reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-7 - License required; scope of authority of license holders; issuance of duplicate licenses

(a)
It is unlawful for any person or firm to engage in the practice of dispensing hearing aids, as defined in this chapter, in this state without having a valid license issued under this chapter.
(b)
No person or firm, except those exempted in Code Section
43-20-19
, shall engage in the practice of dispensing hearing aid devices or instruments or display a sign or in any way advertise or represent himself or any firm as practicing the dispensing of hearing aid devices or instruments in this state unless such person holds an unsuspended, unrevoked license issued by the board.
(c)
A dispenser's license issued under this chapter shall entitle the holder to dispense hearing aid devices or instruments under the supervision of a licensed dealer.
(d)
The dealer's license issued under this chapter shall permit and require the holder to establish and operate an establishment open to the public for the purpose of dispensing hearing aids and providing follow-up services.
(e)
No firm shall engage in the practice of dispensing hearing aid devices or instruments or display a sign or in any way advertise or represent itself as dispensing hearing aid devices or instruments in this state unless each office or location is staffed by a person who holds a valid dispenser's license issued under this chapter.
(f)
Duplicate dealers' licenses shall be issued by the division director on behalf of the board to valid license holders operating more than one office or place of practice upon the payment of an additional dealer's license fee for each location, provided that each such location shall be staffed and supervised by a person holding a valid dispenser's license issued under this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-8 - Issuance of licenses; fees

(a)
The board may issue a dealer's license to any applicant for a dealer's license upon compliance with this chapter, upon payment of the appropriate license fee for a dealer's license, and upon the presentation of evidence satisfactory to the board that such applicant has established or will establish and maintain a regular office, store, or location for the dispensing of hearing aid devices or instruments, and that a person who possesses a valid Georgia dispenser's license will be responsible for the dispensing of hearing aids under such dealer's license.
(b)
(1)
The board may issue a dispenser's license to an applicant only when:
(A)
The applicant has satisfactorily completed a board approved examination;
(B)
Proof of age has been verified; and
(C)
The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. An application for a dispenser's license by examination under this chapter shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for a dispenser's license by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check. This subparagraph shall not apply to an application for a renewal of a dispenser's license.
(2)
The dispenser's license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer.
(c)
The dealer's license fee shall be in an amount determined by the board and must be paid for each office or location established by the dealer.
(d)
The dispenser's license fee shall be in an amount determined by the board.
Amended by 2015 Ga. Laws 209,§ 2, eff. 7/1/2015.
Amended by 2010 Ga. Laws 417,§ 27, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-9 - Examinations; qualifications; apprentice dispensers; establishment of uniform criteria for passing and failing

(a)
An applicant may obtain a license by successfully passing a board approved examination, provided that the applicant:
(1)
Is at least 18 years of age; and
(2)
Is of good moral character.
(b)
Every apprentice dispenser who has held the permit over 30 days shall be scheduled to stand for the written examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination. The board shall also have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to pass the written portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit.
(c)
The board shall establish uniform criteria for passing and failing candidates.
Amended by 2010 Ga. Laws 417,§ 28, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-10 - Nonresident licenses; reciprocity

(a)
Nonresident dealers' licenses may be issued to individuals domiciled outside of this state upon presentation of satisfactory evidence to the board that they comply with all provisions of this chapter for a dealer's license and upon payment of the fees required for such licenses. Holders of nonresident dealers' licenses shall be governed by and shall be subject to all conditions and provisions of this chapter relating to dealers' licenses.
(b)
A nonresident dispenser's license may be issued to an applicant who holds a current unsuspended, unrevoked license to practice the dispensing of hearing aids in another state or jurisdiction upon payment of the fee provided for a dispenser's license under this chapter and upon presentation of satisfactory evidence to the board that such other state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter for the practice of dispensing hearing aids, provided that such state or jurisdiction has a program equivalent to or stricter than that required by this chapter for determining the qualifications of applicants for a dispenser's license and that such state or jurisdiction has a provision for reciprocity and has entered into a reciprocal agreement with the board. No such applicant for a reciprocal nonresident dispenser's license shall be required to submit to or undergo a qualifying examination. The holder of a nonresident dispenser's license shall be registered in the same manner as the holder of a regular resident dispenser's license. Fees, grounds, and procedures for renewal, suspension, and revocation of dispensers' licenses shall apply to all nonresident dispensers' licenses.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-11 - Apprentice dispenser's permit; training permits

