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2018 Georgia Code 35-2-47 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-2-47 Case Law from Google Scholar Amendments to OCGA 35-2-47

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 2. Department of Public Safety, 35-2-1 through 35-2-164.

ARTICLE 2 GEORGIA STATE PATROL

35-2-47. Suspension pending dismissal.

All officers, troopers, and communications officers who are in the classified service as defined by Code Section 45-20-2 may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.

(Ga. L. 1937, p. 322, art. 2, § 5; Ga. L. 1949, p. 70, § 7; Ga. L. 1976, p. 465, § 1; Ga. L. 1992, p. 3131, § 6; Ga. L. 1997, p. 880, § 2; Ga. L. 2000, p. 951, § 12-6; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-48/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration" in this Code section.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

OPINIONS OF THE ATTORNEY GENERAL

Member may be suspended without prior hearing.

- Any officer or trooper is entitled to a hearing before discharge, but the officer or trooper may be suspended without hearing, provided that a hearing is to be held within 60 days after the suspension. 1948-49 Op. Att'y Gen. p. 714.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 79. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 22 et seq.

C.J.S.

- 62 C.J.S., Municipal Corporations, § 110. 63 C.J.S., Municipal Corporations, §§ 608 et seq., 663 et seq., 745, 749. 67 C.J.S., Officers and Public Employees, §§ 141, 151 et seq., 164.

ALR.

- Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.

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