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2018 Georgia Code 36-74-45 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 3 ENFORCEMENT BOARDS CREATED PRIOR TO JANUARY 1, 2003

36-74-45. Powers of enforcement boards.

Each enforcement board shall have the power to:

  1. Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case;
  2. Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-13-24 to serve subpoenas;
  3. Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance;
  4. Take testimony under oath; and
  5. Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

(Code 1981, §36-74-45, enacted by Ga. L. 2003, p. 581, § 2; Ga. L. 2011, p. 99, § 52/HB 24.)

The 2011 amendment, effective January 1, 2013, substituted "Code Section 24-13-24" for "Code Section 24-10-23" near the end of the last sentence of paragraph (2). See editor's note for applicability.

Editor's notes.

- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews.

- For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

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