2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 12 - Governor
Article 2 - Powers and Duties Generally
§ 45-12-23. Incapacity of Commissioner of Insurance
Whenever the Governor receives information, deemed by him to be reliable, that the Commissioner of Insurance, by reason of sickness or other providential cause, is unable to perform the duties of his office, the Governor shall call a council to be composed of himself, the Secretary of State, and an appointee of the Governor who is not the Attorney General; and, if such council, or a majority thereof, after investigation and examination into the truth of such report, shall, in writing duly signed, find that such officer is incapable of performing the duties of his office, the Governor, in case of incapacity of the Commissioner of Insurance, shall designate the chief clerk or other clerk then serving in the office of the Commissioner of Insurance to perform the duties of the Commissioner of Insurance during his incapacity. The person so designated to perform the duties of the Commissioner of Insurance shall give bond with good security in the penal sum of $5,000.00, payable, conditioned, and to be approved in the same manner as the bond required by law to be given by the Commissioner of Insurance. The person designated to perform the duties of the Commissioner of Insurance shall not receive any compensation in addition to that he was, or is, receiving as clerk, but any expense incurred in furnishing the bond required by this Code section and Code Section 45-12-24 shall be borne by the state. When the person designated under authority of this Code section and Code Section 45-12-24 shall have given the bond required and said bond has been approved as required, he shall be authorized to do everything, perform every act, and exercise every prerogative or discretion that the Commissioner of Insurance might do, perform, or exercise under existing law in the absence of his incapacity.
(Ga. L. 1937, p. 608, § 1; Ga. L. 1986, p. 855, § 23; Ga. L. 1988, p. 426, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Subordinate not authorized to vote where officer not incapacitated.
- No subordinate of the Comptroller General is authorized by Ga. L. 1937, p. 608, §§ 1 and 2 (see now O.C.G.A. §§ 45-12-23 and45-12-24) to attend meetings of the State Depository Board and cast the Comptroller General's vote on matters coming before the board, based upon the simple absence (as opposed to incapacity) of the Comptroller General. 1971 Op. Att'y Gen. No. 71-105.
RESEARCH REFERENCES
Am. Jur. 2d.
- 38 Am. Jur. 2d, Governor, §§ 5, 6, 8.
C.J.S.- 67 C.J.S., Officers, § 172. 81A C.J.S., States, § 183.
