reglab/housing_qa huggingface dataset:
GA Code § 43-39A-22.1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-22.1. Conviction Data Defined; Fingerprint Records Check; Disclosure

  As used in this Code section, the term "conviction data" means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.   After the board has opened an investigation authorized by Code Section 43-39A-22, the board shall be authorized to obtain conviction data with respect to an applicant or appraiser who is the subject of such investigation. The board may require any applicant or appraiser who is the subject of an investigation conducted pursuant to Code Section 43-39A-22 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeing the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the board two complete sets of classifiable fingerprints of the applicant or appraiser. Upon receipt thereof, the board shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the board in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the board shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 43-39A-22.     (Code 1981, §43-39A-22.1, enacted by Ga. L. 2000, p. 1527, § 10.)
GA Code § 43-39A-23 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-23. Injunctions

 Whenever, in the judgment of the board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may maintain an action in the name of the state in the superior court of the county in which such violation occurred to abate and enjoin temporarily or permanently such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond.    (Code 1981, §43-39A-23, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1.)
GA Code § 43-39A-25 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-25. Certain Actions Relating to Appraisal Activity as Constituting Crimes; Cease and Desist Orders; Fine

  Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal activity defined in Code Section 43-39A-2, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have an appraiser classification under this chapter but who has not obtained such appraiser classification shall constitute a violation of this chapter.   It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an appraiser within this state without first obtaining an appraiser classification as provided in this chapter.   Notwithstanding any other provisions of law to the contrary, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of an appraiser without proper appraiser classification.Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the board.   The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order.Each day that a person practices in violation of this chapter shall constitute a separate violation.   Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board.   Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.     (Code 1981, §43-39A-25, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "appraiser" was substituted for "appraisal" preceding the first occurrence of "classification" in the second sentence of subsection (a).   JUDICIAL DECISIONS   Court testimony of out-of-state appraisers.    - Individuals from out-of-state who testify as to the value of real estate under O.C.G.A. § 43-39A-24(b)(5) without a Georgia appraisal classification do not violate O.C.G.A. § 43-39A-25. Leota Properties, Ltd. v. Bank One Lexington, 212 Ga. App. 508, 441 S.E.2d 920 (1994).
GA Code § 43-39A-26 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-26. Penalty

 Any person acting as an appraiser within the meaning of this chapter without an appraiser classification and any person who violates any other provision of this chapter shall be guilty of a misdemeanor.    (Code 1981, §43-39A-26, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1.)
GA Code § 43-40-3 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-3. Determination of Fees by Commission

 The commission is authorized to establish the amount of any fee which it is authorized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the commission shall approximate the total of the direct and indirect costs to the state of the operations of the commission.   (Ga. L. 1978, p. 1517, § 1.)
GA Code § 43-40-3.1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-3.1. Rules and Regulations

 Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regulations setting forth:    Any procedure that will reduce the use of paper forms, applications, or documents;   Any procedure that will reduce the necessity for the commission to maintain paper documents;   The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and   The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature.  As used in this Code section, the term "electronic signature" shall have the same meaning as provided in Code Section 10-12-2.      (Code 1981, §43-40-3.1, enacted by Ga. L. 1999, p. 715, § 4; Ga. L. 2009, p. 698, § 6/HB 126.)
GA Code § 43-40-5 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-5. Status of License of Commissioner and Commission Employees

 The real estate license of the real estate commissioner and all other employees of the commission who are licensed by the commission shall be on inactive status during the time of their employment with the commission. The commissioner or such employees will not be required to pay a fee to keep their licenses on an inactive status. Such license shall be taken off the inactive status and returned to the commissioner or employee when his employment is terminated.   (Ga. L. 1978, p. 231, § 5.)
GA Code § 43-40-6 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-6. Seal; Records

  The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words "State Real Estate Commission, State of Georgia," and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission.   The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification. The commission may certify the license history of a licensee based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the commission may:   Destroy the paper record; or   Retain the paper record for a period of time determined by the commission.      (Ga. L. 1925, p. 325, § 5; Code 1933, § 84-1406, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1989, p. 1619, § 1; Ga. L. 1994, p. 1168, § 1; Ga. L. 1999, p. 715, § 5; Ga. L. 2011, p. 99, § 75/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Georgia St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Georgia St. U.L. Rev. 1 (2011). For note on the 1994 amendment of this Code section, see 11 Georgia St. U.L. Rev. 240 (1994).
GA Code § 43-40-7 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-7. Application for Licenses; Confidentiality

  Any person desiring to act as a real estate licensee must file an application for a license with the commission. All original and subsequent applications filed with the commission shall be in such form and detail as the commission shall prescribe, setting forth the following:   The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;   The place or places, including the city with the street and street number, if any, where the business is to be conducted; and   Such other information as the commission shall require.     Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the commission, shall be confidential. The commission shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee or approval of a school, course, or instructor as the commission may determine by rule.    (Ga. L. 1925, p. 325, § 7; Code 1933, § 84-1410; Code 1933, § 84-1409, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1993, p. 123, § 50; Ga. L. 2000, p. 1527, § 12.)   OPINIONS OF THE ATTORNEY GENERAL   Brokers, but not sales people, may incorporate.    - Former Code 1933, § 84-1410 (see now O.C.G.A. § 43-40-7) contemplated that real estate brokers may practice in the corporate form, but this power was not extended to sales people by Ga. L. 1970, p. 243, § 2 (see now O.C.G.A. § 14-7-2). 1971 Op. Att'y Gen. No. U71-39.   RESEARCH REFERENCES   ALR.   - Duty of real estate broker to disclose that prospective purchaser is a relative, 26 A.L.R.2d 1307.   Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.   Suspension or revocation of real estate broker's license on ground of discrimination, 42 A.L.R.3d 1099.   Revocation or suspension of real estate broker's license for violation of statutes or regulations prohibiting use of unlicensed personnel in carrying out duties, 68 A.L.R.3d 530.   Necessity of having real estate broker's license in order to recover commission as affected by fact that business sold includes real property, 82 A.L.R.3d 1139.
GA Code § 43-40-10 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-10. Requirements for Firm to Be Granted Broker's License

