reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-21 - Hearings on imposition of sanctions against appraisers; judicial review

(a)
Before the board shall impose on any appraiser or appraisal management company any sanction permitted by this chapter, it shall provide an opportunity for a hearing for such appraiser or appraisal management company in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board.
(b)
If any appraiser, appraisal management company, or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser, appraisal management company, or applicant and take action as if such appraiser, appraisal management company, or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser, appraisal management company, or applicant by personal service or by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked "unclaimed" or "refused" or is undeliverable and if the appraiser, appraisal management company, or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser, appraisal management company, or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser, appraisal management company, or applicant.
(c)
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, the "Georgia Administrative Procedure Act." Notwithstanding any provision of subsection (b) of Code Section
50-13-19
to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board.
Amended by 2010 Ga. Laws 552,§ 8, eff. 7/1/2010.
Amended by 2003 Ga. Laws 94, § 6, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-22.1 - Conviction data defined; fingerprint records check; disclosure

(a)
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.
(b)
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
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-25 - Certain actions relating to appraisal activity as constituting crimes; cease and desist orders; fine

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 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:
(1)
Any procedure that will reduce the use of paper forms, applications, or documents;
(2)
Any procedure that will reduce the necessity for the commission to maintain paper documents;
(3)
The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and
(4)
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
.
Amended by 2009 Ga. Laws 141,§ 6, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-4 - Office of commissioner; qualifications; restrictions; staff; oath; duties and powers; reimbursement

(a)
There is established within the commission the office of real estate commissioner.
(b)
The commissioner shall be a full-time employee of the commission and shall serve as the chief executive officer of the commission. The commission shall in its discretion appoint the commissioner and fix his or her annual salary. Any person, in order to qualify for appointment to the office of commissioner, shall be a person of good moral character and shall possess such qualifications as the commission may require. The commissioner shall hold no interest in any real estate business or related business while serving as commissioner. The commissioner, with the approval of the commission, may employ and fix the compensation of a secretary, investigators, and other staff to assist the commissioner in his or her duties. Such employees shall not be placed in the classified service as defined by Code Section
45-20-2
, provided that nothing in this chapter shall be construed to affect any employee in the classified service as of July 1, 1981.
(c)
The commissioner shall take an oath to discharge faithfully the duties of his or her office.
(d)
The commissioner shall be charged with the duties and powers as delegated by the commission.
(e)
The commissioner shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his or her duties, the same as other state officers and employees, and shall receive payment of the same in the manner provided for members of the commission.
Amended by 2012 Ga. Laws 630,§ 2-65, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-6 - Seal; records

(a)
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.
(b)
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:
(1)
Destroy the paper record; or
(2)
Retain the paper record for a period of time determined by the commission.
Amended by 2011 Ga. Laws 52,§; 75, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-7 - Application for licenses; confidentiality

(a)
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:
(1)
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;
(2)
The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3)
Such other information as the commission shall require.
(b)
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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-10 - Requirements for firm to be granted broker's license

No broker's license shall be granted to a firm unless:
(1)
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
(2)
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.
Amended by 2006 Ga. Laws 763,§ 7, eff. 7/1/2006.
Amended by 2004 Ga. Laws 564, § 43, eff. 5/13/2004.
Amended by 2003 Ga. Laws 94, § 9, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 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.
Amended by 2003 Ga. Laws 94, § 10, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-16 - Refusal to issue licenses; hearings; judicial review

(a)
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.
(b)
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.
Amended by 2003 Ga. Laws 94, § 12, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-17 - [Repealed] Revocation or suspension of license issued to partnership, limited liability company, or corporation

Repealed by 2003 Ga. Laws 94, § 13, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-19 - Change of place of business; transfer of salesperson, associate broker, or community association manager

(a)
Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 30 days of such change.
(b)
When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:
(1)
Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or
(2)
Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker or the qualifying broker of a firm.
(c)
A licensee transferring to a new broker may continue to act as a licensee for the former broker with regard to transactions begun prior to the transfer, provided:
(1)
Both brokers agree in writing to the licensee's actions on behalf of the former broker;
(2)
The transactions on which the licensee will act on behalf of the former broker are enumerated in the written agreement between the brokers;
(3)
The former broker agrees in writing to assume full responsibility for the licensee's activities in the enumerated transactions; and
(4)
The written agreement expresses the terms under which the licensee shall be compensated by the former broker.
(d)
A salesperson or community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's or community association manager's license except as provided in subsection (c) of this Code section.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-21 - Violations involving real estate accounts; report to Attorney General; injunctions; appointment of receiver

Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section
43-40-20
or if any broker or the officers, members, or partners of any firm licensed as a real estate broker shall refuse to submit their books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition; and the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon such receiver by the court.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-22.1 - Fidelity bond or insurance requirements for broker providing community management services

(a)
The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance coverage protecting the community associations being managed by the broker against loss of any funds belonging to those community associations being held or controlled by the broker.
(b)
The commission shall establish through its rules and regulations the criteria that such fidelity bonds or fidelity insurance, if required, must meet.
(c)
Each broker providing community association management services shall maintain a copy of any mandatory fidelity bond or fidelity insurance policy and a current certificate of each such bond or insurance policy showing current coverage, shall provide a copy thereof to the community association, and shall produce a copy thereof at the reasonable request of the commission or any of its agents for their inspection.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-23 - Applicability of county or municipal license, occupational, or professional taxes

No county or municipal corporation shall levy or collect any fixed amount license, occupational, or professional tax upon real estate brokers, except as provided for in Code Section
48-13-17
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-24 - Requisites for maintenance of action under chapter

(a)
No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker in Georgia at the time the alleged cause of action arose.
(b)
No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any person acting in the broker's behalf was duly licensed in Georgia at the time the alleged cause of action arose.
(c)
No broker shall bring or maintain any action against another broker nor shall any affiliated licensee bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee in Georgia at the time the alleged cause of action arose.
(d)
The commission by and through its commissioner may bring an action for any violation of this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-25.1 - Completion of certain forms not practice of law; contents of certain forms

It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange real property, a licensee shall include a description of the property involved, a method of payment, any special stipulations or addenda the offer requires, and, such dates as may be necessary to determine whether the parties have acted timely in meeting their responsibilities under the lease, offer, or contract.
Amended by 2003 Ga. Laws 94, § 15, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-26 - Hearings before commission; judicial review

(a)
Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide an opportunity for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Unless otherwise agreed to by the commission, all such hearings shall be held in the county of domicile of the commission.
(b)
If any licensee or applicant fails to appear at any hearing after reasonable notice, the commission may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the commission in a disciplinary proceeding shall be served upon the licensee or applicant by personal service or by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the commission. If such material is returned marked "unclaimed" or "refused" or is undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such licensee or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the licensee or applicant.
(c)
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.
Amended by 2003 Ga. Laws 94, § 16, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-27.1 - Conviction data

(a)
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.
(b)
After the commission has opened an investigation as authorized by Code Section
43-40-27
, the commission shall be authorized to obtain conviction data with respect to an applicant or licensee who is the subject of such investigation. The commission may require any applicant or licensee who is the subject of an investigation conducted pursuant to Code Section
43-40-27
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 commission two complete sets of classifiable fingerprints of the applicant or licensee. Upon receipt thereof, the commission 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 commission 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 commission 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
43-40-27
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-28 - Injunctive actions

Whenever, in the judgment of the commission, 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 and permanently such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-30 - Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies

(a)
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 defined in paragraph (2) of Code Section
43-40-1
, whether as a part of a transaction or as an entire transaction, shall be deemed a licensee within the meaning of this chapter. The commission of a single such act by a person who is required to be licensed under this chapter but who is not so licensed shall constitute a violation of this chapter.
(b)
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, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section
43-40-29
.
(c)
Notwithstanding any other provisions of law to the contrary, the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker without a license. 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 commission.
(d)
The violation of any cease and desist order of the commission under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the commission, and the commission 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.
(e)
Initial judicial review of the decision of the commission entered pursuant to this Code section or an action for enforcement of such decision shall be available solely in the superior court of the county of domicile of the commission.
(f)
Nothing in this Code section shall be construed to prohibit the commission from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-30.1 - Employer-employee or broker-independent contractor relationships between licensees

Nothing contained in this chapter shall be construed as establishing an employer-employee or broker-independent contractor relationship between licensees. Whether brokers and their affiliated licensees establish employer-employee or broker-independent contractor relationships shall be at the discretion of the licensees.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 40 - REAL ESTATE BROKERS AND SALESPERSONS (§§ 43-40-1 — 43-40-32) › Section 43-40-31 - Penalty

Any person acting as a real estate licensee within the meaning of this chapter without a license and any person who violates any other provision of this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 41 - RESIDENTIAL AND GENERAL CONTRACTING (§§ 43-41-1 — 43-41-18) › Section 43-41-1 - Legislative findings

