2020 Georgia Code
Title 20 - Education
Chapter 3 - Postsecondary Education
Article 2 - Board of Regents and University System
Part 1 - Board of Regents
§ 20-3-31. General Powers
The board of regents shall have power:
- To make such reasonable rules and regulations as are necessary for the performance of its duties;
- To elect or appoint professors, educators, stewards, or any other officers necessary for all of the schools in the university system, as may be authorized by the General Assembly; to discontinue or remove them as the good of the system or any of its schools or institutions or stations may require; and to fix their compensations;
- To establish all such schools of learning or art as may be useful to the state and to organize them in the way most likely to attain the ends desired; and
- To exercise any power usually granted to such corporation, necessary to its usefulness, which is not in conflict with the Constitution and laws of this state.
(Ga. L. 1931, p. 7, § 61; Code 1933, § 32-121.)
Cross references.- Powers of board of regents as to construction, operation, and other requirements for dormitories for university system, § 8-3-17.
Restriction on power of members of board of regents to contract with state supported institutions, § 45-10-40 et seq.
Filing with Secretary of State of conveyances of property to or from board of regents, § 50-16-123.
JUDICIAL DECISIONS
Paragraph (4) of this section is not indefinite, uncertain, or unconstitutional. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948) (see O.C.G.A. § 20-3-31).
Obligation incurred by board is not state debt and is not affected by constitutional limitations upon state indebtedness. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
"Such corporation" refers to like corporations.
- Considering the history of this legislation, the phrase "such corporation" was not intended to designate the particular corporation, but should be understood as referring to like corporations; that is, the board of regents is to exercise any power usually granted corporations of like character. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
Regents may exercise usual powers of "such corporations".
- Limited only by their proper discretion and by the Constitution and law of this state, the Regents of the University System of Georgia may exercise any power usually granted to such corporations. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948).
Regents are untrammeled in their duties and powers except by restraints of law which are directly expressed or necessarily implied. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948).
While the University Board of Regents' Policy manual directed the member institutions to forward recommendations for new administrators and chaired professors to the board for approval, there was nothing in the manual that prevented the board from waiving this provision or from delegating the board's hiring authority to its member institutions. Board of Regents of the Univ. Sys. v. Doe, 278 Ga. App. 878, 630 S.E.2d 85 (2006).
Regents have duty of deciding what is necessary for the usefulness of the various institutions and a court of equity will not interfere with the regents' judgment unless it appears to be arbitrary and amounts to an abuse of discretion. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
Regents may enter into contract necessary for school institutions' usefulness.
- Although the state is the equitable and beneficial owner of all property now vested in the regents, who are the holders only of legal title, it does not follow that the regents may not enter into any contract which in the regents' reasonable discretion is necessary for the usefulness of school institutions, or may not incur liabilities in the regents' own name for that purpose. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
Regents authorized to buy land, construct buildings, and charge fees.
- Board of regents has authority to buy land for college purposes, to construct dormitories, gymnasia, and other necessary buildings, and to charge reasonable fees for the buildings' use. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
Regents may lease gymnasia to corporate athletic associations connected, respectively, with the institutions at which the buildings are located. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
Regents may charge reasonable student fees.
- There is no law, either constitutional or statutory, which prevents the board of regents from charging reasonable matriculation, laboratory, hospital, and athletic fees against students. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
Board of regents is vested with sufficient authority to issue bonds and to obtain loans. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
No abuse of discretion appears in a proposal to require students to occupy new buildings in preference to existing buildings in order that fees charged for the buildings' use may create an income to retire bonds issued for the purpose of raising funds with which to construct the buildings. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934).
Valid employment contract enforceable against state.
- Valid and authorized contract of employment between the state department having charge of the university system and a person for the position of instructor of one of the university's branches is enforceable against the state and should be performed by the state according to the contract's terms and provisions. Regents of Univ. Sys. v. Blanton, 49 Ga. App. 602, 176 S.E. 673 (1934).
Regents not enjoined from operating laundry service for those connected with school.
- Petition seeking to enjoin the regents from operating a laundry and dry-cleaning service at reduced prices in an educational institution for the benefit of students and persons connected with the school failed to set forth a cause of action. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948).
Cited in Williams v. McIntosh County, 179 Ga. 735, 177 S.E. 248 (1934); Marshall v. Georgia S.W. College, 489 F. Supp. 1322 (M.D. Ga. 1980).
OPINIONS OF THE ATTORNEY GENERAL
Authorized regulations resulting from proper action have force of law.
- When regulations pursuant to this section are the result of proper action and are based on a specific grant of authority, the regulations have the force and effect of state law. 1972 Op. Att'y Gen. No. 72-36.
