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2018 Georgia Code 38-4-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-4-1 Case Law from Google Scholar Amendments to OCGA 38-4-1

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 4. Veterans Affairs, 38-4-1 through 38-4-72.

ARTICLE 1 DEPARTMENT OF VETERANS SERVICE

38-4-1. Department of Veterans Service and Veterans Service Board - Created; commissioner; officers; appointment; Senate confirmation; term; duties.

  1. There is created within the state government a Department of Veterans Service. The Department of Veterans Service shall be administered by a commissioner of veterans service and a Veterans Service Board comprised of seven members appointed by the Governor. The commissioner of veterans service shall be the executive officer of the department and shall be charged with the administrative responsibilities of the department in conformity with the orders, rules, and regulations of the Veterans Service Board. The original appointments of the members of the board shall be for terms of one, two, three, four, five, six, and seven years, respectively. Except in cases of vacancy, all terms and appointments of members of the Veterans Service Board after the original appointments shall be for seven years. No person shall be appointed to the Veterans Service Board and no person shall be eligible for the office of commissioner of veterans service except persons who have honorably served not less than three months in the armed services of the United States during a war in which the United States was engaged. All persons serving as members of the board or as commissioner under the terms of this article shall be residents of this state for a period of five years unless they were residents of this state at the time they volunteered, enlisted, or were inducted in the armed services of the United States. There shall be a chairman, vice-chairman, and secretary of the Veterans Service Board annually elected from among its own membership.
  2. The members of the Veterans Service Board shall be confirmed by the Senate. All members of the board and the commissioner of veterans service shall hold office until their successors are appointed and qualified. Any appointment of a member of the board for a full term made when the Senate is not in session shall be effective only until the same is acted upon by the Senate.
  3. As used in this article, the term "commissioner" shall mean the "commissioner of veterans service."

(Ga. L. 1896, p. 65, § 5; Penal Code 1910, § 1469; Ga. L. 1923, p. 121, §§ 1, 4; Ga. L. 1926, Ex. Sess., p. 53, § 1; Ga. L. 1931, p. 7, §§ 9, 10; Code 1933, § 78-101; Ga. L. 1945, p. 315, § 1; Ga. L. 1972, p. 1015, § 2301; Ga. L. 1978, p. 2219, § 1; Ga. L. 1983, p. 1401, § 2.)

Cross references.

- Veterans Service Board, Ga. Const. 1983, Art. IV, Sec. V, Para. I.

Editor's notes.

- Ga. L. 1983, p. 1401, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement certain changes required by Article IV, Section V, Paragraph I, subparagraph (b) of the Constitution of the State of Georgia."

OPINIONS OF THE ATTORNEY GENERAL

Joint responsibility for administration of veterans affairs.

- Former Code 1933, §§ 78-101, 78-102, and 78-104 (see O.C.G.A. §§ 38-4-1,38-4-6, and38-4-7) place a joint responsibility on the director (now commissioner), as executive officer of the Department of Veterans Service, and the Veterans Service Board in the administration of all matters pertaining to the affairs of veterans. 1945-47 Op. Att'y Gen. p. 462.

Respective duties of board and director.

- It is the duty of the Veterans Service Board to prescribe by regulations or orders the broad policies or general plan by which the affairs of the department are to be conducted. The actual duty of executing these policies and directing the day to day activities of the department are vested in the director (now commissioner), who alone has the duty of determining the routine details as to the manner of execution, and the selection, hiring, discharge, and supervision of employees of the department. 1958-59 Op. Att'y Gen. p. 318.

When the board established a policy or rule governing the transaction of the department's business, the board's authority was expended. While it was the duty of the director (now commissioner) to execute, implement, and give effect to all such lawful policies and rules, former Code 1933, § 78-101 et eq. (see O.C.G.A. § 38-4-1 et seq.) did not provide that the board shall itself administer the policies or rules or interfere with the director (now commissioner) in performing the administrative duties vested in the director by law. 1958-59 Op. Att'y Gen. p. 318.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 4, 48 et seq., 80, 81, 137 et seq, 142, 143. 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 21 et seq.

24A Am. Jur. Pleading and Practice Forms, Veterans and Veterans' Laws, § 3.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 21 et seq., 48 et seq., 86 et seq.

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