Title 36, Chapter 82, Section 183
( 36-82-183)
The department shall administer, operate, and manage the system.
Action taken by the department, however, shall not constitute an
opinion of the department on any legal matters with respect to the
federal or state tax treatment of any bonds. Without limiting the
generality of the department's power and authority to administer,
operate, and manage the system, the department shall make such
determinations and decisions, promulgate such rules, require the use
of such forms, establish such procedures, and otherwise administer,
operate, and manage the system in such respects as may be, in the
department's determination, necessary, desirable, or incident to its
responsibilities as the administrator, operator, and manager of the
system. The General Assembly recognizes and acknowledges that the
department will encounter situations which have not been foreseen or
provided for in this article and expressly delegates to the
department the power and authority to administer, operate, and
manage the system in all situations and circumstances, both foreseen
and unforeseen, including, without limiting the generality of the
foregoing, the power and authority to control and establish
procedures for controlling any misuse or abuses of the system and
the power and authority to resolve conflicts or inconsistencies, if
any, in this article or which may arise in administering, operating,
or managing the system pursuant to this article. Any decision which
the commissioner or the department makes, and any action or inaction
by the commissioner or the department, in administering, managing,
and operating the system shall be final and conclusive and shall not
be subject to any review, whether judicial, administrative, or
otherwise, and shall not be covered by, subject to, or required to
comply with or satisfy any provisions of Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act." The system depends upon the
truthfulness of representations made and information submitted in or
accompanying applications. The department may use all of the power
and authority granted in this article, and such other power or
authority as the commissioner may deem necessary or appropriate, in
order to take action against those who fail to comply with any of
the provisions of this article or who fail to display the
truthfulness, which shall include the completeness necessary to
avoid untruthfulness by omission, which the commissioner deems
necessary for the system. Without limiting the generality of this
article, the General Assembly expressly delegates to the department
the power and authority to control, permit to be used, or refuse to
permit to be used any allocation which would reduce the state
ceiling under Section 146(m) of the Federal Code, dealing with the
private activity portion of governmental use bonds; and the
department, to accomplish this end, may impose requirements upon any
issuer, including any other agency or department of the state or any
county or municipality or agency, department, or authority of a
county or municipality within the state. |