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Full-Text Articles in Law
Criminal Procedure Arrest Of Persons: Family Violence Provisions: Unmarried Cohabitation, Georgia State University Law Review
Criminal Procedure Arrest Of Persons: Family Violence Provisions: Unmarried Cohabitation, Georgia State University Law Review
Georgia State University Law Review
The Act allows a police officer to make an arrest without a warrant where there is probable cause to believe a criminal offense involving family violence has occurred between persons of the opposite sex living together in a meretricious relationship.
Criminal Procedure Malicious Or Unfounded Prosecution: Penalties Assessed By Magistrates, Georgia State University Law Review
Criminal Procedure Malicious Or Unfounded Prosecution: Penalties Assessed By Magistrates, Georgia State University Law Review
Georgia State University Law Review
The Act amends the criminal code to give magistrates at commitment hearings the discretion to assess costs against persons who instigate unfounded or malicious prosecutions.
Highways, Bridges, And Ferries Notice: Department Of Transportation: Contracts: One Bid Received, Georgia State University Law Review
Highways, Bridges, And Ferries Notice: Department Of Transportation: Contracts: One Bid Received, Georgia State University Law Review
Georgia State University Law Review
The Act expands bidding procedures to be followed by the Department of Transportation in accepting or rejecting bids from contractors for construction contracts under O.C.G.A. 32-2-69. In situations where only one bid is received for a particular contract, the Act allows the department to accept the bid, using the Department's cost estimate as a basis for accepting or negotiating the bid. The Department may negotiate a fair price with the sole bidder if the bid price exceeds the department's estimate. The Act also permits the Department to readvertise, perform the work, offer the job to the next lowest bidder or …
Insurance Group Health Insurance: Continued Coverage After Cancellation, Georgia State University Law Review
Insurance Group Health Insurance: Continued Coverage After Cancellation, Georgia State University Law Review
Georgia State University Law Review
The Act requires insurance companies to continue coverage under group accident and insurance policies for three months after cancellation, and provides conversion rights at the end of the three-month period. The Act also repeals requirements for notice of coverage termination under certain group accident and sickness policies.
Local Government Municipalities: Waiver Of Sovereign Immunity, Georgia State University Law Review
Local Government Municipalities: Waiver Of Sovereign Immunity, Georgia State University Law Review
Georgia State University Law Review
The Act declares the public policy of the State to be that municipal corporations are immune from liability for legislative or judicial actions. The purchase of liability insurance by the municipal corporation will not waive this immunity except as provided in O.C.G.A. 33-24-51, or unless the insurance policy covers the occurrence, and then only to the extent of the insurance policy coverage.
Professions Occupational Regulation: Review Commission, Georgia State University Law Review
Professions Occupational Regulation: Review Commission, Georgia State University Law Review
Georgia State University Law Review
The Act creates a council to review all proposed legislation on occupational licensing or certification. The Act specifies factors the council must consider in evaluating the need for regulation and information that may be required of any applicant group proposing the legislation.
Education Notice: Employee Termination Or Suspension: Due Process, Georgia State University Law Review
Education Notice: Employee Termination Or Suspension: Due Process, Georgia State University Law Review
Georgia State University Law Review
The Act amends O.C.G.A. 20-2-940 to require local school boards to give notice by certified mail when discharging or suspending contractual employees for any action where notice may also be given by personal service. The Act also amends O.C.G.A. 20-2-942 to require notice of intention to demote or not to renew a teacher's contract after the teacher has accepted four consecutive contracts. This notice must include a statement of the reasons for such demotion or nonrenewal and advise the employee of his or her right to a hearing. The time period to request a hearing is extended from fourteen to …
Evidence Hearsay: Sexually Abused Children, Georgia State University Law Review
Evidence Hearsay: Sexually Abused Children, Georgia State University Law Review
Georgia State University Law Review
The Act adds an exception to the hearsay rule to allow testimony of a third party concerning statements made by a sexually or physically abused child under age fourteen. The child must be available to testify and the court must find sufficient indications of the statement's reliability.
Health Notice: Day Care Centers/Personal Care Homes: Employee Record Checks, Georgia State University Law Review
Health Notice: Day Care Centers/Personal Care Homes: Employee Record Checks, Georgia State University Law Review
Georgia State University Law Review
The Act amends paragraph (14) of O.C.G.A. 31-7-250 and paragraph (16) of O.C.G.A. 49-5-60 by authorizing the Department of Human Resources to establish records search fees. Prior law set a twelve dollar ceiling for such fees.
Local Government Reorganization: General Assembly, Georgia State University Law Review
Local Government Reorganization: General Assembly, Georgia State University Law Review
Georgia State University Law Review
The Act authorizes the General Assembly to provide by local law for the repeal of the charter of a municipality as a part of achieving a governmental reorganization, with the county in which the municipality is located succeeding to the corporate powers, function, rights, assets and liabilities of the municipality.
Health Notice: Regulation And Construction Of Hospital, Georgia State University Law Review
Health Notice: Regulation And Construction Of Hospital, Georgia State University Law Review
Georgia State University Law Review
O.C.G.A. 31-7-75.1 provides that the proceeds from the sale of local public hospitals which are sold to &"for profit&" hospital corporations be placed in an irrevocable interest-bearing account to be used exclusively to pay for indigent medical care. If the amount in the fund is less than $100,000, the principal may be used for indigent care. O.C.G.A. 31-7-75.1(b) supplies a formula for determining equitable division of proceeds of sales involving more than one political subdivision. Pursuant to O.C.G.A. 31-7-75.1(c), indigency is determined using the formula provided by O.C.G.A. 31-8-43 (Supp. 1986). O.C.G.A. 37-7-75.1(d) proscribes local law allowing proceeds to be …
Domestic Relations Adoption: Surrender Of Parental Rights, Georgia State University Law Review
Domestic Relations Adoption: Surrender Of Parental Rights, Georgia State University Law Review
Georgia State University Law Review
The Act provides that the State shall recognize an irrevocable release or consent to adoption executed by a child's guardian in a foreign country where the guardian's appointment has been certified by the appropriate agency or court of that country.
Domestic Relations Child Custody Proceedings: Parental Agreements, Georgia State University Law Review
Domestic Relations Child Custody Proceedings: Parental Agreements, Georgia State University Law Review
Georgia State University Law Review
The Act requires courts to ratify a parental agreement concerning child custody unless the court finds it not to be in the child's best interest.
Domestic Relations Grandparents' Visitation Rights, Georgia State University Law Review
Domestic Relations Grandparents' Visitation Rights, Georgia State University Law Review
Georgia State University Law Review
The Act provides that whenever a grandparent or other blood relative petitions for adoption of a minor child, the petitioner must serve a copy of the petition upon any grandparent having visitation rights to the child. Such a grandparent may file objections to the petition for adoption. The Act specifically eliminates the right of grandparents to file an original pleading requesting visitation rights to a minor child when custody of the child has been granted in an adoption where all legal relationships between the child and his or her relatives have been terminated.
Education Notice: School Board Decisions On School Law: Notice And Appeal, Georgia State University Law Review
Education Notice: School Board Decisions On School Law: Notice And Appeal, Georgia State University Law Review
Georgia State University Law Review
O.C.G.A. 20-2-1160 provides that local school boards may sit as tribunals for decisions involving school law. The Act amends O.C.G.A. 20-2-1160 to provide that a local school board decision shall be binding only if the parties involved are notified in writing of the decision and of the parties' right to appeal to the State Board of Education, together with a clear description of the procedure and requirements for doing so. The Act further provides that the State Board of Education must also give notification in writing of the right to appeal its decision to a superior court together with a …
Health Human Resources: Final Order/Action: Amended Appeal Provisions, Georgia State University Law Review
Health Human Resources: Final Order/Action: Amended Appeal Provisions, Georgia State University Law Review
Georgia State University Law Review
The Act eliminates de novo review of Department of Human Resources actions by courts and restricts the scope of judicial review of that agency's decisions.
Health Notice: Operation Of Bathhouses, Georgia State University Law Review
Health Notice: Operation Of Bathhouses, Georgia State University Law Review
Georgia State University Law Review
The Act adds a new subsection (a) to O.C.G.A. 31-12-11 which prohibits the operation of bathhouses where illegal sexual activity is permitted by the owners, managers or employees. The Act further allows the Department of Human Resources and county relief to prevent its operation if illegal activity is being conducted on its premises. A misdemeanor penalty is provided for the operation of such illegal establishments.
Insurance Liability Insurers: Reporting Of Certain Information, Georgia State University Law Review
Insurance Liability Insurers: Reporting Of Certain Information, Georgia State University Law Review
Georgia State University Law Review
The Act establishes additional reporting requirements for insurance companies. Information detailing data on premiums, income, reserves, and net operational and underwriting gains or losses must be submitted to the Commissioner of Insurance.
Insurance Notice: Premium Finance Company: Insurance Cancellation Notice, Georgia State University Law Review
Insurance Notice: Premium Finance Company: Insurance Cancellation Notice, Georgia State University Law Review
Georgia State University Law Review
The Act amends O.C.G.A. 33-22-13(c) to provide delivery as an alternative to mailing when a premium finance company is notifying the insurer of an insured's default.
Local Government Notice: Disclosure Of Public Officials' Property Interest, Georgia State University Law Review
Local Government Notice: Disclosure Of Public Officials' Property Interest, Georgia State University Law Review
Georgia State University Law Review
The Act creates O.C.G.A. 36-67A-1--36-67A-4. O.C.G.A. 36-67A-1 and 36-67A-2 provide for disclosure by local government officials of property interests which the official, members of the official's family, or business entities in which the official is involved may have when the property is affected by proposed rezoning actions. O.C.G.A. 36-67A-3 mandates similar disclosure of gifts or campaign contributions in excess of $250 by applicants for rezoning. O.C.G.A. 36-67A-4 provides for misdemeanor punishment for violation of either provision.
Mental Health Treatment Of Mentally Ill Persons / Alcoholics / Drug Abusers: Outpatient / Inpatient Procedures, Georgia State University Law Review
Mental Health Treatment Of Mentally Ill Persons / Alcoholics / Drug Abusers: Outpatient / Inpatient Procedures, Georgia State University Law Review
Georgia State University Law Review
The Act extensively revises the criteria and procedures for inpatient and outpatient commitment of mentally ill persons, alcoholics, and drug abusers. It allows physicians at community mental health facilities and state hospitals to initiate outpatient treatment for persons not meeting the inpatient criteria but requiring regular treatment to avoid the need for hospitalization. It provides procedures to remove an outpatient who fails to comply with a treatment plan to a mental health facility for treatment before his or her condition requires hospitalization.
Penal Institutions First Offenders: Sentencing And Court Review, Georgia State University Law Review
Penal Institutions First Offenders: Sentencing And Court Review, Georgia State University Law Review
Georgia State University Law Review
The Act allows the court to enter an adjudication of guilt against a defendant who has been granted first offender status when it is subsequently discovered that the defendant was not a first offender. A first offender sentence will not be imposed until such time as the court has reviewed the defendant's criminal record on file with the Georgia Crime Information Center.