reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-15 - Issuance of business license by municipalities or other political subdivisions; local business license fees and occupation taxes

(a)
No municipal corporation or other political subdivision of the state may issue a business license to any person to engage in the business of structural pest control unless the applicant therefor shall submit proof of his compliance with this chapter.
(b)
Persons licensed under this chapter shall be subject to Article 1 of Chapter 13 of Title 48.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-16 - Promulgation of regulations

The commission and the Commissioner may promulgate such regulations as are necessary to establish, obtain approval of, and implement a state plan for certification of applicators, pursuant to Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-17 - Enforcement authority of Commissioner

The Commissioner is authorized and directed to enforce this chapter and rules and regulations promulgated under this chapter and is authorized to utilize any employee of the Department of Agriculture. The Commissioner may inspect any materials used or work performed by persons engaged in the business of household pest control, wood-destroying organism control, or fumigation in this state. The Commissioner shall be authorized, after notice and hearing, to revoke, suspend, or cancel any license, certification, or registration issued under this chapter for a violation of this chapter or the rules and regulations promulgated under this chapter, for conviction or imposition of a final order imposing a civil penalty pursuant to Section 14 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, or for conviction of a crime involving moral turpitude. It is the intent and purpose of this chapter to provide for the enforcement of this chapter by the Commissioner and to provide for the licensing, certification, and registration of those persons engaged in the business of structural pest control by the commission. It is the further intent of this chapter to provide that the commission shall advise the Commissioner with respect to the enforcement of this chapter. In connection therewith, the Commissioner, his designated agent, or a designated hearing officer is authorized to exercise the authority granted the commission to hold hearings, subpoena witnesses, and compel the production of documents and papers.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-18 - Applicability of the "Georgia Administrative Procedure Act."

Proceedings under this chapter shall be governed by 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 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-19 - Inspection of licensees' records by Commissioner

The Commissioner or his agents shall have during regular business hours the right to see, examine, and inspect any and all records of any licensee pertaining to the operations of the licensee within the provisions of this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-20 - Injunctions

The Commissioner may institute a civil action to enjoin any violation of this chapter or any rule or regulation promulgated under this chapter. A violation of this chapter or any rule or regulation promulgated pursuant to this chapter is declared to constitute a public nuisance, and such action for injunction may be maintained notwithstanding the existence of other legal remedies and notwithstanding the pendency or successful completion of a criminal prosecution.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-21 - Exceptions to operation of chapter

(a)
This chapter shall not apply to any person doing work on his own property or to any regular employee of any person, firm, or corporation doing work on the property of such person, firm, or corporation under the direct supervision of the person who owns or has charge of the property on which the work is being done; provided, however, that nothing contained in this chapter shall authorize any person to endanger the public health or safety through the use of any pesticide or other substance for the purpose of structural pest control or through the violation of any other state or federal law or regulation.
(b)
This chapter shall not apply to agencies of the federal, state, county, or municipal governments or to agents thereof in the performance of official duties.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-22 - Authority to refuse license to applicant convicted of violation of chapter

Nothing in this chapter shall require the commission to issue a license to an applicant who has been convicted of a violation of this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-23 - Interference with or obstruction of inspector

Any person who shall interfere with or obstruct any inspector or other employee or agent of an authorized enforcement agency in the performance of his duties shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-24 - Engaging in pest control business without a license; engaging in field work or soliciting accounts without registering or obtaining certification

(a)
Any person, firm, corporation, association, or any other organization or combination thereof who shall engage in, solicit, supervise, advertise, represent himself to be in, hold himself out as being in, or purport to be, a manager, owner, operator-owner, operator or agent (other than a registered employee), or agent in household pest control, control of wood-destroying organisms, fumigation, or related work, without having first secured a license issued for that purpose by the commission, shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section
17-10-4
. Each violation shall constitute a separate offense.
(b)
Any certified operator, registered employee, or employee or agent of a licensee who shall engage in field work or solicit accounts covered by this chapter and the rules and regulations promulgated hereto, without having first registered or obtained certification under this chapter, shall be guilty of a misdemeanor.
Amended by 2002 Ga. Laws 847, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 45 - PERSONS ENGAGED IN STRUCTURAL PEST CONTROL (§§ 43-45-1 — 43-45-26) › Section 43-45-25 - Penalty

