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O.C.G.A. § 38-2-210 — Appointment and promotion of commissioned officers; filling of vacancies; grounds for removal | Georgia Code
O.C.G.A. § 38-2-210 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 3 PERSONNEL

38-2-210. Appointment and promotion of commissioned officers; filling of vacancies; grounds for removal.

  1. All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve, or are serving. In the filling of vacancies, preference shall be given to personnel of the organized militia of the state when they are otherwise qualified.
  2. Commissioned officers of the organized militia may be removed in accordance with the applicable laws of the United States and the provisions of this chapter and the regulations issued thereunder.

(Ga. L. 1916, p. 158, § 3; Code 1933, §§ 86-505, 86-516; Ga. L. 1951, p. 311, § 18; Ga. L. 1955, p. 10, § 40; Ga. L. 1959, p. 114, § 1; Ga. L. 1996, p. 740, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Adjutant General's authority includes the power to control the activities of the State Defense Force, to prescribe such officers as may be proper, and to plan and provide for training of the State Defense Force in a manner consistent with the law and regulations prescribed by the Governor. If the Governor directs, the adjutant general may also prescribe regulations, but the adjutant general does not have authority to appoint commissioned officers. 1992 Op. Att'y Gen. No. 92-2.

RESEARCH REFERENCES

C.J.S.

- 6 C.J.S., Armed Services, § 344.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.