(a)
An apprentice dispenser's permit shall be issued by the division director on behalf of the board only when:
(1)
Application has been made;
(2)
A statement of supervision has been provided by a licensed dispenser;
(3)
A statement has been made by the supervising dealer that the applicant is capable of making the tests and applying the techniques required to dispense hearing aids in accordance with this chapter;
(4)
Proof of age has been made. Apprentice dispensers' permits are limited to one year in duration and shall not be renewed; and
(5)
The applicant has passed the practical portion of the examination.
(b)
Training permits shall be issued by the division director on behalf of the board only when application has been made and a statement of supervision has been provided by a licensed dispenser. The permit should authorize the person to dispense hearing aids only under direct supervision and immediate observation of the licensed dispenser who shall be responsible for the trainees' compliance with this chapter. Proof of age shall also be made. Training permits should be for a duration of six months and may be renewed as often as necessary for additional six-month time periods so long as the requirements of this Code section for issuance of permits are met for each renewal.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-12 - Notice to division director of place of practice and identification of dispensers, apprentice dispensers, and trainees; notice to holders of licenses and permits

(a)
A person holding a dealer's license shall notify the division director in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids. Furthermore, the dealer is required to notify the division director in writing as to the names and license or permit numbers of all dispensers, apprentice dispensers, and trainees employed or otherwise practicing at each of his or her places of business. The dealer is required to notify the division director in writing of any changes of the foregoing within seven calendar days of such change. Any failure shall be considered a violation of this chapter by the dealer.
(b)
Any notice required to be given by the division director or by the board to any person who holds a license or permit issued by the board shall be mailed to such licensee or permit holder to the address of the place of practice last recorded with the division director; and such mailing shall constitute sufficient notice to such licensee.
Amended by 2010 Ga. Laws 417,§ 29, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-13 - Furnishing bill of sale or receipt to person supplied with hearing aid

Any person who dispenses hearing aid devices or instruments shall deliver to each person supplied with a hearing aid device or instrument a written receipt or bill of sale in such form as may be prescribed by the board, which receipt or bill of sale shall contain, as a minimum, the dealer's name, license number, address, and schedule of office hours, as well as the dispenser's name, signature, and license number, together with specification as to the make and model and serial number of the hearing aid device or instrument furnished. The receipt or bill of sale shall also clearly state the full terms of sale, including guarantees, if any, and shall also contain such other information as the board may determine to be necessary in the public interest. If a hearing aid device or instrument which is not new is sold, the receipt therefor must be clearly marked "used" or "reconditioned," whichever is applicable, with the terms of the guarantee, if any, clearly stated.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-14 - Biennial renewal of licenses; posting licenses; duplicate licenses

Licenses issued under this chapter shall be renewable biennially. Each and every dealer's license and dispenser's license required by this chapter shall be conspicuously posted at each location and place of practice at all times as may be required by regulations established by the board. When more than one office or place of business is operated, a duplicate license shall be obtained from the division director for each such location or place regularly carrying on the practice of dispensing hearing aid devices or instruments, upon the payment of an additional appropriate fee for each duplicate license. The address of the location or place of doing business shall be stated on the duplicate license, which shall be posted at the location.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-15 - Continuing education requirement

(a)
As a prerequisite for the renewal of a dispenser's license on or before December 31, 2015, the individual must provide proof to the board that such individual has successfully completed 14 hours of continuing education in a program approved by the board.
(b)
As a prerequisite for the renewal of a dispenser's license on or after January 1, 2016, the individual must provide proof to the board that such individual has successfully completed 20 hours of continuing education in a program approved by the board.
(c)
The board may promulgate such rules and regulations as are necessary to implement the continuing education requirement.
Amended by 2015 Ga. Laws 209,§ 3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-17 - Procedure as to contested cases; judicial review

Contested cases under this chapter shall be administered in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; provided, however, that any person whose license or permit has been revoked, suspended, or otherwise sanctioned by a final order of the board or denied or not renewed pursuant to Code Section
43-20-16
may appeal to the superior court to review the decision of the board to determine its legal correctness; and provided, further, that the findings of fact rendered by the board will be accepted by the court if said findings are supported by any evidence.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-18 - Injunctions

The board shall have the power to bring an action to enjoin any person, firm, or corporation who, without being licensed or issued a permit by the board, dispenses hearing aids in this state. The action shall be filed in the county in which such person resides or practices or in the county where the firm or corporation maintains an office or practices. If it shall appear that the person, firm, or corporation is guilty of dispensing hearing aids without a license or permit issued by the board, then such person, firm, or corporation shall be enjoined from dispensing hearing aids without a valid license or permit throughout the state. It is declared that such unlicensed activities are a menace and a nuisance and are dangerous to the public health, safety, and welfare; and, therefore, it shall not be necessary, in order to obtain relief, as provided in this Code section, for the board to allege or prove that there is no adequate remedy at law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-19 - Exceptions to operation of chapter

