reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-7.1 - Registration records of unarmed security employees; fingerprint identification of prospective registrants

(a)
Any individual, firm, association, company, partnership, limited liability company, or corporation engaged in the private security business and licensed pursuant to Code Section
43-38-6
shall be required to maintain registration records of all guards, watchmen, or patrolmen who are unarmed pursuant to rules and regulations of the board. A licensee shall not be required to register such unarmed employees with the board. Unarmed employees shall be required to complete a certain number of hours of training as prescribed by the board, and a record of such training shall be maintained with the registration records of such employees.
(b)
The licensee shall forward fingerprints received from each prospective registrant to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by the Georgia Bureau of Investigation and the fingerprint system of investigation established by the Federal Bureau of Investigation.
(c)
It shall be the duty of the licensee to keep a record of all information received from the Georgia Bureau of Investigation and the Federal Bureau of Investigation with respect to criminal identification and to cooperate with the Georgia Bureau of Investigation, similar departments in other states, and the United States Department of Justice in any criminal identification system.
(d)
At such times as the board may require, fingerprint cards of registrants may be periodically reprocessed by a licensee to identify criminal convictions subsequent to registration.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-8 - Temporary employees

Notwithstanding any other provisions of this chapter, any person or corporation may use temporary employees for special events, provided that such temporary employment does not exceed 30 days in a calendar year and such employees do not carry firearms in connection with such employment.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-9 - Disposition of applicants' fingerprints

(a)
The board shall forward the necessary fingerprints received from each prospective licensee and registrant required to be licensed or registered by the board under this chapter to the Georgia Crime Information Center or the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by such bureau and the fingerprint system of investigation established by the Federal Bureau of Investigation.
(b)
It shall be the duty of the division director to keep a record of all information received from the Georgia Bureau of Investigation and the Federal Bureau of Investigation with respect to criminal identification and to cooperate with the Georgia Bureau of Investigation, similar departments in other states, and the United States Department of Justice in any criminal identification system.
(c)
At such times as the board may require, fingerprint cards of licensees and registrants may be periodically reprocessed to identify criminal convictions subsequent to licensure or registration.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-10.1 - Training instructors and training programs

(a)
The board shall provide by rule and regulation for the registration of all training instructors or training programs so as to regulate all training requirements for licensure, registration, or weapons permits required by this chapter.
(b)
The board shall have the authority to promulgate rules and regulations governing minimum training standards for licensure, registration, or weapons permits. Such training shall be conducted by a board registered training instructor or through a board approved training program.
(c)
Any board registered training instructor or board approved training program shall be required to submit to appropriate inspection of facilities and review of curriculum.
(d)
The board may suspend, revoke, or deny any application for registration for any training instructor or suspend, revoke, or deny approval of any training program as provided in Code Section
43-38-11
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-11.1 - Suspension of license, registration, or weapons permit

(a)
After proper notification, the board may suspend the license, registration, or weapons permit of any licensee, registrant, or weapons permit holder without a prior hearing as required in Code Section
43-38-11
, provided that said licensee, registrant, or weapons permit holder is determined by the board to present a clear and present danger to the public safety on the grounds outlined in Code Section
43-38-11
, is found to have had a prior felony conviction, or is currently under a first offender sentence for a felony crime that was not reported on the application for licensure or registration.
(b)
After proper notification the board may suspend without a prior hearing as required in Code Section
43-38-11
the license of any licensee pursuant to subsection (f) of Code Section
43-38-6
or the registration of any registrant pursuant to subsection (g) of Code Section
43-38-7
or the weapons permit of any weapons permit holder pursuant to subsection (j) of Code Section
43-38-10
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-12 - Applicability of the "Georgia Administrative Procedure Act."

All hearings required to be conducted by the board shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; and all rules and regulations of the board shall be adopted and promulgated in accordance with Chapter 13 of Title 50.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-13 - [Repealed and Reserved] Arrest powers of licensees and registrants

Repealed and reserved by 2021 Ga. Laws 264,§ 6, eff. 5/10/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-14 - Exceptions to operation of chapter; local regulation

