2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 3 - Administration
§ 34-8-70. (See Editor's notes.) Duties and Powers of Commissioner

1. It shall be the duty of the Commissioner to administer this chapter.
2. The Commissioner shall have power and authority to adopt, amend, or rescind such rules and regulations and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to that end, and such rules and regulations shall be effective upon publication in the manner, not inconsistent with this chapter, which the Commissioner shall prescribe.
3. The Commissioner shall determine methods of organization and procedure in accordance with this chapter and shall have an official seal, which shall be judicially noticed.
4. Not later than February 1 of each year, the Commissioner shall submit to the Governor a report covering the administration and operation of this chapter during the preceding fiscal year and shall make such recommendations for amendments to this chapter as deemed proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in the future years to pay benefits in excess of the then current contributions, which reserve shall be established by the Commissioner in accordance with accepted actuarial principles on the basis of statistics regarding employment, business activity, and other relevant factors for the longest possible period.
5. Whenever the Commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, the Commissioner shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto.
6. The Commissioner shall fully cooperate with the agencies of other states and shall make every proper effort to oppose and prevent any further action which would in the Commissioner's judgment tend to effect complete or substantial federalization of state unemployment compensation funds or state employment security programs. In addition, the Commissioner may make and may cooperate with other appropriate agencies in making studies as to the practicality and probable cost of possible new state administered social security programs and the relative desirability of state, rather than federal, action in any such field.
7. The Commissioner is authorized to enter into such cooperative agreements or contracts with appropriate officials in other states or with the United States secretary of labor for the purpose of the reciprocal collection of overpayments or delinquent contributions, penalties, interest, and costs or for such other purposes as reasonably relate to the discharge of the Commissioner's responsibilities under this chapter.
8. Notwithstanding any other provision of this chapter, the Commissioner may recover an overpayment of benefits paid to any individual under this state or another state's unemployment benefit law or under an unemployment benefit program of the United States.
9. 1. Notwithstanding any other provision of law, the Commissioner shall have the authority to adopt emergency rules when a state-wide emergency declared by the Governor is in effect and the General Assembly is not in session. Such rules may temporarily:
      1. Modify the maximum benefit amount for regular state benefits, not to exceed 26 times the weekly benefit amount;
      2. Suspend unemployment insurance tax filing and payment deadlines and penalties;
      3. Waive charges to employers for benefits paid;
      4. Expedite the processing of claims; and
      5. Waive work search reporting requirements, except when such waiver would create a conformity issue with federal law.
   2. Any emergency rule adopted by the Commissioner pursuant to this subsection shall expire the earlier of:
      1. A date specified by the Commissioner not to exceed 120 days from the date of the adoption of such emergency rule; or
      2. The date on which the state-wide emergency ends as declared by the Governor.
   3. Any emergency rule adopted pursuant to this subsection shall be published on the website of the department and submitted as promptly as reasonably practicable to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chairpersons of the House Committee on Industry and Labor and the Senate Insurance and Labor Committee.
   4. Any rule promulgated under this Code section shall not supersede an executive order of the Governor.

(Code 1981, §34-8-70, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34; Ga. L. 2020, p. 31, § 3/SB 408; Ga. L. 2020, p. 818, § 2-2/HB 1090; Ga. L. 2021, p. 754, § 2/HB 532.)

The 2020 amendments. The first 2020 amendment, effective June 29, 2020, added subsection (i). The second 2020 amendment, effective August 5, 2020, made identical changes except that "chairpersons" appeared in lieu of "chairs" in paragraph (i)(3). See the Code Commission note regarding the effect of these amendments.

The 2021 amendment, effective July 1, 2021, added ", except when such waiver would create a conformity issue with federal law" at the end of subparagraph (i)(1)(E).

- Additional compensation of Commissioner for administering chapter, § 45-7-4(a)(9).

- Pursuant to Code Section 28-9-5, in 2020, the amendment of paragraph (i)(3) of this Code section by Ga. L. 2020, p. 31, § 3/SB 408, was treated as impliedly repealed and superseded by Ga. L. 2020, p. 818, § 2-2/HB1090, due to irreconcilable conflict.

For application of this statute in 2020, see Executive Order 03.26.20.01.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 are included in the annotations for this Code section.

- Under the Administrative Procedure Act the adoption of "[r]ules relating to . . . benefits by the state or of an agency" is expressly exempted by O.C.G.A. § 50-13-2(6)(I) from the strict rulemaking procedural requirements of O.C.G.A. § 50-13-4. This includes the promulgation of policies determining eligibility for entitlement and rules for granting unemployment benefits. Caldwell v. Amoco Fabrics Co., 165 Ga. App. 674, 302 S.E.2d 596 (1983) (decided under Ga. L. 1937, p. 806).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8, 241 et seq. 76 Am. Jur. 2d, Unemployment Compensation, § 7.

- 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81 C.J.S., Social Security and Public Welfare, §§ 285, 286, 288 et seq.

81A C.J.S., Social Security and Public Welfare, § 484 et seq.