reglab/housing_qa huggingface dataset:
GA Code § 46-3-523 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 16 - Provisions Relating to the Secretary of State|§ 46-3-523. Notification of Actions Taken by Secretary of State; Appeal of Secretary of State's Decision to Superior Court; Appeal by Foreign Electric Cooperative Whose Certificate Is Revoked; Appeal of Decision of Superior Court

  If the Secretary of State refuses to grant a name certificate, revokes the reservation of a corporate name as provided in subsection (e) of Code Section 46-3-221, or refuses to file any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this article to be filed by the Secretary of State, he shall, within ten days after application for the name certificate is made, or his revocation of a reservation of a corporate name, or the delivery of any of the aforesaid documents to him, give written notice of his action to the person making such application, or having made such reservation of corporate name, or delivering such document, which notice shall specify the date of and the reasons for his action.   Within 40 days from the date of such action by the Secretary of State, such person may appeal to the superior court of the county in which the registered office of the electric membership corporation or foreign electric cooperative affected by such action is, or is proposed to be, situated by filing with the clerk of such court a petition setting forth a copy of such application, or of such reservation, or of the articles or other document sought to be filed, and a copy of the written notice from the Secretary of State of his action; whereupon the matter shall promptly be tried de novo by the court without a jury. The court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper.   If the Secretary of State revokes the certificate of authority to transact business in this state of any foreign electric cooperative, pursuant to Code Sections 46-3-466 and 46-3-467, such foreign electric cooperative may appeal to the superior court of the county where the registered office of such foreign electric cooperative in this state is situated, by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to transact business in this state and a copy of the notice of revocation given by the Secretary of State; whereupon the matter shall be tried de novo by the court without a jury. The court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper.   Appeals from all final orders and judgments entered by the superior court under this Code section in review of any ruling or decision of the Secretary of State may be taken to the Court of Appeals or the Supreme Court in the same manner as in other civil cases.    (Code 1933, § 34C-1504, enacted by Ga. L. 1981, p. 1587, § 1.)
GA Code § 46-3-540 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 17 - Penalties|§ 46-3-540. Civil Penalties for Actions or Omissions by Electric Membership Corporations and Foreign Electric Cooperatives

  Each electric membership corporation and each foreign electric cooperative that fails or refuses to file its annual report for any year shall be subject to a civil penalty of $25.00 for each year in which it so fails or refuses.   Each foreign electric cooperative that transacts business in this state without authority shall, after 30 days, be subject to a civil penalty of $500.00 for each year or part thereof during which it so transacts business.   The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the state to enforce the penalties imposed by this Code section.   When an electric membership corporation or foreign electric cooperative fails or refuses to answer truthfully and fully, within the time prescribed by Code Section 46-3-521, interrogatories propounded by the Secretary of State in accordance with Code Section 46-3-521, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the electric membership corporation or foreign electric cooperative at its registered office, or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the state to the superior court of the county where the registered office or principal office of the electric membership corporation, as shown by the records of the Secretary of State, is situated for an order compelling the electric membership corporation to answer the interrogatories truthfully and fully, unless prior to the filing of such application the electric membership corporation shall have so answered the interrogatories. If the electric membership corporation fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court; and the electric membership corporation may be fined therefor in any amount not exceeding $500.00.   Each foreign electric cooperative that fails to comply with Code Section 46-3-460 shall be subject to a civil penalty of $50.00 for each such violation.    (Code 1933, § 34C-1601, enacted by Ga. L. 1981, p. 1587, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 18 Am. Jur. 2d, Corporations, §§ 333, 339. 36 Am. Jur. 2d, Foreign Corporations, § 241.   C.J.S.   - 19 C.J.S., Corporations, § 542.
GA Code § 46-3-541 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 17 - Penalties|§ 46-3-541. Civil and Criminal Penalties for Actions or Omissions by Officers and Directors of Electric Membership Corporations and Foreign Electric Cooperatives

