O.C.G.A.
O.C.G.A.

O.C.G.A. § 28-5-123 (2019)

Written application demonstrating eligibility as prerequisite to awarding of grant; award of grants to be determined independently by state agency

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) No grant shall be awarded except upon written application which demonstrates in specific terms how the applicant is eligible and satisfies the criteria. All grants shall be disbursed pursuant to grant agreements which state in specific terms the amount and purposes of the grant and the other terms and conditions of the grant.

(b) No grant by the executive branch of state government shall be awarded or disbursed solely upon the recommendation, request, or direction of an officer, member, or employee of the legislative or judicial branch of state government. The award and disbursement of any grant shall be determined independently by the state agency.

History

(Code 1981, § 28-5-123, enacted by Ga. L. 1993, p. 1914, § 20.)

Annotations

OPINIONS OF THE ATTORNEY GENERAL Independent determination of eligibility. - A state agency making grants to local governments must independently exercise its statutory discretion in deter-

mining eligible applicants and may not limit eligibility solely on the basis of an administrative document of the General Assembly. 1993 Op. Att’y Gen. No. 93-19.