O.C.G.A. § 40-16-5 (2019)
Authority of commissioner; previous action by department; background checks; debt collection
(a) Subject to approval by the board, the commissioner shall have the power to make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer. (b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer. (c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of
Title 50, the ‘‘Georgia Administrative Procedure Act’’; provided, however, that regulations governing commercial driver licensing may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50; provided, further, that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including but limited to posting on the department’s computer Internet site. (d) Rules and regulations previously adopted which relate to functions performed by the Department of Driver Services shall remain of full force and effect as rules and regulations of the Department of Driver Services until amended, repealed, or superseded by rules or regulations adopted by the commissioner of driver services. The following rules and regulations shall remain of full force and effect as rules and regulations of the referenced department until amended, repealed, or superseded by rules or regulations adopted by the referenced department: (1) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Transportation from the Department of Motor Vehicle Safety; (2) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Public Service Commission from the Department of Motor Vehicle Safety; (3) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Public Safety from the Department of Motor Vehicle Safety; (4) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Revenue from the Department of Motor Vehicle Safety; and (5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities for these purposes) to the Department of Driver Services. (e) All valid licenses, permits, certificates, and similar authorizations previously issued by any department or agency with respect to any function transferred as provided in this chapter shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law. (f ) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate regulations allowing for back698
ground investigations of applicants for credentials in any of the industries regulated by the department by means other than classifiable electronically recorded fingerprints in instances in which an applicant attempts to comply with the applicable statutory language mandating such background investigation, but his or her fingerprints cannot be captured electronically for reasons that are beyond the applicant’s control. (g)(1) The commissioner may contract with a debt collection agency or attorney doing business within or outside this state for the collection of delinquent fees owed to the department pursuant to this title. Such contract may provide for the rate of payment and the manner in which compensation for debt collection services shall be paid. The compensation, fees, and expenses for such debt collection may be added to the amount of the delinquent fees owed and may be collected directly by the contractor from the debtor. The commissioner is authorized to provide such contractor with the necessary information regarding the delinquent fees and debtor for the collection of the fees owed. (2) No delinquent fees may be collected pursuant to paragraph (1) of this subsection from a person not subject to a license suspension or cancellation pursuant to this title. (3) The commissioner may adopt rules and regulations to carry out the provisions of this subsection.
History
(Code 1981, § 40-16-5, enacted by Ga. L. 2000, p. 951, § 1-1; Ga. L. 2002, p. 1378, § 7; Ga. L. 2005, p. 334, § 1-1/HB 501; Ga. L. 2009, p. 453, § 3-22/HB 228; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2011, p. 355, § 18/HB 269; Ga. L. 2017, p. 184, § 7/HB 136.)
Annotations
JUDICIAL DECISIONS Rules and regulations permitting search of commercial vehicle valid. - Because Georgia’s commercial vehicle scheme under O.C.G.A. § 40-16-2(b)(3) and its regulations provided ample notice that such vehicles could be stopped and inspected, and the inspections were limited as to who could perform the inspections and the cargo and documents to be inspected, denying the defendant’s motion to suppress the drugs found in the defen-
dant’s commercial vehicle was proper under the Fourth Amendment; O.C.G.A. § 40-16-5(c) expressly exempted any requirement that the rules and regulations be promulgated pursuant to the Georgia Administrative Procedure Act O.C.G.A. Ch. 13, T. 50, and the rules and regulations were effective. United States v. Ponce-Aldona, 579 F.3d 1218 (11th Cir. 2009), cert. denied, 558 U.S. 1128, 130 S. Ct. 1094, 175 L. Ed. 2d 912 (2010).