reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-36 - Impaneling of jury to hold inquest; compensation of jurors

The coroner shall summon and impanel five jurors and one alternate juror to hold an inquest, which jurors shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for the next succeeding year but such compensation shall not be less than $5.00 nor more than $25.00 per diem. It shall be the duty of the coroner or other person discharging the duties of the coroner to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juror for his services.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-37 - When jury to be impaneled; jury not required to view body

No coroner's jury shall be impaneled until the investigation is completed and copies of the reports of the medical examiner and the peace officer in charge are received by the coroner. The jury is not required to view the body.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-38 - Issuance of precept to sheriff to summon inquest jury; form

Whenever a coroner receives notice of the death of any person within the limits of the county of which he is coroner, which death occurred under circumstances which make it his duty, under the law, to hold an inquest, he shall make out a precept directed to the sheriff or any constable of the county having jurisdiction requiring him to summon a jury of inquest selected from the grand jury or traverse jury lists of the last excused term of the superior court of such county to appear before the coroner at the time and place mentioned in the precept, which precept may be in the following form:
State of Georgia
__________________ County
To the sheriff or any lawful constable of said county,
Greeting:
You are required immediately to summon six persons of said county, chosen from the lists of grand jurors and traverse jurors of the last excused term of the superior court of said county, to be and appear before me, the undersigned, coroner of the county aforesaid, at __________________, in said county, on the __________________ day of __________________ at __________________ :__________________ __________________. M. of that same day, then and there to inquire of, do, and execute all such things as in behalf of the state shall be given them in charge concerning the death of __________________ (or a person unknown, as the case may be), and be you then and there with this precept to certify what you have done in the premises and further to do whatsoever else may in behalf of the state be enjoined upon you.
Given under my hand and seal, this the __________________ day of __________________, in the year of our Lord __________________.
__________________ Coroner (L.S.)
Such precept shall be immediately executed by the sheriff or constable in whose hands it may be placed; and, if the services of the sheriff or a constable cannot be conveniently obtained, the coroner may summon the jury himself.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-39 - Oath for foreperson and jury of inquest

(a)
The following oath shall be administered to the foreman of the jury by the coroner:
"You, as foreman of the inquest, shall diligently inquire and true presentment make, on behalf of the State of Georgia, how and in what manner __________________ (or a person deceased, unknown, as the case may be) came to his death and of such other matters relating to the same as shall be lawfully required of you, according to evidence, so help you God."
(b)
The remainder of the jury shall be sworn by the coroner as follows:
"The same oath which the foreman of this inquest has taken on his part each of you shall observe and keep upon your part, so help you God."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-40 - Coroner's charge to jury; power of jury

(a)
The coroner shall charge the jurors to declare, and they shall so declare, whether the person for whom the inquest is held died by:
(1)
Homicide;
(2)
Suicide;
(3)
Accident;
(4)
Natural causes; or
(5)
Undetermined causes
and all of the circumstances relating to the death.
(b)
The jury shall have full and unrestricted power to inquire and pass upon all the matters and things thus given them in charge and they shall have this power even if the whole or a part of the charge is omitted.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-41 - Defaulting juror to be fined by coroner

Any juror failing to attend and serve on a coroner's inquest after being duly summoned may be fined by the coroner in a sum not exceeding $100.00 to be levied and collected by execution issued by the coroner unless such defaulting juror shall file in the office of the judge of the probate court a good and sufficient excuse for the default to be judged by the next probate court held thereafter.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-42 - Offering in evidence of results of examination

In all inquests the results of the medical examiner's inquiry performed shall be offered in evidence either by oral testimony of the medical examiner or by introduction of a copy of the report filed with the director of the division, as verified in the cases requiring verification. The jury shall be free to reach a verdict in accord or discord with such evidence but in all cases such evidence must be presented to them for their consideration.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-43 - [Repealed] Receipt as evidence of records, findings, and reports of medical examiners' inquiries

Repealed by 2011 Ga. Laws 52,§ 88, eff. 1/1/2013.
Reserved. Repealed by Ga. L. 2011, p. 99, § 88/HB 24, effective January 1, 2013.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-44 - Disposition of bodies after examination and inquest; payment of burial expenses from deceased's estate

