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2018 Georgia Code 45-19-27 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 19. Labor Practices, 45-19-1 through 45-19-46.

ARTICLE 2 FAIR EMPLOYMENT PRACTICES

45-19-27. Additional powers and duties of administrator.

In the enforcement of this article the administrator shall have the following powers and duties:

  1. To maintain an office in the City of Atlanta and such other offices within the state as the administrator may deem necessary;
  2. To meet and exercise the administrator's powers at any place within the state;
  3. Within the limitations provided by law, to appoint clerks and other employees and agents as the administrator may deem necessary, to include employees and agents to represent complainants at special master hearings as provided in Code Section 45-19-37;
  4. To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental departments and agencies;
  5. To cooperate with the United States Equal Employment Opportunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, and with other federal and local agencies in order to achieve the purposes of that act; and to cooperate with other federal and local agencies in order to achieve the purposes of this article;
  6. To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury;
  7. To accept on behalf of the state reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the United States Equal Employment Opportunity Commission;
  8. To receive, initiate, investigate, seek to conciliate, and make determinations regarding complaints alleging violations of this article and to approve or disapprove plans required by the Governor to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age;
  9. To furnish technical assistance requested by persons subject to this article to further their compliance with this article or an order issued thereunder;
  10. To investigate and make studies, subject to approval by the Governor, of unlawful practices in public employment and, in connection therewith, to hold hearings, to request the attendance of persons to give testimony, to receive for the record at any such hearing written statements, documents, exhibits, and other items pertinent to the subject matter of any such hearing, and, following any such investigation or hearing, to issue such report and recommendations as will in its opinion assist in carrying out the purposes of this article;
  11. To require answers to interrogatories, examine witnesses, and require the production of documents so long as it is relevant to the investigation of a complaint;
  12. To render written reports to the Governor and the General Assembly. The reports may contain recommendations of the administrator for legislative or other action to effectuate the purposes and policies of this article;
  13. To make provision for technical and clerical assistance to the Board of Commissioners of the Commission on Equal Opportunity;
  14. To adopt, promulgate, amend, and rescind, subject to approval of the board and the Governor and after giving proper notice and hearing to all public employers pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as may be necessary to carry out the provisions of this article, including regulations requiring the posting or inclusion in advertising material of notices prepared or approved by the administrator and regulations regarding the filing, approval, or disapproval of plans to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age;
  15. To cooperate with other organizations, public and private, to discourage unlawful practices and discrimination in employment;
  16. To maintain with the United States Equal Employment Opportunity Commission status as a "deferral agency" under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said commission or as a "referral agency" under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended; and
  17. To require, pursuant to rules and regulations promulgated by the administrator under the authority of paragraph (14) of this Code section, from any state agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this article.

(Ga. L. 1978, p. 859, §§ 12, 13; Ga. L. 1983, p. 1097, § 1; Ga. L. 1992, p. 6, § 45; Ga. L. 1992, p. 1828, § 4; Ga. L. 1995, p. 1302, § 10.)

U.S. Code.

- The Civil Rights Act of 1964, referred to in this Code section, is codified as 42 U.S.C. § 2000a et seq.

JUDICIAL DECISIONS

Cited in Robinson v. Department of Cors., 211 Ga. App. 134, 438 S.E.2d 190 (1993).

OPINIONS OF THE ATTORNEY GENERAL

Powers of personnel administration commission over affirmative action plans unaffected.

- The 1983 amendments to O.C.G.A. §§ 45-19-27 and45-19-35 of the "Georgia Fair Employment Practices Act" do not infringe on the state personnel board or the personnel administration commissioner's responsibilities in the area of affirmative action plans. 1983 Op. Att'y Gen. No. 83-51.

Cases Citing O.C.G.A. § 45-19-27

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Finney v. Dep't of Corr., 434 S.E.2d 45 (Ga. 1993).

Cited 15 times | Published | Supreme Court of Georgia | Jul 15, 1993 | 263 Ga. 301, 93 Fulton County D. Rep. 2534

...Rather, I would hold, as did the Court of Appeals, that the determinative factor for the opportunity of an award by a special master of attorney fees to a prevailing party is whether the party has obtained counsel appointed by the administrator of the Office of Fair Employment Practices (OFEP) pursuant to OCGA § 45-19-27 (3) or, whether the party has retained private counsel pursuant to OCGA § 45-19-37 (i)....
...ate representation in pursuing his or her claim before the special master, and may obtain the services of an attorney for that purpose in one of two ways: the complainant may utilize the services of the OFEP administrator, who, *305 pursuant to OCGA § 45-19-27 (3), will arrange legal representation; or the complainant may retain his or her own private counsel, OCGA § 45-19-37 (i)....
...to this Court by the General Assembly to construe FEPA broadly to further the purposes thereof. First, although Finney chose to have her attorney appointed by the administrator, the attorney clearly represents Finney and not the administrator. OCGA § 45-19-27 (3). Moreover, there is simply nothing in §§ 45-19-27 *309 (3) or 45-19-37 (i) that states that a complainant who elects to be represented by an attorney appointed by the administrator may not thereafter seek attorney fees under § 45-19-38 (c)....
...Moreover, construing § 45-19-38 (d) to limit the superior court's authority to award attorney fees would place a further burden on the administrator's ability to hire attorneys to represent complainants. Attorneys hired by the administrator are only paid by the administrator through the special master proceedings. OCGA § 45-19-27 (3)....
...Or does it explode?" Today I wonder. For the foregoing reasons, I dissent. I am authorized to state that Justice Benham joins in this dissent. NOTES [1] By the term privately retained attorney, I mean an attorney not appointed by the FEPA administrator pursuant to OCGA § 45-19-27 (3)....
...) in connection with the Department of Corrections' appeal to the superior court of the special master's award. However, since Finney's attorney at the superior court level was not compensated under the contract with the OFEP administrator, see OCGA § 45-19-27 (3), unlike the proceedings before the special master, Finney would not be precluded from a fee award under the rationale of this special concurrence....