Ga. Comp. R. & Regs. R. 291-2-.01 - Filing of Complaints

(1) Any legal resident of the State of Georgia, as that term is defined in O.C.G.A. § 40-2-1, who is also a legally registered voter, may file a complaint with the IERB. Complaints filed by an individual who is not a legal resident of the State of Georgia or who is not a legally registered voter shall not be considered by the IERB.

(2) Complaints shall be made on the form promulgated by the IERB and in the manner proscribed by the IERB. Complaint forms shall be posted on the website for the Department of Audits and Accounts. Complaints received on forms not promulgated by the IERB shall not be considered by the IERB. Complaints received in a manner other than through the methods adopted by the IERB shall not be considered by the IERB.

(3) Complaints must contain the following:

(a) the name of the public agency or employee who is alleged to have violated or failed to enforce the eligibility status provision;

(b) the city or county in which the public agency or employee allegedly committed the violation or failure to enforce;

(c) sufficient facts concerning the alleged violation of failure to enforce the eligibility status provision, including a date or range of dates in which this violation or failure to enforce allegedly occurred, to determine if a prima facie case exists for finding a violation or failure to enforce;

(d) the name, address, and telephone number of the complainant; and

(e) an attestation by the complainant that the complainant is both a legal resident of the State of Georgia as well as a legally registered voter and that the contents of the complaint as stated by the complainant are true.

(4) Complaints shall be mailed to the IERB at the following address:

Immigration Enforcement Review Board

270 Washington Street, SW

Room 1-156

Atlanta, GA 30334.

(5) The complaint form used by the IERB shall contain areas for the complainant to provide the following information:

(a) the name of the public agency or employee who is alleged to have violated or failed to enforce the eligibility status provision;

(b) the address and telephone number of the public agency or employee;

(c) the city or county in which the public agency or employee allegedly committed the violation or failure to enforce;

(d) which of the eligibility status provisions it is alleged that the public agency or employee violated or failed to enforce;

(e) a narrative describing sufficient facts concerning the alleged violation of failure to enforce the eligibility status provision to determine if a prima facie case exists for finding a violation or failure to enforce;

(f) a date or range of dates on which the public agency or employee allegedly committed the violation or failure to enforce;

(g) the name, address, and telephone number of the complainant; and

(h) an attestation by the complainant that the complainant is both a legal resident of the State of Georgia as well as a legally registered voter and that the contents of the complaint as stated by the complainant are true.

Notes

Ga. Comp. R. & Regs. R. 291-2-.01

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

New Rule entitled "Filing of Complaints" adopted. F. Jan. 20, 2012; eff. Feb. 9, 2012.