reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-6 - Cancellation or suspension of certificates of exemption

The commissioner of veterans service may cancel or suspend certificates of exemption at any time when it shall appear that the holder has become physically or financially ineligible to claim the exemption, that the certificate of exemption was procured through fraud or mistake, or that the person to whom such certificate was issued has permitted another to enjoy the benefits of such exemption. Any suspension or cancellation of the certificate of exemption may be made only after affording the person concerned an opportunity to be heard either by counsel or pro se. Service of ten days' written notice of the time and place the commissioner of veterans service expects to hear and determine the question of such suspension or cancellation shall be deemed sufficient notice when delivered by registered or certified mail or statutory overnight delivery or by any sheriff, deputy sheriff, marshal, constable, or police officer of any county or municipality of this state; and evidence of such service shall be deemed sufficient on proof of the receipt by the person concerned of the registered or certified item in which notice has been mailed or the return of service of any other officer.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-7 - Payment of income taxes by applicants for exemption

The commissioner of veterans service, upon request of the mayor or other executive officer of any municipality of this state, shall furnish such municipality with information as to the payment of income taxes by applicants for exemption under this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-8 - Restrictions on businesses, professions, or semiprofessions which may be engaged in

No person qualifying for a certificate of exemption under this chapter shall be licensed to peddle any item, conduct any business, or practice any profession or semiprofession which is prohibited by law. No person shall be licensed under this chapter to deal in or peddle intoxicating drinks; to operate a billiard, pool, or other table of like character; to deal in futures; or to carry on a business of pawnbroker or auctioneer.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-9 - Utilization of certificate of exemption by person other than lawful holder

No person receiving a certificate of exemption from the commissioner of veterans service shall allow the use of his or her name or the use of his or her certificate by any other person for carrying on any business or profession in this state for the purpose of avoiding any tax levied by the state or any county or municipality in this state. Any person allowing his or her certificate of exemption to be used in violation of this Code section shall be subject to having his or her certificate canceled by the commissioner of veterans service. Any person attempting to operate any business or profession under a certificate of exemption issued under this chapter who is not the true and lawful holder of such certificate shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-1 - Short title

This chapter shall be known and may be cited as the "Ignition Interlock Device Providers Act."
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-2 - Definitions

As used in this chapter, the term:
(1)
"Commissioner" means the commissioner of driver services.
(2)
"Department" means the Department of Driver Services acting directly or through its duly authorized officers and agents.
(3)
"Ignition interlock device" means a constant monitoring device certified by the commissioner which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath.
(4)
"Provider center" means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court.
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-3 - License to operate a provider center

No person shall operate a provider center or engage in the practice of providing, installing, or monitoring ignition interlock devices unless a license therefor has been secured from the department.
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-4 - Requirements for operating a provider center

(a)
Every person who desires to operate a provider center shall meet the following requirements:
(1)
Maintain an established place of business in the state which is open to the public;
(2)
Maintain a general liability policy of insurance, including products and completed operations, with not less than $50,000.00 of combined single limits, with an insurance carrier authorized by the Commissioner of Insurance to write policies in the state. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days' prior written notice to the department;
(3)
Provide a continuous surety bond in the principal sum of $10,000.00 for the protection of the contractual rights of individuals required to maintain an ignition interlock device in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $20,000.00 per location, and a single bond at such rate for all locations separately licensed and operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days' notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation;
(4)
Have the equipment and knowledge necessary to provide, install, and monitor ignition interlock devices as prescribed by the department; and
(5)
Pay to the department an application fee of $250.00.
(b)
The department shall conduct a records check for any applicant for certification as a provider center operator. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be licensed. The applicant shall be responsible for any fee or other charge allowed by law or rule or regulation promulgated by the department, the Georgia Crime Information Center, or the Federal Bureau of Investigation for the submission, processing, and review of such fingerprints.
(c)
No applicant shall be licensed or certified who does not meet the requirements set forth in Code Section
43-12A-6
.
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-5 - Provider not to operate under any name deceptively similar to another; franchising or licensing to another licensed provider; restrictions on certain individuals having stake in provider center

(a)
No provider center shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State.
(b)
This Code section shall not prohibit the franchising or licensing of any part or all of the name of a provider center by the owner of the rights therein to another licensed provider center.
(c)
A judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Driver Services or the Department of Behavioral Health and Developmental Disabilities, and any immediate family member thereof shall be prohibited from owning, operating, being employed by, acting as an agent or servant for, or having a financial interest in any provider center.
Amended by 2015 Ga. Laws 73,§ 5-92, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-7 - Issuance and renewal of license

