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2018 Georgia Code 28-5-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 28-5-60 Case Law from Google Scholar Amendments to OCGA 28-5-60

TITLE 28 GENERAL ASSEMBLY

Section 5. Financial Affairs, 28-5-1 through 28-5-127.

ARTICLE 4 CLAIMS ADVISORY BOARD

28-5-60. Creation; membership; representation of members by deputies or other designated employees.

  1. There is created the Claims Advisory Board, hereinafter called the board, to be composed of the Secretary of State, who shall be the chairman, the commissioner of human services, the commissioner of corrections, and the commissioner of transportation. Whenever the board takes any official action authorized under the law or duly promulgated rules and regulations, three of the members shall constitute a quorum; however, any of those individuals named above may be represented by a deputy or other designated employee; and any such action shall be valid if any two of the remaining three individuals are present during such action.
  2. The Claims Advisory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Code Section 50-4-3.

(Ga. L. 1963, p. 624, § 1; Ga. L. 1972, p. 1015, § 1805; Ga. L. 1979, p. 797, § 1; Ga. L. 1986, p. 155, § 1; Ga. L. 2009, p. 453, § 2-4/HB 228.)

Cross references.

- Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

Law reviews.

- For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For article discussing sovereign immunity and the state court of claims, see 14 Ga. St. B.J. 152 (1978). For article, "Tort Claims Against the State: Georgia's Compensation System," see 32 Ga. L. Rev. 1103 (1998). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968).

JUDICIAL DECISIONS

Function of the board.

- The function of the Claims Advisory Board is to receive notice of claims against the state, investigate them, hold hearings if necessary, and prepare statements of its findings, its determination of the merits of such claims and its recommendation as to the payment of the same for transmittal to the legislature of this state. The recommendations of this board shall be advisory only and are not binding in any way on the legislature in whose absolute discretion and good faith the ultimate determination of a claim rests. Trice v. Wilson, 113 Ga. App. 715, 149 S.E.2d 530 (1966).

Construction with O.C.G.A. § 50-21-26. - Because: (1) a patron's personal injury claim filed with the claims advisory board (CAB) in no way complied with the ante litem requirements of the Georgia Tort Claims Act, O.C.G.A. § 50-21-20 et seq.; (2) the patron's claim to the CAB was made under a separate statutory scheme set up under Article 4 of Title 28 dealing with the financial affairs of the General Assembly, covered under O.C.G.A. § 28-5-60 et seq.; and (3) prior to filing suit, no notice was given to the Risk Management Division of the Department of Administrative Services or the Department of Motor Vehicle Safety, to the extent that the trial court denied the motion of the state to dismiss the patron's claim of $5,000 or less, the court erred, but the order denying the patron's claim of $5,000 or more was upheld. State of Ga. v. Haynes, 285 Ga. App. 637, 647 S.E.2d 331 (2007).

Guidelines for awarding compensation.

- The legislature has created no statutory guidelines to insure that fair and adequate compensation is paid to injured parties; its award of compensation is absolutely discretionary, ex parte in its determination, and based upon the state's moral obligation to answer for the torts of its employees and not upon any legal duty. Trice v. Wilson, 113 Ga. App. 715, 149 S.E.2d 530 (1966).

Cited in McCoy v. Sanders, 113 Ga. App. 565, 148 S.E.2d 902 (1966); Hight v. Burden, 180 Ga. App. 716, 350 S.E.2d 471 (1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 80 et seq.

C.J.S.

- 81A C.J.S., States, § 490.

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