After the medical examiner's inquiry and inquest have been completed, the dead body shall be delivered to the person legally entitled thereto for burial. If no person claims the body, it shall be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has an estate out of which burial expenses can be paid, either in whole or in part, such estate shall be taken for such purpose before any expense under this Code section is imposed upon any county.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-45 - Authority of coroners and medical examiners to disinter bodies

In order to implement this article, coroners are authorized to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose. Medical examiners, other than local medical examiners, may likewise exercise such authority in any case wherein such authority is granted by an order of the judge of the superior court of the county. Such orders may be granted by judges of the superior courts, in their discretion, upon petition of any medical examiner other than a local medical examiner.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-46 - Obtaining blood sample when person unable to consent; analysis of blood specimens; certified report

When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his or her consent to the taking of a sample of blood for analytical purposes, the coroner or peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances or in the case of a dead body and where appropriate for the presence of infectious agents. The blood may be drawn by the medical examiner or at the medical examiner's direction. The medical examiner or his or her designee shall be entitled to a fee set in accordance with Code Section
35-3-151
for performing these services, which fee shall be paid in the same manner as set out in Code Section
45-16-22
. The peace officer may also request any licensed physician, nurse, emergency medical technician, medical or laboratory technician, or other qualified person to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a report shall be submitted by the division to the submitting officer.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-47 - Penalty for violation of article

Except as provided in Code Section
45-16-30
, any person who violates this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-48 - Coroner's employment of court reporter

A coroner may be authorized to employ, at his discretion, a court reporter who is certified under Article 2 of Chapter 14 of Title 15, "The Georgia Court Reporting Act," to record the proceedings of any inquest. The cost of acquiring the services of a certified court reporter shall be paid from the funds of the county where the inquest is held.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-49 - Fees

The fees heretofore authorized to be paid in cases arising under this article prior to May 1, 1997, shall continue to be paid at the rate specified therein until such time as the Board of Public Safety promulgates rules prescribing such fees as provided by paragraph (5) of Code Section
35-3-151
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-50 - Providing biological substances to canine instructors or schools

A medical examiner within the state of Georgia is authorized to provide to an approved canine instructor or school certain biological substances such as human blood or bodily fluids for the sole purpose of utilizing such substances for the training and handling of police canines in body recovery of human remains or rescue of persons. Such biological substances shall be contained and transported in accordance with appropriate health and safety standards.
Added by 2009 Ga. Laws 103,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-51 - Interment of unidentified human remains; disinterment for identification

(a)
The chief medical examiner shall be authorized to inter unidentified human remains after the peace officer in charge has exhausted all efforts in identifying such remains.
(b)
Notwithstanding Code Section
45-16-45
, the chief medical examiner shall have the authority to disinter remains interred pursuant to subsection (a) of this Code section when the chief medical examiner determines that further information can be obtained or further testing can be performed that may result in the identification of such remains.
Added by 2018 Ga. Laws 358,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-60 - Short title

This article shall be known as "The Georgia Coroner's Training Council Act."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-61 - Definitions

As used in this article, the term:
(1)
"Certified coroner" means a coroner who has the appropriate required certificate of training issued by the council on file with the Board of Public Safety.
(2)
"Coroner" means any person appointed or elected in a county to serve as coroner or deputy coroner.
(3)
"Council" means the Georgia Coroner's Training Council.
(4)
"School" means any school, college, university, academy, or training program approved by the council and the Board of Public Safety which offers basic, in-service, advanced, specialized, or continuing training, or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meets the standards required by the council.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-62 - Council established; membership; terms of office; curriculum advisory committee; filling of vacancies

(a)
There is established a council which shall be known and designated as the "Georgia Coroner's Training Council" which shall be composed of the superintendent of the Georgia Police Academy or his designee, which member shall not be a voting member; five coroners appointed by the Board of Public Safety, three of whom will be selected from a list of five persons recommended by the Georgia Coroner's Association; and one physician trained in forensic pathology and appointed by the Board of Public Safety, which physician member shall not be a voting member of the council but shall advise the council regarding the training course curriculum for coroners. The term of office of the physician member appointed in 1990 shall begin September 1, 1990, and that and all subsequent terms for that office shall be for four years and until the appointment and qualification of a successor. The five coroners appointed shall serve for terms of four years. The term of office of the member initially appointed in 1987 shall begin September 1, 1987. Upon the expiration of a member's term of office, such member shall continue to serve on the council until his successor is appointed and qualified. Any person, other than the physician member, appointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council. The Georgia Police Academy shall establish a curriculum advisory committee to provide information beneficial to the development of courses at the Georgia Police Academy. Members of the committee will be selected by the superintendent of the Georgia Police Academy.
(b)
Membership on the council does not constitute public office, and no member shall be disqualified from holding office by reason of his membership.
(c)
Vacancies on the council shall be filled as provided in subsection (a) of this Code section for the remainder of the unexpired term.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-63 - Oath of office; issuance of certificates of appointment

