One of the duties of the Attorney General is to give his legal opinion, when required to do so by the Governor, on any question of law connected with the interest of the state or with the duties of any of the departments. O.C.G.A. § 45-15-3(1). However, to avoid having the Governor endorse all requests for opinions originating within the departments of the state, the Attorney General receives requests for opinions directly from the heads of the executive departments.

The Attorney General will also provide opinions to other state officers, such as legislators, judges or district attorneys. The Attorney General does not generally provide legal advice, opinions or representation to county or municipal governments or officials, but will on request review the written legal opinions and conclusions of counsel for local governments.

Opinions issued to the Governor and the heads of the executive departments are classified as "Official Opinions." Those issued to other state officers (such as legislators, judges or district attorneys) are classified as "Unofficial Opinions." Additionally, from time to time the Attorney General will approve interstate compacts or issue position papers on questions of state law. Those documents are published along with the opinions of the Attorney General.

This presentation of the opinions of the Georgia Attorney General is provided for informational purposes only and should not be considered as legal advice to the general public. From time to time, opinions may be withdrawn, revised or otherwise made obsolete.

 

Opinion In Reference To
95-36

The statutory proviso negating a "conflict of interest" situation for Board of Regents' employees who serve on the governing boards of the various private, nonprofit, educational, athletic and research foundations and associations affiliated with University System institutions is both express, and contained in legislation dealing specifically with "conflicts of interests" in government. This specific proviso in public sector legislation is in no way affected, limited or modified by a more recent amendment of Georgia's general corporation code placing certain "conflict of interest" disclosure requirements upon the directors and officers of private non-profit corporations.
95-34 An "approved school" for purposes of tuition equalization grants must have been in existence in Georgia for ten years prior to being eligible to receive grant funds in addition to satisfying other statutory criteria. Further, eligibility also depends upon a school being a baccalaureate degree granting institution on or after July 1, 1995.
95-35 Registration to vote may not be conditioned upon an applicant supplying his race on a registration application, though race may be requested as an optional part of the registration process.
95-15 A school board may not close to the public any meeting devoted to the airing of grievances about school personnel by interested members of the public. Further, should the school board conduct an inquiry into the actions of school personnel any evidence or argument presented to the board must be held in an open meeting, but the board may close that portion of the meeting consisting of deliberation or discussion of disciplinary action upon proper compliance with the statutory meeting closure provisions.
95-14 Forsyth County did not establish a county police force when it created a county marshal's office in 1985 and, therefore, the county governing authority must comply with the requirements of O.C.G.A. § 36-8-1(b) before creating a county police force.
95-13 A hospital authority may apply for a certificate of need outside its area of operation and without the permission of the affected governing authority or hospital authority board in the planned service area, provided however that in order to implement the certificate permission to pursue the health care activity would be required.
95-33 Companies providing alternative insurance coverage in lieu of workers' compensation insurance may be required to participate in the Workers' Compensation Insurance Plan by a rule properly promulgated under the Administrative Procedure Act.
95-12 The City of Tifton may not transfer real property by deed of gift to the Tift County Recreation Department for recreational use but may transfer real property pursuant to a valid inter-governmental contract.
95-32 The statutory phrase "to procure insurance coverage for participants in its programs," found in O.C.G.A. ¿ 50-12-44, grants the Commission the power to procure insurance only for those actively taking part in the athletic competition, and thus, the Commission has no power to procure insurance for its sponsors.
95-11 A hospital authority may not own or operate a business corporation consistent with the mandate of the Georgia Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq. Further, a member of a hospital authority board has an impermissible conflict of interest where he has any financial interest, not de minimis, in an entity conducting business with the authority notwithstanding the existence of an intermediary between the board and the entity.
95-31 Certified financial statements, financial audits and summary statements of nonprofit contractors who seek to contract with and obtain reimbursement through the Office of Planning and Budget based upon the recommendation of the Georgia Council for the Arts must be made available for public inspection.
95-30 The Georgia Housing and Finance Authority's power to continue to make loans pursuant to the United States Department of Agriculture's Farmers Home Administration Intermediary Relending Program until reaching the monetary limit of the existing promissory note is not affected by the "sunset" provision of O.C.G.A. ¿ 50-26-10(i)(2).
95-29

The National Guard is a law enforcement agency within the contemplation of O.C.G.A. § 16-13-48.1 and -49(u)(4)(B) and is eligible to share in proceeds of drug-related forfeitures with respect to activities under O.C.G.A. § 38-2-10 or a duly declared emergency.

