O.C.G.A.

O.C.G.A. § 37-1-41 (2019)

Rules and regulations of Board of Behavioral Health and Developmental Disabilities

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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All rules and regulations of the Board of Behavioral Health and Developmental Disabilities shall be adopted pursuant to Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’

History

Code 1933, § 88-307, enacted by Ga. L. 1964, p. 499, § 1; Code 1981, § 37-1-40; Ga. L. 1993, p. 1445, § 11; Ga. L. 2009, p. 453, § 3-1/HB 228; Code 1981, § 37-1-41, as redesignated by Ga. L. 2011, p. 752, § 37/HB 142.

Annotations

Cross references. - County boards of health generally, T. 31, C. 3. Editor’s notes. - Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: ‘‘Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the ‘Community Services Act for the Mentally Retarded.’ ’’ Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: ‘‘This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and

community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.’’ The Act was approved by the Governor on April 27, 1993. Ga. L. 1994, p. 437, § 12, effective July 1, 1994, not codified by the General Assembly, amends Ga. L. 1993, p. 1445, § 19.1 to exempt the 1993 amendment of this Code section from repeal on June 30, 1999.

GOVERNING & REG. OF MENTAL HEALTH

JUDICIAL DECISIONS Administrative appeal procedures not provided. - O.C.G.A. § 37-1-41, which requires that county boards of health conduct hearings before adopting rules and regulations, did not provide administrative appeal procedures to a hotel, motel, and restaurant association in a

dispute over the assessment of inspection fees by a county board of health where no hearing had been held. Aldridge v. Georgia Hospitality & Travel Ass’n, 251 Ga. 234, 304 S.E.2d 708 (1983) (decided prior to 1993 amendment).

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Health, §§ 20, 36. C.J.S. - 39A C.J.S., Health and Environment, § 18 et seq. ALR. - Regulation of business of tattooing, 81 A.L.R.3d 1212. Adequacy of defense counsel’s represen-

tation of criminal client - issues of incompetency, 70 A.L.R.5th 1. Adequacy of defense counsel’s representation of criminal client - pretrial conduct or conduct at unspecified time regarding issues of insanity, 72 A.L.R.5th 109.

ARTICLE 4 HEARINGS AND EVIDENCE