---
title: O.C.G.A. § 43-40-4. Office of commissioner; qualifications; restrictions; staff; oath; duties and powers; reimbursement.
collection: code
id: 43-40-4
cite_as: O.C.G.A. § 43-40-4 (2025)
canonical_url: https://georgiacommons.org/code/43-40-4
md_url: https://georgiacommons.org/code/43-40-4.md
text_url: https://georgiacommons.org/code/43-40-4/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t43-ch33-51-(v30a)-2021-pdf.pdf?sfvrsn=638c2417_0#page=424
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/43-40.md
previous: https://georgiacommons.org/code/43-40-3.1.md
next: https://georgiacommons.org/code/43-40-5.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 / REAL ESTATE BROKERS AND SALESPERSONS
---

# O.C.G.A. § 43-40-4. Office of commissioner; qualifications; restrictions; staff; oath; duties and powers; reimbursement.

(a) There is established within the commission the office of real estate commissioner.

(b) The commissioner shall be a full-time employee of the commission and shall serve as the chief executive officer of the commission. The commission shall in its discretion appoint the commissioner and fix his or her annual salary. Any person, in order to qualify for appointment to the office of commissioner, shall be a person of good moral character and shall possess such qualifications as the commission may require. The commissioner shall hold no interest in any real estate business or related business while serving as commissioner. The commissioner, with the approval of the commission, may employ and fix the compensation of a secretary, investigators, and other staff to assist the commissioner in his or her duties. Such employees shall not be placed in the classified service as defined by Code Section 45-20-2, provided that nothing in this chapter shall be construed to affect any employee in the classified service as of July 1, 1981.

(c) The commissioner shall take an oath to discharge faithfully the duties of his or her office.

(d) The commissioner shall be charged with the duties and powers as delegated by the commission.

(e) The commissioner shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his or her duties, the same as other state officers and employees, and shall receive payment of the same in the manner provided for members of the commission.

## History

Code 1933, § 84-1405, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1979, p. 1203, § 1; Ga. L. 1981, p. 1311, § 2; Ga. L. 1994, p. 97, § 43; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-65/HB 642.

## Cross References

Reimbursement of expenses for state officers and employees, § 45-7-20 et seq.

## Editor's Notes

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: ‘‘Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.’’ This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: ‘‘Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.’’