Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee thereof for damages sustained from the improper or unlawful removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings.
History. Code 1981, § 12-12-21 , enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1987, p. 3, § 12; Ga. L. 1996, p. 238, § 1.
Law reviews.
For comment, “Keeping the Arms in Touch: Taking Political Accountability Seriously in the Eleventh Amendment Arm of the State Doctrine,” see 64 Emory L.J. 819 (2015).
Structure Georgia Code
Title 12 - Conservation and Natural Resources
§ 12-12-4. Rules and Regulations; Schedule of Contractor License and Project Fees
§ 12-12-5. Powers and Duties of Director
§ 12-12-6. License Requirement; Application; Renewal; Exception
§ 12-12-7. Training Requirements
§ 12-12-9. Denial, Revocation, or Suspension of License; Grounds; Review of Decision
§ 12-12-10. Notice of Commencement of Project; Contents; Project Fee; Certification of Completion
§ 12-12-11. Compliance With Chapter Required
§ 12-12-12. Investigation Rights of Director; Contractor to Make Records Available
§ 12-12-13. Cease and Desist Orders
§ 12-12-14. Injunctions; Restraining and Other Orders
§ 12-12-15. Imminent and Substantial Danger; Remedies of Director
§ 12-12-16. Civil Penalty for Violation; Hearing and Judicial Review; Disposition of Penalties
§ 12-12-17. Hearing and Judicial Review Procedure
§ 12-12-18. Judgment in Accordance With Order of Director or Administrative Law Judge
§ 12-12-19. Attorney General to Provide Legal Representation