reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 15 - PROFESSIONAL ENGINEERS AND LAND SURVEYORS (§§ 43-15-1 — 43-15-31) › Section 43-15-30 - Unlawful acts

(a)
Any person that violates Code Section
43-15-7
shall be guilty of a misdemeanor.
(b)
Any individual presenting or attempting to use as his or her own the certificate of registration or license or the seal of another obtained under this chapter shall be guilty of a misdemeanor.
(c)
Any person that gives any false or forged evidence of any kind to the board or to any member thereof in obtaining a certificate, certificate of registration, or license shall be guilty of a misdemeanor.
(d)
Any person that falsely impersonates any other registrant or licensee or any person that attempts to use an expired or revoked certificate of registration or license shall be guilty of a misdemeanor.
(e)
Any person offering services to the public that uses by name, verbal claim, sign, advertisement, directory listing, letterhead, or otherwise the words "Engineer," "Engineers," "Professional Engineering," "Engineering," "Engineered," "Professional Structural Engineer," "Professional Structural Engineers," "Structural Engineer," "Structural Engineers," "Structural Engineering," or "Structurally Engineered" shall be guilty of a misdemeanor unless said person has complied with the provisions of this chapter.
(f)
Any person offering services to the public that uses by name, verbal claim, sign, advertisement, directory listing, letterhead, or otherwise the words "Professional Land Surveyor," "Professional Land Surveyors," "Land Surveyor," or "Land Surveyors" shall be guilty of a misdemeanor unless such person has complied with the provisions of this chapter.
(g)
Each day or occurrence in violation of any provision of this Code section shall be considered a separate offense.
Amended by 2020 Ga. Laws 561,§ 11, eff. 1/1/2021.
Amended by 2018 Ga. Laws 417,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 16 - FIREARMS DEALERS (§ 43-16-1) › Section 43-16-1 - through 43-16-12 - [Reserved]

Reserved. Repealed by Ga. L. 2014, p. 599, § 1-14/HB 60, effective July 1, 2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-1 - Short title

This chapter shall be known and may be cited as the "Georgia Charitable Solicitations Act of 1988."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-6 - Agreement for charitable sales promotion; final accounting and records of promotions

(a)
Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agreement shall be signed by an authorized representative of the charitable organization and the commercial coventurer and it shall include, at a minimum, the following:
(1)
The goods or services to be offered to the public;
(2)
The geographic area where, and the starting and final date when, the offering will be made;
(3)
The manner in which the charitable organization's name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization;
(4)
If applicable, the maximum dollar amount that will benefit the charitable organization;
(5)
The estimated number of units of goods or services to be sold or used;
(6)
A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made;
(7)
A statement that the charitable sales promotion is subject to the requirements of this chapter; and
(8)
The date by when, and the manner in which, the benefit will be conferred on the charitable organization.
(b)
The final accounting for the charitable sales promotion shall be kept by the commercial coventurer for three years after the final accounting date.
(c)
All records of charitable organizations and commercial coventurers pertaining to such sales promotion are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-8 - Disclosures required

(a)
Every charitable organization, paid solicitor, or solicitor agent required to be registered under this Code section, at the time of any solicitation that occurs in or from this state, shall include the following disclosures:
(1)
The name and location of the paid solicitor and solicitor agent, if any;
(2)
The name and location of the charitable organization for which the solicitation is being made;
(3)
That the following information will be sent upon request:
(A)
A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and
(B)
A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section
43-17-5
; and
(4)
If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid solicitor on behalf of the charitable organization and not by a volunteer and inform the person being solicited that the contract disclosing the financial arrangements between the paid solicitor and the charity is on file with and available from the Secretary of State.
(b)
This Code section shall not apply to charitable solicitations subject to and in compliance with the provisions of Code Section
43-17-8.1
.
Amended by 2010 Ga. Laws 497,§ 4, eff. 7/1/2010.
Amended by 2008 Ga. Laws 583,§ 6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-8.2 - Requirement for orderly, clean, and sanitary receptacles; notice; penalty for violations

