reglab/housing_qa huggingface dataset:
GA Code § 10-14-9 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-9. Amendment of Registration Application; State Audit of Records; Change of Ownership

  A registration application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original application under Code Section 10-14-4 or 10-14-5.   Every applicant registered pursuant to Code Section 10-14-4 or 10-14-5 shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary of State to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this chapter.   When any cemetery or preneed dealer registered under Code Section 10-14-4 is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.   Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund.   When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 10-14-4. The Secretary of State shall then issue a certificate of registration to said vendee or transferee.       (Code 1981, §44-3-135, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1986, p. 1468, §§ 7, 8; Ga. L. 1987, p. 3, § 44; Ga. L. 1992, p. 2397, § 1; Code 1981, §10-14-9, as redesignated by Ga. L. 2000, p. 882, § 1.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Cemeteries, § 11.
GA Code § 10-14-10 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-10. Minimum Acreage for Cemeteries; Exceptions

  Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land.   The following cemeteries shall not be subject to the requirement of subsection (a) of this Code section:   All cemeteries registered according to this chapter prior to August 1, 1986; or   Cemeteries initially registered on or after August 1, 1986, but before July 1, 1998, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.     The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.     (Code 1981, §44-3-135, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1986, p. 1468, §§ 7, 8; Ga. L. 1987, p. 3, § 44; Ga. L. 1992, p. 2397, § 1; Code 1981, §10-14-10, as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2006, p. 1087, § 4/HB 910.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, "chapter" was substituted for "article" in paragraph (b)(1).   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Cemeteries, § 11.
GA Code § 10-14-12 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-12. Separate Accounts and Records; Owner Acting as Trustee; Bond; Removal of Trustee or Escrow Agent; Allocation of Funds; Financial Reports

  Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.   Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this chapter and the rules and regulations promulgated under this chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.   A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State.   The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.   The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.   A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 10-14-19 or by other means provided by the laws of this state.   Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form prescribed by the Secretary of State.     (Code 1981, §44-3-137, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1992, p. 6, § 44; Code 1981, §10-14-12, as redesignated by Ga. L. 2000, p. 882, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, "at" was deleted preceding "annually with the Secretary of State" in subsection (g).
GA Code § 10-14-13 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-13. Venue for Civil or Criminal Actions

 For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the cemetery's or preneed dealer's or burial or funeral merchandise dealer's location or residence in this state, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.    (Code 1981, §44-3-138, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, §10-14-13, as redesignated by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-14-14 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-14. Administration of Chapter; Rules and Regulations

  The administration of the provisions of this chapter shall be vested in the Secretary of State.   The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which records shall be open at all times for public inspection.   The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this chapter.   The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case in which there is a reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.   The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.     (Code 1981, §44-3-139, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1985, p. 149, § 44; Code 1981, §10-14-14, as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2006, p. 1087, § 5/HB 910.)
GA Code § 10-14-20 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-20. Criminal Penalties

  Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.   Any person who shall willfully violate Code Section 10-14-17, Code Section 10-14-18, or any provision of this chapter regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000.00 or imprisonment for not less than one and not more than five years, or both.   Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.     (Code 1981, §44-3-144, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, §10-14-20, as redesignated by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-14-21 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-21. Purchaser's Remedy for Violations

  Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs.   In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.   No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.   Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.   Nothing in this chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of a burial lot, burial right, burial merchandise, or burial services.     (Code 1981, §44-3-145, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, §10-14-21, as redesignated by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-14-22 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-22. Judicial Appeal of Order of Secretary of State

  An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:   The order from which the appeal is taken;   The ground upon which a reversal or modification of such order is sought; and   A demand for a certified transcript of the record of such order.     Upon receipt of such notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.   If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.     (Code 1981, §44-3-146, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, §10-14-22, as redesignated by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-14-24 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-24. Effect of Consent to Service of Process