(a)
This chapter shall not apply to:
(1)
An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties;
(2)
A person engaged in the business of furnishing information in connection with credit or marketing and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act;
(3)
An attorney at law or a bona fide legal assistant in performing his or her duties;
(4)
Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them;
(5)
A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license;
(6)
The employees of a firm identified in paragraph (5) of this subsection; or
(7)
Any person with a valid peace officer certification issued pursuant to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," who is employed by or works as an independent contractor for a licensed private security business or private detective business.
(b)
This chapter shall not prevent the local authorities of any municipality or county, by ordinance and within the exercise of the police power of such municipality or county, from imposing local regulations upon any street patrol, special officer, or person furnishing street patrol service, including regulations requiring registration with an agency to be designated by such municipality or county.
(c)
This chapter shall not apply to a person or corporation which employs persons who do private security work in connection with the affairs of such employer only and who have an employer-employee relationship with such employer. Neither such persons or corporations nor their employees shall be required to register or be licensed under this chapter, although such persons or corporations or their employees may elect to be licensed under this chapter.
Amended by 2022 Ga. Laws 651,§ 2, eff. 7/1/2022.
Amended by 2011 Ga. Laws 101,§ 1, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-14.1 - Restrictions on local business licenses

(a)
No municipality, county, or other political subdivision of this state shall grant a business license to any person required to be licensed under this chapter until such person has made bona fide application to the board to be licensed under this chapter and the board has taken action under the application other than refusal, cancellation, revocation, or failure to renew the applicant's license.
(b)
As used in this Code section, the term "person" shall mean any individual, firm, association, partnership, limited liability company, or corporation.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-15 - Applicability of chapter

No individual, firm, association, company, partnership, limited liability company, or corporation shall engage in any activity covered by this chapter unless such individual, firm, association, company, partnership, limited liability company, or corporation is in compliance with this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 38 - OPERATORS OF PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECUR ITY BUSINESSES (§§ 43-38-1 — 43-38-17) › Section 43-38-16 - Penalty

Any person who engages in the private detective business or private security business or offers, pretends, or holds himself out as eligible to engage in the private detective business or private security business and who is not legally licensed or registered under this chapter shall be guilty of a misdemeanor. Each day or fraction of a day that he practices in violation of this chapter shall constitute a separate offense.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-2 - Creation of board of examiners; immunity

There is created a State Board of Examiners of Psychologists, to consist of six members who shall be appointed by the Governor under conditions set forth in this article. No member of the board shall be liable to civil action for any act performed in good faith in the performance of that member's duties as prescribed by law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-3 - Appointment to board; qualifications; terms; vacancies; removal

(a)
The Governor shall appoint members to serve on the board so that the board shall at all times be composed of five members who are persons licensed as psychologists under this article and one consumer member who is not licensed as a psychologist under this article and who has no connection whatsoever with the practice or profession of psychology.
(b)
All six members of the board shall serve for terms of five years and until their successors are appointed and qualified. Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment, and members shall serve until their successors are appointed and qualified. Any board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or commission of a crime involving moral turpitude.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-4 - Oath of office; certificate of appointment

Immediately and before entering upon the duties of their office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Governor who, upon receiving said oath of office, shall issue to each member a certificate of appointment.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-5 - Officers; meetings; seal; procedures; expenses

(a)
The board shall elect annually a president and a vice-president. The board shall operate under the terms of Chapter 1 of this title, providing for a division director for the professional licensing boards division; and the division director shall serve the board as provided by law.
(b)
The board shall hold at least one regular meeting each year. Called meetings may be held at the discretion of the president or at the written request of any two members of the board.
(c)
The board shall adopt a seal, which must be affixed to all licenses issued by the board.
(d)
The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall provide for examinations and pass upon the qualifications of the applicants for the practice of psychology.
(e)
Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-6 - Authority of board to establish code of conduct and of ethics, administer oaths, summon witnesses, and take testimony; issuance of licenses; enforcement of chapter

The board shall have authority to establish a code of conduct and of ethics, to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. The board shall issue licenses to practice psychology to all persons who shall present satisfactory evidence of attainments and qualifications under this article and the rules and regulations of the board. Such licenses shall be attested by the division director under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice psychology in this state. It shall be the duty of the division director, under the direction of the board, to aid the prosecuting attorneys in the enforcement of this article and the prosecution of all persons charged with the violation of its provisions. The board shall have authority to administer and participate in the "Psychology Interjurisdictional Compact (Psypact)" set out in Article 2 of this chapter and to recognize and permit the authority to practice interjurisdictional telepsychology and temporary practice in Georgia as established by such compact. The board shall have authority to conduct national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information Center; provided, however, that reports from such record background checks shall not be shared with entities outside of this state.
Amended by 2020 Ga. Laws 548,§ 5, eff. 1/1/2021.
Amended by 2019 Ga. Laws 36,§ 1, eff. 4/23/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-8 - Application for license; qualifications