(a)
The department shall issue a license certificate to each provider center operator when such person has met the qualifications required under this chapter. Each provider center shall be required to have a separate license for each location, but mobile units operating out of a particular licensed location need not be separately licensed.
(b)
All licenses issued to operators of provider centers pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section
43-12A-8
. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal.
(c)
The license of each provider center operator may be renewed subject to the same conditions as the original license and upon payment of a fee of $100.00.
(d)
All applications for renewal of a provider center operator's license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor fewer than ten days preceding the expiration date of the license to be renewed.
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-8 - Suspension of license

The department may cancel, suspend, revoke, or refuse to renew any provider center's license upon good cause being shown and after ten days' notice to the license holder if:
(1)
The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter;
(2)
The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver's license or permit;
(3)
The licensee fails to comply with this chapter or any rule of the department made pursuant thereto;
(4)
The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department;
(5)
The licensee or any employee or agent of the licensee directly or indirectly solicits business by personal solicitation on public property or in any department, agency, or office of the state which involves the administration of any law relating to motor vehicles, whether by telephone, mail, or electronic communications. A violation of this paragraph shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories, by a provider center shall not be considered a violation of this paragraph; or
(6)
The driver's license of the licensee has been canceled, suspended, or revoked.
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12A - IGNITION INTERLOCK PROVIDERS (§§ 43-12A-1 — 43-12A-9) › Section 43-12A-9 - Rules and regulations

(a)
The commissioner is authorized to prescribe, by rule, standards for the eligibility, conduct, and equipment required for a person to be licensed to operate a provider center and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.
(b)
The commissioner shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any provider center, agent, or employee that fails to comply with any requirement imposed by or pursuant to this chapter.
(c)
The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file in the superior court:
(1)
Wherein the person under order resides;
(2)
If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or
(3)
In the county wherein the violation occurred
a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter.
Added by 2006 Ga. Laws 587,§ 1, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-1 - Short title

This chapter shall be known and may be cited as "The Driver Training School and Commercial Driver Training School License Act."
Amended by 2003 Ga. Laws 353, § 9, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-3 - License requirement

No person shall operate a driver training school, operate a commercial driver training school, or engage in the business of giving instruction for hire to ten or more persons per calendar year in the driving of motor vehicles or in the preparation of an applicant for examination given by driver's license examiners for a driver's license or permit unless a license, a limited license, or a temporary driver training permit therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and a commercial driver training school.
Amended by 2006 Ga. Laws 591,§ 2, eff. 7/1/2006.
Amended by 2003 Ga. Laws 353, § 11, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-4.1 - Business names of driver training schools and commercial driver training schools

(a)
No driver training school or commercial driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State.
(b)
This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school or commercial driver training school by the owner of the rights therein to another licensed commercial driver training school.
Amended by 2006 Ga. Laws 591,§ 4, eff. 7/1/2006.
Added by 2003 Ga. Laws 353, § 13, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-5 - Qualifications of driver training school instructors

Every person who desires to qualify as an instructor for a driver training school or a commercial driver training school shall meet the following requirements:
(1)
Be of good moral character;
(2)
Present to the department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state or give satisfactory performance on a written, oral, performance, or combination examination administered by the department testing both knowledge of the field of driver education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall be established by the commissioner of driver services;
(3)
Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles;
(4)
Hold a valid driver's license;
(5)
Pay to the department an application fee to be established by the commissioner of driver services;
(6)
Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and
(7)
Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law.
Amended by 2010 Ga. Laws 633,§ 29, eff. 7/1/2010.
Amended by 2006 Ga. Laws 591,§ 5, eff. 7/1/2006.
Amended by 2003 Ga. Laws 353, § 14, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-6 - Issuance of licenses to qualified applicants; expiration and renewal of licenses

(a)
The department shall issue a license certificate to each operator of a driver training school, to each operator of a commercial driver training school, to each driver training instructor, or to each commercial driver training instructor when the department is satisfied that such person has met the qualifications required under this chapter.
(b)
All licenses issued to driver training schools, commercial driver training schools, driver training instructors, or commercial driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section
43-13-7
. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal.
(c)
The license of each driver training school, commercial driver training school, driver training instructor, and commercial driver training instructor may be renewed subject to the same conditions as the original license and upon payment of the same fee.
(d)
All applications for renewal of a driver training school's license, commercial driver training school's license, driver training instructor's license, or commercial driver training instructor's license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor less than ten days preceding the expiration date of the license to be renewed.
Amended by 2003 Ga. Laws 353, § 15, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-6.1 - Special licenses for driver training school instructors qualified to teach alcohol and drug course