(a)
This chapter shall not apply to a person who is a physician licensed to practice medicine in this state or to a person who is licensed as an audiologist under Chapter 44 of this title.
(b)
This chapter shall not apply to a person while he is working as an employee of a federal, state, county, or municipal agency or a duly chartered educational institution or a training center, provided that such person does not engage in the sale, rental, or lease of hearing aids.
(c)
Nothing in this chapter shall be construed to prevent a person licensed under any other law of this state from operating within the scope of that license, provided that such person does not engage in the sale, rental, or lease of hearing aids.
(d)
Nothing in this chapter shall prohibit a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aid devices or instruments at retail, provided that it holds a dealer's license issued under this chapter and that it employs only properly licensed persons who engage in the sale or dispensing of such products to the purchaser and user thereof. Such corporations, partnerships, trusts, associations, or other like organizations shall file with the board a list of all licensed dispensers directly or indirectly employed by them, including the addresses and license numbers of such dispensers.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20 - HEARING AID DEALERS AND DISPENSERS (§§ 43-20-1 — 43-20-21) › Section 43-20-20 - Penalty

Any person who dispenses or sells hearing aid devices or instruments without a license or who otherwise is in violation of this chapter shall be guilty of a misdemeanor. For the purposes of this chapter, such misdemeanor shall be considered a crime involving moral turpitude.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-1 - Short title

This chapter shall be known and may be cited as the "Registration of Immigration Assistance Act."
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
Added by 2006 Ga. Laws 457,§ 6, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-2 - Definitions

As used in this chapter, the term:
(1)
"Advertise" or "advertising" means any communication, written or otherwise, produced or caused to be produced by a person licensed pursuant to this chapter promoting the goods or services regulated by this chapter.
(2)
"Alien" means any person not a citizen of the United States.
(3)
"Application" means any forms, documents, and information required pursuant to this chapter that applicants are required to file with the Secretary of State.
(4)
"Client" means any person seeking immigration assistance.
(5)
"Compensation" means money, property, services, promise of payment, or any other consideration or anything of value.
(6)
"Immigrant" means every alien with the exception of an alien within a class of nonimmigrant aliens as defined in
8 U.S.C.A. Section 1101(a)(15)
.
(7)
"Immigration assistance" means any service provided to clients for compensation related to immigration matters, but shall not include legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or the interpretation of the law.
(8)
"Immigration assistance provider" means any person who is licensed to provide immigration assistance pursuant to this chapter.
(9)
"Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:
(A)
Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or
(B)
Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.
(10)
"Nonimmigrant" means any alien within a class of nonimmigrant aliens as defined in
8 U.S.C.A. Section 1101(a)(15)
.
(11)
"Order" means, but is not limited to, an administrative order issued under the provisions of this chapter or a similar order issued by a court of competent jurisdiction, any federal, foreign, or state agency, or a self-regulatory organization that makes a finding that the provisions of this chapter have been violated and sanctions administered.
(12)
"Person" means any individual, partnership, corporation, association, or private organization of any character, but not a governmental entity of any kind.
Amended by 2011 Ga. Laws 245,§ 43, eff. 5/13/2011.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
Added by 2006 Ga. Laws 457,§ 6, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-3 - Purpose and intent of chapter; administration and enforcement

The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not exempted by this chapter. This chapter shall be administered and enforced by the Secretary of State. The Secretary of State may delegate such of his or her powers or duties under this chapter as he or she desires to a division director in his or her office. With respect to the enforcement of this chapter, the Secretary of State shall retain all powers and duties and may perform all functions of the licensing boards as provided in Chapter 1 of this title.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
Added by 2006 Ga. Laws 457,§ 6, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-5 - Permissible services; terms of contract for immigration services