(a)
Any person wishing to practice psychology in this state shall make application to the board through the division director upon such form and in such manner as shall be adopted and prescribed by the board and obtain from the board a license so to do. Unless such a person has obtained such a license it shall be unlawful for that person to practice; and if that person shall practice psychology without first having obtained such a license, that person shall be deemed to have violated this article.
(b)
A candidate for such license shall furnish the board with satisfactory evidence that the candidate:
(1)
Is of good moral character;
(2)
Has completed the requirements of a doctoral degree from a professional training program in applied psychology, including, but not limited to, clinical psychology, counseling psychology, industrial or organizational psychology, or school psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards. Any person who has received a doctoral degree in psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards and who has also completed an organized retraining program in applied psychology acceptable to the board shall also meet the degree requirements of this paragraph;
(3)
Has had at least two years of experience in psychology of a type considered by the board to be qualifying in nature;
(4)
Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary;
(5)
Has not within the preceding six months failed an examination given by the board; and
(6)
Has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check.
Amended by 2019 Ga. Laws 36,§ 3, eff. 4/23/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-9 - Examination of applicants

Applicants shall take a board approved examination to test the applicant's qualifications. The examination shall be written or oral or both.
Amended by 2010 Ga. Laws 417,§ 41, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-10 - Reciprocity

The board may grant a license to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this article. The board may require the applicant to pass such written and oral examinations as the board may deem necessary.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-12 - Biennial renewal of licenses

Licenses issued by the board shall be renewable biennially.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-14 - Temporary and provisional licenses

(a)
The board may issue a temporary license to an applicant for a permanent license. Such license shall have the same force and effect as a permanent license. The temporary license will expire 12 months from the date of its issuance and shall not be renewable. Upon a finding by the board that the applicant has failed either the written or oral examination, the board shall revoke such temporary license.
(b)
The board may issue a provisional license to an applicant for a permanent license. The provisional license may be granted to an individual who has passed all written examinations and completed all other requirements for permanent license except for the postdoctoral supervised work experience requirement and the oral examination. Provisional licensure will expire in 24 months unless the board grants an exception, or in the event of the granting of a permanent license, whichever occurs first. The provisional license shall not be renewable. An individual who is licensed under this subsection is restricted to the stipulations of the supervised work experience requirement. Provisional licensure will be granted only to an individual who is in the process of completing the postdoctoral supervised work experience requirement and is subject to revocation if the board determines that the requirements of the supervised work experience are not being satisfactorily met. The revocation of a provisional license shall not be considered a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," but a holder of a provisional license shall have a right to appear before the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-15 - Continuing education

The board is authorized to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations concerning accreditation of continuing education programs and other educational experience and the assignment of credit for participation therein must be promulgated by the board at least one year prior to implementation of continuing education requirements for renewal of licensure. The board shall be authorized to waive continuing education requirements in cases of hardship, disability, illness, or under such other circumstances as the board deems appropriate.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-16 - Privileged communications

The confidential relations and communications between a licensed psychologist and client are placed upon the same basis as those provided by law between attorney and client; and nothing in this article shall be construed to require any such privileged communication to be disclosed.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-17 - Use of title "psychologist."

Except as provided in Code Section
43-39-7
, a person shall not practice psychology and shall not use the title "psychologist" unless he or she is licensed as provided in this article. A person who is not licensed as provided in this article shall not designate his or her occupation as a psychologist and shall not designate himself or herself by any other term or title which implies that he or she is practicing psychology.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-18 - Injunctions against violators

The board is authorized to bring an action to enjoin any person, firm, or corporation who, without being licensed to practice psychology by the board, engages in the practice of psychology as regulated by this article. The proceeding shall be filed in the county in which such person resides or in the county where the firm or corporation maintains a principal office. If it shall be made to appear that such person, firm, or corporation is practicing psychology without a license, the injunction shall be issued and such person, firm, or corporation shall be permanently enjoined from practicing psychology throughout the state. It shall not be necessary, in order to obtain the equitable relief described in this Code section, for the board to allege and prove there is no adequate remedy at law. It is declared that such unlicensed activities are a menace and a nuisance and are dangerous to public health, safety, and welfare.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-19 - Penalty

Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $100.00 nor more than $1,000.00 and may be imprisoned for a term not to exceed 12 months for such violation.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 1 - GENERAL PROVISIONS (§§ 43-39-1 — 43-39-20) › Section 43-39-20 - Immunity from civil and criminal liability for certain good faith actions

