§ 20-3-250.4. Nonpublic Postsecondary Education Commission; membership

(a) There is established the Nonpublic Postsecondary Education Commission whose members shall be as provided for pursuant to subsections (b) and (b.1) of this Code section and who shall be appointed by the Governor and confirmed by the Senate. Members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified, except as provided otherwise in this Code section. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms.

(b) At least one member of the commission shall be appointed to represent degree-granting nonpublic postsecondary educational institutions, at least one member  shall be appointed to represent nonpublic postsecondary educational institutions which grant certificates only, and at least one member shall be appointed to represent exempt education and postsecondary educational institutions as provided in subsection (a) of Code Section 20-3-250.3. The remaining members shall not be employed by or otherwise represent or have an interest in any nonpublic postsecondary educational institution.

(b.1)(1) Members serving a term of appointment which ended prior to or ends on July 1, 2018, shall complete their term of service on July 1, 2018. (2) After the occurrence of paragraph (1) of this subsection, the commission shall consist of 11 members who shall be appointed pursuant to the requirements of this Code section.

(c) The commission shall elect from its members a chairperson, a vice chairperson, and such other officers as are considered necessary, each to serve for a one-year term. Officers may be elected to succeed themselves.

(d) Vacancies on the commission, except those caused by expiration of term, shall be filled by the Governor’s appointing a successor who meets the requirement for the vacated position and who shall be confirmed by the Senate to serve for the remainder of the unexpired term of office.

(e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of a majority of the commission.

(f) The members of the commission shall serve without compensation, but on presentation of a voucher authorized by the chairperson of the commission and approved by the executive director, each member shall be entitled to receive for each day’s expenses incurred while carrying out official commission business the same daily expense allowance and travel or mileage allowance as that authorized for members of the General Assembly.

(g) A majority of the currently appointed commission shall constitute a quorum for the conduct of business.

(h) Any person appointed to the commission when the Senate is not in session may serve on the commission without Senate confirmation until the Senate acts on that appointment.

HISTORY: Code 1981, § 20-3-250.4, enacted by Ga. L. 1990, p. 1166, § 3; Ga. L. 1994, p. 1282, § 3; Ga. L. 2002, p. 1414, § 3; Ga. L. 2015, p. 83, § 3/HB 353; Ga. L. 2016, p. 846, § 20/HB 737; Ga. L. 2018, p. 724, § 2/HB 448.

NOTES: THE 2015 AMENDMENT, effective July 1, 2015, substituted the present provisions of subsection (a) for the former provisions, which read: “There is established the Nonpublic Postsecondary Education Commission consisting of 14 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district and the remaining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms.”; substituted “a majority” for “at least seven members” near the end of subsection (e); and, in subsection (g), inserted “currently appointed” near the beginning, and deleted “, but not less than seven voting members must concur in order for the commission to take official action” following “business” at the end.