Opinion In Reference To
2003-6 A majority of the total number of positions on a given licensing board is required to constitute a quorum as identified in O.C.G.A. § 43-1-2(h), and a majority of such quorum is necessary to conduct board business other than the specific actions set forth in O.C.G.A. § 43-1-19(a), which require an affirmative finding by a majority of the entire board.
2003-5 Miscellaneous questions regarding gubernatorial appointments, the requirements of Senate confirmation and the effect of the lack of Senate confirmation on reappointments and on quorum requirements
2003-4 Miscellaneous questions regarding the imposition, collection, and distribution of additional penalties and surcharges on criminal and traffic fines
2003-3 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints
2003-2 Employees of community service boards hired after July 1, 1996, are not in the classified service of the State Merit System.
2003-1 The Georgia Board of Dentistry is authorized by O.C.G.A. § 43-11-74 to promulgate rules to permit delegating the administration of local anesthesia to dental hygienists under the supervision of a practitioner, so long as that determination is consistent with the Boards statutory obligation under its rule-making authority to protect and promote the public health and welfare of the citizens of this state and is deemed appropriate by the Board.
2002-7 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints
2002-5 Under Georgia law federal forfeiture funds may not be used to pay the salaries, including overtime pay and other benefits, to law enforcement officers.
2002-6 Emergency medical expenses incurred by the Department of Juvenile Justice on behalf of juveniles detained at Department facilities who have not yet been committed to the Department are properly charged to the counties having jurisdiction over those detainees.
2002-4 Conflicts of interest questions regarding the service of a member of the State Ethics Commission who is an attorney.
2002-3 Lenders engaged in making payday loans of $3000 or less must be licensed under the Georgia Industrial Loan Act unless exempt under O.C.G.A. § 7-3-6. Payday loans of $3000 or less are subject to the Act notwithstanding the lenders use of a token consideration such as catalog coupons or a purchase-leaseback arrangement.
2002-2 It was not the intent of the General Assembly that the Commission comply with the Fair and Open Grants Act in administering the HOPE Scholarship, HOPE Grant, and other state scholarship and grant programs.
2002-1 The reimbursement provisions of O.C.G.A. § 42-5-51(c) do not apply to probationers awaiting transfer to probation detention centers or probation diversion centers.
2001-11 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints
2001-10 The Department of Transportation may enter into transportation construction contracts with all or a portion of the financial backing for the contracts coming from a contractual promise from the State Road and Tollway Authority to borrow and provide money to DOT as and when needed to expend on projects that are the subjects of the construction contracts.
2001-9 Interpretation of the Charter Schools Act amendment relating to state charter schools
2001-8 Agencies under the authority, direction, or control of a state-wide elected official other than the Governor may set their own technology policy but must contract through the Georgia Technology Authority for any technology resource purchase exceeding $100,000 pursuant to O.C.G.A. § 50-25-7.2(a).
2001-7 The Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act allows the Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Board to regulate a franchise dealership, who is selling used cars at a temporary location in a county other than the county where the franchise dealership is located.
2001-6 The Board of Technical and Adult Education cannot, without approval of the Employee Benefit Plan Council, extend to all departmental employees the benefit options allowed for former employees of local boards of education or the area postsecondary technical education boards under O.C.G.A. § 20-4-29.
2001-5 Powers of the State Board of Education and the State School Superintendent
2001-4 Campaign contributions prior to January 1, 2001, should not be counted against the new election cycle contribution limits set forth in the revised version of O.C.G.A. § 21-5-41, which became effective on that date.
2001-3 Interest earned on educational purpose sales taxes and on special county one percent sales and use taxes is required to be used exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the respective tax.
2001-2 A member of the Judicial Retirement System who ceases to hold any office or position entitled to coverage in the system is vested with the right to spouses benefits if he or she has made employee contributions for such benefits for a minimum of ten years; however, the right to disability retirement benefits is conditioned upon the disability occurring while the individual is actively holding a position or office covered by the system.
2001-1 There is no legal impediment to a University System institutions allowing a student, upon the students request, to satisfy an internship requirement at a sectarian facility which by policy limits staff and internship employment to persons of its particular religious faith or persuasion, and that disallowance would be in violation of the students First Amendment rights where the permission is denied solely because of the facilitys religious character and exclusivity policies.
2000-11 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.
2000-10 Under O.C.G.A. § 43-34-103(e.1), physicians assistants are allowed to prescribe Schedule III, IV, and V controlled substances when acting under the requisite supervision of a physician and pursuant to the requisite job description.
2000-9 Neither O.C.G.A. § 20-2-145 nor O.C.G.A. § 50-3-4.1 on its face violates the separation of church and state provisions of either the Georgia or the United States Constitution.
