Qualifications of Commissioners; Restriction on Any Interest in Companies Under Jurisdiction of Commission; Disqualification of Commissioner

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Public Service Commission
  5. Organization and Members
  6. Qualifications of Commissioners; Restriction on Any Interest in Companies Under Jurisdiction of Commission; Disqualification of Commissioner

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  1. Any person who is at least 30 years of age, is qualified to vote as an elector, and is not directly or indirectly interested in any mercantile business or any corporation that is controlled by or that participates in the benefit of any pool, combination, trust, contract, or arrangement that has the effect of increasing or tending to increase the cost to the public of carriage, heat, light, power, or any commodity or merchandise sold to the public shall be eligible for membership on the commission, without regard to his experience in law or in the utility or transportation business.
  2. During their terms of office, the Commissioners shall not, jointly or severally, or in any way, be the holders of any stock or bonds, or be agents or employees of any company, or have any interest in any company under the jurisdiction of the commission. If any Commissioner becomes disqualified in any way, he shall at once remove the disqualification or resign; and on failure to do so he shall be suspended from office by the Governor.

(Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Ga. L. 1907, p. 72, § 2; Civil Code 1910, § 2620; Code 1933, § 93-202.)

Cross references.

- Conflicts of interest of state officials and employees generally, § 45-10-20 et seq.

JUDICIAL DECISIONS

Suspension by Governor.

- Under former Code 1933, § 93-202 (see O.C.G.A § 46-2-2) Governor may suspend commissioner for any satisfactory cause. Felton v. Huiet, 178 Ga. 311, 173 S.E. 660 (1933).

Suspension from office is not deprivation of property.

- Public office is public trust or agency and is not property of incumbent thereof, and, when incumbent is suspended from such office, incumbent is not deprived of any property. Felton v. Huiet, 178 Ga. 311, 173 S.E. 660 (1933).

Cited in Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).

OPINIONS OF THE ATTORNEY GENERAL

Limitation on applicability of section.

- Application of former Code 1933, § 93-202 (see O.C.G.A § 46-2-2) was limited to five commissioners comprising Public Service Commission. 1963-65 Op. Att'y Gen. p. 536.

RESEARCH REFERENCES

C.J.S.

- 73B C.J.S., Public Utilities, §§ 25, 64.


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