 No broker's license shall be granted to a firm unless:    Said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and   Said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," in which said firm may be a named respondent.  Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license.     (Code 1933, § 84-1414, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1974, p. 382, § 1; Ga. L. 1980, p. 1398, § 5; Ga. L. 1982, p. 1001, §§ 6, 11; Ga. L. 1984, p. 22, § 43; Ga. L. 1985, p. 360, § 6; Ga. L. 1987, p. 252, § 3; Ga. L. 1988, p. 13, § 43; Ga. L. 1993, p. 123, § 52; Ga. L. 1995, p. 1216, § 4; Ga. L. 1996, p. 6, § 43; Ga. L. 2000, p. 1527, § 14; Ga. L. 2003, p. 370, § 9; Ga. L. 2004, p. 631, § 43; Ga. L. 2006, p. 792, § 7/SB 547.)   Law reviews.   - For article, "Real Estate Syndications As Securities in Georgia - A Review and Comments on the Recent Opinion of the Attorney General," see 11 Georgia St. B. J. 80 (1974). For article, "A Response: Real Estate Syndications as Securities in Georgia," see 11 Georgia St. B. J. 153 (1975).   JUDICIAL DECISIONS    Cited in Azar-Beard & Assocs. v. Wallace, 146 Ga. App. 671, 247 S.E.2d 154 (1978).   OPINIONS OF THE ATTORNEY GENERAL    Nonresident broker can serve as a qualifying broker  for an out-of-state corporation or partnership setting up an office to do business in this state. 1977 Op. Att'y Gen. No. 77-1.   Licensed broker in corporation may delegate contract signing.   - If a real estate brokerage corporation has an officer who is a duly licensed broker, it is not necessary that such broker sign all sales contracts; this duty may be delegated to an agent of the firm. 1970 Op. Att'y Gen. No. U70-127.   RESEARCH REFERENCES   ALR.    - Right of corporation to engage in business, trade, or activity requiring license from public, 165 A.L.R. 1098.
GA Code § 43-40-11 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-11. Form of License

 The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each affiliated licensee shall be delivered or mailed to the real estate broker for whom the licensee is acting and shall be kept in the custody and control of such broker. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensee.   (Ga. L. 1925, p. 325, § 8; Code 1933, § 84-1412; Ga. L. 1965, p. 629, § 6; Code 1933, § 84-1417, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1974, p. 379, § 3; Ga. L. 1977, p. 880, § 3; Ga. L. 1984, p. 844, § 3; Ga. L. 1985, p. 360, § 7; Ga. L. 2003, p. 370, § 10.)
GA Code § 43-40-13 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-13. Disposition of Fees Collected Under Chapter

 All fees collected pursuant to this chapter shall be deposited by the commission into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the commission shall be paid from the funds received pursuant to this chapter. The expenses of the commission and the commissioner must always be kept within the income collected and deposited in accordance with this chapter; and the expense thereof shall not be supported or paid from any other state fund.   (Code 1933, § 84-1413, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1980, p. 1398, § 4; Ga. L. 1982, p. 1001, §§ 5, 13.)
GA Code § 43-40-14 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-14. Power of Commission to Issue, Revoke, or Suspend Licenses and Censure Licensees; Power to Enter Contracts; Retention of Funds

 The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees. The commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the commission may enter into contracts to assist it in the conduct of investigations and examinations of brokers' trust accounts authorized by this chapter only whenever it needs special legal or accounting expertise or other extraordinary circumstances exist. Whenever the commission contracts to perform such investigation or examination of trust account functions, any such contractor working on an investigation or examination of a trust account authorized by this chapter shall be under the supervision of the commission or an employee of the commission. Any contractor used by the commission shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation or examination of a trust account nor to make any discretionary decision that the commission is authorized by law to make. Notwithstanding any other provision of law, the commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the commission to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the commission shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such funds.   (Code 1933, § 84-1408, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1997, p. 410, § 3.)   RESEARCH REFERENCES   ALR.   - Revocation or suspension of real-estate broker's license for conduct not connected with business as broker, 22 A.L.R.4th 136.   Grounds for revocation or suspension of license of real-estate broker or salesperson, 7 A.L.R.5th 474.
GA Code § 43-40-16 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-16. Refusal to Issue Licenses; Hearings; Judicial Review

  If the commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue a license to such applicant, the commission shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Unless otherwise agreed by the commission, all such hearings shall be held in the county of the domicile of the commission.   Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission.    (Ga. L. 1925, p. 325, §§ 13, 14; Ga. L. 1929, p. 316, §§ 33, 34; Code 1933, §§ 84-1419, 84-1420, 84-1421; Ga. L. 1949, p. 943, §§ 4, 5; Code 1933, § 84-1416, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 2000, p. 1527, § 17; Ga. L. 2003, p. 370, § 12.)
GA Code § 43-40-17 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-17. Revocation or Suspension of License Issued to Partnership, Limited Liability Company, or Corporation

 Reserved. Repealed by Ga. L. 2003, p. 370, § 13, effective May 30, 2003.   Editor's notes.   - This Code section was based on Code 1933, § 84-1423, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1995, p. 1216, § 7.