Except as otherwise provided in this chapter, any person violating this chapter shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section
17-10-4
. Each such violation shall constitute a separate offense.
Amended by 2002 Ga. Laws 847, § 4, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46 - TRANSIENT MERCHANTS (§§ 43-46-1 — 43-46-7) › Section 43-46-2 - "Transient merchant" defined

As used in this chapter, the term "transient merchant" means any person, firm, or corporation, as principal or agent, or both, which is not a regular retail or wholesale merchant with a permanent place of business in this state, but rather one who displays samples, model goods, wares, or merchandise in any lot, building, room, or structure of any kind, whether fixed or mobile, for the purpose of securing orders for the retail sale of such items or items of like kind or quality for immediate or future delivery. The term "transient merchant" shall not include any person, firm, or corporation which:
(1)
Sells agriculture or forestry products;
(2)
Makes house-to-house or personal calls for the purpose of displaying samples or taking orders for shipment directly from a manufacturer;
(3)
Conducts business at any industry or association trade show; or
(4)
Sells items at a rummage, garage, antique, or similar sale when such person, firm, or corporation is a resident of this state or has a permanent place of business within this state and such sale is not part of the regular business activity of such person, firm, or corporation or when the net proceeds of such sale are to be used for charitable purposes.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46 - TRANSIENT MERCHANTS (§§ 43-46-1 — 43-46-7) › Section 43-46-3 - Prerequisites to engaging in business as a transient merchant

(a)
It shall be unlawful for any transient merchant which is a corporation to engage in business in any county of this state unless such transient merchant shall comply with all applicable provisions of Title 14, relating to corporations, and obtain a license.
(b)
It shall be unlawful for any transient merchant which is not a corporation to engage in business in any county of this state unless said transient merchant shall have and continuously maintain a registered agent or agents as provided in Code Section
43-46-5
and shall obtain a license.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46 - TRANSIENT MERCHANTS (§§ 43-46-1 — 43-46-7) › Section 43-46-4 - Filing application for license with county authorities; contents; fee; transfer of license; scope of license

(a)
Any transient merchant shall file an application for a license in each county in which the merchant wishes to transact business. The application shall be filed with the tax collector, the tax commissioner, or the county officer who issues business licenses. Such application shall include, but shall not be limited to, the following:
(1)
The name and permanent address of the transient merchant;
(2)
The name and permanent address of the transient merchant's registered agent or office;
(3)
The type of business to be conducted; and
(4)
The date and state of incorporation, when said transient merchant is a corporation.
(b)
At the time the application is filed, the applicant shall pay a license fee in an amount to be fixed by the governing authority of the county, which shall be paid into the general county treasury. After the applicant has complied with all the provisions of this chapter, a transient business license shall be issued. Such license is not transferable, is valid only within the territorial limits of the issuing county, is valid only for the business stated on the application, and shall expire one year from the date issued.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46 - TRANSIENT MERCHANTS (§§ 43-46-1 — 43-46-7) › Section 43-46-5 - Registered agents for receipt of process, notice, or demands; procedure if no registered agent designated

(a)
Any transient merchant required to have a registered agent under Code Section
43-46-3
shall file the name and permanent address of such registered agent with the clerk of the superior court of the county.
(b)
Such registered agent shall be a resident of the county. Such agent may be served with any process, notice, or demand required or permitted by law to be served upon the transient merchant, in the same manner provided by law for the service of a summons and complaint.
(c)
Such registered agent shall agree in writing to act as such agent and a copy of the agreement shall be filed with the license application.
(d)
The clerk of the superior court shall maintain an alphabetical record of all transient merchants and the names and addresses of their registered agents.
(e)
Whenever a transient merchant doing business or having done business in any county within this state shall fail to have or maintain a registered agent in the county, or whenever any such registered agent cannot with due diligence be found at his permanent address, the clerk of the superior court of said county shall be an agent of such transient merchant upon whom any such process, notice, or demand may be served. Service on the clerk of the superior court of any such process, notice, or demand shall be made by delivering to and leaving with him, or any person designated by the clerk of the superior court to receive such service, duplicate copies of such process, notice, or demand. In the event such process, notice, or demand is served on the clerk of the superior court, he shall immediately cause one of such copies to be forwarded by registered or certified mail or statutory overnight delivery to the permanent address of said transient merchant. Any such service shall be answerable in not less than 30 days.
(f)
Nothing contained in this Code section shall limit or affect the right to serve any process, notice, or demand in any other manner permitted by law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46 - TRANSIENT MERCHANTS (§§ 43-46-1 — 43-46-7) › Section 43-46-6 - Exceptions to licensing requirements