(a)
Notwithstanding any other provision of law to the contrary, any local governing authority which has collection receptacles located within its geographical boundaries shall be authorized to issue written notices of violations to both the property owner and the paid solicitor responsible for each collection receptacle at any time the immediate area surrounding such collection receptacle is not maintained in an orderly, clean, and sanitary manner. Notice shall be promptly sent to the property owner and the paid solicitor, with a copy to the charitable organization. The notice shall provide for a ten-day period from the date of the notice to remediate the violation and clean and maintain the area around such collection receptacle.
(b)
(1)
If the property owner, paid solicitor, or charitable organization responsible for the operation of a collection receptacle fails to comply with the notice in accordance with subsection (a) of this Code section three times in any calendar year, or, if the governing authority finds that the area surrounding such collection receptacle is a nuisance, the local governing authority shall be authorized to petition the superior court to issue an order requiring the removal of such collection receptacle from the geographical boundaries of the jurisdiction for a period of not less than three years.
(2)
The relief imposed by the superior court shall require the immediate removal of such collection receptacle at the cost of the property owner or paid solicitor responsible for it, or, alternatively, the charitable organization for which such collection receptacle was placed and the imposition of court costs.
(3)
If a collection receptacle is not removed within 30 days of the superior court's order, the local governing authority shall be authorized to remove such collection receptacle and seek reimbursement from the property owner, paid solicitor, or charitable organization for court costs and fees related to the removal of such collection receptacle.
Added by 2018 Ga. Laws 316,§ 3, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-14 - Recovery of damages; class actions

(a)
Any person who suffers injury or damages as a result of acts or practices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and attorney's fees may be awarded in cases of intentional violations of this chapter.
(b)
Any person entitled to bring an action under this chapter may institute a class action pursuant to Code Section
9-11-23
for the recovery of damages.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-15 - Venue

For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the charitable organization's principal place of business in this state, and in any county in which any violator had control or possession of any proceeds of the violation or any books, records, documents, or other material or objects which were used in furtherance of the violation.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-17 - Appeals by petition for review

(a)
An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section
43-17-16
by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:
(1)
The order from which the appeal is taken;
(2)
The ground upon which a reversal or modification of the order is sought; and
(3)
A demand for a certified transcript of the record of the order.
(b)
Upon receipt of the petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The petition for review and transcript of the record shall constitute appellant's complaint. The complaint shall thereupon be entered on the trial calendar of the court.
(c)
If the order of the Secretary of State shall be reversed, the reviewing court shall by its mandate specifically direct the Secretary of State as to any further action to be taken by the Secretary of State in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained.
Amended by 2022 Ga. Laws 875,§ 2-34, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-18 - Service of process

Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising out of or founded upon the solicitation of charitable contributions in violation of this chapter may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the Secretary of State. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by registered or certified mail or statutory overnight delivery to the persons against whom such process or pleadings are directed at his latest address on file in the office of the Secretary of State.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-19 - Applicability of "Fair Business Practices Act of 1975."

Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." Nothing contained in this chapter shall be construed to limit the authority of the Attorney General to take any action under the "Fair Business Practices Act of 1975" regarding unfair and deceptive acts or practices in a solicitation or in solicitations.
Amended by 2015 Ga. Laws 187,§ 31, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-20 - Immunity

For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-21 - Burden of proof on persons claiming exemption or exception; certified copies; certificate of compliance or noncompliance

(a)
In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception.
(b)
In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception.
(c)
In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
(d)
In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with this chapter, shall constitute prima-facie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-22 - Provisions of chapter govern criminal or civil proceedings

Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evidence of the commission of a crime or violation of this chapter, notwithstanding any subsequent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be instituted after the lapse of the appropriate period of limitations which was in effect at the time the cause of action arose or the alleged commission of the crime occurred.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 17 - CHARITABLE SOLICITATIONS (§§ 43-17-1 — 43-17-23) › Section 43-17-23 - Violations of chapter

(a)
Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
(b)
Any person who shall willfully violate subsection (d) of Code Section
43-17-12
shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one nor more than five years, or both.
(c)
Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 1 - GENERAL PROVISIONS (§§ 43-18-1 — 43-18-10) › Section 43-18-2 - Declaration of policy

It is declared that this article shall be deemed an exercise of the health powers of the state for the prevention of the spread of infectious, communicable, and contagious diseases and for the protection of the sanitation, health, and welfare of the people of this state; and that all of this article and the regulations authorized to be made pursuant to it are necessary to effectuate its purpose.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 1 - GENERAL PROVISIONS (§§ 43-18-1 — 43-18-10) › Section 43-18-3 - Practicing without complying with article

