Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 46-2-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-2-5 Case Law from Google Scholar Amendments to OCGA 46-2-5

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 2. Public Service Commission, 46-2-1 through 46-2-95.

ARTICLE 1 ORGANIZATION AND MEMBERS

46-2-5. Chairperson of commission; selection.

  1. There shall be a chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The chairperson serving on December 31, 2012, shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any four members of the commission may call for an election of a chairperson at any time prior to the end of the term of a chairperson; provided, however, that such elections shall not be held more than twice per calendar year, except in the case of a vacancy by the chairperson; and provided, further, that any chairperson so elected shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. No commissioner shall be elected or serve as chairperson for more than two consecutive terms.
  2. The chairperson shall give his or her entire time to the duties of the office.

(Ga. L. 1907, p. 72, § 3; Civil Code 1910, § 2622; Ga. L. 1919, p. 92, § 2; Ga. L. 1922, p. 143, § 7; Code 1933, § 93-206; Ga. L. 1947, p. 673, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 613, §§ 1-5; Ga. L. 1960, p. 57, §§ 1, 2; Ga. L. 1963, p. 651, § 1; Ga. L. 1967, p. 95, § 1; Ga. L. 1992, p. 2335, § 1; Ga. L. 2012, p. 1176, § 1/SB 483.)

The 2012 amendment, effective December 31, 2012, rewrote subsection (a); deleted former subsections (b) and (c); redesignated former subsection (d) as present subsection (b); and rewrote subsection (b).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "April 20, 1992," was substituted for "this Code section becomes effective" in the third sentence of subsection (a).

Pursuant to Code Section 28-9-5, in 2012, "serving on December 31, 2012," was substituted for "currently serving on the effective date of this Code section" in the second sentence of subsection (a).

JUDICIAL DECISIONS

Cited in Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).

OPINIONS OF THE ATTORNEY GENERAL

Deferring of service as chairman.

- A member of the Public Service Commission who defers serving as chairman will resume the member's place, in the following year, at the head of the order rather than behind the other otherwise eligible commissioners. 1999 Op. Att'y Gen. No. 99-1.

O.C.G.A. § 46-2-5 is constitutional; the Georgia Public Service Commission does not have the authority to declare the statute unconstitutional; the Commission is not free to disregard the statute; the Commission may not select a chairman for a two-year term; and a chairman whose term commences on July 1, 2009, may serve beyond January 16, 2010, only if there are no other commissioners eligible to serve as chairman under O.C.G.A. § 46-2-5(b)(2). 2009 Op. Att'y Gen. No. 2009-4.

RESEARCH REFERENCES

C.J.S.

- 73B C.J.S., Public Utilities, § 63.

Cases Citing Georgia Code 46-2-5 From Courtlistener.com

Total Results: 1

Franklin v. State

Court: Supreme Court of Georgia | Date Filed: 2005-03-28

Citation: 611 S.E.2d 21, 279 Ga. 150, 2005 Fulton County D. Rep. 924, 2005 Ga. LEXIS 227

Snippet: (2002). [4] Cherokee County Ordinance Code § 46-2. [5] Id. [6] See Payne, 275 Ga. at 183, 563 S.E