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Call Now: 904-383-7448The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall produce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission within two business days of the commission's receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
(Code 1981, §21-5-7, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 6; Ga. L. 2000, p. 1619, § 6; Ga. L. 2005, p. 859, § 6/HB 48.)
- Ga. L. 2005, p. 859, § 28, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.
- For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 119 (2005).
- Due to the similarity of provisions and the possible continuing applicability of decisions under the former chapter (see Code Section 21-5-10), decisions under the former chapter are included in the annotations to this Code section.
- Due process is violated where the commission subpoenas witnesses, holds public hearings at which witnesses are interrogated, and ultimately issues a report, but all the while refusing to allow a request by the alleged violator to participate in the public hearings by cross examining witnesses, making objections, and presenting evidence. Caldwell v. Bateman, 252 Ga. 144, 312 S.E.2d 320 (1984) (decided under former chapter).
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2015-06-15
Snippet: covered by the privilege. See former OCGA § 24-9-21 (5)-(7) (now OCGA § 24-5-501 (5)-(7)).
Court: Supreme Court of Georgia | Date Filed: 2015-06-15
Citation: 297 Ga. 501, 773 S.E.2d 716, 2015 Ga. LEXIS 444
Snippet: covered by the privilege. See former OCGA § 24-9-21 (5)-(7) (now OCGA § 24-5-501 (a) (5)-(7)).