(a)
It shall be unlawful for any person to engage in the practice of embalming or to represent to the public that such person is an embalmer, mortician, or undertaker without first complying with this article.
(b)
It shall be unlawful for any person to engage in the business or profession of funeral directing or to represent to the public that such person is a funeral director, undertaker, or mortician without first complying with this article.
(c)
Any person who actively engages or participates in any way in the business or profession of funeral directing shall be considered to be practicing as a funeral director and must be a licensed funeral director under the terms of this article.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 1 - GENERAL PROVISIONS (§§ 43-18-1 — 43-18-10) › Section 43-18-4 - Unlicensed practice as constituting public nuisance; injunctions

The practice of embalming or funeral directing, as defined in this article, is declared to be a business or profession affecting the public interest and involving the health and safety of the public. Such practice by a person who is not licensed to practice in this state is declared to be a public nuisance; and any citizen of this state, the board, or the appropriate prosecuting attorney where such practice is carried on by such unlicensed person may, on behalf of the public, bring an action in the superior court of the county where such nuisance exists or is carried on to restrain and abate the same. On satisfactory proof to the judge of the superior court that such illegal practice or business of funeral directing or embalming is being carried on, the judge shall issue a temporary injunction against the party or parties operating such practice or business until they have qualified and been licensed under the terms of this article.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 1 - GENERAL PROVISIONS (§§ 43-18-1 — 43-18-10) › Section 43-18-6 - Penalty

Any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation who violates this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 1 - GENERAL PROVISIONS (§§ 43-18-1 — 43-18-10) › Section 43-18-10 - Investigation of complaints; notice of potential illegalities to Attorney General and local sheriff; review by Attorney General

Any complaints received by the board shall be investigated within 30 days of receipt. If such investigation shows that there may be a violation of Code Section
10-14-17
or
10-14-18
or any felony violation of state or federal criminal law, there shall be an affirmative obligation on behalf of the board to provide notice of such potential illegalities within seven days to the Attorney General's office and to the sheriff's office in the county in which any of the illegalities are believed to have occurred in whole or in part. Upon receiving such notification, the Attorney General shall within a reasonable time period not to exceed 60 days conduct a review of such complaint and provide the appropriate prosecuting attorney within any jurisdiction in which any illegalities are believed to have occurred, in whole or in part, with relevant information uncovered during the course of the investigation that the prosecuting attorney requests.
Added by 2021 Ga. Laws 189,§ 3, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 2 - STATE BOARD OF FUNERAL SERVICE (§§ 43-18-20 — 43-18-23) › Section 43-18-20 - Continuation of board

The State Board of Funeral Service existing immediately prior to April 11, 1990, is continued in existence and shall be constituted as provided in this article with the powers, duties, and authority vested in such board by this article.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 2 - STATE BOARD OF FUNERAL SERVICE (§§ 43-18-20 — 43-18-23) › Section 43-18-21 - Composition of board; qualifications of members; vacancies; removal of members

(a)
The board shall consist of six members who shall be licensed and practicing funeral directors and embalmers with a minimum of five years as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral service industry but who shall have a recognized interest in consumer affairs and in consumer protection concerns.
(b)
The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled.
(c)
A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude.
(d)
Those persons serving as members of the board immediately prior to April 11, 1990, shall continue to serve out the respective terms of office for which they were appointed and until their respective successors are appointed and qualified.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 2 - STATE BOARD OF FUNERAL SERVICE (§§ 43-18-20 — 43-18-23) › Section 43-18-22 - Election of president; meetings; reimbursement of members; conflict of interest

(a)
The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected.
(b)
The board shall meet at least once in each year and more often as the proper and efficient discharge of its duties may require.
(c)
Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2
.
(d)
No board inspector shall own, operate, or be employed by any funeral establishment or crematory, or perform any services on behalf thereof without prior approval by the board and the division director. However, this shall not prohibit any board member from acting as an inspector as authorized in this article.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 2 - STATE BOARD OF FUNERAL SERVICE (§§ 43-18-20 — 43-18-23) › Section 43-18-23 - Powers and duties; rules and regulations; seal

