reglab/housing_qa huggingface dataset:
GA Code § 2-8-214 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 8 - Agricultural Commodities Promotion|Article 6 - Agricultural Commodity Commission for Propane|§ 2-8-214. Assessments as Personal Debt; Cumulative Nature of Penalties

  Any assessment established in accordance with this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. If such person fails to pay any such assessment, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof.   In the event that any person duly assessed pursuant to this article fails to pay to the commission the amount so assessed, the commission shall be authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment.   The provisions of this Code section shall be cumulative, and any other remedies may be pursued concurrently until satisfaction is obtained. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission.     (Code 1981, §2-8-214, enacted by Ga. L. 2019, p. 91, § 1/HB 512.)
GA Code § 2-8-215 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 8 - Agricultural Commodities Promotion|Article 6 - Agricultural Commodity Commission for Propane|§ 2-8-215. Civil Penalty for Violations

 Any person who violates any provision of this article or any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for contested cases and recoverable by a civil action brought in the name of the commission. Any moneys recovered pursuant to this Code section shall be applied for the use of the commission.    (Code 1981, §2-8-215, enacted by Ga. L. 2019, p. 91, § 1/HB 512.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2019, the subsection designation "(a)" was deleted from the beginning of this Code section since there was no subsection (b).
GA Code § 2-8-216 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 8 - Agricultural Commodities Promotion|Article 6 - Agricultural Commodity Commission for Propane|§ 2-8-216. Actions Brought by Attorney General; Injunctions and Specific Performance; Incurring and Payment of Costs

  The Attorney General of this state shall, upon complaint by the commission, or may, after examining the complaint and the evidence and believing that a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including the specific performance of any marketing order duly issued by the commission under this article.   If there is an application for a preliminary injunction, a hearing of any order to show cause why such injunction should not be issued, or a hearing of any motion for a preliminary injunction suggesting that, or if the court finds in any such action that a defendant therein is violating or has violated any provision of this article or of any marketing order duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.   In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, a judgment in favor of the commission may provide that the defendant pay the commission the costs it incurred in the prosecution of such action.     (Code 1981, §2-8-216, enacted by Ga. L. 2019, p. 91, § 1/HB 512.)
GA Code § 2-8-217 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 8 - Agricultural Commodities Promotion|Article 6 - Agricultural Commodity Commission for Propane|§ 2-8-217. Attorney General or Prosecuting Attorney to Bring Actions; Administrative Hearings; Response to Finding Violation

  The commission on its own motion or upon the complaint of any interested party may refer to the Attorney General of this state or to any prosecuting attorney of this state any charges of a violation of any provision of this article or of any marketing order or any rule or regulation issued by the commission and effective under this article for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," governing contested cases, to consider the charges set forth in such verified complaint.   In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he or she believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction.   After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state, requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.     (Code 1981, §2-8-217, enacted by Ga. L. 2019, p. 91, § 1/HB 512.)
GA Code § 2-8-218 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 8 - Agricultural Commodities Promotion|Article 6 - Agricultural Commodity Commission for Propane|§ 2-8-218. Falsification of Reports, Statements, or Records; Penalty

  Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.   Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.   The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.     (Code 1981, §2-8-218, enacted by Ga. L. 2019, p. 91, § 1/HB 512.)   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting required for violating subsection (a).    - Offenses arising from a violation of subsection (a) of O.C.G.A. § 2-8-218 are offenses for which fingerprinting is required. 2019 Op. Att'y Gen. No. 19-3.   Fingerprinting not required for violating subsection (b).    - Offenses arising from a violation of subsection (b) of O.C.G.A. § 2-8-218 are not offenses for which fingerprinting is required. 2019 Op. Att'y Gen. No. 19-3.
GA Code § 2-8-219 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 8 - Agricultural Commodities Promotion|Article 6 - Agricultural Commodity Commission for Propane|§ 2-8-219. Regulatory Authority

 The department shall promulgate rules for the administration and enforcement of this article. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act".    (Code 1981, §2-8-219, enacted by Ga. L. 2019, p. 91, § 1/HB 512.)
GA Code § 2-9-1 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-1. Definitions