Purchase of motor vehicle legal when used only for transporting students.- Purchase of a motor vehicle for the University of Georgia is legal if the vehicle is not to be used for the transportation of officers, officials, or employees of the state but only for transporting students carrying on lawful activities of the university. 1962 Op. Att'y Gen. p. 442.
Purchase with state funds of an automobile as an instrument carrier and field collections vehicle and to transport students on field trips in a course in plant sciences at the University of Georgia is authorized. 1962 Op. Att'y Gen. p. 443.
Regents may authorize units of university system to enter into tax-sheltered annuity plans for employees. 1965-66 Op. Att'y Gen. No. 65-69.
Regents may establish any form of compensation for employees.- There is no constitutional provision or statute which would preclude the board of regents from establishing a trust fund or any other form of compensation for its own employees for performing educational work beneficial to the state. 1968 Op. Att'y Gen. No. 68-284.
Establishment of tax deferred plans.- Board of regents may authorize institutions within the university system to establish tax deferred plans allowed by § 401(k) of the Internal Revenue Code or may enter into agreements establishing such plans for the benefit of employees at institutions within the university system. 1985 Op. Att'y Gen. No. 85-9.
Establishment of deferred compensation plans.- Board of regents may establish deferred compensation plans allowed by § 457 of the Internal Revenue Code. 1985 Op. Att'y Gen. No. 85-20.
Selling supplies to government installations not objectionable when enterprise university related.- Units in the University System of Georgia may operate incidental businesses, and this authority extends to such incidental enterprises being patronized by persons other than students and faculty members of the institution; selling supplies to federal and state installations is not objectionable so long as the primary purpose and justification for the enterprise is related to the operation of the university. 1970 Op. Att'y Gen. No. 70-27.
Board may purchase insurance policy to protect another in exchange for rights under agreement.- Board of regents may legally purchase a policy of public liability insurance to protect another party when the purchase is the consideration flowing in exchange for rights flowing to regents under an agreement. 1970 Op. Att'y Gen. No. 70-57.
Board has power to extend health service program to spouses of students and their dependents. 1972 Op. Att'y Gen. No. 72-120.
Board may expend "matching funds" to secure federal grants for carrying out research projects which fall within the scope of the board's authorized activities, specifically, economic research to consider means of alleviating the unemployment and other economic problems which may be anticipated as the result of national defense program adjustments and the closure of military bases within the State of Georgia. 1974 Op. Att'y Gen. No. 74-44.
Board has concurrent jurisdiction over charges of unlawful employment discrimination.- Georgia Office of Fair Employment Practices and the board of regents have concurrent jurisdiction over charges of unlawful employment discrimination in the university system. If either GOFEP or the board of regents renders a final administrative determination, the other agency is barred from reconsidering those issues considered in the earlier administrative proceeding, provided the same parties are involved in both proceedings. 1980 Op. Att'y Gen. No. 80-74. (But see 1983 Op. Att'y Gen. 83-35).
Board is subject to coverage of Fair Employment Practices Act, Ga. L. 1978, p. 859, § 25 (see now O.C.G.A. § 45-19-20 et seq.). 1980 Op. Att'y Gen. No. 80-74. (But see 1983 Op. Att'y Gen. 83-35).
Component university institutions may market agricultural products produced upon lands and premises utilized by the university. 1976 Op. Att'y Gen. No. U76-40.
Regents not empowered to waive sovereign immunity.- Judiciary of this state would find that the powers delegated to the regents do not include by clear implication the power to waive sovereign immunity by the contractual assumption of tort liability. 1965-66 Op. Att'y Gen. No. 66-261.
Board of regents may not spend state funds to contract with collection agency which will assume responsibility for the collection of national defense student loans. 1968 Op. Att'y Gen. No. 68-5.
Ability of board to issue revenue obligations.- Legal ability of the board of regents to incur debt by issuing revenue obligations is doubtful. 1988 Op. Att'y Gen. No. 88-21.
Payment to employees of board for unused annual leave when transferring.- Employees of the Board of Regents of the University System of Georgia may be paid for their unused annual leave when employees transfer from one member institution to another member institution provided that the policies of the board of regents are amended to authorize such a payment. 1990 Op. Att'y Gen. No. 90-23.
Board of regents may lease lands in return for the endowment of a research chair if the endowment is equal to the fair market value of the lease and the term of the lease is reasonable. 1995 Op. Att'y Gen. No. 95-25.
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Colleges and Universities, §§ 4, 9, 12 et seq.
C.J.S.- 14A C.J.S., Colleges and Universities, § 12 et seq.
ALR.- Right of student to hearing on charges before suspension or expulsion from educational institution, 58 A.L.R.2d 903.
Regulations as to fraternities and similar associations connected with educational institution, 10 A.L.R.3d 389.