Immediately and before entering upon the duties of office, the members of the council shall take the oath of office and shall file the same with the Board of Public Safety, which, upon receiving the oath of office, shall issue to each member a certificate of appointment.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-64 - Council officers; quorum; record keeping; annual reports

(a)
The council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect from among its members a chairman and a vice-chairman who shall serve until the first meeting in the succeeding year. Thereafter, the chairman and the vice-chairman shall be elected at the first meeting of each calendar year.
(b)
The superintendent of the Georgia Police Academy or his designee shall serve as secretary to the council.
(c)
A simple majority of the councilmembers shall constitute a quorum for the transaction of business.
(d)
The council shall maintain minutes of its meetings and such other records as it deems necessary.
(e)
The council shall report at least annually to the Board of Public Safety and to the General Assembly as to its activities.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-65 - Powers and duties of council generally

The council is vested with the following functions, powers, and responsibilities:
(1)
To make all the necessary rules and regulations to carry out this article;
(2)
To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article;
(3)
To approve schools and to prescribe minimum qualifications for instructors at approved schools;
(4)
To issue a certificate of certification to any coroner satisfactorily complying with an approved training program;
(5)
To withdraw or suspend the certification of any coroner who has performed or is performing the duties of a coroner in violation of this chapter;
(6)
To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it;
(7)
To review complaints from outside parties and make recommendations concerning the retention, suspension, or removal of a coroner from his or her position; and
(8)
To prescribe, by rules and regulations, the minimum requirements for curricula and standards composing the initial in-service, advanced, specialized, and continuing training courses for certification.
Amended by 2019 Ga. Laws 262,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-66 - Annual training requirement for certified coroners; fees

(a)
In order to maintain the status of a certified coroner, each person certified as such shall complete such additional training per annum during each year in which he or she serves as coroner as provided by the Georgia Coroner's Training Council in its rules and regulations, but such training course shall not be less than 16 hours per year. Each coroner and deputy coroner shall file a certificate of additional training with such council.
(b)
No person serving as a coroner shall charge or collect any fee, charge, or cost of any kind for his services, including those fees specified in this article, unless such person is a certified coroner.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 3 - GEORGIA CORONER'S TRAINING COUNCIL (§§ 45-16-60 — 45-16-67) › Section 45-16-67 - Actions to restrain violations of this article

On its own initiative or on the verified complaint of any person that a person has performed or is performing the duties of coroner in violation of this article, the council may file an action seeking equitable relief in its own name in the superior court of any county in this state having jurisdiction of such person. Such action shall allege the facts and pray for a temporary restraining order and temporary injunction against such person restraining him from violating this article. Upon proof thereof, the court shall issue a restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the plaintiff has no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other remedy which the council has.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-1 - Definitions

As used in this article, the term:
(1)
"Attesting" and "attestation" are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such notarial act does not involve the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a verification, or the certification of a copy.
(2)
"Notarial act" means any act that a notary public is authorized by law to perform and includes, without limitation, attestation, the taking of an acknowledgment, the administration of an oath or affirmation, the taking of a verification upon an oath or affirmation, and the certification of a copy.
(3)
"Notarial certificate" means the notary's documentation of a notarial act.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-1.1 - Power to appoint notaries public

The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-2 - Qualifications of notaries

(a)
Any individual applying for appointment to be a notary public shall:
(1)
Be at least 18 years old;
(2)
Be a United States citizen or be a legal resident of the United States;
(3)
Be a legal resident of the county from which such individual is appointed;
(4)
Have, and provide at the time of the application, the applicant's operating telephone number; and
(5)
Be able to read and write the English language.
(b)
The qualification of paragraph (3) of subsection (a) of this Code section shall not apply to any nonresident individual applying for appointment as a notary public under the provisions of Code Section
45-17-7
.
Amended by 2007 Ga. Laws 127,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-2.2 - Application information to be matter of public record