(a)
The licensing provisions of this chapter shall not apply to any transient merchant engaged in business solely within a county which does not require the issuance of business licenses.
(b)
The licensing provisions of this chapter shall not apply to any transient merchant engaged in business solely within the corporate limits of a municipality when:
(1)
Such municipality requires a transient business license; and
(2)
Said transient merchant has such license.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46 - TRANSIENT MERCHANTS (§§ 43-46-1 — 43-46-7) › Section 43-46-7 - Penalty; violation of chapter as constituting an unfair or deceptive act

(a)
Any person, firm, or corporation who violates this chapter shall be guilty of a misdemeanor.
(b)
In addition to the criminal penalty provided in subsection (a) of this Code section, any violation of this chapter shall constitute an unfair or deceptive act under Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-1 - Definitions

As used in this chapter, the term:
(1)
"Pathogen" means a microorganism, including bacteria, viruses, rickettsiae, and parasites, or other agent, such as a proteinaceous infectious particle or prion, that can cause disease in humans.
(2)
"Potentially infectious material" means material known or reasonably expected to contain a pathogen.
(3)
"Regulated biomedical waste" means and includes the following:
(A)
Biological waste, which includes blood and blood products, exudates, secretions, suctionings, and other body fluids which contain free liquids and cannot be or are not directly discarded into a municipal sewer system;
(B)
Pathological waste, which includes all recognizable human tissues and body parts except teeth; and
(C)
Sharps, which include any discarded article that may cause punctures or cuts, including, but not limited to, items such as needles, IV tubing and syringes with needles attached, and scalpel blades.
(4)
"Trauma scene" means a location soiled by or contaminated with potentially infectious material or regulated biomedical waste due to the occurrence of a homicide or suicide, or the occurrence of a death of a human being in which there is advanced decomposition of the body; provided, however, that this term shall not include the scene of a motor vehicle accident or locations which are subject to the laws and regulations of the federal Occupational Safety and Health Administration.
(5)
"Trauma scene waste" means potentially infectious material or regulated biomedical waste that has been removed, is to be removed, or is in the process of being removed from a trauma scene.
(6)
"Trauma scene waste management practitioner" means the owner of any interest in a commercial enterprise for the cleanup or removal of trauma scene waste and who is registered with the Secretary of State pursuant to this chapter.
Amended by 2021 Ga. Laws 307,§ 43, eff. 5/10/2021.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-2 - Registration; fees

(a)
A trauma scene waste management practitioner shall be registered with the Secretary of State on forms provided by and in a manner as directed by the Secretary of State. Such registration shall be in addition to and not in place of any other registrations or licenses from other state agencies required by law. No county or municipal government shall be authorized to require licenses, registrations, or permits for trauma scene waste management practitioners in this state.
(b)
The Secretary of State, upon its approval of an application, shall issue a registration to a trauma scene waste management practitioner who meets the qualifications for such registration and who submits a completed application form and registration fee. Such registration shall be valid for a period of three years from the date of issuance and may be renewed for additional three-year periods.
(c)
Trauma scene waste management practitioners shall pay an initial registration fee of $100.00 to the Secretary of State and, for each subsequent renewal of such registration, shall pay to the Secretary of State a registration renewal fee of $100.00.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-3 - Website listing of practitioners

The Secretary of State shall maintain a current list of all registered trauma scene waste management practitioners on the Secretary of State's website.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-5 - Registration required for cleanup; penalty