  When an officer or director of an electric membership corporation or foreign electric cooperative fails or refuses within the time prescribed by Code Section 46-3-521 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with Code Section 46-3-521, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the electric membership corporation or foreign electric cooperative, or, if there is no such registered office, at the last known address of the electric membership corporation or foreign electric cooperative as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the state to the superior court of the county where the registered office or principal office of the electric membership corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court; and the officer or director may be fined therefor in any amount not exceeding $500.00.   Each officer or director of an electric membership corporation or foreign electric cooperative who signs any articles, statement, report, application, or other document filed with the Secretary of State which is known to such officer or director to be false in any material respect shall be guilty of a misdemeanor and, upon conviction thereof, may be fined in any amount not exceeding $500.00.    (Code 1933, § 34C-1602, enacted by Ga. L. 1981, p. 1587, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 19 Am. Jur. 2d, Corporations, §§ 1684-1686. 36 Am. Jur. 2d, Foreign Corporations, § 281.
GA Code § 46-5-22 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 1 - General Provisions|§ 46-5-22. Using Telephone Communications for Obscene Comments, Requests, or Suggestions; Injunction; Recorded Commercial Message

  It shall be unlawful for any person, by means of a telephone communication for commercial purposes, to make directly or by means of an electronic recording device, any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent. Any person who makes any such comment, request, suggestion, or proposal may be subject to prosecution under this Code section regardless of whether such person placed or initiated the telephone call.   It shall be unlawful for any person to permit knowingly any telephone or telephone facility connected to a local exchange telephone under such person's control to be used for any purpose prohibited by this Code section.   Any person who violates any provision of this Code section shall be guilty of a misdemeanor. For purposes of this subsection, each day of a violation shall constitute a separate offense.   A court may grant a preliminary injunction under this Code section after due notice to the party to be enjoined and upon a sufficient showing of the likelihood of ultimate success in a prosecution under this Code section and showing that such injunction would be in the public interest. Such injunction shall be dissolved by the court if a full trial on the merits is not scheduled within such period as may be specified by the court not to exceed 30 days.   In the event that a person applies to a local exchange telephone company for use of the local exchange telephone company's facilities for the purpose of transmitting a recorded commercial message, the local exchange telephone company shall have the authority to review the message and deny the applicant's request for facilities if the message appears to violate the provisions of this Code section.     (Code 1981, §46-5-22, enacted by Ga. L. 1985, p. 1310, § 1.)   Cross references.   - Penalty for false statements by telephone solicitors, § 16-9-54.    Further provisions regarding unlawful communications by telephone, § 16-11-39.1.    Obscene communications generally, § 16-12-80 et seq.
GA Code § 46-5-24 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 1 - General Provisions|§ 46-5-24. Use of Certain Telephone Numbers by Adad Equipment Prohibited

  As used in this Code section, the term:   "ADAD equipment" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the numbers so selected or dialed.   "976 number" means any seven-digit telephone number the first three digits of which are 976 or any other combination of numbers and for which a per-call fee is charged for calling such telephone number.       It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of soliciting any person to call such 976 number.   It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of the United States mail for the purpose of soliciting any person to call such 976 number.     No telephone exchange company shall provide access to a 976 number or numbers to any person who solicits calls to such number or numbers through the use of ADAD equipment or through the use of the United States mail. The telephone exchange companies shall, upon the order of the commission, withdraw access to a 976 number or numbers from any person if calls to such number or numbers are solicited by ADAD equipment or are solicited through the use of the United States mail.   The provisions of this Code section shall supersede any rule, regulation, or order governing the use of 976 numbers if such is in conflict with this Code section. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section. Any person who violates any provision of this Code section shall be subject to disconnection of 976 number telephone service if the commission determines that any violation has occurred and upon the commission's, thereafter, issuing an order directing such disconnection.   Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor.     (Code 1981, §46-5-24, enacted by Ga. L. 1988, p. 1246, § 1.)   Code Commission notes.   - Pursuant to Code section 28-9-5, in 1988, "numbers" was substituted for "number" in paragraph (a)(1).   RESEARCH REFERENCES   ALR.   - Validity under First Amendment of statutes limiting automatic dialing and announcing device (ADAD) and robocalls, 48 A.L.R.7th Art. 1.
GA Code § 46-5-25 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 1 - General Provisions|§ 46-5-25. Transmission of Unsolicited Commercial Facsimile Messages