(a)
The commissioner shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section
20-2-142
. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00.
(b)
Each applicant shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified.
(c)
The commissioner shall not issue a special license to any applicant unless he or she is a United States citizen, or if not a citizen, he or she presents federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law.
Amended by 2010 Ga. Laws 633,§ 30, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-6.2 - License to teach defensive driving course; license to serve as driver's license examiner

(a)
The commissioner of driver services shall be authorized to issue a special license to the instructor of any driver training school authorizing such instructor to teach a defensive driving course at a driver improvement clinic approved pursuant to Code Section
40-5-83
if such instructor is qualified to teach a driver education training course in accordance with Chapter 5 of Title 40 which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 300 hours of behind-the-wheel training in a driver education training course in accordance with Chapter 5 of Title 40.
(b)
The commissioner of driver services shall be authorized to issue a special license to the instructor of any driver training school authorizing such instructor to serve as a driver's license examiner and conduct tests required for issuance of a driver's license pursuant to subsection (d) of Code Section
40-5-27
if such instructor has held his or her license with a driver training school for at least six months and certifies to the commissioner that he or she has provided at least 500 hours of behind-the-wheel training.
Added by 2021 Ga. Laws 196,§ 10, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-7 - Cancellation, suspension, revocation, or nonrenewal of licenses

The department may cancel, suspend, revoke, or refuse to renew any driver training school's, commercial driver training school's, driver training instructor's, or commercial driver training instructor's license upon good cause being shown and after ten days' notice to the license holder if:
(1)
The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter;
(2)
The licensee fails to keep the records required by this chapter;
(3)
The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver's license or permit;
(4)
The licensee fails to comply with this chapter or any rule of the department made pursuant thereto;
(5)
The licensee represents himself or herself as an agent or employee of the department or license examiners or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department or license examiners;
(6)
The licensee or any employee or agent of the licensee solicits driver training or commercial driver training instruction in an office of any department of the state having to do with the administration of any law relating to motor vehicles; or
(7)
The licensee or any employee or agent serving as a driver training instructor or commercial driver training instructor has had his or her license canceled, suspended, or revoked.
Amended by 2003 Ga. Laws 353, § 16, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-7.1 - Notification in change of ownership for driver training school and other related programs

Whenever there is a change in ownership of a driver training school, DUI Alcohol or Drug Use Risk Reduction Program, or driver improvement program, the department shall be notified no later than 30 days after such change in ownership. After any change in ownership to any person otherwise qualified to operate a driver training school, DUI Alcohol or Drug Use Risk Reduction Program, or driver improvement program pursuant to this chapter or Title 40, the department shall consider the duration of operation of any previous owner in any required calculation for duration of operation by a successor owner.
Added by 2021 Ga. Laws 196,§ 11, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-8 - Rules and regulations; penalties; judicial review; judgments

(a)
The commissioner of driver services is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and commercial driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.
(b)
The commissioner of the department shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any driver training school or commercial driver training school that fails to comply with any requirement imposed by or pursuant to this chapter.
(c)
The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file, in the superior court:
(1)
Wherein the person under order resides;
(2)
If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or
(3)
In the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties.
Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter.
Amended by 2005 Ga. Laws 68,§ 25-2, eff. 7/1/2005.
Amended by 2003 Ga. Laws 353, § 17, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-9 - Disposition of funds

All moneys received under this chapter shall be deposited with the Office of the State Treasurer.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-10 - Exceptions to operation of chapter

(a)
This chapter shall not apply to a college conducting a driver or commercial driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality.
(b)
Any public or private secondary school or private postsecondary school may conduct driver training courses or driver's education programs, subject to the requirement that the provisions of this chapter other than paragraph (2) of Code Section
43-13-4
shall apply to secondary schools and private postsecondary schools conducting driver training courses or driver's education programs and to instructors therefor.
Amended by 2003 Ga. Laws 353, § 18, eff. 7/1/2003.
Amended by 2001 Ga. Laws 161.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 13 - INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAI NING SCHOOLS (§§ 43-13-1 — 43-13-11) › Section 43-13-11 - Penalty

