Title 46 — Title 46
0 chapters · 434 sections in this title.
O.C.G.A. § 46-2-1 Election of Commissioners; terms of office
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(a) The Georgia Public Service Commission shall consist of five members to be elected as provided in this Code section. The members in office on January 1, 2000, and any member appointed or elected to fill a vacancy in such membership prior to the expiration of a term of office s…
O.C.G.A. § 46-2-25 Procedure for changing any rate, charge, classification, or service
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(a) No person, firm, or corporation (referred to in this Code section as a ‘‘utility’’) subject to the jurisdiction of the commission shall make any change in any rate, charge, classification, or service subject to the jurisdiction of the commission, or in any rule or regulation …
O.C.G.A. § 46-2-26.2 Tax accounting by utilities in rate-making proceedings
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For purposes of determining a utility’s cost of service in rate-making proceedings, the income tax expense portion shall be calculated on the basis of net income before income taxes. Any difference between income based on the utility’s accounting records and income determined in …
O.C.G.A. § 46-2-26.4 Accounting procedures in gas utility rate proceedings
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(a) The accounting treatments specified in this Code section shall apply in any proceeding before the commission to determine the rates to be charged by a gas utility. (b) In any proceeding commenced after April 1, 2002, to determine the rates to be charged by a gas utility, the …
O.C.G.A. § 46-2-3 Oath of office of Commissioners
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The Commissioners shall take an oath of office, the wording of which shall be determined by the Governor. (Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Civil Code 1910, § 2619; Code 1933, § 93-203.)
O.C.G.A. § 46-2-30 Power of commission to make rules and regulations generally
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The commission shall have full power and authority to make rules and regulations to effectuate and implement all laws conferring powers and duties upon the commission. Any rule or regulation adopted by the commission shall be transmitted to the chairman of the appropriate committ…
O.C.G.A. § 46-2-31 Annual report by commission to Governor
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It shall be the duty of the commission to make annual reports of its activities to the Governor and to recommend from time to time such legislation as it may deem advisable. (Ga. L. 1878-79, p. 125, § 14; Code 1882, § 719n; Ga. L. 1889, p. 133, § 1; Civil Code 1895, § 2201; Civil…
O.C.G.A. § 46-2-4 Filling of vacancies on commission
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Any vacancy in the commission shall be filled by the Governor. Any person so appointed shall hold his office until the next regular general election and until his successor for the balance of the unexpired term has been elected and has qualified. (Ga. L. 1906, p. 100, § 4; Civil …
O.C.G.A. § 46-2-40 Creation of Utility Finance Section; composition of section
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There is established a Utility Finance Section of the commission staff, which section shall have the powers and duties specified in this article. The section shall consist of a director, an assistant director, and such accountants, statisticians, experts, and clerical personnel a…
O.C.G.A. § 46-2-44 Duties of Utility Finance Section generally
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The duties of the Utility Finance Section shall include the following: (1) Preparing a budget for the section for submission by the director of the section to the director of utilities to secure the necessary appropriations to finance the activities of the section; (2) Investigat…
O.C.G.A. § 46-2-45 Relationship of Utility Finance Section to commission
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The Utility Finance Section shall have the following authority and relationship to the commission: (1) The section shall be part of the commission staff; and (2) The section shall be deemed a party to any proceeding to consider rates in which it participates, provided that it sha…
O.C.G.A. § 46-2-5 Chairman of commission; selection
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(a) There shall be a chairman of the commission. The chairman shall be selected on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after April 20, 1992, and shall serve for a term of office as chairman expiring January 1, 19…
O.C.G.A. § 46-2-50 Conducting of hearings and investigations generally
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The commission shall conduct hearings and investigations in different parts of the state when, in the opinion of the commission, such hearings and investigations will best serve the interest and convenience of the public. (Ga. L. 1922, p. 143, § 3; Code 1933, § 93-502.)
O.C.G.A. § 46-2-58 Conducting of hearings by hearing officers
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(a) The commission shall employ one or more hearing officers to perform the duties set forth in this Code section. Hearing officers shall be persons qualified by knowledge and experience to conduct hearings on utility and transportation matters. In addition, the commission may em…
O.C.G.A. § 46-2-59 Unified Gov’t v
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Ga. PSC, 293 Ga. App. 786, 668 S.E.2d 296 (2008). Superior court failed to address basis for agency’s conclusions. — Judgment reversing a decision of the Georgia Department of Transportation overruling an administrative law judge’s finding that one owner had a valid multiple messa…
O.C.G.A. § 46-2-6 Salary of Commissioners
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The salary of each Commissioner shall be as provided in Code Section 45-7-4, provided that nothing in this Code section or in Code Section 46-2-5 shall entitle an emeritus commissioner to a salary greater than $12,000.00 per annum. (Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a;…
O.C.G.A. § 46-2-7.1 Director of utilities
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(a) On or before July 1, 1981, the commission shall employ a director of utilities, who shall serve at the pleasure of the commission and whose salary shall be set by the commission. (b) The director of utilities shall: (1) Direct the activities of the utility divisions and secti…
O.C.G.A. § 46-2-7.2 Public information officer
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(a) On or before September 1, 1981, the commission shall employ a public information officer, who shall serve at the pleasure of the commission. (b) The public information officer shall: (1) Report directly to the executive secretary; (2) Maintain the commission’s public informat…
O.C.G.A. § 46-2-70 Definitions
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As used in this article, the term: (1) ‘‘Corporation’’ means any private corporation, municipal corporation, joint-stock company, partnership, association, business trust, or other organized group of persons, whether incorporated or not, or a receiver or trustee of any of the for…
O.C.G.A. § 46-2-90 Lang v
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Standard Tel. Co., 243 Ga. App. 301, 533 S.E.2d 162 (2000). Violations of O.C.G.A. § 46-2-25.1 or O.C.G.A. § 46-2-25.2 did not impose any duties or obligations upon telecommunication providers, a violation of which would 72 Page: 73 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.…
O.C.G.A. § 46-2-91 Penalties recoverable before commission
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(a) Any person, firm, or corporation (referred to in this Code section as a ‘‘utility’’) subject to the jurisdiction of the commission, which utility willfully violates any law administered by the commission or any duly promulgated regulation issued thereunder or which fails, neg…
O.C.G.A. § 46-2-92 Penalties recoverable by state through civil action
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(a) Every company under the jurisdiction of the commission, and all officers, agents, and employees of every such company, shall obey, observe, and comply with every order made by the commission under authority of law. Any company under the jurisdiction of the commission, or any …
O.C.G.A. § 46-2-95 Civil actions; standard for obtaining an injunction
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The commission may bring a civil action to enjoin the violation of any law administered by the commission or any rule, order, or regulation established by the commission. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction …