Ga. Comp. R. & Regs. R. 115-2-.10 - Recommendation of Board

(1) After investigation of the claim by the Board and consideration there of at a regularly scheduled meeting or hearing, the Board shall prepare a statement including its findings, its determination of the merits of the claim, its recommendation as to the payment thereof, and such other information as the Board deems advisable. Such statement shall be immediately transmitted to the chairman of the House Appropriations Committee, who shall present the same to the full committee.

(2) If the claimant is a state employee and the claim arises out of the performance of the claimant's duties, the Board, in its discretion, will recommend payment only for items that are shown by the claimant to be either required or deemed by the Board to be reasonably necessary for the performance of the claimant's duties and not used merely for convenience or esthetic value.

(3) The Board, in its discretion, will not recommend payment of any part of any claim which arises as a result of:

(a) The commission of an illegal act by the claimant; or

The violation by the claimant of an internal disciplinary rule or regulation promulgated by the department or agency against which the claim is filed, including, but not limited to:

1. rules relating to the prevention of violence or abuse or threats of violence or abuse against another person;

2. rules pertaining to safety, security and orderly operation;

3. rules relating to possession, manufacture or introduction of contraband;

4. rules relating to possession or acquisition of property by fraud or deception.

(4) The recommendations of the Board under this Chapter shall be advisory in nature only and shall not be binding on the House of Representatives, the Senate, or any committee of either.

(5) The Board shall make no recommendations after the fifteenth (15th) day of any regular session of the General Assembly.

(6) The Board shall make no recommendation regarding any claim which is the subject of pending litigation.

(7) The Board shall not approve any claim for, or on behalf of, any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.

(8) The Representative introducing the resolution shall be notified of the action taken by the Board on the claim and the recommendation made by the Board to the Appropriations committee. In the event the Representative is dissatisfied with the recommendation of the Board and has not previously appeared at the hearing, he shall be entitled to have the Board set a hearing by so requesting of the chairman in writing.

Notes

Ga. Comp. R. & Regs. R. 115-2-.10

O.C.G.A. Secs. 28-5-81, 28-5-82, 28-5-83, 28-5-84, 28-5-85.

Original Rule entitled "Recommendation of Board" adopted. Filed March 24, 1983; effective April 13, 1983. Amended: Filed July 30, 1984; effective August 19, 1984. Amended: Filed August 22, 1986; effective September 11, 1986. Amended: F. Sept. 14, 1989; eff. Oct. 4, 1989. Amended: F. July 28, 2000; eff. August 17, 2000.