reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 3 - ACCOUNTANTS (§§ 43-3-1 — 43-3-37) › Section 43-3-33 - Expired license of 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 any provision of this chapter expired while such service member was serving on active duty outside this state shall be permitted to practice public accountancy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing a profession 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 this 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 this state. The service member shall present to the board either a copy of the official military orders or a written verification signed by the service member's commanding officer in order to waive any violation of this chapter relating to practicing public accountancy with an expired license.
Added by 2014 Ga. Laws 492,§ 1-2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 3 - ACCOUNTANTS (§§ 43-3-1 — 43-3-37) › Section 43-3-34 - Criminal penalty

Any person who violates this chapter shall be guilty of a misdemeanor.
Renumbered from §
43-3-36
by 2014 Ga. Laws 492,§ 1-2, eff. 7/1/2014.
Repealed by 2014 Ga. Laws 492,§ 1-2, eff. 7/1/2014.
Amended by 2008 Ga. Laws 775,§ 9, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 3 - ACCOUNTANTS (§§ 43-3-1 — 43-3-37) › Section 43-3-36.1 - [Repealed] Exempted licensees

Repealed by 2014 Ga. Laws 492,§ 1-2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 3 - ACCOUNTANTS (§§ 43-3-1 — 43-3-37) › Section 43-3-37 - [Repealed] Use of acquired materials in civil action

Repealed by 2014 Ga. Laws 492,§ 1-2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-2 - Georgia State Board of Architects and Interior Designers; composition; qualifications of members; terms of office; vacancies

There is created the Georgia State Board of Architects and Interior Designers, which shall be composed of nine appointed members. Six of the members shall be registered architects who hold a current license in this state and who shall be residents of this state. Two members shall be registered interior designers who are residents of this state and who have been interior designers for at least ten years immediately preceding the appointment and who shall have passed an examination approved by the board. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture or interior design. The members of the predecessor State Board of Architects including the interior designer members who were formerly only full voting members for purposes of Article 2 of this chapter in office on June 30, 2000, shall be members of the Georgia State Board of Architects and Interior Designers and shall serve out the remainder of their respective terms and until their successors are appointed and qualified. The citizen member who is not a practicing architect or interior designer may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects or interior designers in this state. The Governor shall appoint successors to the present members of the board, as their respective terms of office expire, for a term of office of five years each. The successor members so appointed shall possess the qualifications specified in this Code section and shall be confirmed by the Senate as provided in Code Section
43-1-16
. In case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his or her successor has been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate as provided in Code Section
43-1-16
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-3 - Oath of office

The members of the board, before entering upon the discharge of their duties, shall subscribe to and file with the Secretary of State the constitutional oath of officers.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-4 - Election of board president and vice president

The board shall elect from its membership a president and a vice president.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-5 - Record of proceedings

The division director shall keep a true record of all proceedings of the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-6 - Reimbursement of board members

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-7 - Authority to confer and attend meetings

The board, or any member designated by the board, may confer with similar boards of other states or attend meetings or conferences for the purpose of obtaining information for the advancement of the profession and standards thereof.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-8 - Enforcement of chapter; expenses

The board shall be charged with the duty of enforcing this chapter and may incur such expenses as shall be necessary, all of which expenses shall be paid as provided in Chapter 1 of this title.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-9 - Adoption of rules, regulations, and standards of conduct; posting of information

(a)
The board shall adopt all necessary rules, regulations, and standards of conduct, not inconsistent with this chapter and the Constitution and laws of this state and of the United States, to carry out this chapter and to safeguard life, health, and property.
(b)
The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board.
Amended by 2010 Ga. Laws 417,§ 12, eff. 5/20/2010.
Amended by 2007 Ga. Laws 217,§ 1, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-10 - Compliance with requirements of article; practice of architecture by firms, sole proprietorships, partnerships, and corporations