(a)
As used in this Code section, the term "person" means: an individual; any corporate entity or form authorized by law, including any of its subsidiaries or affiliates; or any officer, director, board member, or employee of any corporate entity or form authorized by law.
(b)
No person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with this chapter or is an employee or independent contractor of such person registered in accordance with this chapter.
(c)
Any person that violates this Code section shall be subject to a civil fine not to exceed $5,000.00 and punitive action by the Secretary of State, up to and including revocation of registration.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-6 - Recovery of costs

On and after January 1, 2021, it shall be against public policy for any person who is not properly registered under this chapter to seek to recover from the owner of any property or any other person the cost of the cleanup, removal, or remediation of trauma scene waste at, in, or on such property.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-7 - Good faith estimate of costs

Each trauma scene waste management practitioner registered under this chapter, prior to beginning the cleanup, removal, or remediation of trauma scene waste, shall provide the individual who requested such services with a good faith estimate of the expected costs of such services.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-8 - Temporary registrations in emergencies

In the event of a declared public health emergency or a state of emergency, the Secretary of State shall be authorized to issue temporary registrations to persons to be trauma scene waste management practitioners under such limiting conditions as the Secretary of State deems appropriate under such circumstances. Such temporary registrations shall terminate at such time as may be specified by the Secretary of State, but, in any event, not later than 90 days from their issuance.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-9 - Regulatory authority

The Secretary of State shall be authorized to promulgate such rules and regulations as it deems necessary in order to effectuate and implement the provisions of this chapter.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 46A - TRAUMA SCENE WASTE MANAGEMENT PRACTITIONERS (§§ 43-46A-1 — 43-46A-10) › Section 43-46A-10 - Exemptions

(a)
As used in this Code section, the term "person" shall have the same meaning as provided in Code Section
43-46A-5
.
(b)
Nothing in this chapter shall apply to a medical practice or medical facility or a subsidiary thereof that is subject to the laws and regulations of the federal Occupational Safety and Health Administration.
(c)
Nothing in this chapter shall apply to the cleanup of property owned by a person by such person.
(d)
Nothing in this chapter shall apply to the gratuitous cleanup, removal, or remediation of trauma scene waste performed for the owner of any property by individuals who are not doing so as part of a commercial enterprise for the cleanup or removal of trauma scene waste, including, but not limited to, individuals who are family, friends, or neighbors of such owner; provided, however, that nothing in this subsection shall prevent such owner from offering such individuals a gratuity at his or her election.
Added by 2020 Ga. Laws 566,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-1 - Short title

This chapter shall be known and may be cited as the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-4 - Division director as secretary of board

The division director shall be the secretary of the board and of the divisions. He or she shall issue licenses and certificates and perform such other duties as the board or the divisions may direct to carry out this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-5 - Reimbursement of board members

The members of the board shall be reimbursed for their duties as board members and as division members as provided for in subsection (f) of Code Section
43-1-2
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-6 - General powers and duties of board

All powers and duties under this chapter not specifically reserved to the board shall be the powers and duties of the division. The board shall have the following powers and duties:
(1)
To receive applications for registration of licensees and to forward them to the appropriate division;
(2)
To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter;
(3)
To arrange for all new applicants to have a criminal background check, which background check shall be mandatory. The applicant's fingerprints shall be forwarded to the Georgia Crime Information Center which shall run a criminal background check on the applicant and provide the results of the background check to the board. Additionally, the applicant's fingerprints will be forwarded to the Federal Bureau of Investigation for a national criminal history record check;
(4)
To publish in print or electronically on or before September 1 of each year an alphabetical listing of all licensees pursuant to this chapter and to distribute copies of the same, if requested, to the Department of Public Safety, the Department of Revenue, and the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state;
(5)
To establish a fee for a license for each principal place of business and a fee for a supplemental license for each place of business not immediately adjacent to the principal place of business. The board may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business as a licensee prior to or after the issuance of any such license; and
(6)
To do all other things necessary and proper to carry out the powers and duties listed in this Code section.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-7 - Required license; records

