40-16-5
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40-16-5.
(a)
Subject to approval by the board, the commissioner shall have the power to make
and publish reasonable rules and regulations not inconsistent with this title or
other laws or with the Constitution of this state or of the United States for
the administration of this chapter or any law which it is his or her duty to
administer.
(b)
The commissioner may prescribe forms as he or she deems necessary for the
administration and enforcement of this chapter or any law which it is his or her
duty to administer.
(c)
The authority granted to the commissioner pursuant to this Code section shall be
exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; provided, however, that regulations governing
commercial driver licensing may be adopted by administrative order referencing
compatible federal regulations or standards without compliance with the
procedural requirements of Chapter 13 of Title 50; provided, further, that such
compatible federal regulations or standards shall be maintained on file by the
department and made available for inspection and copying by the public, by means
including but limited to posting on the
department́s
computer Internet site.
(d)
Rules and regulations previously adopted which relate to functions performed by
the Department of Driver Services shall remain of full force and effect as rules
and regulations of the Department of Driver Services until amended, repealed, or
superseded by rules or regulations adopted by the commissioner of driver
services. The following rules and regulations shall remain of full force and
effect as rules and regulations of the referenced department until amended,
repealed, or superseded by rules or regulations adopted by the referenced
department:
(1)
All rules and regulations previously adopted which relate to functions
transferred under this chapter to the Department of Transportation from the
Department of Motor Vehicle Safety;
(2)
All rules and regulations previously adopted which relate to functions
transferred under this chapter to the Public Service Commission from the
Department of Motor Vehicle Safety;
(3)
All rules and regulations previously adopted which relate to functions
transferred under this chapter to the Department of Public Safety from the
Department of Motor Vehicle Safety;
(4)
All rules and regulations previously adopted which relate to functions
transferred under this chapter to the Department of Revenue from the Department
of Motor Vehicle Safety; and
(5)
All rules and regulations previously adopted which relate to functions
transferred under this chapter from the Department of Human Resources to the
Department of Driver Services.
(e)
All valid licenses, permits, certificates, and similar authorizations previously
issued by any department or agency with respect to any function transferred as
provided in this chapter shall continue in effect until the same expire by their
terms unless they are suspended, revoked, or otherwise made ineffective as
provided by law.