ARTICLE 1
GENERAL PROVISIONS
49-2-2. Board created; qualifications and appointment of members; terms of office; vacancies; removal; per diem and expenses.
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There is created a Board of Human Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Board of Community Health or the Board of Behavioral Health and Developmental Disabilities, are transferred to the Board of Human Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate.
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The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term.
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Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term.
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Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17.
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There shall be a chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board.
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The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards.
(Ga. L. 1972, p. 1069, § 2; Ga. L. 2002, p. 1420, § 1; Ga. L. 2009, p. 453, § 2-1/HB 228.)
Cross references.
- Rule-making power of Board of Human Services with regard to treatment of the mentally ill, developmentally disabled, and alcoholics,
§§
37-3-2,37-4-3,37-7-2.
Restriction on power of board members to contract with state-supported institutions,
§
45-10-40 et seq.
Administrative Rules and Regulations.
- Hearings and petitions for rule-making, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources Administration, Chapter 290-1-1.
JUDICIAL DECISIONS
Cited in
Ray v. Edwards, 557 F. Supp. 664 (N.D. Ga. 1982).
OPINIONS OF THE ATTORNEY GENERAL
Simultaneous service on county board of health.
- Person cannot serve simultaneously as board member and county board of health member. 1985 Op. Att'y Gen. No. 85-28.
Member subject to removal when more than seven rendering health services.
- Appointment to the Board of Human Resources of more than seven members who are engaged in providing health services is precluded; any person engaged in providing health services whose appointment to the board causes that limitation to be exceeded could not lawfully hold office and would be subject to removal. 1976 Op. Att'y Gen. No. 76-46.
Ga. L. 1976, p. 344,
§
2 (see O.C.G.A.
§
45-10-5) did not negate rule-making powers
of Board of Human Resources. 1976 Op. Att'y Gen. No. 76-43.1.