The information in the application for appointment and commissioning as a notary public shall be a matter of public record.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-2.3 - Grant or denial of commission or recommission; grounds; unauthorized practice of law

(a)
After an applicant submits to the clerk of superior court of the county the application, endorsements, and declaration of applicant as required in Code Section
45-17-2.1
, the clerk of superior court shall either grant or deny a commission or recommission as a notary public within ten days following the applicant's submission of the necessary documents.
(b)
The clerk of superior court may in his or her discretion deny a commission or recommission to an applicant based on any of the following grounds:
(1)
The applicant's criminal history;
(2)
Revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by this or any other state;
(3)
The commission in this or any state of any act enumerated in subsection (a) of Code Section
45-17-15
, whether or not criminal penalties or commission suspension or revocation resulted; or
(4)
The applicant is found by the State Bar of Georgia, a court of this state, or a court of any other state to have engaged in the unauthorized practice of law.
(c)
Any applicant who is denied a notarial commission or recommission by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury.
Amended by 2002 Ga. Laws 777, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-3 - Oath of office

Before entering on the duties of his office, each notary public shall take and subscribe before the clerk of the superior court the following oath, which shall be entered on his minutes:
"I, __________________, do solemnly swear or affirm that I will well and truly perform the duties of a notary public to the best of my ability; and I further swear or affirm that I am not the holder of any public money belonging to the state and unaccounted for, so help me God."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-4 - Fees; Secretary of State to keep record of notaries appointed; reappointment

Before a certificate shall be issued to a notary public, he or she shall pay to the clerk of the superior court the sum prescribed by Code Section
15-6-77
, relating to fees of clerks of the superior courts, from which amount the clerk shall be entitled to cover his or her services in issuing the certificate of appointment as notary public, administering the oath, and recording the same. The amount by which the sum prescribed by Code Section
15-6-77
exceeds the amount which the clerk is required by this Code section to forward to the Georgia Superior Court Clerks' Cooperative Authority is what the clerk shall use to cover his or her services. The clerk shall immediately send a copy of the certificate of appointment, under his or her seal of office, and $2.00 to the Georgia Superior Court Clerks' Cooperative Authority which shall keep a record showing the names of the notaries public appointed with their addresses, signatures, ages, sex, and the terms for which their commissions run; and such amount shall cover the cost of the Georgia Superior Court Clerks' Cooperative Authority in keeping such records. On reappointment as notaries public, the sum prescribed by Code Section
15-6-77
shall be paid to the clerk of the superior court and disbursed in the same manner as the fee for the original appointment is disbursed under this Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-5 - Term of office; revocation; renewal of commission; issuance of certificates of appointment; record of appointments; misrepresentation as notary

(a)
Each notary public shall hold office for four years, subject to revocation at any time by the clerk of the superior court, at the end of which time, on petition, his commission may be renewed by order of the clerk for a like term. Renewal of a notary public commission may be done in person or by mail at the discretion of the clerk of superior court. The clerk of the superior court shall issue to each notary public a certificate of his appointment and qualifications, which certificate shall contain the name, address, age, and sex of the appointee, the date the certificate was issued, and the term for which the appointment runs. The clerk shall also keep a record of the names, addresses, signatures, ages, sex, and the terms of all notaries public whom he appoints.
(b)
At the time the clerk of the superior court issues a certificate of appointment as provided in subsection (a) of this Code section, said officer shall also issue to the appointee a duplicate original of such certificate. The presentation of such duplicate original, either by mail or in person, to the supplier of a notary public seal shall be necessary to authorize such supplier to make up a notary public seal and deliver it to the appointee.
(c)
It shall be unlawful for any person to hold himself or herself out as a notary public or to exercise the powers of a notary public unless such person has an unexpired commission as a notary public.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-6 - Seal of office

(a)
(1)
For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for its impression his name, the words "Notary Public," the name of the state, and the county of his residence; or it shall have for its impression his name and the words "Notary Public, Georgia, State at Large." Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words "Notary Public," the name of the state, and the county of his appointment. The embossment of notarial certificates by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must be documented by the notary's seal.
(2)
No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary seal.
(b)
It shall be unlawful for any person, firm, or corporation to supply a notary public seal to any person unless the person has presented the duplicate original of the certificate commissioning the person as a notary public. It shall be unlawful for any person to order or obtain a notary public seal unless such person is commissioned as a notary public.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-7 - Commissioning of nonresidents as notaries; powers and duties