  As used in this Code section, the term "telefacsimile" shall refer to any process by which electronic signals are transmitted by any telephone system for conversion into written text.   It shall be unlawful for any person to initiate the transmission of, employ or direct another person to initiate the transmission of, or contract for the initiation of the transmission of an unsolicited facsimile message for the commercial purpose of advertising or offering the sale, lease, rental, or gift of any goods, services, or real or personal property.     Subsection (b) of this Code section shall not apply where the recipient has consented to the receipt of one or more telefacsimile messages or where there exists a prior contractual or business relationship between the recipient and the initiator or the initiator's principal.   The exception provided for in paragraph (1) of this subsection shall not apply where the recipient has notified the initiator or the initiator's principal that the recipient does not wish to receive further telefacsimile messages from the initiator or the initiator's principal.     Any person who violates this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00.Each transmission of a facsimile message in violation of this Code section shall constitute a separate offense.   The commission is charged with the responsibility of civil enforcement of this Code section and the commission shall require local exchange companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who violates the provisions of this Code section shall be subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification to such person by the local exchange company; and the tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service.     (Code 1981, §46-5-25, enacted by Ga. L. 1990, p. 252, § 1.)   Law reviews.   - For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 360 (1990).   JUDICIAL DECISIONS   Private actions under federal law not prohibited.    - Georgia law does not expressly prohibit private actions under the Telephone Consumer Protection Act (47 USC § 227) for the transmission of unsolicited facsimile advertisements. Hooters of Augusta, Inc. v. Nicholson, 245 Ga. App. 363, 537 S.E.2d 468 (2000).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting not required for violation of Code section.    - Violation of O.C.G.A. § 46-5-25 is not, at this time, designated as an offense which requires fingerprinting. 1990 Op. Att'y Gen. No. 90-22.   RESEARCH REFERENCES   ALR.   - Validity, construction and application of Telephone Consumer Protection Act (47 U.S.C.A. § 227) - state cases, 77 A.L.R.6th 1.
GA Code § 46-5-26 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 1 - General Provisions|§ 46-5-26. Access to Live Telephone Operator

  Each telecommunications utility and telecommunications company that provides operator service shall ensure that a caller may obtain access to a live operator through a method designed to be easily and clearly understandable and accessible to the caller. This Code section applies regardless of the method by which the telecommunications utility or telecommunications company provides the operator service. The requirements of this Code section shall not apply to telephones located in prisons or jail facilities or to wireless telecommunication services. For the purpose of this Code section, "operator services" means services that are provided when a caller dials "0".   The failure of a telecommunications utility or telecommunications company to provide access to a live operator as required in subsection (a) of this Code section shall not serve as the basis for a cause of action for personal injuries or damage to property.     (Code 1981, §46-5-26, enacted by Ga. L. 1994, p. 520, § 1; Ga. L. 2012, p. 847, § 8/HB 1115.)    The 2012 amendment,  effective July 1, 2012, deleted the former second sentence of subsection (a), which read: "A telecommunications utility or telecommunications company shall submit to the Public Service Commission the method by which the telecommunications utility or telecommunications company shall provide access to a live operator for review, except for a telecommunications utility or telecommunications company whose operator services are under the jurisdiction, regulation, and rules of the Public Service Commission."
GA Code § 46-5-31 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 1A - Telephone System for the Physically Impaired|§ 46-5-31. Rates and Charges; Surcharge Not Includable in Gross Receipts Subject to Franchise Tax

