Section 46-10-5. Service of notice on director; authority of director to take depositions and obtain discovery; limitation pending funding

   (a) In addition to other requirements of service and notice imposed by law, a copy of any application, complaint, pleading, or notice filed with or issued by the commission shall also be served on the director, and the director shall be notified of any other correspondence or paper filed with or issued by the commission or its staff. The commission shall not proceed to hear or determine any petition, complaint, or proceeding in which the director is entitled to appear unless it shall affirmatively appear that the director was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the director appears and specifically waives such notice.

(b) The director is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the commission in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. The superior courts and the judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection.

(c) Until such time as the General Assembly specifically appropriates funds in an appropriations Act for the consumers' utility counsel division and such funds are available for expenditure, the filings required by subsection (a) of this Code section shall not be required and shall not be made.

Ga. L. 1981, p. 139, § 5; Ga. L. 1983, p. 834, § 2; Ga. L. 1995, p. 167, § 1; Ga. L. 2012, p. 700, § 1/HB 769.