(a)
An immigration assistance provider licensee may perform the following services as immigration assistance:
(1)
Completing a government agency form on behalf of the client and appropriate to the client's needs;
(2)
Transcribing responses to a government agency form which is related to an immigration matter; provided, however, that advice shall not be offered to a client as to his or her answers on such forms;
(3)
Translating information on forms to a client and translating the client's answers to questions posed on such forms;
(4)
Securing for the client supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;
(5)
Notarizing signatures on government agency forms, provided that the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States;
(6)
Preparing or arranging for the preparation of photographs and fingerprints;
(7)
Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; and
(8)
Performing such other services that the Secretary of State determines by rule may be appropriately performed by such licensees in light of the purposes of this chapter.
(b)
A contract to provide any service in conjunction with immigration assistance shall clearly state the obligations of the immigration assistance provider and the client who is to receive such service.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-7 - Civil penalties for violations; private cause of action; rules and regulations

(a)
The Secretary of State may assess civil penalties against any individual or entity that he or she finds to have violated this chapter in an amount of up to $1,000.00 per violation not to exceed $50,000.00. A civil penalty assessed pursuant to this Code section shall be in addition to any other appropriate civil or criminal penalties.
(b)
Any person that suffers injuries or damages as a result of the unlawful practice of immigration assistance shall have a cause of action against the person or entity that provided the unlawful immigration assistance.
(c)
The Secretary of State shall issue rules and regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-8 - Maintaining documents

(a)
The Secretary of State shall maintain all documents filed with the Secretary of State pursuant to this chapter in their original form or by copy.
(b)
All documents filed with the Secretary of State pursuant to a subpoena, an order, or a notice to produce issued by the Secretary of State or any records or documents produced relating to an investigation pursuant to Code Section
43-20A-15
may be destroyed by order of the Secretary of State once the investigative file is closed, if a demand for return is not made by the person producing such records at the time he, she, or it produces the records.
(c)
Any reproduction of any original writing or record filed with, or maintained by, the Secretary of State, or other filing depository designated by the Secretary of State, shall be deemed to have been made in the regular course of business. Such reproduction shall be subject to certification.
(d)
All immigration assistance providers who are licensed or required to be licensed with the Secretary of State shall preserve records documenting compliance pursuant to this chapter for at least three years from the date such records were produced. Immigration assistance providers shall preserve client records that contain certain necessary information in a manner to be determined by the Secretary of State. Such records shall be subject to reasonable periodic or special inspections by the Secretary of State. An inspection may be made at any time and without prior notice. The Secretary of State may copy and remove any record the Secretary of State reasonably considers necessary or appropriate to conduct the inspection.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-9 - Obligation of service provider to provide notice of pending disciplinary, administrative, civil, or criminal action

(a)
Any immigration assistance provider shall report in writing immediately to the Secretary of State if:
(1)
He or she has been made or is the subject of any disciplinary, administrative, civil, or criminal action; and
(2)
He or she has been served in any civil complaint or arbitration filed alleging fraud or any violation of any local, state, or federal law.
(b)
The immigration assistance provider shall provide to the Secretary of State a copy of any notice, order, pleading, indictment, accusation, or similar legal document relating to an action subject to subsection (a) of this Code section that he or she has in his or her possession.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-10 - Fees

The Secretary of State shall be authorized to charge a license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the Secretary of State shall approximate the total of the direct and indirect costs to the state of the operations involved in the issuance of a license. Fees may be refunded for good cause, as determined by the Secretary of State.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-11 - Amendment of license application to account for events or developments after license granted

Should material events or developments occur after a person has been granted a license pursuant to this chapter, such person shall amend the license application submitted pursuant to Code Section
43-20A-4
by adding statements of fact that developed, or became known, after the effective date of such application and by deleting statements of fact that, because of such developments, may be misleading. Such additions and deletions shall be filed with the Secretary of State not more than 30 days after their occurrence.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-12 - Service member

(a)
As used in this Code section, the term "service member" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
(b)
Any service member whose license issued pursuant to this chapter expires while such service member is serving on active duty outside the state shall be permitted to practice as an immigration assistance provider in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing as an immigration assistance provider with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. Such service member shall present to the Secretary of State either a copy of the official military orders or a written verification signed by the service member's commanding officer in order for the Secretary of State to waive any charges.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-13 - Authority to employ investigators

For the purposes of investigating violations of this chapter, the Secretary of State shall be authorized to employ investigators pursuant to Code Section
43-1-5
.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-14 - Disclosure of information

Notwithstanding the provisions of Code Section
43-1-19
, the Secretary of State shall be authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure. Nothing in this chapter shall be construed to prohibit or limit the authority of the Secretary of State to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-15 - Formal order of investigation; authorized action; emergency order; notice requirements

