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2018 Georgia Code 43-1-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-1-9 Case Law from Google Scholar Amendments to OCGA 43-1-9

TITLE 43 PROFESSIONS AND BUSINESSES

Section 1. General Provisions, 43-1-1 through 43-1-33.

43-1-9. Point credit for veterans taking examinations given by professional licensing boards.

Any applicant taking an examination required by any professional licensing board except the Georgia Board of Nursing shall receive points in the following manner:

  1. Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination;
  2. Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and
  3. Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination.

(Ga. L. 1960, p. 1172, § 1; Ga. L. 1964, p. 761, § 1; Ga. L. 1968, p. 1213, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 2000, p. 1706, § 19; Ga. L. 2007, p. 483, § 1/SB 114; Ga. L. 2010, p. 266, § 9/SB 195; Ga. L. 2014, p. 136, § 1-1/HB 291.)

The 2014 amendment, effective July 1, 2014, deleted "the State Board of Accountancy and" following "licensing board except" in the introductory paragraph.

Cross references.

- Civil service preference for veterans, Ga. Const. 1983, Art. IV, Sec. III, Para. II and § 45-2-20 et seq.

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Veterans' preference in examinations not in conflict with preference in hiring.

- There is no conflict between the preference in employment granted veterans under Ga. Const. 1976, Art. IV, Sec. VI, Para. II (see now Ga. Const. 1983, Art. IV, Sec. III, Para. II), and extra points granted to veterans when taking licensure examinations offered by the various state examining boards under Ga. L. 1968, p. 1213, § 1 (see now O.C.G.A. § 43-1-9), since the two provisions speak to separate types of veterans preferences. 1978 Op. Att'y Gen. No. 78-69.

Purpose of Ga. L. 1960, p. 1172,

§ 1. - Intention of Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) is to require that qualifying veterans be allowed a preference in grants of professional licenses or certificates of registration. 1976 Op. Att'y Gen. No. 76-21.

Ga. L. 1960, p. 1172,

§ 1 was mandatory, leaving board no discretion. - As each section employs the word "shall" in its provisions, Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) were mandatory and allow the board no discretion in application of preference points in appropriate cases. 1976 Op. Att'y Gen. No. 76-21.

Veterans' preference points should be credited to examination scores of eligible candidates for registration by the State Board of Examination, Qualification, and Registration of Architects. 1976 Op. Att'y Gen. No. 76-21.

In awarding veterans' credit points, the board should utilize the disability rating determined by the United States Department of Veterans Affairs formulated pursuant to 38 U.S.C. § 301 et seq. 1980 Op. Att'y Gen. No. 80-73.

Board should ascertain numerical score when "fail" grade is reported.

- Board should consult with the board's grading service to determine if a numerical score could be provided in those cases in which a "fail" grade is presently reported; the board might also consider the possibility of grading the board's own examinations to determine a numerical score. 1976 Op. Att'y Gen. No. 76-21.

Preference not applied retroactively.

- Applicants who took an examination and received scores prior to the effective date of Ga. L. 1960, p. 1172, §§ 1, 2 (see now O.C.G.A. §§ 43-1-9 and43-1-10) cannot have veterans' preference points applied to those scores. 1972 Op. Att'y Gen. No. 72-119.

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 89 et seq.

C.J.S.

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

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