(a)
Except as otherwise provided in this article, no person shall practice architecture in this state or use the title "architect" or "registered architect" or any word, letter, figure, or any other device indicating or intending to imply that he or she is an architect unless he or she holds a current registration as an architect in this state.
(b)
No firm, sole proprietorship, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, sole proprietorships, partnerships, limited liability companies, and corporations may practice architecture, as defined by this article, and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the responsible control of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership, or who is a member, in the case of a limited liability company, or who is an employee with an ownership interest who has been designated in writing as holding a position of authority within the firm which authorizes him or her to direct the architectural services offered by that firm; and provided, further, that the administration of construction contracts shall be under the responsible control of such registered architect and that such plans, drawings, and specifications shall be prepared under the responsible control of such registered architect and bear the architect's individual signature and seal.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-12 - Certificate of registration; renewal

A certificate of registration as a registered architect shall be valid for two years and shall be renewed biennially as provided by rule of the board. It is unlawful to identify oneself as being able to practice architecture in this state without a current and valid registration in this state. An applicant for a renewal of a certificate of registration shall meet such professional development requirements as the board may require by rule or regulation. Such rule or regulation shall describe professional development activities acceptable to the board and the form of documentation of such activities required by the board. The board shall be authorized to waive the professional development requirement in cases of hardship, disability, age, illness, or under such other circumstances as the board deems appropriate. Failure to meet the minimum qualifications for renewal of a license shall be grounds for denial of a renewal application.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-13 - Suspension or revocation of certificate; reprimand; hearing; reinstatement

(a)
In addition to the authority provided in Code Section
43-1-19
, the board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found by the board to have:
(1)
Committed any fraud, deceit, or misrepresentation in obtaining a certificate of registration;
(2)
Committed any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice;
(3)
Permitted the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section
43-4-10
as to his or her personal direction and supervision of architectural services performed by such firm, sole proprietorship, partnership, limited liability company, or corporation or the provisions of Code Section
43-4-16
;
(4)
Been convicted by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere or the affording of first offender treatment to any such charge; or
(5)
Violated this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article.
(b)
Prior to revoking or suspending a registrant's certificate, the board shall provide for a hearing into the charges against the registrant. The board shall issue a notice of hearing to the registrant in compliance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," at least ten days prior to the hearing. The hearing will be conducted in accordance with the procedures set forth in Chapter 13 of Title 50 and this article.
(c)
The board may reinstate a registration to any person whose registration has been revoked who has met the qualifications for reinstatement. Application for the reissuance of said registration shall be made in such a manner as the board may direct and shall be accompanied by a fee established by the board. Neither the denial of a request for reinstatement of a revoked registration nor the refusal to issue a previously denied registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-15 - Enforcement of Code Section 43-4-14

Except as provided in Code Section
25-2-14
, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the construction of buildings to require compliance with Code Section
43-4-14
before architectural plans, drawings, and specifications are approved for construction. Except as provided in Code Section
25-2-14
, no building subject to Code Section
43-4-14
and requiring the services of an architect shall be built without such approval prior to construction.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-17 - Unlawful practice of architecture; enforcement; injunctions

(a)
Any person who uses the title "architect" or "registered architect" or uses any word, letters, or figures indicating or intending to imply that the person using the same is an architect or registered architect without compliance with this article, or who makes any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this article, or who practices architecture without compliance with this article shall be guilty of a misdemeanor.
(b)
It shall be the duty of all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce this article and to prosecute any persons violating this article. Upon application of any officer or citizen of this state complaining that this article has been violated by any person and upon proof of such violation, the superior courts of this state are authorized to and shall enjoin further violations of this article.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-18 - Cease and desist orders; violations; notice and hearing; judicial review

