Georgia Administrative Code

(A) Statutory Basis for Grant Program. O.C.G.A. 40-10-7. General Scope and Purpose of the Grant Program. The general scope and purpose of the grant program is to educate the public on traffic safety and facilitate the implementation of programs that reduce crashes, injuries and f…

The Board of Commissioners of the State Housing Trust Fund for the Homeless shall consist of nine (9) members. Two (2) of the nine (9) members shall be persons occupying the positions of chairperson and executive director of the Georgia Housing and Finance Authority. Seven (7) of…

(1) Commission: The State Housing Trust Fund for the Homeless Commission. (2) Financial Assistance: Loans or grants, or any combination thereof; provided by the Commission from the State Housing Trust Fund for the Homeless. (3) Homeless: Persons or families which have no access t…

(1) Qualified sponsors seeking to apply for financial assistance from the Commission must apply for financial assistance on Commission approved application forms. An applicant must submit a separate application for each residential housing project for which it seeks financial ass…

Financial assistance is available in the form of loans and/or grants. Unless otherwise specified, activities eligible for financial assistance include, but are not limited to, the following: new construction; land acquisition; rehabilitation of existing structures.

The criteria to be used by the Commission when determining which residential housing projects shall receive disbursements of available money from the Trust Fund shall include, but not be limited to, the following: impact on homelessness; number of individuals and families assiste…

(1) The public may obtain information on or make submissions or requests to the Commission by addressing inquiries to: State Housing Trust Fund for the Homeless Commission, c/o Georgia Housing and Finance Authority. (2) Any interested person may petition the Commission requesting…

(1) The Immigration Enforcement Review Board ("IERB") is a regulatory agency entrusted with the task of reviewing compliance by a public agency or employee with an eligibility status provision of Georgia law. (2) The mailing address of the IERB is: Immigration Enforcement Review …

The following definitions shall apply generally to all rules and regulations of the Immigration Enforcement Review Board. (1) "Chairperson" shall mean the chairperson of the IERB. (2) "Complainant" shall mean a person filing a complaint with the IERB. (3) "Complaint" shall mean a…

(1) There shall be a chairperson of the IERB selected from among the members of the IERB, elected by a majority vote of the members of the IERB. After the initial organization of the IERB and election of a chairperson, subsequent elections of a chairperson for the IERB shall be m…

(1) Any legal resident of the State of Georgia, as that term is defined in O.C.G.A. § 40-2-1, who is also a legally registered voter, may file a complaint with the IERB. Complaints filed by an individual who is not a legal resident of the State of Georgia or who is not a legally …

(1) A review panel of the IERB shall review all complaints received by the IERB to determine their legal sufficiency. (2) Any complaints made by an individual not authorized to file a complaint, made on forms not promulgated by the IERB, made in a manner not proscribed by the IER…

(1) Should the initial review by the review panel determine that the complaint should be set down for a hearing, the review panel shall set a date and time for the hearing to be held. The review panel shall provide notice of the date and time of the hearing to both the complainin…

(1) If an initial decision finds that there has been a violation of or failure to enforce an eligibility status provision, the public agency or employee shall have thirty (30) days from service of the initial decision to provide a sanction response to the review panel as to why s…

(1) If an initial decision finding no violation of or failure to enforce an eligibility status provision is made by a review panel consisting of fewer than the entire board, the complaining party may appeal that initial decision to the entire board of the IERB by providing servic…

The Georgia State Indemnification Commission (the "Commission") shall consist of eight members to include the Governor, the Secretary of State, the Commissioner of Insurance, the Commissioner of Public Safety, the Commissioner of Corrections, the Commissioner of Human Resources, …

(1) The meetings of the Commission shall be at the call of the Chairman and shall be held at a place to be designated by him. (2) The Commission shall hold meetings at least once a quarter to consider applications for benefits. However, the Commissioner shall not be required to h…

The purpose of this Commission is to establish a procedure for providing the indemnification benefits to emergency medical technicians, firefighters, law enforcement officers, prison guards, and emergency management rescue specialists who are killed or permanently disabled in the…

For the purpose of indemnification benefits authorized by O.C.G.A. 45-9-80et seq., as used in these rules, the term: (a) "Commission" means the Georgia State Indemnification Commission. (b) "Emergency medical technician" includes only persons who: 1. are certified as emergency me…

For the purpose of supplemental temporary disability compensation as authorized by O.C.G.A. 45-9-101et seq., as used in these rules, the term: (a) "Fireman" means any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state gove…

Every person eligible under Ga. Laws 1978, p. 1914, et seq., as amended, shall file with the Georgia State Indemnification Commission a designation of the person who is to be their beneficiary under Ga. Laws 1978, p. 1914, et seq., as amended. The application shall be made on for…

(a) In the case of permanent disability, the emergency medical technician, firefighter, law enforcement officer, prison guard, or emergency management rescue specialist eligible for indemnification pursuant to O.C.G.A. 45-9-80et seq. may elect payment of $75,000.00 in equal insta…