(a)
It shall be unlawful for any person to operate as a used motor vehicle dealer in this state without first registering and obtaining a license from the used car division as provided in this chapter.
(b)
It shall be unlawful for any person to operate as a used motor vehicle parts dealer in this state without first registering and obtaining a license from the used parts division as provided in this chapter.
(c)
It shall be unlawful for any used car dealer or any used parts dealer willfully to fail to keep the records required to be kept by this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-8.1 - Penalty

Any person who violates any provision of Code Section
40-2-39.1
shall be deemed to be a licensee for the purpose of imposing sanctions and penalties under this chapter and for the purpose of granting the board jurisdiction over such violator.
Amended by 2007 Ga. Laws 124,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-9 - Contents of licenses; display of licenses; endorsement of change of business location on licenses

The licenses issued pursuant to this chapter shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his or her business; and the license or supplemental license issued therefor shall be conspicuously displayed on each of such premises. In the event any such location is changed, the appropriate division shall endorse the change of location on the license without charge.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-11 - Hearings before board as to suspension of or revocation of licenses

Except as provided in subsection (l) of Code Section
43-47-8
, no license shall be suspended or revoked without a hearing 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 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-11.1 - Registration with commissioner of motor vehicle safety; application for dealer's registration plate

As provided by law, every licensee who transfers a used motor vehicle title within this state shall register with the state revenue commissioner, making application for a dealer's registration plate. No person not licensed in accordance with this chapter shall be entitled to receive or use any dealer's registration plates for motor vehicles under the motor vehicle laws of this state providing for the issuance of such plates.
Amended by 2005 Ga. Laws 68,§ 25-6, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 43, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-12 - Maintenance of records by licensees; possession of vehicle or parts as evidence of purchase for resale

(a)
Every licensee shall maintain for three years a record of:
(1)
Every vehicle, vehicle body, chassis, or major component part of or for a vehicle received or acquired by him or her; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license number or social security number of the person from whom received or acquired; provided, however, that, in the event such purchase or acquisition is from a used car dealer or from a used motor vehicle parts dealer, the name and address of the corporation or company shall be sufficient if the seller is registered under this chapter;
(2)
Every vehicle, vehicle body, chassis, or major component part disposed of by him or her; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license number or social security number of the person to whom disposed; provided, however, that, in the event such disposal is to a used car dealer or to a used motor vehicle parts dealer, the name and address of the corporation or company shall be sufficient if the purchaser or acquirer is registered under this chapter;
(3)
Every vehicle wrecked, dismantled, or crushed by him or her and the date of its wrecking or dismantling; and
(4)
Any other records which the appropriate division may reasonably require to protect the public, as relating to the licensee's method of operation and personnel employed.
(b)
The possession of motor vehicles or parts covered by this chapter shall be prima-facie evidence that they were purchased for the purpose of resale.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-13 - Local regulation and licensing

Nothing in this chapter shall prohibit any lawful regulation or licensing of licensees by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any licensee required to be registered by this chapter unless such licensee is properly licensed under this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-14 - Fines for violation of chapter

Each division or the board may impose a fine not to exceed $500.00 for each violation of any provision of this chapter. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification from either the appropriate division or a representative of the division unless the licensee requests in writing a hearing before the division. Such request for a hearing must be received by the division within 30 days after receipt of the written notification from the division. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing by the board to determine whether revocation or other disciplinary action should be imposed on the licensee.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-15 - Compliance with "Motor Vehicle Certificate of Title Act" required

Any licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the "Motor Vehicle Certificate of Title Act," regarding titling and inspection of salvage and rebuilt vehicles, and shall comply with any rules and regulations adopted by the state revenue commissioner pursuant to this chapter.
Amended by 2005 Ga. Laws 68,§ 25-7, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 43, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-16 - Licensees to furnish certain information to purchasers

All licensees under this chapter who operate salvage pools shall furnish to any person who purchases a motor vehicle the make, model, year, body style, and vehicle identification number of the particular vehicle sold. In the event that the operator of a salvage pool is an insurance company, the claim number of the vehicle shall be furnished to the purchaser in addition to the other required information.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-17 - Consent to inspection as condition of licensure

