O.C.G.A. § 46-7-27 (2019)
Authority of commissioner to adopt rules and orders necessary for enforcement of article
The commissioner is authorized to adopt such rules and orders as he or she may deem necessary in the enforcement of this article. Such rules and orders so approved by the commissioner shall have the same dignity and standing as if such rules and orders were specifically provided in this article.
History
(Ga. L. 1931, p. 199, § 26; Code 1933, § 68-629; Ga. L. 1996, p. 950, § 3; Ga. L. 2000, p. 951, § 9-4; Ga. L. 2004, p. 631, § 46.)
Annotations
Editor’s notes. - Ga. L. 1996, p. 950, § 3,
effective April 15, 1996, reenacted this Code section without change. Ga. L. 2000, p. 951, § 13-1, not codified by the General Assembly, provides that the 2000 Act which amended this Code section becomes fully effective July 1, 2001, but autho-
rizes administrative action commencing April 28, 2000, for purposes of appointing certain officials, adopting rules and regulations, employing personnel, and preparing for and phasing in full implementation; provided, however, that the Governor may by executive order extend the date for full
implementation of the Act to no later than July 1, 2003. In accordance with an executive order issued June 29, 2001, by the Governor, the amendment of this Code section by Ga. L. 2000, p. 951, became fully effective July 1, 2001.
JUDICIAL DECISIONS Editor’s note. - In light of the similarity of the provisions, decisions under former Code 1933, § 68-523 are included in the annotations for this section. Rule of the commission is not ‘‘law of the state’’ within the meaning of that term as used in the provisions of the Constitution giving exclusive jurisdiction on appeal to Supreme Court to pass on constitutionality of state law. Reliable Transf. Co. v. May, 70 Ga. App. 613, 29 S.E.2d 187 (1944). Commission acts in quasi-legislative manner. - As the commission is authorized to adopt such rules and orders as it may deem necessary in the enforcement of the provisions of the statutory law regarding motor common carriers, it therefore, acts in a quasi-legislative manner. Georgia Pub. Serv. Comm’n v. Smith Transf. Co., 207 Ga. 658, 63 S.E.2d 653 (1951). Commission rules have same force and effect as statute. - A rule passed by the commission in pursuance of the statutory law regarding motor common carriers has the force and effect of a law or statute of this state. Maner v. Dykes, 52 Ga. App. 715, 184 S.E. 438 (1936), later appeal, 55 Ga. App. 436, 190 S.E. 189 (1937). The commission has authority and power to adopt such rules and regulations within the scope of the legislative enactment, and as an effective means of enforcing the statutory law respecting motor common carriers, and such rules and regulations have the same force and effect as that of a statute. Georgia Pub. Serv. Comm’n v. Jones Transp., Inc., 213 Ga. 514, 100 S.E.2d 183 (1957). Delegation of regulatory power by Legislature proper. - The legislature could
clearly designate the Public Service Commission to act for it in seeing that public service motor vehicles conformed to the regulatory laws applicable to them, leaving to that body the working out of the minor details regarding such regulations. Maner v. Dykes, 55 Ga. App. 436, 190 S.E. 189 (1937). Commission not bound by strict rules of evidence in conducting hearings. - The commission was authorized by former Code 1933, § 68-523 to adopt rules of evidence and procedure in carrying out its duties in the administration of this article, and was not bound by strict rules of evidence in conducting its hearings. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm’n, 213 Ga. 418, 99 S.E.2d 225 (1957) (decided under former Code 1933, § 68-523). Effect of introduction of ex parte affidavits at hearing upon commission order. - Upon a hearing by the commission on an application for a certificate of public convenience and necessity, the mere introduction before that body of ex parte affidavits does not invalidate the order of the commission. Tamiami Trail Tours, Inc. v. Georgia Pub. Serv. Comm’n, 213 Ga. 418, 99 S.E.2d 225 (1957) (decided under former Code 1933, § 68-523). Cited in Bass v. Georgia Public-Service Comm’n, 192 Ga. 106, 14 S.E.2d 740 (1941); Reliance Ins. Co. v. Bridges, 168 Ga. App. 874, 311 S.E.2d 193 (1983); Kinard v. National Indem. Co., 225 Ga. App. 176, 483 S.E.2d 664 (1997), aff ’d sub nom., Ross v. Stephens, 269 Ga. 266, 496 S.E.2d 705 (1998).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 21 et seq., 27 et seq., 130, 140 et seq. ALR. - State regulation of carriers by
motor vehicle as affected by interstate commerce clause, 47 ALR 230; 49 ALR 1203; 62
ALR 52; 85 ALR 1136; 109 ALR 1245; 135 ALR 1358.