Administration of Article

  1. Law
  2. Georgia Code
  3. State Government
  4. Lottery for Education
  5. Bona Fide Coin Operated Amusement Machines
  6. General Provisions
  7. Administration of Article

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  1. The chief executive officer shall provide for the proper administration of this article and is authorized to act on behalf of the corporation for such purpose. The chief executive officer may initiate investigations, hearings, and take other necessary measures to ensure compliance with the provisions of this article or to determine whether violations exist. If the chief executive officer finds evidence of any criminal violations, he or she shall notify the appropriate prosecuting attorney in the county in which such violation occurred.
  2. The chief executive officer is authorized to provide for the enforcement of this article and the board shall provide for collection of the revenues under this article by rule and regulation.
  3. The chief executive officer may delegate to an authorized representative any authority given to the chief executive officer by this article, including the conduct of investigations, imposing of fees and fines, and the holding of hearings.

(Code 1981, §48-17-12, enacted by Ga. L. 1992, p. 1521, § 3; Code 1981, §50-27-81, as redesignated by Ga. L. 2013, p. 37, § 1-1/HB 487.)

The 2013 amendment, effective April 10, 2013, redesignated former Code Section 48-17-12 as present Code Section 50-27-81; throughout this Code section, substituted "chief executive officer" for "commissioner" and substituted "article" for "chapter"; in subsection (a), added "and is authorized to act on behalf of the corporation for such purpose" at the end of the first sentence, and substituted "he or she" for "the commissioner" in the last sentence; inserted "board shall provide for" in subsection (b); and inserted ", imposing of fees and fines," in subsection (c).

Editor's notes.

- Ga. L. 2013, p. 37, § 3-1/HB 487, not codified by the General Assembly, provides, in part, that: "(b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of subsection (g) of Code Section 50-27-78 and Section 2-1 of this Act, this Act shall stand repealed by operation of law.

"(c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited." As of July 2020, no such decision has been issued.

JUDICIAL DECISIONS

Exhaustion of remedies.

- Coin operated amusement machine licensee failed to exhaust the licensee's administrative remedies under the procedure set out in the GLC rules before filing suit in superior court; therefore, the licensee's action was properly dismissed. After the hearing officer denied the licensee's request for reconsideration, the licensee had ten days from receipt of the reconsideration order to file a motion for review with the GLC's President/CEO under GLC Rule 13.2.5(1)(b)(1)(A), which the licensee failed to do. Amusement Leasing, Inc. v. Ga. Lottery Corp., 352 Ga. App. 243, 834 S.E.2d 330 (2019).


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