Any psychologist licensed under this article who testifies in good faith without fraud or malice in any proceeding relating to a licensee's or applicant's fitness to practice psychology, or who in good faith and without fraud or malice makes a report or recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for such actions. No psychologist licensed under this article who serves as a supervising or monitoring psychologist pursuant to a public or private order of the board shall be liable for any damages in an action brought by the supervised or monitored psychologist, provided that the supervising or monitoring psychologist was acting in good faith without fraud or malice.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39 - PSYCHOLOGISTS (§§ 43-39-1 — 43-39-22) › Article 2 - PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT) › Section 43-39-21 - Short title

This article shall be known and may be cited as the "Psychology Interjurisdictional Compact (Psypact)."
Added by 2019 Ga. Laws 36,§ 4, eff. 4/23/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-1 - Short title

This chapter shall be known and may be cited as the "Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act."
Amended by 2010 Ga. Laws 552,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-4 - Fees

The board is authorized to establish the amount of any fee which it is authorized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-4.1 - Rules and regulations

Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or an appraiser, or with respect to any document required to be issued by the board, the board is authorized to promulgate rules and regulations setting forth:
(1)
Any procedure that will reduce the use of paper forms, applications, or documents;
(2)
Any procedure that will reduce the necessity for the board to maintain paper documents;
(3)
The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and
(4)
The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature.
As used in this Code section, the term "electronic signature" shall have the same meaning as provided in Code Section
10-12-2
.
Amended by 2009 Ga. Laws 141,§ 5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-5 - Status of appraiser classification issued by board to employee of commission

Any appraiser classification issued to an employee of the commission by the board shall be on inactive status during the time of the employee's employment with the commission. Any such employee shall not be required to pay a fee to keep an appraiser classification on an inactive status. Such appraiser classification shall be taken off inactive status and returned to the employee when that person's employment ends.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-6 - Seal; records

(a)
The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words "Real Estate Appraisers Board, State of Georgia" and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals.
(b)
The board shall maintain records so that it may certify the history of appraisers or any person issued an appraisal management company registration under this chapter for a period of up to five years preceding the date of certification. The board may certify the classification history of an appraiser or appraisal management company based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the board may:
(1)
Properly destroy the paper record; or
(2)
Retain the paper record for a period of time determined by the board.
Amended by 2010 Ga. Laws 552,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-10 - Wall certificates and pocket cards; disclosure of classification and number

(a)
The board shall prescribe the form of a wall certificate to denote an individual's appraiser classification. The board shall mail the wall certificate to the appraiser whose duty it shall be to display the wall certificate conspicuously in the appraiser's place of business. The board shall also prepare and deliver a pocket card indicating the appraiser classification of the person whose name appears thereon.
(b)
An appraiser classification issued under authority of this chapter shall bear a number assigned by the board. The board through its rules and regulations shall establish standards which require appraisers to disclose their appraiser classification and number assigned by the board in all appraisal reports and in all statements of qualifications, contracts, or other instruments used by the appraiser when reference is made to his or her appraiser classification status.
(c)
Wall certificates and pocket cards shall remain the property of the board and, upon any suspension or revocation of an appraiser classification pursuant to this chapter, the individual holding the related wall certificate or pocket card shall immediately return such wall certificate or pocket card to the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-12 - Disposition of fees collected

Except as provided for in subsection (l) of Code Section
43-39A-11
, all fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board and its support staff must always be kept within the income collected and deposited in accordance with this chapter; and the expenses thereof shall not be supported or paid from any other state fund or licensing authority.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-13 - Power of board to regulate, discipline, and establish standards; power to enter contracts

The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications and registrations, to discipline appraisers and appraisal management companies in any manner permitted by this chapter, to establish qualifications for appraiser classifications and registrations consistent with this chapter, to regulate approved courses, to establish standards for real estate appraisals, and to establish standards consistent with this chapter for appraisal management companies operating within the State of Georgia. Except for conducting an investigation as provided in this chapter, the board is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, that the board may enter into contracts to assist it in the conduct of investigations authorized by this chapter only whenever it needs special legal or appraisal expertise or other extraordinary circumstances exist. Whenever the board contracts to perform such investigative functions, any such contractor working on an investigation authorized by this chapter shall be under the supervision of the board or a duly authorized representative of the board. Any contractor used by the board shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation nor to make any discretionary decision that the board is authorized by law to make. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the board to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the board shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section
45-12-92
, prior to expending any such funds.
Amended by 2019 Ga. Laws 241,§ 5, eff. 7/1/2019.
Amended by 2010 Ga. Laws 552,§ 6, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-14.2 - Composition of appraisal panel