For the purpose of better protection of life and health, preventing the spread of contagious, communicable, and infectious diseases, and regulating the practice of embalming and funeral directing and the care and disposition of dead human bodies, the board is authorized:
(1)
To prescribe a standard of proficiency as to the qualifications and fitness of those engaged in and who may engage in the practice of embalming or funeral directing and the care and disposition of dead human bodies;
(2)
To revoke the license of any embalmer or funeral director for incompetency, conviction of a crime involving moral turpitude, violation of this article, failure to observe the standards of proficiency or rules and regulations promulgated by the board, or any other cause as provided in this article;
(3)
To fix and prescribe rules and regulations governing the business or profession of funeral directing and the business or profession of embalming;
(4)
To fix and prescribe standards of sanitation to be observed in the embalming of dead human bodies or cremation of dead human bodies;
(5)
To regulate and control the business or profession of funeral directing or embalming;
(6)
To fix and prescribe minimum standards of general appearance of funeral establishments or crematories;
(7)
To adopt a common seal; and
(8)
To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and for the practice of embalming and funeral directing within this state. All rules and regulations of the board existing immediately prior to April 11, 1990, which are not inconsistent with this article shall continue in effect until repealed, amended, or otherwise changed by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-40 - Application for license; examination

Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not been licensed to do so shall make written application to the board through the division director for such license. Such application shall be upon such form and shall be submitted in such manner as shall be prescribed by the board and the applicant shall pay such fee as may be fixed by the board. Before being issued a license to practice funeral directing or embalming in this state, all applicants shall pass an examination approved by the board which tests their qualifications and skill in either funeral directing or embalming, or both, as the case may be; and such examination shall be made in the manner provided for in this article and by the board through rules and regulations.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-41 - Qualifications of embalmer or funeral director applicants

(a)
Each applicant for a license as either an embalmer or a funeral director shall:
(1)
Be at least 18 years of age;
(2)
Be of good moral character; and
(3)
Have graduated from a high school or have earned a state approved high school equivalency (HSE) certificate.
(b)
In addition to the qualifications set out in subsection (a) of this Code section, an applicant for an embalmer's license shall:
(1)
Have graduated from a program at an accredited college of funeral service or such other college as provided by board rule; and
(2)
Have completed a minimum of 3,120 hours, pursuant to rules and regulations of the board, of service as an apprentice as provided in Code Sections
43-18-50
through
43-18-54
.
(c)
In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section
43-18-50
; and, effective January 1, 1991, must pass an examination approved by the board which tests knowledge of the law of this state relating to funeral directors.
(d)
An individual who has met the educational requirement specified in paragraph (1) of subsection (b) of this Code section shall be eligible to take the section of the examination for embalmer relating directly to scholastic training without waiting until such individual meets the additional requirements for licensure specified in paragraph (2) of said subsection; provided, however, that such individual must submit a proper application and pay the required fees as determined by the board. An applicant for licensure as an embalmer who shall have successfully completed the section of the examination for embalmer relating directly to scholastic training shall have no status as an embalmer until such applicant meets all other requirements for licensure as outlined in this article and has received a license as an embalmer from the board.
Amended by 2022 Ga. Laws 726,§ 10, eff. 7/1/2022.
Amended by 2010 Ga. Laws 417,§ 22, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-42 - Reciprocity; examination upon meeting qualifications

(a)
The board may, in its discretion and in accordance with regulations adopted by the board, grant to any person licensed in another state, territory, country, or District of Columbia full privileges to engage in equivalent practice authorized by this article without taking a national examination if:
(1)
(A)
On or after January 1, 1991, such person successfully passes an examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and
(B)
Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are:
(i)
In effect in Georgia on the date of application; or
(ii)
Substantially equal to the requirements for a similar license in Georgia; or
(2)
Such person seeking a license pursuant to this Code section has engaged in the active practice of funeral service as a licensed funeral director and embalmer for three years immediately preceding his or her application for a license in Georgia.
(b)
Nothing in this Code section shall be construed to prevent an applicant denied pursuant to this Code section from taking the examination for licensure pursuant to this article if that applicant otherwise meets the qualifications set out in Code Section
43-18-41
.
Amended by 2010 Ga. Laws 417,§ 23, eff. 5/20/2010.
Amended by 2007 Ga. Laws 263,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-43 - Biennial renewal of licenses

(a)
Each license issued by the board shall expire biennially.
(b)
If the licensee desires a renewal of such license, the board shall grant and issue the same without further examination upon application therefor and upon the payment of a renewal fee to be fixed by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-43.1 - Application for reinstatement of licensure