(a)
Notwithstanding any other provisions of the law to the contrary, upon the board determining that a person is violating the provisions of Code Section
43-4-14
,
43-4-16
, or
43-4-17
, the board may issue a cease and desist order prohibiting the person from committing further violations and may impose a fine not to exceed $10,000.00 for each violation. In determining the fine amount to be imposed, the board shall consider the severity of the violation.
(b)
For purposes of this Code section, each day a person is in violation of the provisions of Code Section
43-4-14
,
43-4-16
, or
43-4-17
shall constitute a separate violation.
(c)
A determination by the board pursuant to subsection (a) of this Code section shall be made only after notice to such person is given and a hearing is held.
(d)
Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board.
(e)
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.
Amended by 2007 Ga. Laws 217,§ 3, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 1 - GENERAL PROVISIONS (§§ 43-4-1 — 43-4-19) › Section 43-4-19 - Issuance of restraining order or injunction

As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, sole proprietorship, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, sole proprietorship, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-30 - "Registered interior designer" defined

As used in this article, the term "registered interior designer" means a person registered under this article as being qualified by education, experience, and examination to use the title "registered interior designer." In general, an interior designer performs services including preparation of documents relative to nonstructural interior construction, furnishings, finishes, fixtures, and equipment.
Amended by 2010 Ga. Laws 545,§ 3, eff. 6/2/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-31 - Duty of State Board of Architects and Interior Designers to grant certificates and administer provisions of article; registry

The Georgia State Board of Architects and Interior Designers shall grant certificates and administer the provisions of this article, and the board shall keep a registry of registered interior designers.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-32 - Application for certificate of registration; requirements; term of certificate; renewal

(a)
Any person wishing to use the title "registered interior designer" shall apply to the board for a certificate of registration as a registered interior designer.
(b)
Each applicant for certification as a registered interior designer shall meet the following requirements:
(1)
Is at least 21 years of age;
(2)
Has submitted a completed application as required by the board;
(3)
Has submitted the fees required by the board;
(4)
Provides proof of having passed the examination promulgated by the National Council for Interior Design Qualification or an examination approved by the board; and
(5)
Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board.
(c)
The examination requirement and education requirement specified in paragraph (4) of subsection (b) of this Code section shall be waived by the board until June 30, 1996, for any applicant who provides proof satisfactory to the board that the applicant has been an interior designer for at least ten years immediately prior to the date of the application and who:
(1)
Provides proof of having passed the entire examination promulgated by the National Council for Interior Design Qualification or an examination approved by the board; or
(2)
Has a four-year degree conferred by a college or university and who passes an examination approved by the board on life safety and accessibility codes, which examination is passed after January 1, 1990, and prior to the application for a certificate of registration.
(d)
A certificate of registration as a registered interior designer shall be valid for two years and shall be renewed biennially. An applicant for renewal of a certificate of registration shall pay a renewal fee and shall meet such continuing education requirements as the board may require by rule or regulation. The continuing education requirements shall not exceed 40 hours biennially.
Amended by 2008 Ga. Laws 775,§ 11, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-33 - Form of certificate of registration; seal

(a)
The board shall prescribe the form of a certificate of registration as a registered interior designer issued pursuant to the provisions of this article.
(b)
A registered interior designer shall be authorized to have a seal separate from the seal of registered architects. The seal of a registered interior designer shall be applied to drawings or other documents prepared by or under the responsible control of the registered interior designer, provided that the foregoing shall not prohibit any registered architect who has reviewed or supervised the preparation of drawings or other documents prepared by a registered interior designer from applying his or her seal to such drawings or other documents.
Amended by 2010 Ga. Laws 545,§ 4, eff. 6/2/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-34 - Scope of practice; effect on practice of architecture and interior decoration

(a)
Nothing in this article shall be construed as amending or in any manner affecting the definition of or practice of architecture as provided in Code Sections
43-4-1
and
43-4-14
.
(b)
Nothing in this article shall be construed as prohibiting an architect from practicing interior design, provided that an architect shall not use the title "registered interior designer" unless the architect has been granted a certificate of registration under this article.
(c)
Nothing in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paint, floor coverings, and lighting fixtures.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-35 - Applicability of provisions of Chapter 1 of this title