 When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of burial lots, burial rights, burial services, or burial merchandise in violation of this chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail or statutory overnight delivery to the person against whom such process or pleadings are directed at such person's latest address on file in the office of the Secretary of State.    (Code 1981, §44-3-148, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, §10-14-24, as redesignated by Ga. L. 2000, p. 882, § 1; 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.
GA Code § 10-14-25 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-25. Waiver of Rights or Defenses in Cemetery Purchase Agreements Void

 Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive:    Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter;   Any rights provided by this chapter or by the rules and regulations promulgated under this chapter; or   Any defenses arising under this chapter or under the rules and regulations promulgated under this chapter  shall be void.      (Code 1981, §44-3-149, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1985, p. 149, § 44; Code 1981, §10-14-25, as redesignated by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-14-26 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-26. Secretary of State Immune From Liability

 For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune.    (Code 1981, §44-3-150, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, §10-14-26, as redesignated by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-14-27 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-27. Evidence in Civil or Criminal Actions Under Chapter

 Reserved. Repealed by Ga. L. 2011, p. 99, § 18/HB 24, effective January 1, 2013.   Editor's notes.   - This Code section was based on Code 1981, § 44-3-151, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, § 10-14-27, as redesignated by Ga. L. 2000, p. 882, § 1.   Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
GA Code § 10-14-28 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-28. Actions Pending Under Prior Law

  Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, no later than July 1, 2000.   All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this chapter but are governed by prior law.   Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 2000, are governed by Code Section 10-14-22, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, no later than August 1, 2000.     (Code 1981, §44-3-152, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, §10-14-28, as redesignated by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-14-30 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-30. Adoption of Minimum Standards by Secretary of State

 The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers.    (Code 1981, §10-14-30, enacted by Ga. L. 2000, p. 882, § 1.)
GA Code § 10-15-2 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 15 - Business Administration|§ 10-15-2. Disposal of Business Records Containing Personal Information

 A business may not discard a record containing personal information unless it:    Shreds the customer's record before discarding the record;   Erases the personal information contained in the customer's record before discarding the record;   Modifies the customer's record to make the personal information unreadable before discarding the record; or   Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the customer's record for the period between the record's disposal and the record's destruction.     (Code 1981, §10-15-2, enacted by Ga. L. 2002, p. 551, § 8; Ga. L. 2015, p. 1088, § 11/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 11/SB 148, effective July 1, 2015, reenacted this Code section without change.   Law reviews.   - For article, "The Growing Threat of Identity Theft and Its Implications for Employers," see 11 Ga. St. B. J. 27 (2006).
GA Code § 10-15-3 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 15 - Business Administration|§ 10-15-3. Handling of Receipts for Credit Card Transactions

  A merchant who accepts a payment card for the transaction of business shall not print more than five digits of the payment card's account number or print the payment card's expiration date on a receipt provided to the cardholder. This subsection applies only to receipts described in subsection (b) of this Code section and does not apply to a transaction in which the sole means of recording the payment card's account number or expiration date is by handwriting or by an imprint or copy of the payment card.     Effective July 1, 2004, subsection (a) of this Code section applies to receipts that are electronically transferred by a payment card processor and printed using a cash register or other machine or device that is first used on or after July 1, 2004.   Effective July 1, 2006, subsection (a) of this Code section applies to all receipts that are electronically transferred by a payment card processor and printed, including those printed using a cash register or other machine or device that is first used before July 1, 2004.       (Code 1981, §10-15-4, enacted by Ga. L. 2002, p. 551, § 8; Ga. L. 2003, p. 339, § 2; Code 1981, §10-15-3, as redesignated by Ga. L. 2003, p. 140, § 10; Ga. L. 2015, p. 1088, § 11/SB 148.)   Code Commission notes.   - The amendment of this Code section by Ga. L. 2003, p. 140, § 10, irreconcilably conflicted with and was treated as superseded by Ga. L. 2003, p. 339, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).   Editor's notes.   - Ga. L. 2015, p. 1088, § 11/SB 148, effective July 1, 2015, reenacted this Code section without change.