Any person violating this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-1 - Declaration of purpose

This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage wiring, utility contracting, or conditioned air installations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, utility contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-4 - Chairperson; meetings; organization of divisions; meetings of divisions; quorums within divisions

(a)
The office of chairperson shall be rotated among the five divisions enumerated in Code Section
43-14-3
unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairperson.
(b)
The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members.
(c)
Each division within the board shall also elect from its membership a chairperson who shall serve for a term of two years. Any vacancy in the office of chairperson shall be filled by one of the members for the unexpired term.
(d)
Any member elected chairperson of a division may serve more than one consecutive term of office.
(e)
Each division shall carry out its powers and duties provided for in this chapter with the assistance of the executive director and staff of the board.
(f)
The divisions shall meet at the call of the chairperson.
(g)
Three members of each division shall constitute a quorum for the transaction of business of such division.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-5 - General powers of board

The board shall have the power to:
(1)
Request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such agencies and authorities shall furnish such requested available information to the board within a reasonable time;
(2)
Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low-voltage contractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, and certification; provided, further, that a similar privilege is offered to residents of this state;
(3)
Adopt an official seal for its use and change it at pleasure;
(4)
Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, utility, and conditioned air contracting;
(4.1)
Upon notice and hearing authorized and conducted in accordance with Code Section
43-14-10
and any rules and regulations promulgated by the board, either by the board directly or through a valid delegation of the board's enforcement power to a division thereof, assess civil penalties in an amount up to $10,000.00 per violation against any person found to be in violation of any requirement of this chapter;
(5)
Determine qualifications for licensure or certification including such experience requirements as the board deems necessary; and
(6)
Promulgate and adopt rules and regulations necessary to carry out this chapter.
Amended by 2004 Ga. Laws 485, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-7 - Powers and duties of division director

(a)
All orders and processes of the board and the divisions of the board shall be signed and attested by the division director; and any notice or legal process necessary to be served upon the board or the divisions may be served upon the division director.
(b)
The division director or his designee is vested with the power and authority to make such investigations in connection with the enforcement of this chapter and the rules and regulations of the board as he, the board, the divisions of the board, or any district attorney may deem necessary or advisable.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-8.3 - Utility manager certificate

(a)
After June 30, 1994, no person may be employed as a utility manager unless that person holds a current utility manager certificate issued by the Division of Utility Contractors.
(b)
The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination. In order to obtain a utility manager certificate, an applicant must submit proof of completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must present proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course.
(c)
An applicant may request an oral administration of the examination.
Amended by 2004 Ga. Laws 485, § 4, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-8.4 - Utility foreman certificate; presence of certified utility manager or certified utility foreman required

(a)
After June 30, 1994, no person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Division of Utility Contractors.
(b)
The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must submit proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified.
(c)
After June 30, 1994, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system.
Amended by 2004 Ga. Laws 485, § 5, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-9 - Display of license and registration number

(a)
Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business.
(b)
All commercial vehicles used by licensees and certificate holders exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration number issued by the Secretary of State's office. Such registration number shall also be prominently displayed on any advertising in telephone yellow pages and newspapers relating to work which a licensee or certificate holder purports to have the capacity to perform. Said registration number shall also be printed on all invoices and proposal forms.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-10 - Applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

This chapter shall be administered in accordance with 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 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-11 - Injunction for violation of chapter

Whenever it shall appear to a division of the board or to the executive director or to a county or municipal inspection authority that any person is or has been violating this chapter or any of the lawful rules, regulations, or orders of the board, the division of the board, the local inspection authority, or the appropriate prosecuting attorney may file a petition for an injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided for by law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 14 - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS (§§ 43-14-1 — 43-14-18) › Section 43-14-12.1 - Evidence of violation; cease and desist orders; fines; other penalties for violations

(a)
If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section
43-14-8
, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person.
(b)
It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor advertises that such person is in the business or profession of a conditioned air contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in the business or profession of a conditioned air contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, radio, telephone directory, mailings, business cards, or sign at place of business or attached to a vehicle.
(c)
Notwithstanding the provisions of Code Section
43-1-20.1
, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor without a license as required under this chapter.
(d)
The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation.
(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 2001 Ga. Laws 281, § 2, eff. 7/1/2001.