Title 10, Chapter 1, Section 395
( 10-1-395)
(a) The administrator shall be appointed by the Governor and shall
serve at his pleasure. The office of the administrator shall be
attached to the office of the Governor for administrative purposes
only. The administrator shall perform all functions formerly
performed by the Consumer Services Unit of the Division of Special
Programs of the Department of Human Resources. (b)(1) A Consumer Advisory Board is created whose duty it shall be
to advise and make recommendations to the administrator. The board
shall consist of 15 members with the administrator or his designee
to serve as the ex officio member. The members of this board shall
be appointed by the Governor; however, the Attorney General shall
not be an appointee. One member shall be appointed from each
congressional district and the remaining members shall be
appointed from the state at large. At least four members shall be
attorneys representing consumers' interests and two of these
consumers' attorneys shall represent Georgia Indigent Legal
Services or any other legal aid society. At least four members
shall be representatives of the business community, two of which
are recommended by the Georgia Retail Association and two
recommended for appointment by the Business Council of Georgia,
Inc. (2)(A) On and after July 1, 1983, the Consumer Advisory Board
shall consist of 15 members who shall be appointed by the
Governor as provided in this paragraph. The initial terms of
those members other than the ex officio member shall be as
follows: five members shall be appointed to serve for a term
ending July 1, 1984; five members shall be appointed to serve
for a term ending July 1, 1985; and five members shall be
appointed for a term ending July 1, 1986. Thereafter, all
members appointed to the board by the Governor shall be
appointed for terms of three years and until their successors
are appointed and qualified. In the event of a vacancy during
the term of any member by reason of death, resignation, or
otherwise, the appointment of a successor by the Governor shall
be for the remainder of the unexpired term of such member. (B) The first members appointed under this paragraph shall be
appointed for terms which begin July 1, 1983. The members of
the Consumer Advisory Board serving on April 1, 1983, shall
remain in office until June 30, 1983, and until their successors
are appointed. (3) The board shall elect its chairman and shall meet not less
than once every four calendar months at a time and place specified
in writing by the administrator. The board may also meet from time
to time upon its own motion as deemed necessary by a majority of
the members thereof for the purpose of conducting routine or
special business. Each member of the board shall serve without pay
but shall receive standard state per diem for expenses and receive
standard travel allowance while attending meetings and while in
the discharge of his responsibilities. (4) The board shall assist the administrator in an advisory
capacity in carrying out the duties and functions of the office
concerning:
(A) Policy matters relating to consumer interests; and (B) The effectiveness of the state consumer programs and
operations. (5) The board shall make recommendations concerning: (A) The improvement of state consumer programs and operations; (B) The elimination of duplication of effort; (C) The coordination of state consumer programs and operations
with other local and private programs related to consumer
interests; (D) Legislation needed in the area of consumer protection; and (E) Avoidance of unnecessary burdens on business, if any,
resulting from the administration of this part. (6) The board shall make a written report to the Governor not less
frequently than at the end of each calendar year on its activities
and the administration of this part, with such recommendations for
changes, if any, as the board deems proper. (c) The administrator shall receive all complaints under this part.
He shall refer all complaints or inquiries concerning conduct
specifically approved or prohibited by the Department of
Agriculture, Commissioner of Insurance, Public Service Commission,
Department of Natural Resources, Department of Banking and Finance,
or other appropriate agency or official of this state to that agency
or official for initial investigation and corrective action other
than litigation. (d) Any official of this state receiving a complaint or inquiry as
provided in subsection (c) of this Code section shall advise the
administrator of his action with respect to the complaint or
inquiry. (e) All officials and agencies of this state having responsibility
under this part are authorized and directed to consult and assist
one another in maintaining compliance with this part. (f) In the event a person holding a professional license as defined
in Chapter 4 of Title 26 or in Title 43 shall be determined by the
administrator to be operating a business or profession
intentionally, persistently, and notoriously in a manner contrary to
this part, the Secretary of State, at the instruction of the
administrator, shall begin proceedings to revoke such professional
license. (g) The administrator shall not be authorized to exercise any powers
granted in this part against a person regulated by an agency or
department listed in subsection (c), subsection (d), or subsection
(e) of this Code section with regard to conduct specifically
approved or prohibited by such agency or department if such agency
or department certifies to the administrator that the exercise of
such powers would not be in the public interest. (h) On December 31 of each year the administrator shall make a
written report to the Governor summarizing the types and numbers of
complaints received and the dispositions concerning these complaints
by his office. (i) Nothing contained in this part shall be construed as repealing,
limiting, or otherwise affecting the existing powers of the various
regulatory agencies of the State of Georgia except that all agencies
of this state, in making determinations as to whether actions or
proposed actions of persons subject to their jurisdiction and
control are in the public interest, shall consider the situation in
the light of the policies expressed by this part. |