Title 42, Chapter 9, Section 13
( 42-9-13)
(a) Whenever the Governor has personal knowledge or receives information deemed by him to be reliable that a member of the board who has been determined to be incapacitated to perform the duties of his office has overcome his incapacity, that his incapacity has been removed, or that his incapacity has ceased, the Governor shall call the council that previously examined the member of the board who was found to be incapacitated to perform the duties of his office or shall call a council comprised of the persons set forth in Code Section 42-9-12. Whenever the council has knowledge or receives information deemed by the members to be reliable that the member of the board who has been determined to be incapacitated to perform the duties of his office has overcome his incapacity, that his incapacity has been removed, or that his incapacity has ceased, the members may call themselves into session for the purpose of ascertaining whether or not the member of the board is in fact able to resume the performance of the duties of his office. (b) If the Governor calls the council, he shall inform the council
of the information that has caused him to believe that the person is
able to resume the performance of the duties of his office. If the
council or a majority thereof, after full investigation and
examination into the truth of the information furnished by the
Governor or otherwise given to the council, shall, in writing duly
signed, find that the incapacity of the member has ceased and that
the member is capable of assuming the performance of the duties of
his office, the Governor shall execute an executive order relating
such facts. The member shall thereafter assume and perform the
duties of his office and the term of the member of the board
appointed to perform the duties of the previously incapacitated
member shall terminate. |