For the purposes of this article, all the powers and duties provided in Chapter 1 of this title apply, including but not limited to the authority to sanction or deny registration as provided for applicants and licensees in Code Section
43-1-19
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-36 - Registration of persons certified or registered in other states or foreign countries

Any person who has been certified or registered as an interior designer in another state or foreign country may be issued a certificate of registration by the board to use the title "registered interior designer," provided that such person demonstrates to the satisfaction of the board that he meets the requirements for registration in this state.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4 - ARCHITECTS (§§ 43-4-1 — 43-4-37) › Article 2 - REGISTERED INTERIOR DESIGNERS (§§ 43-4-30 — 43-4-37) › Section 43-4-37 - Unlawful use of title "registered interior designer."

(a)
It shall be unlawful for any person to use the title "registered interior designer" unless that person has been issued a certificate of registration as a registered interior designer as provided in this article.
(b)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-1 - Short title

This chapter shall be known and may be cited as the "Uniform Athlete Agents Act."
Amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-3 - Service of process agent for nonresident athlete agents

By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 4, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-4 - Certification of registration required; exception; agency contract void for noncompliance

(a)
Except as otherwise provided in subsection (b) of this Code section, an individual shall not act as an athlete agent in this state without holding a certificate of registration under this chapter.
(b)
Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing an agency contract, if:
(1)
A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(2)
Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(c)
An agency contract resulting from conduct in violation of this Code section shall be void, and the athlete agent shall return any consideration received under the contract.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Added by 2003 Ga. Laws 347, § 5, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-5 - Application for registration

An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this Code section is a public record. The application shall be in the name of an individual and state or contain the following and any other information required by the Secretary of State:
(1)
The name of the applicant and the address of the applicant's residence and principal place of business;
(2)
The name of the applicant's business or employer, if applicable;
(3)
Any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;
(4)
A description of the applicant's:
(A)
Formal training as an athlete agent;
(B)
Practical experience as an athlete agent; and
(C)
Educational background relating to the applicant's activities as an athlete agent;
(5)
The names and addresses of three individuals not related to the applicant who are willing to serve as references;
(6)
The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application;
(7)
The names and addresses of all persons who are:
(A)
With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and
(B)
With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5 percent or greater;
(8)
Whether the applicant or any person named pursuant to paragraph (7) of this Code section has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime;
(9)
Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this Code section has made a false, misleading, deceptive, or fraudulent representation;
(10)
Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this Code section resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution;
(11)
Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this Code section arising out of occupational or professional conduct; and
(12)
Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this Code section as an athlete agent in any state.
Amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 6, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-6 - Issuance, renewal, and term of certificate of registration

(a)
Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall issue a certificate of registration to an individual who complies with Code Section
43-4A-5
.
(b)
The Secretary of State may refuse to issue a certificate of registration if it is determined that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
(1)
Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;
(2)
Made a material false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(3)
Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4)
Engaged in conduct prohibited by this chapter;
(5)
Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state;
(6)
Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or
(7)
Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.
(c)
In making a determination under subsection (b) of this Code section, the Secretary of State shall consider:
(1)
How recently the conduct occurred;
(2)
The nature of the conduct and the context in which it occurred; and
(3)
Any other relevant conduct of the applicant.
(d)
The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the Secretary of State, and the applicant shall be allowed to appear before the Secretary of State if the applicant requests to do so in writing.
(e)
An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under this subsection is a public record.
(f)
A certificate of registration or a renewal of a registration shall be valid for a period of up to two years.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 8, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-7 - Discipline of registered agents; notice and hearing required

(a)
The Secretary of State may suspend, revoke, or refuse to renew a registration or may discipline a person registered by the Secretary of State for conduct that would have justified denial of registration under Code Section
43-4A-6
.
(b)
The Secretary of State may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing.
(c)
The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall be applicable to the Secretary of State and the provisions of this chapter.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2005 Ga. Laws 19,§ 43, eff. 4/7/2005.
Amended by 2003 Ga. Laws 347, § 9, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-8 - Fee for registration or renewal

