Whenever it shall be made to appear to the council composed of the Governor, the Secretary of State, and the Attorney General, as provided in this Code section and Code Section 45-12-23 or a majority thereof, that the incapacity of the Commissioner of Insurance has been overcome and removed, a finding in writing to that effect shall be made and filed in the Governor's office; and thereupon the authority of the person designated to act for the Commissioner of Insurance shall come to an end and the Commissioner of Insurance shall assume and perform the duties of his office. During the period of the incapacity of the Commissioner of Insurance, the salaries due as provided by existing law shall continue to be paid.
(Ga. L. 1937, p. 608, § 2; Ga. L. 1986, p. 855, § 24; Ga. L. 1987, p. 3, § 45.)
OPINIONS OF THE ATTORNEY GENERAL
Subordinate not authorized to vote where officer not incapacitated.
- No subordinate of the Comptroller General is authorized by Ga. L. 1937, p. 608, §§ 1 and 2 (see now O.C.G.A. §§ 45-12-23 and45-12-24) to attend meetings of the State Depository Board and cast the Comptroller General's vote on matters coming before the board, based upon the simple absence (as opposed to incapacity) of the Comptroller General. 1971 Op. Att'y Gen. No. 71-105.
RESEARCH REFERENCES
Am. Jur. 2d.
- 38 Am. Jur. 2d, Governor, § 5.
C.J.S.- 67 C.J.S., Officers, § 161. 81A C.J.S., States, §§ 183, 201.