(a)
Any person who is a resident of a state bordering on the State of Georgia and who carries on a business or profession in the State of Georgia or who is regularly employed in the State of Georgia may be commissioned as a notary public by the clerk of the superior court of the county in which the person carries on said profession, business, or employment.
(b)
Such person wishing to be commissioned as a notary public must meet all the requirements of Code Section
45-17-2
, as it applies to this Code section.
(c)
Such person shall submit the application, endorsements, and declaration of applicant as required by Code Section
45-17-2.1
to the clerk of superior court in the county in which such person carries on such profession, business, or employment. The clerk of superior court shall approve or deny such application based on the provisions of Code Section
45-17-2.3
. Upon approval and payment of the usual fees to the clerk, the applicant shall be issued a certificate as a notary public of this state and shall be authorized to perform all of the duties and exercise all of the powers and authorities relating to notaries public who are residents of this state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-8.1 - Signature and date of notarial act

(a)
Except as otherwise provided in this Code section, in documenting a notarial act, a notary public shall sign on the notarial certification, by hand in ink, only and exactly the name indicated on the notary's commission and shall record on the notarial certification the exact date of the notarial act.
(b)
The requirement of subsection (a) of this Code section for recording of the date of the notarial act shall not apply to an attestation of deeds or any other instruments pertaining to real property.
(c)
No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the present or any prior requirements of this Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-8.2 - Misrepresentation prohibited; required notice; posting of schedule of fees; penalties

(a)
A notary shall not make claims to have or imply he or she has powers, qualifications, rights, or privileges that the office of notary does not authorize, including the powers to counsel on immigration matters and to give legal advice.
(b)
A notary who is not an attorney licensed to practice law in this state who advertises the person's services as a notary public in English or any other language, by radio, television, signs, pamphlets, newspapers, other written communication, or in any other manner, shall post or otherwise include with the advertisement the notice set forth in this subsection in English and in every other language used for the advertisement. The notice shall be of a conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF GEORGIA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the advertisement is made by radio or television, the statement may be modified but must include substantially the same message.
(c)
A notary who is not an attorney licensed to practice law in this state is prohibited from representing or advertising that the notary is a "legal consultant" or an expert on legal matters.
(d)
A notary who is not an attorney licensed to practice law in this state is prohibited from rendering any service that constitutes the unauthorized practice of law.
(e)
A notary required to comply with the provisions of subsection (b) of this Code section shall prominently post at the notary public's place of business a schedule of fees established by law which a notary may charge. The fee schedule shall be written in English and in any non-English language in which the notary services were solicited and shall contain the notice required in subsection (b) of this Code section, unless the notice is otherwise prominently posted at the notary public's place of business.
(f)
The Attorney General or prosecuting attorney may seek injunctive relief against any notary public who violates the provisions of this Code section. Nothing in this Code section diminishes the authority of the State Bar of Georgia.
(g)
A violation of subsection (c) or (d) of this Code section constitutes a deceptive trade practice under Code Section
10-1-427
in addition to any other penalties provided by law.
Amended by 2002 Ga. Laws 777, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-9 - Where notarial acts may be exercised

Notarial acts may be exercised in any county in the state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-10 - Notary's authority in relation to attachment, garnishment, or dispossessory action

It shall not be lawful for notaries public to issue attachments or garnishments, to approve bonds for the purpose of issuing attachments or garnishments, or to issue a summons in a dispossessory case; but a notary may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, no writ or summons in said matter shall issue without first having judicial approval as provided by law.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-11 - Fees of notaries

(a)
The fees of notaries public shall be as follows:
(1)
Administering an oath in any case ........................................
$ 2.00
(2)
Each attendance on any person to make proof as a notary public and certifying to same ........................................
2.00
(3)
Every other certificate ........................................
2.00
(b)
It shall not be lawful for any notary public to charge a greater sum than $4.00 for each service performed. Said sum shall include a fee of $2.00 for performing the notarial act and a fee of $2.00 for an attendance to make proof as a notary public and certifying to same if such certification, which shall be issued by the clerk of superior court of the county in which the notary public was appointed or the Georgia Superior Court Clerks' Cooperative Authority, is required. Registering shall be paid for by the party who has the service performed. The fee for all official acts which the notary may perform shall be the same as those prescribed for other officers who are likewise permitted to perform them.
(c)
A notary public need not charge fees for notarial acts.
(d)
A notary public shall inform the person requesting any notarial act, prior to performing the act, the fees permitted for each act.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-12 - Authority of notaries who are stockholders, directors, officers, or employees of banks or other corporations to witness execution of written instruments