(a)
The Secretary of State shall be authorized to issue a formal order of investigation. Such order shall commence an investigation to determine whether any person is in violation of this chapter or to aid in the enforcement of this chapter.
(b)
The Secretary of State shall be authorized to take any administrative action authorized by law to enforce the provisions of this chapter. The Secretary of State shall be authorized to transmit a civil or criminal referral investigative report and evidence of violations of this chapter to any prosecuting attorney or to the Attorney General, who may, at his or her individual discretion, institute any necessary civil or criminal proceedings.
(c)
Notwithstanding any other provision of this chapter, an emergency order pursuant to this Code section shall be effective on the date of issuance, provided that:
(1)
The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the emergency order, in which case the order may be effective immediately pending proceedings, which shall be promptly instituted; or
(2)
The order is expressly required, by a judgment or a statute, to be made without the right to a hearing or continuance of any type.
(d)
Upon issuance of the notice and proposed order, pursuant to this Code section, the Secretary of State shall promptly serve each person subject to the order with a copy of the notice and proposed order. The order shall include a statement of any administrative sanctions that the Secretary of State will seek, a statement of the reasons for the order, and notice that, upon the request by any respondent named in the emergency order, a hearing will be promptly scheduled pursuant to the provisions of Code Sections
50-13-18
and
50-13-41
. Hearings shall be conducted by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. If a person subject to the order does not request from the Office of State Administrative Hearings a hearing within 30 days after the date of service of the notice and proposed order, the order shall become final as to that person by operation of law. If any person subject to the emergency order requests a hearing, or is ordered by the Secretary of State, after notice and opportunity for hearing has been served upon each person subject to the emergency order, the Secretary of State may modify, vacate, or extend the emergency order any time prior to a final determination.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-17 - Suspension of license for nonpayment, default, or breach of repayment or service obligation under certain educational loan or scholarship programs prohibited

The Secretary of State shall not suspend a license issued pursuant to this chapter because of nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.
Amended by 2019 Ga. Laws 146,§ 1-15, eff. 7/1/2019.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-18 - Cease and desist order

(a)
The Secretary of State may issue a cease and desist order prohibiting a person from violating the provisions of this chapter by engaging in the practice of immigration assistance without a license issued pursuant to this chapter. Such cease and desist order shall become effective immediately upon signature of the Secretary of State and proper notice pursuant to this chapter.
(b)
The violation of any order issued pursuant to subsection (a) of this Code section shall subject such person violating the order to further proceedings before the Secretary of State, and the Secretary of State shall be authorized to impose a civil penalty not to exceed $500.00 for each transaction constituting a violation thereof. Such civil penalty shall be in addition to any other fines and penalties subject to committing a violation pursuant to this subsection. Each day that a person practices in violation of this subsection shall constitute a separate violation.
(c)
Nothing in this Code section shall be construed to prohibit the Secretary of State from bringing remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-19 - Notice of opportunity for hearing

(a)
Where the Secretary of State has issued any order to discipline, deny, suspend, or revoke a license of an applicant or person licensed pursuant to this chapter, he or she shall promptly send to the respondent to such order a notice of opportunity for hearing. Before entering an order refusing to issue a license pursuant to this chapter to any person and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person a notice of opportunity for hearing.
(b)
Notices of opportunity for hearing shall be served personally by investigators appointed by the Secretary of State, sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or residential address as shown on the licensee's application, or directed for service to the sheriff of the county where such person resides or is found; and such notice shall state:
(1)
The order which has issued or which is proposed to be issued;
(2)
The ground for issuing such order or proposed order;
(3)
A statement of the right of any party to subpoena witnesses and documentary evidence through the Secretary of State;
(4)
That the person to whom such notice is sent will be afforded a hearing in accordance with the Code Sections
50-13-18
and
50-13-41
; and
(5)
Contested cases shall be heard by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50.
(c)
If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings and conclusions of laws with respect to the matters involved.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-20 - Licensee required to notify licensing authority within 10 days of felony conviction

Any individual licensed pursuant to this chapter who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 20A - REGISTRATION OF IMMIGRATION ASSISTANCE (§§ 43-20A-1 — 43-20A-21) › Section 43-20A-21 - Criminal penalties for violations

Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense.
Added by 2008 Ga. Laws 775,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-1 - Definitions

As used in this article, the term:
(1)
"Guest" means a person who pays a fee to the keeper of an inn for the purpose of entertainment at that inn.
(2)
"Inn" means all taverns, hotels, and houses of public general entertainment for guests.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-2 - Depositories for hire

Persons entertaining only a few individuals, or simply for the accommodation of travelers, are not innkeepers but are depositories for hire and are bound to ordinary diligence.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-3 - Duty of innkeeper to receive guests

