Additional Powers and Duties of Administrator

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Labor Practices
  5. Fair Employment Practices
  6. Additional Powers and Duties of Administrator

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In the enforcement of this article the administrator shall have the following powers and duties:

  1. To maintain an office in the City of Atlanta and such other offices within the state as the administrator may deem necessary;
  2. To meet and exercise the administrator's powers at any place within the state;
  3. Within the limitations provided by law, to appoint clerks and other employees and agents as the administrator may deem necessary, to include employees and agents to represent complainants at special master hearings as provided in Code Section 45-19-37;
  4. To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental departments and agencies;
  5. To cooperate with the United States Equal Employment Opportunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, and with other federal and local agencies in order to achieve the purposes of that act; and to cooperate with other federal and local agencies in order to achieve the purposes of this article;
  6. To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury;
  7. To accept on behalf of the state reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the United States Equal Employment Opportunity Commission;
  8. To receive, initiate, investigate, seek to conciliate, and make determinations regarding complaints alleging violations of this article and to approve or disapprove plans required by the Governor to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age;
  9. To furnish technical assistance requested by persons subject to this article to further their compliance with this article or an order issued thereunder;
  10. To investigate and make studies, subject to approval by the Governor, of unlawful practices in public employment and, in connection therewith, to hold hearings, to request the attendance of persons to give testimony, to receive for the record at any such hearing written statements, documents, exhibits, and other items pertinent to the subject matter of any such hearing, and, following any such investigation or hearing, to issue such report and recommendations as will in its opinion assist in carrying out the purposes of this article;
  11. To require answers to interrogatories, examine witnesses, and require the production of documents so long as it is relevant to the investigation of a complaint;
  12. To render written reports to the Governor and the General Assembly. The reports may contain recommendations of the administrator for legislative or other action to effectuate the purposes and policies of this article;
  13. To make provision for technical and clerical assistance to the Board of Commissioners of the Commission on Equal Opportunity;
  14. To adopt, promulgate, amend, and rescind, subject to approval of the board and the Governor and after giving proper notice and hearing to all public employers pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as may be necessary to carry out the provisions of this article, including regulations requiring the posting or inclusion in advertising material of notices prepared or approved by the administrator and regulations regarding the filing, approval, or disapproval of plans to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age;
  15. To cooperate with other organizations, public and private, to discourage unlawful practices and discrimination in employment;
  16. To maintain with the United States Equal Employment Opportunity Commission status as a "deferral agency" under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said commission or as a "referral agency" under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended; and
  17. To require, pursuant to rules and regulations promulgated by the administrator under the authority of paragraph (14) of this Code section, from any state agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this article.

(Ga. L. 1978, p. 859, §§ 12, 13; Ga. L. 1983, p. 1097, § 1; Ga. L. 1992, p. 6, § 45; Ga. L. 1992, p. 1828, § 4; Ga. L. 1995, p. 1302, § 10.)

OPINIONS OF THE ATTORNEY GENERAL

Powers of personnel administration commission over affirmative action plans unaffected.

- The 1983 amendments to O.C.G.A. §§ 45-19-27 and45-19-35 of the "Georgia Fair Employment Practices Act" do not infringe on the state personnel board or the personnel administration commissioner's responsibilities in the area of affirmative action plans. 1983 Op. Att'y Gen. No. 83-51.


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