  Long-distance and all other applicable rates and charges, including the surcharge required by this part, shall apply to the users of the dual party relay system in the same manner as all other telephone subscribers, but no additional charges may be imposed for the use of the relay system. Local exchange telephone companies shall be compensated for any collection, inquiry, or other administrative services provided by said companies in conjunction with the operation of the dual party relay system.   The surcharge created by this part and collected by the local exchange telephone companies is not includable in gross receipts subject to franchise tax allowed pursuant to Code Section 36-34-2 or subject to the sales and use taxes levied under Chapter 8 of Title 48.     (Code 1981, §46-5-31, enacted by Ga. L. 1990, p. 1118, § 2.)
GA Code § 46-5-40 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 2 - Construction and Operation of Lines, Plants, or Systems Generally|§ 46-5-40. "Person" Defined

 As used in this part, the term "person" means:    Any corporation, company, firm, association, or individual owning, leasing, or operating a public telephone service or telephone line in this state; and   Any cooperative nonprofit membership corporation or limited dividend or mutual association, with respect to that part or portion of its operations devoted to the furnishing of telephone service within this state.    (Ga. L. 1950, p. 311, § 8.)
GA Code § 46-5-41 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 2 - Construction and Operation of Lines, Plants, or Systems Generally|§ 46-5-41. Obtaining of Certificate of Public Convenience and Necessity for Construction, Operation, Acquisition, or Extension of Telephone Lines, Plants, or Systems

 No person shall construct or operate any telephone line, plant, or system or any extension thereof or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Public Service Commission a certificate that the present or future public convenience and necessity require or will require such construction, operation, or acquisition.   (Ga. L. 1950, p. 311, § 1; Ga. L. 2012, p. 847, § 9/HB 1115.)    The 2012 amendment,  effective July 1, 2012, substituted "No" for "Except as provided in Code Section 46-5-46, no" in the beginning of this Code section.   OPINIONS OF THE ATTORNEY GENERAL   Commission may revoke certificate for nonuse.   - After a hearing on all of the facts of a particular case, the Public Service Commission can revoke for nonuse a certificate of public convenience and necessity which it has granted to a telephone company. 1971 Op. Att'y Gen. No. 71-144.   Commission may alter boundaries of telephone service areas.   - Commission may alter established boundaries of telephone service areas by granting competing certificates within the same service areas if the public convenience and necessity would be served thereby. 1979 Op. Att'y Gen. No. 79-20.   Commission may authorize company to serve consumer located in competitor's service area.   - The Public Service Commission has the authority to authorize a telephone company to provide service to a consumer located in the service area certificated to a competing telephone company by granting the telephone company, which the consumer wishes to be served by, a certificate of public convenience and necessity to serve the area within which the consumer is located. Nonetheless, the commission cannot award such a competing certificate unless the commission determines that the existing certificate holder is unwilling or incapable of providing adequate service within the area. 1979 Op. Att'y Gen. No. 79-20.   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Telecommunications, §§ 5, 11, 12, 19, 21.   C.J.S.   - 86 C.J.S., Telecommunications, §§ 5, 6, 8 et seq., 17, 30, 34 et seq.
GA Code § 46-5-42 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 2 - Construction and Operation of Lines, Plants, or Systems Generally|§ 46-5-42. Interference With Existing Telephone Lines, Plants, or Systems by Person Constructing or Extending a Telephone Line, Plant, or System

 If any person, in constructing or extending his telephone line, plant, or system, unreasonably interferes or is about to interfere unreasonably with any line, plant, system, or service of any other person, the commission, on its own initiative or on the complaint of any person claiming to be injuriously affected, may, after a hearing conducted after the giving of reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable.   (Ga. L. 1950, p. 311, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Telecommunications, § 114.   ALR.    - Right of public utility not having an exclusive franchise to protection against, or damages for, interference with its operations, property, or plant by a competitor, 119 A.L.R. 432.