 As used in this article, the term:    "Agricultural products" includes fruits, vegetables, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops.   "Dealer in agricultural products" means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his or her agent or representative or received on consignment from the producer or his or her agent or representative or received to be handled on a net return basis from the producer. The term "dealer in agricultural products" also includes any person buying, selling, processing, or shelling pecan nuts, including any and every kind and variety of pecan nuts.   "Net return basis" means a purchase for sale of agricultural products from a producer or shipper at a price which is not fixed or stated at the time the agricultural products are shipped from the point of origin. The term includes all purchases made "at the market price," "at net worth," and on similar terms indicating that the buyer is the final arbiter of the price to be paid.   "On consignment" means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner.   "Producer" means any producer of agricultural products.    (Ga. L. 1956, p. 617, § 1; Ga. L. 1957, p. 7, § 1; Ga. L. 1962, p. 127, § 1; Ga. L. 1962, p. 636, § 1; Ga. L. 1978, p. 1450, § 1; Ga. L. 1991, p. 1053, § 1; Ga. L. 1992, p. 2149, § 1; Ga. L. 1999, p. 800, § 1; Ga. L. 2000, p. 1510, § 1; Ga. L. 2013, p. 797, § 1/HB 268.)   OPINIONS OF THE ATTORNEY GENERAL   Section inapplicable to sale of baby chicks.   - The sale of baby chicks by those persons engaged therein is not subject to this section. 1958-59 Op. Att'y Gen. p. 3.    Lumber is not an "agricultural product"  within the meaning of the Georgia State Warehouse Act. 1958-59 Op. Att'y Gen. p. 12.   Nursery products are not "agricultural products."   - Nursery products such as ornamental garden shrubs, are not "agricultural products." 1969 Op. Att'y Gen. No. 69-407.   RESEARCH REFERENCES   ALR.    - State statute in relation to inspection and grading of grain as unlawful burden on interstate commerce, 19 A.L.R. 164.    Validity of discrimination in license statute or ordinance in favor of farmers selling their own products and against other persons dealing in farm products, 123 A.L.R. 1051.
GA Code § 2-9-2 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-2. License Required

 It shall be unlawful for any dealer in agricultural products who comes within the terms of this article to engage in such business in this state without a state license issued by the Commissioner.   (Ga. L. 1956, p. 617, § 3.)   RESEARCH REFERENCES   ALR.    - Constitutionality, construction, and application of statutes relating to the purchase of farm and dairy products from producers for purposes of resale, 117 A.L.R. 347.    Validity of discrimination in license statute or ordinance in favor of farmers selling their own products and against other persons dealing in farm products, 123 A.L.R. 1051.
GA Code § 2-9-3 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-3. Application for License

 Every dealer in agricultural products desiring to transact business in this state shall file an application for such license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:    The kind or kinds of agricultural products the applicant proposes to handle;   The full name or title of the applicant or, if the applicant is an association or partnership, the name of each member of such association or partnership or, if the applicant is a corporation, the name of each officer of the corporation;   The names of the local agent or agents of the applicant, if any; and   The municipalities within which places of business of the applicant will be located, together with the street or mailing address of each such place of business.    (Ga. L. 1956, p. 617, § 4.)   RESEARCH REFERENCES   ALR.   - Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.
GA Code § 2-9-4 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-4. Issuance of License

 Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-7, he or she shall issue to such applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-5, a state license entitling the applicant to conduct business as a dealer in agricultural products. An annual fee not to exceed $400.00 shall be required before a license is issued. Such license shall be valid until revoked or suspended as provided in this article, or until the annual license renewal fee is unpaid.   (Ga. L. 1956, p. 617, § 5; Ga. L. 2013, p. 797, § 2/HB 268.)
GA Code § 2-9-5 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-5. Bond - Required

 Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of "good standing" issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant; provided, however, that the minimum amount of such bond shall be $10,000.00 and the maximum amount of such bond shall be $230,000.00; provided, further, that in the case of pecans, such bond shall not exceed $500,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing and such person shall be ineligible to reapply for such license for a period of four years after such revocation.   (Ga. L. 1956, p. 617, § 6; Ga. L. 1991, p. 1053, § 2; Ga. L. 1992, p. 2149, § 2; Ga. L. 1999, p. 800, § 2; Ga. L. 2000, p. 1510, § 2; Ga. L. 2013, p. 797, § 3/HB 268.)   RESEARCH REFERENCES   ALR.    - Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.
GA Code § 2-9-6 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-6. Bond - Breach of Conditions; Complaint to Commissioner; Hearing and Settlement; Action on Bond; Pro Rata Distribution of Insufficient Bond Proceeds

  Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section 2-9-5 may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint and must be made within 180 days of the alleged breach. If the Commissioner determines that the complaint is prima facie a breach of the bond, and the matter can not be amicably resolved within 15 days, the Commissioner shall publish a solicitation for additional complaints regarding breaches of the bond for a period of not less than five consecutive issues in a newspaper of general circulation and in such other publications as the Commissioner shall prescribe. Additional complaints must be filed within 60 days following initial public notification of a breach of the bond. Civil actions on the breach of such bond shall not be commenced less than 120 days nor more than 547 days from the initial date of public notification of such breach of the bond.   Upon the filing of such complaint in the manner provided in this Code section, the Commissioner shall investigate the charges made and at his discretion order a hearing before him, giving the party complained of notice of the filing of such complaint and the time and place of such hearing. At the conclusion of the hearing the Commissioner shall report his findings and render his conclusion upon the matter complained of to the complainant and respondent in each case, who shall have 15 days thereafter in which to make effective and satisfy the Commissioner's conclusions.   If such settlement is not effected within such time, the Commissioner or the producer may bring an action to enforce the claim. If the producer is not satisfied with the ruling of the Commissioner, he may commence and maintain an action against the principal and surety on the bond of the parties complained of as in any civil action.   If the bond or collateral posted is insufficient to pay in full the valid claims of producers, the Commissioner may direct that the proceeds of such bond shall be divided pro rata among such producers.    (Ga. L. 1956, p. 617, § 7; Ga. L. 1982, p. 3, § 2; Ga. L. 1996, p. 335, § 1; Ga. L. 1998, p. 556, § 1.)
GA Code § 2-9-7 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-7. Denial, Suspension, or Revocation of License - Grounds Generally

 The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has:    Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied;   Made false charges for handling or services rendered;   Failed to account promptly and properly or to make settlements with any producer;   Made any false statement or statements as to condition, quality, or quantity of goods received or held for sale when he could have ascertained the true condition, quality, or quantity by reasonable inspection;   Made any false or misleading statement or statements as to market conditions or service rendered;   Been guilty of a fraud in the attempt to procure or in the procurement of a license; or   Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer consigning the same or without notifying such producer.    (Ga. L. 1956, p. 617, § 11.)
GA Code § 2-9-8 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-8. Denial, Suspension, or Revocation of License - Notice and Hearing

 Before the Commissioner refuses a license or suspends or revokes any license, he shall give the applicant or licensee ten days' notice, by registered or certified mail or statutory overnight delivery, of a time and place of hearing. At such hearing the applicant or licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. If the Commissioner finds that the applicant or licensee has committed any violation of this article or any of the rules or regulations promulgated hereunder, the Commissioner may refuse, suspend, or revoke such license. He shall give immediate notice of his action to the applicant or licensee.   (Ga. L. 1956, p. 617, § 12; Ga. L. 2000, p. 1589, § 3.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   Cross references.   - Authority of Commissioner to impose penalty in lieu of other action, § 2-2-10.
GA Code § 2-9-9 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-9. Consignment Records; Settlement With Producer

  Every dealer in agricultural products, upon the receipt of agricultural products on a consignment basis and as he handles and disposes of the same, shall make and preserve for at least one year a record thereof, specifying:   The name and address of the producer consigning such agricultural products;   The date of receipt;   The kind and quality of such products;   The amount of goods sold;   The name and address of the purchaser, provided that where sales total less than $5.00 in value, such sales may be made to the order of "cash";   The selling price; and   The items of expenses connected therewith.     An "account of sales," together with payment in settlement for such shipment, shall be mailed to the producer within 48 hours after the sale of such agricultural products, unless otherwise agreed in writing.    (Ga. L. 1956, p. 617, § 8.)
GA Code § 2-9-9.1 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 9 - Dealers in Agricultural Products|Article 1 - General Provisions|§ 2-9-9.1. Bale Identification Numbers on Ginned Cotton

 Upon ginning cotton into bales, the ginner shall assign each bale a permanent bale identification number. No bale shall be removed from a gin except when accompanied by a cotton bale voucher issued by the gin, containing the permanent bale identification number and issued in the name of the cotton producer. Except for removal to a bonded warehouse in the name of the cotton producer, transfers or sales from the cotton producer after ginning shall be endorsed by his or her signature on the cotton bale voucher or forms authorized by the Commissioner of Agriculture.    (Code 1981, §2-9-9.1, enacted by Ga. L. 1999, p. 800, § 3.)