Chapter 291-1 Organization of the Board
| (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. |
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. |
| (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. |
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