GA - GAC
Rules and Regulations of the State of Georgia
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Chapter 291-1 Organization of the Board

Rule 291-1-.01 Organization

(1) The Immigration Enforcement Review Board ("IERB") is a regulatory agency entrusted with the task of reviewing compliance by a public agency or employee with an eligibility status provision of Georgia law.
(2) The mailing address of the IERB is:

Immigration Enforcement Review Board

270 Washington Street, SW

Room 1-156

Atlanta, GA 30334.

(3) All legal notices as well as all other notices and correspondence shall be directed to the IERB at the address of:

Immigration Enforcement Review Board

270 Washington Street, SW

Room 1-156

Atlanta, GA 30334

except for complaints regarding non-compliance with an eligibility status provision by a public agency or employee which will be governed by the rules applicable to making such complaints.

(4) A record shall be kept of all actions of the IERB, including all actions of any review panel of the IERB. Copies of the official minutes, along with all initial and final decisions of the IERB or a review panel of the IERB, shall be maintained by the vice-chairperson.
(5) The IERB shall meet at the call of the chairperson or at a date and time set by a majority vote of the IERB.

Rule 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.

Rule 291-1-.03 Officers

(1) There shall be a chairperson of the IERB selected from among the members of the IERB, elected by a majority vote of the members of the IERB. After the initial organization of the IERB and election of a chairperson, subsequent elections of a chairperson for the IERB shall be made at the first quarterly meeting of the IERB in the year immediately following a statewide general election. Should a vacancy occur in the office of the chairperson of the IERB, the vice-chairperson of the IERB shall assume the office of the chairperson of the IERB until the next quarterly meeting of the IERB, at which time the members of the IERB shall elect a chairperson to serve until the first quarterly meeting of the IERB in the year immediately following a statewide general election. A chairperson of the IERB can stand for re-election as chairperson of the IERB.
(2) There shall be a vice-chairperson of the IERB selected from among the members of the IERB, elected by a majority vote of the members of the IERB. After the initial organization of the IERB and election of a vice-chairperson, subsequent elections of a vice-chairperson for the IERB shall be made at the first quarterly meeting of the IERB in the year immediately following a statewide general election. Should a vacancy occur in the office of the vice-chairperson of the IERB, an election will be held at the next quarterly meeting of the IERB at which a vice-chairperson will be elected from among the members of the IERB to serve until the first quarterly meeting of the IERB in the year immediately following a statewide general election. A vice-chairperson of the IERB can stand for re-election as vice-chairperson of the IERB.
(3) The powers and duties of the chairperson of the IERB shall be as follows:
(a) Preside at all meetings of the IERB and conduct said meetings in an orderly and impartial manner so as to permit a free and full discussion by the membership of such matters as may be before the Board;
(b) Have the same voting rights as any regular member;
(c) Establish and appoint any committees or task forces or review panel as may be deemed necessary by the chairperson or the IERB;
(d) Select and so designate the Chair and members of each committee or task force or review panel;
(e) Appoint someone to perform the duties of the vice-chairperson of the IERB for a meeting at which the vice-chairperson is unable to perform the duties of the vice-chairperson;
(f) Advise the Governor and the General Assembly on behalf of the IERB of the status of the IERB's efforts and endeavors; and
(g) Perform such other duties as the Governor, the General Assembly, or the Board may delegate to the chairperson of the IERB.
(4) The powers and duties of the vice-chairperson of the IERB shall be as follows:
(a) Perform all duties of the chairperson in the absence of the chairperson, or in the event of the inability of the chairperson to act;
(b) Have the same voting rights as any regular member; and
(c) Keep and maintain the official record of all actions taken by the IERB, including minutes of any meetings of the IERB.