Every person required to be licensed under this chapter shall, as a condition of licensure, be deemed to have granted authority and permission to the board, to either division, or to any peace officer to inspect any record or document and any motor vehicle or motor vehicle part or accessory at or on the premises of his or her principal place of business, or any additional place of business, at any reasonable time during the day or night during reasonable business hours.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-18 - Impoundment of used vehicles displayed for sale at unlicensed facilities

Nothing in this chapter shall be construed to prohibit municipalities or counties, by ordinance or resolution, from authorizing local law enforcement officers to impound used motor vehicles which are displayed for sale at unlicensed facilities, provided that such ordinances or resolutions provide for actual prior notice to the owners of such motor vehicles of such impoundment.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-19 - Sales on consignment basis

No licensee, except any licensed auto auction or salvage pool selling at its regular place of business, shall sell any used motor vehicle on a consignment basis unless the licensee places his or her name on the title at the time of sale and complies with all other applicable laws.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-20 - Prior rules remain valid

It is the intent of the General Assembly that all parts of rules properly adopted under this chapter and Chapter 48 of this title prior to July 1, 1995, which do not conflict with this chapter shall be valid until such time as they are repealed, revised, amended, or otherwise changed under 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 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-21 - Civil penalty; civil actions; right of private action; persons already licensed to make changes at time of renewal of license

(a)
Any person, regardless of whether that person is a licensee or not, who commits or causes to be done any act that violates this chapter or fails to do any act or causes to be omitted any act that is required by this chapter shall be subject to a civil penalty not to exceed $3,000.00 for each violation. A violation of this chapter shall, for the purposes of this Code section, constitute a separate offense as to any motor vehicle or motor vehicle part; and each day during which any person offers for sale, sells, trades, transfers, or disposes of used motor vehicles or used motor vehicle parts without being licensed pursuant to this chapter shall constitute a separate offense.
(b)
The penalty provided in subsection (a) of this Code section and any restitution due to specifically named consumers for violations of this chapter shall be recoverable by a civil action brought by the division, the board, the Attorney General, or any district attorney, solicitor-general, or municipal or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the clerk of the court in which such case is filed; provided, however, that in an action brought on behalf of a county or municipality one-half of the proceeds of such civil penalty shall be paid into the treasury of such county or municipality. The court shall order any restitution recovered on behalf of any consumer to be paid over directly to the consumer by the defendant.
(c)
Any person damaged by a violation of this chapter may bring an action against the person committing the violation, regardless of whether that person is a licensee, in any superior court of competent jurisdiction to recover actual, consequential, and punitive damages, attorneys' fees, and court costs.
(d)
Any person who is already licensed under this chapter or its predecessor or under former Chapter 48 of this title who will be required as a result of this chapter to make changes in his or her business operations will not be required to make such changes until such time as he or she is required to renew his or her license. Any such changes shall have been completed prior to the granting of any renewal license.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 47 - USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS (§§ 43-47-1 — 43-47-22) › Section 43-47-22 - Penalty; injunctions

Any person, firm, or corporation who violates this chapter shall be guilty of a misdemeanor. In addition to such criminal penalty, the board may bring an action to enjoin any violation, actual or threatened, of this chapter notwithstanding the existence of an adequate remedy at law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 49 - DEALERS IN USED WATCHES (§§ 43-49-1 — 43-49-5) › Section 43-49-1 - Purpose of chapter

The purpose of this chapter is to identify all used, rebuilt, or reconditioned watches by requiring them to be marked "secondhand," so as to safeguard the public and prevent the public from being misled when purchasing used, rebuilt, or reconditioned watches and to prevent them from being sold as new watches.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 49 - DEALERS IN USED WATCHES (§§ 43-49-1 — 43-49-5) › Section 43-49-2 - "Secondhand watch" defined