(a)
As used in this Code section, the term:
(1)
"Bank" or "other corporation" means a bank or other corporation organized under the laws of this or any other state or the United States.
(2)
"Written instrument," without limiting the generality of meaning of such words, means deeds, mortgages, bills of sale to secure debt, deeds to secure debt, deeds of trust, contracts, legal pleadings, affidavits, certificates, or any other like instruments.
(b)
It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation. Any such notary public may act and sign as official witness to the execution by any party of any written instrument executed to or by such bank or other corporation. Any such notary public may administer an oath to any other stockholder, director, officer, employee, or agent of such bank or other corporation or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such bank or other corporation, provided that it shall be unlawful for any notary public to act and sign as official witness to or take the acknowledgment of an instrument executed by or to a bank or other corporation of which he is a stockholder, director, officer, or employee where such notary would be witnessing or acknowledging his own signature as it appears on the instrument either in his capacity as an individual or in his representative capacity with the bank or other corporation or to protest any negotiable instrument owned or held for collection by such bank or other corporation where such notary is individually a party to such instrument.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-13 - Change of residence, address, or name

(a)
Every notary public shall notify in writing the appointing clerk of superior court and provide a copy of such notice to the Georgia Superior Court Clerks' Cooperative Authority of any change in the notary's residence or business address, whichever was used for the purpose of appointment, and of any change in the notary's telephone number. The notice shall contain both the old and new addresses and must be received by the clerk of superior court within 30 days of the change.
(b)
(1)
Every notary public shall notify in writing the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority, of any change in the notary's name. The notice shall contain both the old and new names, the new signature, and any new address and must be received by the clerk of superior court within 30 days of the change.
(2)
A notary with a new name may begin to officially sign the new name on notarial certificates when the following steps have been completed:
(A)
The notice described in paragraph (1) of this subsection has been received by the appointing clerk of superior court;
(B)
A confirmation of the notary's name change has been received from the appointing clerk of superior court; and
(C)
A new seal bearing the new name exactly as indicated in the confirmation has been obtained.
Amended by 2008 Ga. Laws 471,§ 45, eff. 5/12/2008.
Amended by 2007 Ga. Laws 127,§ 3, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-14 - Notice of loss or theft of notarial seal

Within ten days of the loss or theft of an official notarial seal, the notary public shall send to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority, a written notice of the loss or theft.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-15 - Revocation of commission; denial of reappointment

(a)
The appointing clerk of superior court may by letter, with a copy to the Georgia Superior Court Clerks' Cooperative Authority, revoke the commission or deny the reappointment of any notary public who:
(1)
Violates any provision of this chapter;
(2)
Performs any notarial act in violation of Code Section
45-17-8
;
(3)
Is found to have submitted an application or endorsement for a notarial commission containing substantial and significant misstatement or omission of fact;
(4)
Ceases to reside or work or have a business in this state; or
(5)
Becomes incapable of reading and writing the English language.
(b)
Any notary public whose commission has been revoked shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-16 - Revocation of commission; return of papers; destruction of seal

Within ten days after receiving notice from the appointing clerk of superior court that a notarial commission has been revoked, an individual shall send or deliver to the appointing clerk of superior court all papers of appointment. Such individual shall also destroy the official notarial seal.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-17 - Resignation of commission; return of papers; destruction of seal

A person who wishes to resign a notarial commission shall send a signed letter of resignation to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority, and all papers of appointment. The resigning notary public shall destroy the official notarial seal.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 17 - NOTARIES PUBLIC (§§ 45-17-1 — 45-17-34) › Article 1 - GENERAL PROVISIONS (§§ 45-17-1 — 45-17-20) › Section 45-17-18 - Destruction of seal upon expiration or denial of renewal of commission

A notary public whose commission expires and who does not apply for renewal of such commission or whose application for renewal of a commission is denied shall destroy the official notary seal.