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O.C.G.A. § 45-12-53 — Appointments not subject to Senate confirmation | Georgia Code

O.C.G.A. § 45-12-53 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 12. Governor, 45-12-1 through 45-12-207.

ARTICLE 3 APPOINTMENTS AND VACANCIES

45-12-53. Appointments not subject to Senate confirmation.

No appointment by the Governor shall be subject to confirmation by the Senate unless the statute under which such appointment is made requires confirmation or confirmation is otherwise required by law.

(Ga. L. 1941, p. 289, § 2.)

Law reviews.

- For article discussing control of tenure of executive officers by the president and the Governor, see Ga. B.J. 13 (1941).

OPINIONS OF THE ATTORNEY GENERAL

Construction of statutory provisions.

- In the enactment of O.C.G.A. §§ 45-12-53 and45-12-54, the General Assembly intended that gubernatorial appointments to statutory offices are not subject to senatorial confirmation unless: (1) that requirement is specifically included with the statutory power of appointment; or (2) the appointment is to a "board," a "commission," or a "bureau" that is created or established by law. 2003 Op. Att'y Gen. No. 2003-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, §§ 4, 5.

C.J.S.

- 67 C.J.S., Officers, §§ 47, 55, 61. 81A C.J.S., States, § 173.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., 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.