An innkeeper who advertises himself as such is bound to receive as guests, so far as he can accommodate them, all persons of good character who desire accommodation and who are willing to comply with his rules.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-3.1 - Notice of termination of occupancy by innkeeper

(a)
Whenever the keeper of a hotel, apartment hotel, boarding house, inn, or other accommodations furnished on a day-to-day or weekly basis wishes to terminate the occupancy of a guest for reasons other than those described in subsection (b) of this Code section, the keeper shall give notice of such intention to the guest. The period of time to be specified in the notice as to when the occupancy will be declared terminated by the keeper shall be equal to the period of time for which occupancy is paid for by the guest and accepted by the keeper.
(b)
The notice requirement of subsection (a) of this Code section shall not apply to a termination of occupancy for cause, such as failure to pay sums due, failure to abide by rules of occupancy, failure to have or maintain reservations, or other action by a guest.
Amended by 2008 Ga. Laws 764,§ 13, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-3.2 - Written statement of period of occupancy signed by guest; rights of innkeeper and guest under contract

A written statement prominently setting forth in bold type the time period during which a guest may occupy an assigned room, when separately signed or initialed by the guest, is a valid nonassignable contract. At the expiration of such time period, the guest may be restrained from entering such room and any property of the guest may be removed by the innkeeper to a secure place where the guest may recover his or her property without liability to the innkeeper, except for damages to or loss of such property attributable to its removal. If a guest vacates his or her room prior to the date contained in the written statement, that guest shall not be liable for charges for the time after the room is vacated unless the guest has agreed otherwise before occupying the room.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-4 - Innkeeper as depository for hire; rules governing liability

An innkeeper is a depository for hire; however, given the nature of his business, his liability is governed by more stringent rules, as are set out in this article.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-5 - Attachment of lien on property of guests or their agents; priorities

The keeper of every inn, boarding house, lodging house, and eating house shall have a lien on all furniture, baggage, wearing apparel, and other property brought into such inn, boarding house, lodging house, or eating house by any guest or patron of the same who has title to such property, or by an agent who has legally acquired possession of such property for the purpose of dealing therewith for the benefit of the owner and in and about the business of the owner, to secure the payment by such guest or patron of all sums due for food, lodging, or other accommodation. The lien shall attach in all cases where a liability has been created without regard to the time of furnishing such food, lodging, or other accommodation and shall be superior to other liens except liens for taxes, liens for purchase money or retention of title of record, special liens of landlords for rent, liens of laborers, and all general liens of which the keeper of such inn, boarding house, lodging house, or eating house had actual notice or constructive notice before the property claimed to be subject was brought into such inn, boarding house, lodging house, or eating house.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 21 - OPERATORS OF HOTELS, INNS, AND ROADHOUSES (§§ 43-21-1 — 43-21-62) › Article 1 - RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS (§§ 43-21-1 — 43-21-16) › Section 43-21-6 - Enforcement of lien created by Code Section 43-21-5

For the enforcement of the lien created by Code Section
43-21-5
, the keeper of the inn, boarding house, lodging house, or eating house claiming the lien may retain possession of the property against which the lien is claimed. At any time after 30 days after the person creating such debt or obligation has left the inn, boarding house, lodging house, or eating house, if the debt or obligation is still unpaid, the innkeeper may sell at public auction at the office of the inn, boarding house, lodging house, or eating house where such lien is claimed, to the highest bidder for cash, any and all property subject to such lien, without any further process being necessary. The proceeds of such sale shall be applied, first, to the payment of the expense of such sale; second, to the reduction or discharge of the debt or obligation due to the inn, boarding house, lodging house, or eating house; and any surplus remaining shall be held subject to the demand of the person creating such debt or obligation, provided that such sale shall be advertised by written or printed posters at the office of the inn, boarding house, lodging house, or eating house and at the courthouse door of the county in which the inn, boarding house, lodging house, or eating house is located for at least ten days before such sale. The advertisement shall specify the time and place of sale. The keeper of the inn, boarding house, lodging house, or eating house shall give the owner or agent, or both, written notice by registered or certified mail or statutory overnight delivery addressed to him at his last known address at least ten days prior to the sale, notifying him of the time and place of sale and of the amount claimed against him. Any surplus proceeds of the sale, after payment of the amount claimed against such owner or agent and the cost of sale, if not claimed by the owner or agent within 12 months after the sale, shall be turned over to the board of education of the county in which the sale occurred for educational purposes.