Ga. Comp. R. & Regs. R. 291-1-.02 - Definitions

The following definitions shall apply generally to all rules and regulations of the Immigration Enforcement Review Board.

(1) "Chairperson" shall mean the chairperson of the IERB.

(2) "Complainant" shall mean a person filing a complaint with the IERB.

(3) "Complaint" shall mean a formal notice, received in a manner proscribed by the IERB, in which a complainant alleges that a public agency or employee violated or failed to enforce an eligibility status provision.

(4) "Department" or "Department of Audits and Accounts" shall mean the Department of Audits and Accounts for the State of Georgia.

(5) "Eligibility status provision" shall mean one or more of the following code sections: O.C.G.A. §§ 13-10-91, 36-80-23, and 50-36-1.

(6) "Final decision" shall mean an order of the IERB that has become final due to:

a. a failure to appeal an initial decision dismissing a complaint;

b. a failure to appeal a recommendation of sanctions; or

c. issuance of the order by the full membership of the IERB.

(7) "Immigration Enforcement Review Board" or "IERB" or "Board" shall mean the Immigration Enforcement Review Board.

(8) "Initial hearing" shall mean a hearing held by a review panel at which evidence is taken to determine if there has been a violation of or failure to enforce an eligibility status provision by a public agency or employee.

(9) "Initial review" shall mean an assessment of a complaint by a review panel to determine if a complaint falls within the purview of the IERB and requires a hearing by the review panel.

(10) "Public agency or employee" shall have the meaning as that term is defined in O.C.G.A. § 50-36-3.

(11) "Recommendation of sanctions" shall mean an order issued by a review panel of the IERB, after a finding of a knowing and willful violation or failure to enforce an eligibility status provision, ordering one or more of the following:

a. removal from the list of qualified local governments under Chapter 8 of Title 50 of the Georgia Code;

b. loss of appropriated state funds; and

c. a monetary fine of not less than $1,000.00 nor more than $5,000.00.

(12) "Remedial action" shall mean any action deemed necessary by an initial decision of a review panel to correct or ameliorate a violation of or failure to enforce an eligibility status provision.

(13) "Review panel" shall mean a panel comprised of either the full IERB or a panel consisting of two or more members of the IERB conducting reviews and hearings on complaints received by the IERB.

(14) "Sanction hearing" shall mean a hearing by the review panel after an initial decision finding a violation of or failure to enforce an eligibility status provision in which the review panel determines whether to issue an order imposing sanctions against the public agency or employee.

(15) "Sanction response" shall mean the response filed by a public agency or employee, after an initial decision finding a violation of or failure to enforce an eligibility status provision, identifying remedial action undertaken and argument as to why sanctions should not be imposed.

(16) "Served" or "service" shall have the meaning as that term is defined in O.C.G.A. § 50-36-3.

(17) "Vice-chairperson" shall mean the vice-chairperson of the IERB.

Notes

Ga. Comp. R. & Regs. R. 291-1-.02

O.C.G.A. § 50-36-3, enacted by 2011 Ga. Laws 794, 814.

New Rule entitled "Definitions" adopted. F. Jan. 20, 2012; eff. Feb. 9, 2012.