2000-8

Mobile homes, synonymously referred to as manufactured homes, are subject to the Motor Vehicle Certificate of Title Act and owners of manufactured homes are required to obtain a motor vehicle certificate of title.  Further, in order for liens or security interests in manufactured homes to be valid against subsequent creditors of the owner, subsequent transferees and subsequent holders of security interests and liens, the lien or security interest must be perfected in accordance with the Motor Vehicle Certificate of Title Act.
2000-7 Official Code of Georgia Annotated § 35-2-12 may constitutionally be enforced to prohibit employees of the Department of Public Safety from contributing any money or any other thing of value to any person, organization, or committee for political campaign or election in county or state primaries or general elections.
2000-6 The use of a blind trust does not limit the information required to be disclosed in a public officers financial disclosure statement, and a public officer must disclose the individual assets and interests held in a blind trust to the extent they are otherwise subject to the provisions of the Georgia Ethics in Government Act.
2000-5 The Georgia Constitution prohibits grants to sectarian institutions for the purpose of the Reading Challenge Program.
2000-4 The Gramm-Leach-Bliley Act preempts the provisions of O.C.G.A. § 33-3-23 restricting lending institutions, bank holding companies, and their subsidiaries and affiliates from selling insurance in municipalities with populations exceeding 5,000.
2000-3 A local law cannot extend the tenure in office of an elected official who would otherwise immediately vacate that office, as required by the Georgia Constitution, when qualifying to run for another elected position.
2000-2 Under the provisions of O.C.G.A. § 47-3-92, only days of sick leave accrued while a member of the Teachers Retirement System may be credited towards retirement under the Teachers Retirement System.
2000-1

The First Offender Act, O.C.G.A. § 42-8-60 et seq., is applicable to misdemeanor offenses.
99-17 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.
99-16 While neither the United States nor the Georgia Constitution contains a per se prohibition against teaching about the Bible in public schools, there are very strict legal limitations on how, and in what context, such courses may be taught.
99-14 While misdemeanants may only be referred to probation detention centers upon initial sentencing pursuant to O.C.G.A. § 42-8-35.4, misdemeanants may also be referred to such facilities pursuant to probation revocation proceedings under O.C.G.A. § 42-8-34.1, and housed in detention centers by the Department of Corrections after a probation revocation proceeding pursuant to O.C.G.A. § 17-10-1(a)(3)(A).
99-15 A licensed real estate broker who is not licensed as a real estate appraiser may provide a real estate brokers price opinion to a lending institution for financing purposes.
99-13 Decisions of the Office of State Administrative Hearings are public records unless they contain information from evidence received in the course of a hearing which has been sealed pursuant to a confidentiality provision.
99-12 Inmate labor may not be used to work for a solid waste management facility that is operated by a private, for-profit entity, where the inmate labor inures to the benefit of that private, for-profit entity.
99-11 Beginning July 1, 1999, 1999 Ga. Laws 798, amending O.C.G.A. § 28-5-85 and O.C.G.A. § 28-5-104, prohibits the Claims Advisory Board from recommending compensation to an inmate injured while in the custody of the Department of Corrections.
99-10 The right to receive an actuarially reduced retirement allowance upon attaining twenty-five (25) years of service, provided for in O.C.G.A. § 47-2-120(e), is not a new "benefit" that has accrued and, therefore, is not proscribed by O.C.G.A. § 47-2-70(c).
99-9 The Adjutant General cannot delegate his discretionary power or authority regarding the signing of state contracts but he can implement guidelines regarding routine contracts and then delegate to the Director of Strategic Resource Management the ministerial function of signing contracts which fall within those guidelines. The delegation should be in writing to set forth clearly the responsibility the Adjutant General has delegated.
99-8 A church that accepts donations of used motor vehicles and resells the vehicles must be licensed as a used motor vehicle dealer in the State of Georgia, unless the church would otherwise qualify for a statutory exemption.
99-7 "Registered" or "exempt" peace officers who otherwise meet the certification requirements of Chapter 8 of Title 35 have the same authority as that of certified peace officers.
99-5 The Private Colleges and Universities Authority is not a "state authority" for the purposes of the Ethics in Government Act and, therefore, its members need not file the financial disclosure forms required by O.C.G.A. § 21-5-50.
99-6 Special policemen, appointed pursuant to O.C.G.A. §§ 35-9-1 through 35-9-14, have and may exercise the powers of a peace officer "only upon the property or in connection with the property" to which they are appointed for the purpose of "protecting and preserving."
99-4 The Georgia Music Hall of Fame Authority is the owner of the "GEORGIA MUSIC HALL OF FAME" and "GEORGY" marks. Additionally, the Georgia Constitution may prohibit the Georgia Music Hall of Fame Authority from delegating the exclusive right to select inductees into the Georgia Music Hall of Fame to any private entity.
99-3 The requirement that amendments to the budgets of local governments be adopted by ordinance or resolution is not satisfied by the adoption of a "blanket amendment" in the local government's budget resolution.