---
title: O.C.G.A. § 43-28-5. Division director as secretary of board; subpoenas; service; official records or affidavits as prima-facie evidence.
collection: code
id: 43-28-5
cite_as: O.C.G.A. § 43-28-5 (2025)
canonical_url: https://georgiacommons.org/code/43-28-5
md_url: https://georgiacommons.org/code/43-28-5.md
text_url: https://georgiacommons.org/code/43-28-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t43-ch1-32-(v30)-2022-pdf.pdf?sfvrsn=921d056f_0#page=882
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/43-28.md
previous: https://georgiacommons.org/code/43-28-4.md
next: https://georgiacommons.org/code/43-28-6.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROFESSIONS AND BUSINESSES / OCCUPATIONAL THERAPISTS / GEORGIA OCCUPATIONAL THERAPY PRACTICE
---

# O.C.G.A. § 43-28-5. Division director as secretary of board; subpoenas; service; official records or affidavits as prima-facie evidence.

(a) The division director shall be secretary of the board and in addition to his or her powers and duties prescribed by Chapter 1 of this title shall perform such other administrative duties as may be prescribed by the board.

(b) In a contested case, the division director on behalf of the board shall have the power to subpoena throughout the state witnesses, designated documents, papers, books, accounts, letters, photographs, and objects or other tangible things.

(c) All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office.

(d) All official records of the board or affidavits by the division director certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein.

(e) The division director, guided by the recommendations of the board, shall act in all matters relating to this article.

## History

Ga. L. 1976, p. 993, § 8; Ga. L. 2000, p. 1706, § 19; Ga. L. 2019, p. 745, § 1/HB 253; Ga. L. 2021, p. 710, § 4/HB 268.

The 2021 amendment, effective July 1, 2021, substituted “this article” for “this chapter” at the end of subsection (e).

## Law Reviews

For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).