It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and commercial general contractors. The practice of residential and commercial general contracting is declared to be a business or profession affecting the public interest and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.
Amended by 2024 Ga. Laws 583,§ 1, eff. 7/1/2024.
Added by 2004 Ga. Laws 598, § 1, eff. only upon the effective date of an appropriation of funds as expressed in a line item making specific reference to the full funding of 2004 Ga. Laws 598 in an appropriations Act enacted by the General Assembly.
Former Chapter 41, "RECREATION ADMINISTRATORS, LEADERS, SPECIALISTS, AND TECHNICIANS," comprised of §§ 43-41-1 through 43-41-20, was repealed.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 41 - RESIDENTIAL AND GENERAL CONTRACTING (§§ 43-41-1 — 43-41-18) › Section 43-41-7 - Written warranties required

A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single-family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00. The residential contractor division shall establish the minimum requirements of such warranty. The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter 9 of Title 9, the "Georgia Arbitration Code."
Amended by 2011 Ga. Laws 245,§ 43, eff. 5/13/2011.
Added by 2004 Ga. Laws 598, § 1, eff. only upon the effective date of an appropriation of funds as expressed in a line item making specific reference to the full funding of 2004 Ga. Laws 598 in an appropriations Act enacted by the General Assembly.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 41 - RESIDENTIAL AND GENERAL CONTRACTING (§§ 43-41-1 — 43-41-18) › Section 43-41-11 - Effect of licensure

The issuance of a license by the residential contractor or the commercial general contractor division shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the rights and privileges of a licensed residential or commercial general contractor while such license remains unrevoked or unexpired.
Amended by 2024 Ga. Laws 583,§ 1, eff. 7/1/2024.
Added by 2004 Ga. Laws 598, § 1, eff. only upon the effective date of an appropriation of funds as expressed in a line item making specific reference to the full funding of 2004 Ga. Laws 598 in an appropriations Act enacted by the General Assembly.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 41 - RESIDENTIAL AND GENERAL CONTRACTING (§§ 43-41-1 — 43-41-18) › Section 43-41-12 - Penalty for violating provisions; architect or engineer utilizing nonlicensed personnel

(a)
Any person, whether an individual or a business organization, who:
(1)
Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or commercial general contractor in Code Section
43-41-2
without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or commercial general contracting in this state except as provided for in this chapter;
(2)
Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or commercial general contractor licensee duly authorized to perform work under such classification of licensure pursuant to this chapter;
(3)
Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent;
(4)
Gives false or forged evidence of any kind to the board or its divisions or to any member of the board in maintaining a license;
(5)
Uses an expired, suspended, or revoked license to continue engaging in residential contracting or commercial general contracting;
(6)
Operates a business organization engaged in contracting after 180 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section
43-41-9
; or
(7)
Intentionally and repeatedly misrepresents or manipulates the value or percentage of work at the time of contract under subsections (e) and (f) of Code Section
43-41-17
to avoid the licensing requirements of this chapter, shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $1,000.00 or imprisonment of three months, or both fine and imprisonment in the discretion of the court.
(b)
Any architect or engineer who recommends to any project owner the award of a contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in subsection (a) of this Code section and also to any appropriate disciplinary action by the appropriate division.
(c)
Except as otherwise provided in this Code section, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
Amended by 2024 Ga. Laws 583,§ 1, eff. 7/1/2024.
Amended by 2007 Ga. Laws 322,§ 7, eff. 5/29/2007.
Added by 2004 Ga. Laws 598, § 1, eff. only upon the effective date of an appropriation of funds as expressed in a line item making specific reference to the full funding of 2004 Ga. Laws 598 in an appropriations Act enacted by the General Assembly.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 41 - RESIDENTIAL AND GENERAL CONTRACTING (§§ 43-41-1 — 43-41-18) › Section 43-41-13 - Issuance of restraining order and injunction to restrain against further violations

Whenever it appears to the board or either division of the board that any person, whether an individual or a business organization, or both, is violating any of the provisions of this chapter or of the rules and regulations of the board or either division promulgated under this chapter, the board or division may apply to the superior court of the county in which such individual resides or business is located for a restraining order and injunction to restrain the violation, and the superior court shall have jurisdiction to grant the requested relief, irrespective of whether criminal prosecution has been instituted or administrative sanctions have been imposed by reason of the violation.
Added by 2004 Ga. Laws 598, § 1, eff. only upon the effective date of an appropriation of funds as expressed in a line item making specific reference to the full funding of 2004 Ga. Laws 598 in an appropriations Act enacted by the General Assembly.