A watch shall be deemed to be secondhand if:
(1)
As a whole or the case thereof or the movement thereof it has been previously sold to or acquired by any person who bought or acquired the same for his use or the use of another, but not for resale; provided, however, that a watch which has been so sold or acquired and is thereafter returned, either through exchange or for credit, within 30 days to the original individual, firm, partnership, association, or corporation who sold or passed title to such watch shall not be deemed to be a secondhand watch if such vendor shall keep a written or printed record setting forth the name of the purchaser thereof, the date of the sale or transfer thereof, and the serial number if any, or the case movement and any other distinguishing numbers or identification marks, which record shall be kept for at least two and one-half years from the date of such sale or transfer and shall be open for inspection during all business hours by the appropriate prosecuting attorney of the county in which such vendor is engaged in business, or his duly authorized representative is engaged;
(2)
Its case serial numbers or movement numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered, or covered; or
(3)
Its movements are more than five years old and it has been repaired by any person or persons, including the vendor, notwithstanding that it may have been returned either through an exchange or for credit to the original vendor. Cleaning and oiling a watch movement or recasing the movement in a new case shall not be deemed a watch repair.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 49 - DEALERS IN USED WATCHES (§§ 43-49-1 — 43-49-5) › Section 43-49-3 - Identifying tags affixed to secondhand watches; advertisements and displays as to secondhand watches

(a)
Any person, firm, partnership, association, or corporation engaged in the business of buying or selling watches or any agent or servant thereof who may sell or exchange, or offer for sale or exchange, expose for sale or exchange, possess with the intent to sell or exchange, or display with the intent to sell or exchange any secondhand watch shall affix and keep affixed to the same a tag with the word "secondhand" clearly and legibly written or printed thereon; and the said tag shall be so affixed or placed that the word "secondhand" shall be plainly in sight at all times.
(b)
Any person, firm, partnership, association, or corporation or any agent or servant thereof who may advertise or display in any manner a secondhand watch for sale or exchange shall state clearly in such advertisement or display that such watch is a secondhand watch.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 49 - DEALERS IN USED WATCHES (§§ 43-49-1 — 43-49-5) › Section 43-49-4 - Invoice of sale for secondhand watch; filing of duplicate invoice by vendor; inspection by prosecuting attorney

Any person, firm, partnership, association, or corporation engaged in the business of buying or selling watches or any agent or servant thereof who may sell a secondhand watch or in any other way pass title thereto shall deliver to the vendee a written invoice bearing the word "secondhand" in bold letters, larger than any of the other written matter upon said invoice. The invoice shall further set forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, the serial number, if any, and any other distinguishing numbers or identification marks upon its case and movement. If the serial numbers or other distinguishing numbers or identification marks shall have been erased, defaced, removed, altered, or covered, the invoice shall so state. The vendor shall keep on file a duplicate of the invoice for at least two and one-half years from the sale thereof, which invoice shall be open to inspection during all business hours by the appropriate prosecuting attorney of the county in which the vendor is engaged in business or in which his duly authorized representative is engaged.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 49 - DEALERS IN USED WATCHES (§§ 43-49-1 — 43-49-5) › Section 43-49-5 - Penalty

Any person, firm, partnership, association, or corporation or any agent or servant thereof who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 100 days, or both.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 50 - VETERINARY PRACTICE (§§ 43-50-1 — 43-50-110) › Article 1 - GENERAL PROVISIONS (§§ 43-50-1 — 43-50-3) › Section 43-50-1 - Short title

This chapter shall be known and may be cited as the "Georgia Veterinary Practice Act."
Added by 2003 Ga. Laws 257, § 1-1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 50 - VETERINARY PRACTICE (§§ 43-50-1 — 43-50-110) › Article 1 - GENERAL PROVISIONS (§§ 43-50-1 — 43-50-3) › Section 43-50-2 - Legislative purpose

It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare of the people of this state by and through the effective control and regulation of persons who are licensed veterinarians and licensed veterinary technicians in this state; to provide a uniform state-wide regulatory scheme to be enforced by the board through the Georgia Veterinary Practice Act; and to provide the board with oversight of the persons practicing veterinary medicine within this state.
Amended by 2018 Ga. Laws 456,§ 3, eff. 7/1/2018.
Added by 2003 Ga. Laws 257, § 1-1, eff. 7/1/2003.