This opinion has been modified by AG Opinion 2018-2
95-27 A judicial determination that a person is incompetent is required before a person may be denied the right to vote.
95-28 Under O.C.G.A. ¿ 42-8-112(b), the Department of Public Safety is required to deny reinstatement of a driver's license or issuance of a probationary license for failure to provide proof of the installation of an ignition interlock device only when the installation of such a device has been imposed as a condition of probation by a court in a county or municipality which has established a provider center as defined in O.C.G.A. ¿ 42-8-110(b).
95-26 Expenditures made independently of a candidate, including expenditures in favor of or opposing a candidate, are not subject to the dollar limitations and reporting and registration requirements of the Ethics in Government Act.
95-10 A court reporter is required to make the disclosure of the complete arrangements for the reporting of a deposition required by O.C.G.A. § 9-11-28(d) at the beginning of the deposition. The requirement of disclosing the complete arrangements includes disclosing the costs to be charged to the person making the arrangements for the court reporter's services.
95-25 Regents may lease its lands in return for the endowment of a research chair if the endowment is equal to the fair market value of the lease and the term of the lease is reasonable.
95-24 The Georgia Housing and Finance Authority does not have statutory power to provide marketing, fund management and underwriting services to a private, nonprofit lending entity
95-23 The Office of Consumer Affairs has jurisdiction under O.C.G.A. § 10-1-391 et seq. to address violations of O.C.G.A. § 43-21-16 arising out of direct transactions between "hotel operators" and consumers.
95-9 The School Safety and Juvenile Justice Reform Act grants exclusive jurisdiction to the superior court over any matter concerning any child 13 to 17 years of age who is alleged to have committed certain serious felony offenses; therefore, a magistrate court judge must be designated to serve as a superior court judge in order to issue arrest warrants, conduct a first appearance hearing, and conduct a preliminary or committal hearing for juveniles covered by the Act.
95-22 The forgiveness of loans made by the Georgia Housing and Finance Authority under the Economic Development Incentive Loan Program violates state law.
95-21 The Georgia State Board of Private Detective and Security Agencies is not required by federal law to modify the frequency of background checks conducted on individuals issued weapon permits pursuant to O.C.G.A. ¿ 43-38-10, but the Armored Car Industry Reciprocity Act of 1993 does preempt licensing requirements for armored car crew members who are carrying weapons based on a federal reciprocity agreement.
95-20 Places of worship are not exempt from the requirements of O.C.G.A. § 30-3-1 et seq.
95-18 Absent a constitutional amendment, a program to assess the testing of equines for equine infectious anemia cannot be established under the authority of the Georgia Agricultural Commodities Promotion Act or through statutory amendment thereto.
95-19 Insurance companies which are exempt from federal taxation pursuant to Section 501(c) of the Internal Revenue Code are subject to premium tax liability unless specifically exempted.
95-8 Court records concerning juveniles should be afforded the same treatment as any other superior court records when the superior court retains exclusive jurisdiction over a case involving a juvenile thirteen to seventeen years of age who is accused of committing any of the seven offenses specified in O.C.G.A. § 15-11-5(b)(2)(A).
95-15 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data.
95-16 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data.
95-17 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data.
95-14 The City of Atlanta may charge the Board of Regents for permitting a fiber optic cable to lie under city owned streets.
95-13 A person employed in Georgia who has been penalized for being absent from work for the purpose of attending a judicial proceeding in another state under the conditions set forth in O.C.G.A. § 34-1-3 has a civil cause of action against the employer. Official Code of Georgia Annotated § 34-1-3 does not create a separate criminal offense.
95-12 Flood insurance premiums collected by private insurance companies pursuant to the National Flood Insurance Program are not subject to municipal and county taxes as provided in O.C.G.A. § 33-8-8.2(a).
95-11 The authority to sit on various state boards may not be delegated to a Deputy Commissioner of Insurance, unless the statute creating the appropriate board provides for a designee.
95-7

Petitions for relief under the Family Violence Act and petitions for divorce may be combined in one action; however, the procedures governing the divorce action must comply with the Civil Practice Act. Furthermore, the filing fees for such a combination action would be governed by the general civil action filing fees provisions; only if a petition for relief under the Family Violence Act is filed separately would the unique lesser filing fee in O.C.G.A. § 19-13-3(a) be applicable.
95-10 When a public agency is assembling more than one parcel of real property for a public project, records relative to that "transaction" and "property" as a whole are exempt from public inspection under O.C.G.A. § 50-18-72(a)(6) until all the property to be acquired is acquired or is abandoned or terminated from the project.
95-9 A public relations agreement whereby a private company permanently acquires the preeminent right to associate its name commercially with the property of the state violates the "joint ownership" prohibition of the Georgia Constitution.
95-8 Request for an Official Interpretation of O.C.G.A. § 43-9-16(b).
95-6

A state court judge who establishes residency outside of the county from which the judge is elected vacates this office as a matter of law.
95-7 Authority of local governments to require contractors licensed by the state to obtain liability insurance or code compliance bonds.
95-5 When determining the results of voting for a consolidated government, the term "county," as used in O.C.G.A. § 36-60-16, means the whole county not just the unincorporated portion thereof.
95-6

The Department of Children and Youth Services is eligible to receive tuition grants for disabled students whose Individualized Education Programs place them in private residential programs for educational reasons. When the student is committed to the Department of Children and Youth Services pursuant to O.C.G.A. § 49-4A-8, the educational agency responsible for providing a free and appropriate public education under the Individuals with Disabilities Education Act is either the Department or the local school district in which the student resides.
95-4 Constitutional limitations on power of the Board of Pardons and Paroles to consider inmates for parole.
95-5 Unless otherwise exempted or excluded, contested cases not presided over by the agency head or board or body which is the ultimate decision maker are to be conducted by the Office of State Administrative Hearings.
95-4

A professional corporation is prohibited by state law from issuing stock to an employee stock ownership plan, established as a trust, where some of the beneficiaries of the trust are not licensed in the profession of the corporation.
95-3 Implantation of microchips in animals for identification purposes does not constitute the practice of veterinary medicine.
95-3

The executive director to a MH/MR/SA regional board may be hired by the state division director only with the approval of the regional board, and may be fired by the state division director, either on his own initiative or in compliance with the request of a majority of the regional board membership.
95-2 Local boards of education are not authorized by statute to provide transportation to students for extracurricular activities by leasing vehicles for that use.
95-2 Persons who fall within the definition of a lobbyist in relation to county or municipal matters, as defined under O.C.G.A. § 21-5-70(6)(D), (E), (F), must comply with the registration and reporting requirements of the Public Officials Conduct and Lobbyist Disclosure Act.
95-1 Questions regarding the jurisdiction of the probate court.