Once a beneficiary is designated or a method of payment selected, such designation or selection may only be changed by filing another properly executed form, to be provided by the Commission, with the Commission via the Georgia Department of Administrative Services, Atlanta, Geor…

(a) An application for indemnification benefits may be made by: 1) any emergency medical technician, firefighter, law enforcement officer, prison guard, and emergency management rescue specialist who is permanently disabled in the line of duty as specified in O.C.G.A. 45-9-80et s…

Any designated beneficiary of any person as defined in Ga. Laws 1978, p. 1914, et seq., as amended, killed in the line of duty or any officer disabled in the line of duty shall make application on forms supplied by the Commission. Such application or other suitable notice must be…

(a) Upon receipt of a completed application, the Department of Administrative Services will evaluate the application and any other pertinent documents submitted by the applicant or obtained by the Department of Administrative Services. (b) Unless the applicant is otherwise inform…

Upon application from the Department of Administrative Services, any member of the Commission shall be authorized to issue subpoenas for such documentary or other evidence which the Department of Administrative Services deems necessary to conduct the investigation provided for in…

If the Commission disapproves the applicant's application, the applicant may appeal the Commission's decision to the Superior Court in accordance with O.C.G.A. 50-13-1 et. seq.

Any and all documents which the applicant wishes to have brought to the attention of the Commission shall be filed with the Commission via the Department of Administrative Services.

The Commission may from time to time appoint special masters to hear claims referred to them by the Commission. The special masters shall be attorneys at law, who shall be in good standing with the State Bar of Georgia and who shall have practiced in the State of Georgia for thre…

The special master shall be reimbursed for out-of-pocket expenses and shall be paid at an hourly rate which shall be established by the Commission for services rendered.

Any claimant making an application to the Commission for indemnification shall execute whatever documents the Commission requires, subrogating the Commission to whatever claim the claimant might have against the person or persons causing the involved person's death. By making app…

(1) Statutory Basis for Grant Program. The Georgia Indigent Defense Act, O.C.G.A. 17-12-30, states that the Georgia Indigent Defense Council shall "administer funds provided by the state and federal governments to support local indigent defense programs provided for in Code Secti…

The Office of Division Director shall be maintained under the supervision of the Secretary of State. The Division Director is appointed by the Secretary of State to serve at his or her pleasure.

It shall be the duty of the Division Director to bring together and keep all records relating to the several licensing boards; to receive all applications for licenses, with consent of the board concerned; to schedule the time and place for examination; to schedule the time and p…

The agency shall notify all parties of the date, time and place of the hearing.

(1) Presiding Officer. The hearing shall be conducted by the presiding officer, who shall be a duly appointed hearing officer, the chairman or president of the agency, or a member of the agency appointed by the agency or the chairman or president thereof to conduct the hearing. (…

The agency or the Chairman or president of the agency may appoint a hearing officer to act as the presiding officer in the proceeding.

The presiding officer upon his own motion, or upon motion by a party or other person joined in the proceeding, may order proceedings involving a common question of law or fact to be consolidated for hearing on any or all of the matters at issue in such proceedings.

Briefs may be filed by a party or any interested person either before or during the course of the hearing, or within such time thereafter as the presiding officer shall designate. Failure to file a brief shall in no way prejudice the rights of any party.

(1) Upon request, the presiding officer may, for good cause shown, allow the parties to file evidentiary documents of any kind, or exhibits, at a time subsequent to the completion of the hearing, such time to be determined by the presiding officer. If a request for such subsequen…

A party may, at any time prior to the rendering of a final decision by the agency, move that the hearing be reopened for the purpose of receiving new evidence. Such motions shall be filed in accordance with the provisions of Rule 295-5-.01 and shall be granted only for good cause…

(1) Either the Respondent or the Board may seek review of the initial decision of the hearing officer pursuant to O.C.G.A. 50-13-17(a). If the Respondent files a timely motion for review of the initial decision of the hearing officer, the Respondent may include therein a statemen…

Any party may file a motion for rehearing of a final decision of the Board within ten (10) days after the date of actual service of such final decision on the Respondent or Respondent's counsel. Such motion shall be in accordance with Rule 295-5-.01 and, in addition, shall includ…

All appeals shall be filed in accordance with the Georgia Administrative Procedure Act and O.C.G.A. 43-1-19(f) or O.C.G.A. 43-1-20.1(c).

It is the policy of the Examining Boards Division to pursue its legal remedies under O.C.G.A. 16-9-20 when a bad check is issued in payment of examination, license or renewal fees, application fees, or similar fees, and to take such other action as is outlined in the following ru…

If an applicant for examination issues a bad check, such applicant shall not be entitled to stand for the examination until the examination fee and the service charge are paid either by cashier's check or money order. If an applicant for examination takes the examination before i…