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2018 Georgia Code 50-8-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-8-5 Case Law from Google Scholar Amendments to OCGA 50-8-5

TITLE 50 STATE GOVERNMENT

Section 8. Department of Community Affairs, 50-8-1 through 50-8-301.

ARTICLE 1 GENERAL PROVISIONS

50-8-5. Commissioner; powers.

  1. The office of the commissioner of community affairs, as it existed immediately prior to July 1, 1989, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the department's chief executive officer and administrative head. The commissioner serving immediately prior to July 1, 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner limited by any amount that may be specified in the appropriations Act.
  2. The commissioner shall have and may exercise the following power and authority:
    1. The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
    2. The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
    3. The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and
    4. The power and authority to assist the board in the performance of its duties, responsibilities, and functions and the exercise of its power and authority.

(Code 1981, §50-8-5, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1.)

Cross references.

- Duties of commissioner with regard to factory-built housing, § 8-2-110 et seq.

Cases Citing O.C.G.A. § 50-8-5

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Bd. of Commissioners of Lowndes Cnty. v. Mayor & Council of the City of Valdosta, 309 Ga. 899 (Ga. 2020).

Cited 5 times | Published | Supreme Court of Georgia | Sep 28, 2020

.... . verify” that a service delivery strategy includes certain statutory components. OCGA § 36-70-26 (emphasis added). But by statute the DCA commissioner is the department’s “chief executive officer and administrative head.” OCGA § 50-8-5 (a). The commissioner’s powers include, among others, “[t]he power and authority to take or cause to be taken any or all action ....
...coordinated and comprehensive planning, or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise[.]” OCGA § 50-8-5 (b) (1), (2)....
...And the DCA board “establish[es] policy and direction for the department and shall perform such other functions as may be provided or authorized by law.” OCGA § 50-8-4 (a). The DCA board also has the power to hire and fire the DCA commissioner, see OCGA § 50-8-5 (a), and by this appointment and removal power has authority over the actions of the DCA commissioner. The State Defendants suggest that the fact that a DCA staffer, and not Knowles or any of the DCA board members, sent the notice...