An application for registration or renewal of registration shall be accompanied by such fee as shall be prescribed by the Secretary of State and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 10, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-9 - Temporary registration

The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending, upon receipt by the Secretary of State of a completed application for registration, surety bond, and fee and after approval by the Secretary of State. The Secretary of State may in his or her discretion issue a temporary registration to the applicant, which registration shall have the same force and effect as a permanent registration for such period of time prescribed by the Secretary of State, after which the temporary registration shall become void. A temporary registration may be voided by the Secretary of State at any time.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 11, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-10 - Required records; inspection by Secretary of State

(a)
An athlete agent shall retain the following records for a period of five years:
(1)
The name and address of each individual represented by the athlete agent;
(2)
Any agency contract entered into by the athlete agent; and
(3)
Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
(b)
Records required by subsection (a) of this Code section to be retained shall be open to inspection by the Secretary of State during normal business hours.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 12, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-11 - Penalty for violation

An athlete agent who violates Code Section
43-4A-14
shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 13, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-12 - Surety bond requirement; suspension for failure to maintain

(a)
An athlete agent shall deposit or have deposited with the Secretary of State, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the Secretary of State. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section
43-4A-13
or would be grounds for revocation of a license under this chapter. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each student athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent.
(b)
If any registrant fails to maintain such bond so as to comply with the provisions of this Code section, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on any business as an athlete agent during the period of suspension.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 14, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-13 - Prohibited activities of athlete agent

(a)
An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract:
(1)
Give any materially false or misleading information or make a materially false promise or representation;
(2)
Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
(3)
Furnish anything of value to an individual other than the student athlete or another registered athlete agent.
(b)
An athlete agent shall not intentionally:
(1)
Initiate contact with a student athlete unless registered under this chapter;
(2)
Refuse or fail to retain or permit inspection of the records required to be retained by this chapter;
(3)
Fail to register when required by this chapter;
(4)
Provide materially false or misleading information in an application for registration or renewal of registration;
(5)
Predate or postdate an agency contract; or
(6)
Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that such signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 15, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-14 - Notice of agency contract to athletic director of educational institution

(a)
Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
(b)
Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 17, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-15 - Requirements for agency contract; notice to student athlete; penalty for noncompliance; record for student athlete

(a)
An agency contract shall be in a record that is signed or otherwise authenticated by the parties.
(b)
An agency contract shall state or contain:
(1)
The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2)
The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract;
(3)
A description of any expenses that the student athlete agrees to reimburse;
(4)
A description of the services to be provided to the student athlete;
(5)
The duration of the contract; and
(6)
The date of execution.
(c)
An agency contract shall contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:
"WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT:
(1)
YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2)
IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3)
YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY."
(d)
An agency contract that does not conform to this Code section shall be voidable by the student athlete. If a student athlete voids an agency contract, the student athlete shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
(e)
The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 18, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-16 - Cancellation of contract by student athlete

(a)
A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
(b)
A student athlete shall not waive the right to cancel an agency contract.
(c)
If a student athlete cancels an agency contract, the student athlete shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 19, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-17 - Civil penalty

The Secretary of State may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 16, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-18 - Damages to educational institution; recovery

(a)
An educational institution has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. In an action under this Code section, the court may award to the prevailing party costs and reasonable attorney's fees.
(b)
Damages to an educational institution under subsection (a) of this Code section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(c)
A right of action under this Code section shall not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete.
(d)
Any liability of the athlete agent or the former student athlete under this Code section shall be several and not joint.
(e)
This chapter shall not restrict rights, remedies, or defenses of any person under law or equity.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 347, § 22, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4A - ATHLETE AGENTS (§§ 43-4A-1 — 43-4A-20) › Section 43-4A-19 - Uniformity in application between states

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Renumbered and amended by 2010 Ga. Laws 437,§ 2, eff. 7/1/2010.
Added by 2003 Ga. Laws 347, § 20, eff. 6/4/2003.