TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 2. Department of Labor, 34-2-1 through 34-2-14.

34-2-3. Election, term of office, compensation, removal, and duties of Commissioner of Labor.

The Department of Labor shall be under the direction and supervision of a commissioner to be known as the Commissioner of Labor. The Commissioner shall devote his full time to the duties of his office and shall not hold any other office during his term of office.
The Commissioner shall be elected by those persons entitled to vote for the members of the General Assembly, and his term shall be for four years.
The Commissioner of Labor shall be compensated in the amount provided for in Code Section 45-7-4, payable in semimonthly installments, and shall receive such travel expenses and allowances as are provided for in Code Section 45-7-20; provided, however, that pursuant to Code Section 45-7-4, the Commissioner shall in addition thereto be entitled to receive necessary and actual expenses incurred by him in the performance of his duties as administrator of Chapter 8 of this title.
The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office, provided that written charges are served upon the Commissioner at least ten days prior to a hearing thereon before the Governor and the constitutional officers of this state, and provided, further, that a majority shall find that the Commissioner is guilty of the charges preferred under this chapter, but for no other cause.
The Commissioner shall have charge of the administration and enforcement of all laws, rules, and regulations which it is the duty of the department to administer and enforce except as provided in Chapter 9 of this title and shall direct all inspections and investigations except as otherwise provided.

(Ga. L. 1911, p. 133, §§ 1-7; Ga. L. 1913, p. 82, §§ 1-3; Ga. L. 1919, p. 278, § 1; Ga. L. 1922, p. 77, § 1; Ga. L. 1925, p. 141, § 1; Ga. L. 1931, p. 7, §§ 101-106, 109; Code 1933, §§ 54-105, 54-106, 54-107, 54-108; Ga. L. 1937, p. 230, § 4; Ga. L. 1941, p. 240, § 2; Ga. L. 1943, p. 170, § 1; Ga. L. 1947, p. 673, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 613, §§ 1-6; Ga. L. 1961, p. 185, §§ 1, 2; Ga. L. 1984, p. 1152, § 3.)

Cross references.

- Further provisions as to qualifications of Commissioner of Labor, Ga. Const. 1983, Art. V, Sec. III, Para. II.

Vacating of office upon permanent physical or mental disability of holder of office, Ga. Const. 1983, Art. V, Sec. IV.

JUDICIAL DECISIONS

Cited in Stanley v. Sims, 185 Ga. 518, 195 S.E. 439 (1937); State Bd. of Educ. v. Board of Pub. Educ., 186 Ga. 783, 199 S.E. 641 (1938).

OPINIONS OF THE ATTORNEY GENERAL

Provision for removal of Commissioner unconstitutional.

- Subsection (d) of O.C.G.A. § 34-2-3 authorizing proceedings to remove the Commissioner of Labor for neglect of duty or malfeasance in office is unconstitutional. 1983 Op. Att'y Gen. No. 83-68.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 1 et seq., 14 et seq., 137 et seq., 169 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 2 et seq., 47, 227 et seq., 275 et seq. 81A C.J.S., States, § 264.

ALR.

- Conclusiveness of governor's decision in removing or suspending officers, 92 A.L.R. 998.

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 34 in the context of Georgia workers' compensation and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.