2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 12 - Governor
Article 3 - Appointments and Vacancies
§ 45-12-54. Appointments to Boards, Commissions, and Bureaus Subject to Senate Confirmation
All appointments made by the Governor to boards, commissions, and bureaus created and established by the laws of this state shall be made subject to confirmation by the Senate. It shall be the duty of the Governor to submit to the Senate the names of all such appointees appointed prior to the convening of the General Assembly or during the session, either regular or special, of the General Assembly. Unless such appointees are confirmed by the Senate, they shall cease to hold the office to which they have been appointed, and the name of another appointee to fill such office shall be immediately submitted by the Governor to the Senate.
(Ga. L. 1943, p. 208, § 1.)
Law reviews.- For article, "The Status of Administrative Agencies under the Georgia Constitution," see 40 Ga. L. Rev. 1109 (2006).
OPINIONS OF THE ATTORNEY GENERAL
Ga. L. 1943, p. 208, § 1 (see now O.C.G.A. § 45-12-54) has not repealed nor superseded former Code 1933, § 40-302 (see now O.C.G.A. § 45-12-52), and the two statutes should be construed, when possible, so as to make both stand and give effect to each. 1960-61 Op. Att'y Gen. p. 452.
This section only applies to appointments to boards, commissions, and bureaus created by the General Assembly; when the Constitution has provided the method of filling offices, the legislature may not provide for filling the offices in any other manner than that directed by the Constitution. 1945-47 Op. Att'y Gen. p. 64.
Failure to confirm appointment.- A person appointed by the Governor to the Georgia State Board of Dental Examiners ceases to hold office when the next session of the General Assembly adjourns sine die without the Senate having confirmed the appointment. 1945-47 Op. Att'y Gen. p. 489.
Construction of statutory provisions.
- In the enactment of O.C.G.A. §§ 45-12-53 and45-12-54, the General Assembly intended that gubernatorial appointments to statutory offices are not subject to senatorial confirmation unless: (1) that requirement is specifically included with the statutory power of appointment; or (2) the appointment is to a "board," a "commission," or a "bureau" that is created or established by law. 2003 Op. Att'y Gen. No. 2003-5.
Recommended appointees.
- Gubernatorial appointments that are made based upon recommendations to the Governor of appointees by other entities are subject to the Senate confirmation requirement of O.C.G.A. § 45-12-54. 2003 Op. Att'y Gen. No. 2003-5.
State authorities.- State authorities are not generally subject to the confirmation requirement. 2003 Op. Att'y Gen. No. 2003-5.
In the rare circumstance when the General Assembly has chosen to create by statute both an authority and a separate governing "board," then appointments to those boards would be subject to the Senate confirmation requirement of O.C.G.A. § 45-12-54. 2003 Op. Att'y Gen. No. 2003-5.
O.C.G.A. § 45-12-54 clearly anticipates that anything less than a Senate confirmation of gubernatorial appointees (even when the Senate never voted on confirmation) results not only in the immediate end to the appointee's term of office, but also mandates that some other names will be submitted. 2003 Op. Att'y Gen. No. 2003-5.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 98.
C.J.S.- 67 C.J.S., Officers, §§ 47, 55. 81A C.J.S., States, § 172.
ALR.
- Reconsideration of appointment, or confirmation of appointment, to office, 89 A.L.R. 132.
