2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 40 - Real Estate Brokers and Salespersons
§ 43-40-2. Creation of Commission; Members; Meetings; Recusal for Conflict of Interest; Removal; Compensation; Annual Report; Budget Unit

1. There is created the Georgia Real Estate Commission, which shall be composed of six members, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of five years. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. Five of the members shall be licensees who shall have been residents of this state and actively engaged in the real estate business for five years. The sixth member of the commission shall have no connection with the real estate industry whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns.
2. Members of the commission shall serve until their successors are appointed and qualified. Vacancies on the commission shall be filled by appointment of a successor for the unexpired term of office by the Governor. Four members shall constitute a quorum for the transaction of any business of the commission. The commission shall organize by selecting from its members a chairperson and may do all things necessary and convenient to carry this chapter into effect. The commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairperson thereof shall deem it necessary to give full consideration to the business before the commission. Members of the commission or others may be designated by the chairperson of the commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the commission in the advancement of the profession and the standards of the real estate business.
3. A member of the commission shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the commission's initiating a contested case under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," against a member, such member shall be recused from voting on such matter and may not discuss such matter with other commission members or be present when the commission discusses or votes on such matter.
4. The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:
   1. Inability to perform or neglecting to perform the duties required of members;
   2. Incompetence;
   3. Dishonest conduct; or
   4. Having a disciplinary sanction, other than a citation or a letter of findings authorized by this chapter, imposed by any professional licensing agency on such member's right to practice a trade or profession.
5. The commission is authorized to pass rules and regulations, not inconsistent with this chapter, relating to the professional conduct of licensees and the administration of this chapter.
6. Each member of the commission shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of his or her official duties.
7. The commission, through its chairperson, shall file a written report with the Governor and a copy thereof with both houses of the General Assembly on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of all actions taken by the commission, a financial report of income and disbursements, staff personnel, and number of persons licensed by the commission. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The commission shall also outline a program of education and research for each ensuing year, for which a line appropriation shall be requested.
8. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act"; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State.

(Ga. L. 1925, p. 325, §§ 3, 17; Ga. L. 1929, p. 316, § 31; Code 1933, § 84-1404; Ga. L. 1941, p. 342, § 1; Ga. L. 1949, p. 943, § 1; Ga. L. 1968, p. 277, § 1; Ga. L. 1972, p. 1083, § 1; Code 1933, § 84-1405, enacted by Ga. L. 1973, p. 100, § 1; Code 1933, § 84-1426, enacted by Ga. L. 1977, p. 880, § 5; Ga. L. 1978, p. 953, § 1; Ga. L. 1981, p. 1311, § 1; Ga. L. 1985, p. 360, § 2; Ga. L. 2000, p. 1706, § 17; Ga. L. 2006, p. 792, § 4/SB 547; Ga. L. 2012, p. 1099, § 7/SB 365.)

- Cooperation between Georgia and other states generally, T. 28, C. 6.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Real Estate Commission, Chapter 520-1 et seq.

JUDICIAL DECISIONS

Commission's rule-making power applies to approving real estate courses.

- Rule-making power of Real Estate Commission is to pass rules and regulations relating to administration of (but not inconsistent with) the Commission's approval of courses of study of real estate. Georgia Real Estate Comm'n v. Accelerated Courses in Real Estate, Inc., 234 Ga. 30, 214 S.E.2d 495 (1975).

Cited in Georgia Real Estate Comm'n v. Warren, 152 Ga. App. 283, 262 S.E.2d 570 (1979).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 84-14 are included in the annotations for this Code section.

Commission may investigate licensees although such investigation may result in a contested case to be both heard and judged by commission. 1972 Op. Att'y Gen. No. U72-1 (decided under former Code 1933, Ch. 84-14, as it read prior to revision by Ga. L. 1973, p. 100).

- More than one commission member, when designated by commission, may be compensated for attending interstate meetings. 1945-47 Op. Att'y Gen. p. 513 (decided under former Code 1933, Ch. 84-14, as it read prior to revision by Ga. L. 1973, p. 100).

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Brokers, § 9 et seq.