An appraisal panel may include appraisers who are engaged by or accepted by the appraisal management company for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions.
Added by 2019 Ga. Laws 241,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-14.3 - Appraiser as part of appraisal management company's appraiser panel; term; removal

(a)
An appraiser shall be deemed part of an appraisal management company's appraiser panel as of the earliest date on which the appraisal management company:
(1)
Affirms acceptance of the appraiser for the appraisal management company's consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; or
(2)
Engages the appraiser to perform one or more appraisals on behalf of a creditor for a covered transaction or secondary mortgage market participant in connection with covered transactions.
(b)
An appraiser who is deemed part of the appraisal management company's appraiser panel pursuant to subsection (a) of this Code section shall remain on the panel until the date on which the appraisal management company:
(1)
Sends written notice to the appraiser removing such appraiser from the appraiser panel, with an explanation of its action; or
(2)
Receives written notice from the appraiser requesting to be removed from the appraiser panel or notice of the death or incapacity of the appraiser.
(c)
If an appraiser is removed from an appraisal management company's appraiser panel pursuant to subsection (b) of this Code section, but the appraisal management company subsequently accepts the appraiser for consideration for future assignments or engages the appraiser at any time during the 12 months after the removal of such appraiser, such removal shall be deemed not to have occurred and the appraiser shall be deemed to have been part of the appraisal management company's appraiser panel without interruption.
(d)
The period for considering appraisers on an appraisal management company's appraiser panel shall be the 12 month period from the date of initial registration or each successive 12 month period thereafter.
Added by 2019 Ga. Laws 241,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-15 - Hearings in accordance with "Georgia Administrative Procedure Act."

(a)
If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue an appraiser classification to such applicant, the board shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board.
(b)
Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notwithstanding any provision of subsection (b) of Code Section
50-13-19
to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board.
Amended by 2003 Ga. Laws 94, § 4, eff. 5/30/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-16 - Notification by appraiser of change of address; professional corporations

(a)
If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 30 days of such change.
(b)
Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation in accordance with the provisions of Chapter 7 of Title 14, the "Georgia Professional Corporation Act."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-17 - Civil actions

(a)
After July 1, 1991, no person engaged in the business of real estate appraisal activity in Georgia or acting in the capacity of an appraiser in Georgia may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal activity for which an appraiser classification is required by this chapter without alleging and proving that such person held a Georgia appraiser classification of the type necessary to perform such appraisal activity at all times during the performance of such services.
(b)
The board by and through the commissioner may bring an action for any violation of this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-19 - Use of title or terms denoting appraiser classification; federally related transactions; no issuance of classification to business entity

(a)
No appraiser who holds an appraiser classification may use any title, designation, or abbreviation likely to create the impression that such appraiser holds a different appraiser classification. No appraiser shall describe or refer to any appraisal report or any appraisal or other evaluation of real estate by a term or terms which are likely to create the impression that the appraisal was done by an appraiser with a different appraiser classification than that held by the appraiser performing the appraisal.
(b)
If an appraiser does not hold an appraiser classification which permits the performance of a particular appraiser assignment for use in a federally related transaction, the appraiser must include in such appraiser's appraisal report a statement that the appraisal report may not be eligible for use in a federally related transaction.
(c)
A term or title denoting an appraiser classification may only be used to refer to individuals who hold such appraiser classification and may not be used following or immediately in connection with the name or signature of a firm, partnership, limited liability company, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, limited liability company, corporation, group, or anyone other than an individual holder of the appraiser classification.
(d)
No appraiser classification shall be issued under the provisions of this chapter to a corporation, partnership, limited liability company, firm, or group.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 39A - REAL ESTATE APPRAISER AND REAL ESTATE APPRAISAL MANAGEMENT COMPANY CLASSIFICATION AND REGULATION ACT (§§ 43-39A-1 — 43-39A-27) › Section 43-39A-20 - Use of appraiser as disinterested third party for rendering unbiased valuation or analysis; "specialized services"; contingent fees

(a)
A client or employer may retain or employ an appraiser to act as a disinterested third party in rendering an unbiased valuation or analysis. A client or employer may also retain or employ an appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this chapter.
(b)
For the purposes of this chapter, the term "specialized services" as defined in Code Section
43-39A-2
means those appraisal services which do not fall within the definition of independent appraisal assignment. The term "specialized services" may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not "specialized services."
(c)
An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, or valuation reached or upon the consequences resulting from the independent appraisal assignment.
(d)
An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
(e)
If an appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report.
(f)
Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or registration before undertaking any such specialized services.