About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2013 Georgia Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagga0065 and id is 1 raw text is: Page 1 of 4 GEORGIAGOV GEORGIA DEPARTMENT OF LAW 40 CAPITOL SQUARE SW SAMUEL S. OLENS ATLANTA, GA 30334-1300 www taw.ga.gov A1TORNE Y CENRAl. (404) 656-3300 Official Opinion 2013-1 March 20, 2013 To: Chairman, Immigration Enforcement Review Board Re: While the Immigration Enforcement Review Board should act with due diligence and hold hearings within a reasonable period of time from the date that a complaint is received by the Board, the Board is under no statutory deadline to hold a hearing on the merits of a complaint filed pursuant to O.C.G.A. § 50-36-3 within a specified period of time from the date that the complaint is received. You have requested my opinion concerning the statutory time frames imposed upon the Immigration Enforcement Review Board (Board) in which to conduct a hearing regarding a complaint filed with the Board pursuant to O.C.G.A. § 50-36-3. It is my official opinion that Georgia law imposes no specific time frame within which the Board must conduct a hearing on the merits of a complaint filed with the Board pursuant to O.C.G.A. § 50-36-3. BACKGROUND The Board was created by Act No. 252 (2011), which codified a new O.C.G.A. § 50-36-3. The Board is composed of seven members serving two year terms, with three members appointed by the Governor, two members appointed by the Lieutenant Governor, and two members appointed by the Speaker of the House. O.C.G.A. § 50-36-3(b). The Board exists to consider complaints filed against public agencies or employees who are alleged to have violated or otherwise failed to enforce the provisions of O.C.G.A. §§ 13-10-91, 36-80-23, or 50-36-1. O.C.G.A. § 50-36-3(d)-(i). Complaints may be filed with the Board by a Georgia resident, who is also a registered voter, against a public agency or employee. O.C.G.A. § 50-36-3(e). The Board is then charged with determining whether the public agency or employee has violated those statutory provisions and, if so, determining an appropriate sanction against the public agency or employee. O.C.G.A. § 50-36-3(f)-(i). http://law.ga.gov/print/opinion/2013-1 2013-1 4/22/2013

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most