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2018 Georgia Code 45-10-29 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-10-29 Case Law from Google Scholar Amendments to OCGA 45-10-29

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 10. Codes of Ethics and Conflicts of Interest, 45-10-1 through 45-10-92.

ARTICLE 2 CONFLICTS OF INTEREST

45-10-29. Public officials prohibited from granting themselves licenses by waiving certain requirements; requirements to be satisfied prior to renewal of licenses; penalties for violations.

  1. Notwithstanding any law, rule, or regulation to the contrary, a public official shall not be authorized to waive any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business.
  2. Any license that has been issued by a public official by waiving any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business shall not be renewed until and unless the license holder has satisfied all of the requirements for securing a renewal license as well as any requirement that had been waived for the issuance of the original license.
  3. Any person who knowingly violates subsection (a) or (b) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28.

(Code 1981, §45-10-29, enacted by Ga. L. 2011, p. 449, § 11/HB 413.)

PART 2 C ONTRACTS OF OFFICERS OF STATE INSTITUTIONS WITH STATE INSTITUTIONS

45-10-40. Contracting with state institutions not allowed; exceptions.

No member of the Board of Regents of the University System of Georgia or of the Board of Human Services, no trustee or other officer of any institution which is wholly or in part supported by state funds, and no partnership of which such person is a member shall make any contract with the governing board or trustees of such institution or any officer of such institution for the sale and purchase of merchandise or supplies for such institution whereby profit shall accrue to such board member or trustee or such partnership of which such person is a member. Such trustee or officer of such institution shall not make any profit or receive any money for the sale, handling, or disposal of any crop or crops or property of such institution. Such member, trustee, or other officer of such institution shall not make or be interested in any contract for supplies or merchandise for such institution when such contract or the making of the same is wholly or in part made or influenced by the action of the board governing such institution or the trustees thereof or is controlled by any officer of such institution; and any and all such contracts are declared to be illegal and void, provided that any such contracts as are described in this Code section may be made with a corporation of which any such board member or trustee is a stockholder if such member or trustee does not vote on or participate in the making of such contract. No board member or trustee of such institution shall be prohibited from making contracts for furnishing supplies to the students or faculty of such institution for their individual use.

(Ga. L. 1918, p. 265, § 1; Code 1933, § 89-904; Ga. L. 1990, p. 8, § 45; Ga. L. 2009, p. 453, § 2-3/HB 228.)

OPINIONS OF THE ATTORNEY GENERAL

Transactions between members of Board of Regents and University System prohibited.

- Business transactions between any member of the Board of Regents and the University System of Georgia are prohibited absent a statutory exception permitting the transaction, and then only if there is no common law conflict creating a breach of the member's constitutional fiduciary duty. 2004 Op. Att'y Gen. No. 2004-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 253, 262, 378, 383, 414.

ALR.

- Relation as creditor of contracting party as constituting interest within statute or rule of common law against public officer being interested in contract with the public, 73 A.L.R. 1352.

Relationship as disqualifying interest within statute making it unlawful for an officer to be interested in a public contract, 74 A.L.R. 792.

Member of governmental board voting on measure involving his personal interest, 133 A.L.R. 1257.

Public officer's relation to corporation as officer or stockholder as constituting interest within statute or rule of common law against public officer being interested in contract public, 140 A.L.R. 344.

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