Board as an Independent Agency; Executive Director; Meetings and Hearings; Licenses, Certificates, and Permits; Investigations; Venue; Credit to Veterans; Annual Report

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  1. The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall have with respect to all matters within the jurisdiction of the board as provided under this chapter the powers, duties, and functions of professional licensing boards as provided in Chapter 1 of this title.
  2. The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection.
  3. Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the chairperson of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board.
  4. Licenses, certificates, and permits issued by the board shall be subject to renewal and shall be valid for up to two years unless otherwise specified by this chapter and shall be renewable biennially on the renewal date established by the board.
  5. The board, through the executive director, may hire investigators for the purpose of conducting investigations. Any person so employed shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties.
  6. The venue of any action involving members of the board shall be the county in which is found the primary office of the governmental entity of which the defendant is an officer. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.
  7. The board shall give point credit to veterans in the same manner as required under Code Sections 43-1-9 through 43-1-13.
  8. Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board.
  9. The executive director shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which shall be made available to any member of the General Assembly upon request.
  10. The executive director, with the approval of the board, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required of the board.

(Code 1981, §43-34-24.1, enacted by Ga. L. 1999, p. 296, § 13; Ga. L. 2000, p. 1706, § 14; Ga. L. 2001, p. 1240, § 6; Code 1981, §43-34-6, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2010, p. 963, § 2-18/SB 308.)

Editor's notes.

- Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of subsection (e) shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Law reviews.

- For article, "Crimes and Offenses," see 27 Georgia St. U.L. Rev. 131 (2011).


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