If a licensee who has passed the examination for licensure as a funeral director required under this part and who has not been subject to disciplinary action by the board allows or has allowed his or her license to lapse for a period of not more than ten years, the board shall reinstate such funeral director's license upon such applicant for reinstatement:
(1)
Paying the total amount of all renewal fees for the period during which the license was lapsed, plus a reinstatement fee not to exceed the amount of the biennial renewal fee; and
(2)
Successfully completing continuing education hours as the board may require under Code Section
43-18-56
, unless such continuing education hours would be waived under subsection (c) of Code Section
43-18-56
, if such applicant for reinstatement had not let the license lapse.
Amended by 2024 Ga. Laws 478,§ 1, eff. 4/23/2024.
Added by 2022 Ga. Laws 839,§ 1, eff. 5/9/2022.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-44 - Display of renewal license, wall certificate, or apprentice registration in office or place of business

Each person or establishment who receives a renewal license, wall certificate, or apprentice registration under this article shall display such renewal license, wall certificate, or apprentice registration in a conspicuous place in that person's or establishment's principal office or place of business.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-45 - Transferability of licenses

All funeral director and embalmer licenses and apprentice registrations issued under this article shall apply only to the person receiving same and shall not be transferred or assigned.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-47 - Revocation hearing; service on licensee or applicant; revocation or restriction of license or registration

(a)
Upon the presentation before the board of any of the grounds enumerated in Code Section
43-18-46
or elsewhere in this article for revoking a license or registration, it shall be the duty of the board to cause written notice of the time and place of hearing upon the charge preferred, together with a copy of the charge, to be served upon the licensee or applicant for license, as the case may be, 20 days before the hearing.
(b)
The board shall conduct such hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c)
The board may, upon satisfactory proof that a licensee or registrant has been guilty of any of the offenses enumerated in Code Section
43-18-46
or elsewhere in this article revoke a license or registration or may limit or restrict a license or registration upon a majority vote of the board after a hearing thereon.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-48 - Refusal to grant license or registration

The board may refuse to grant a license or registration. Refusal to grant a license or registration shall not be deemed to be a contested case 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 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-49 - Reinstatement of revoked license

At any time after the final termination of the proceeding revoking a license, the board may, by a majority vote, issue a new license to a person affected restoring and conferring all the rights and privileges of and pertaining to the practice of embalming or funeral directing, as defined and regulated by this article. Any person desiring a new license shall be held to the same requirements as are persons who have not previously been licensed as such in this state.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-50 - Application for funeral service apprenticeship; period of apprenticeship

(a)
Every person desiring to serve as an apprentice shall make application as a funeral service apprentice to the board upon a form provided by the board. The applicant must be at least 18 years of age and have either graduated from high school or have a state approved high school equivalency (HSE) certificate. The apprenticeship shall be served at an approved establishment and under the direct supervision of a funeral director, embalmer, or both. The application must be verified by oath of applicant and be accompanied by a fee to be established by the board. The application shall be submitted to the board and may be accepted or rejected by a majority of the board.
(b)
An apprenticeship shall be approved for a specific establishment and under a specific supervising funeral director, embalmer, or both. Any change in establishment or supervising funeral director, embalmer, or both shall terminate that apprenticeship and shall require submission of a new application.
(c)
The total period of apprenticeship shall be 3,120 hours and must be served in a minimum of 18 months, but the minimum period shall be in addition to the time required to graduate from a college of funeral service or other college pursuant to paragraph (1) of subsection (b) of Code Section
43-18-41
. An apprentice shall be authorized to earn apprenticeship hours in an amount to be determined by the board while attending a postgraduate school or a program at an accredited college of funeral service or other college approved by the board.
Amended by 2022 Ga. Laws 726,§ 10, eff. 7/1/2022.
Amended by 2012 Ga. Laws 637,§ 5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-51 - Renewal of registration of apprenticeship

A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section
43-18-54
. The hours served after a registration has been revoked will not be carried forth into any subsequent apprenticeship period.
Amended by 2022 Ga. Laws 839,§ 2, eff. 5/9/2022.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-52 - Supervision and control of apprentices; reporting hours served

All apprentices shall be under the supervision and control of the board and shall upon application for licensure submit to the board proof of having served the required number of hours on forms provided by the board. After completing the 3,120 hours for apprenticeship within the specified period, they shall send the last report to the board regardless of the date. The information contained in the report shall be certified as correct by the funeral director in full and continuous charge and by the supervising funeral director and embalmer.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-53 - Leaves of absence during apprenticeship

(a)
The board may grant leaves of absence for good cause, and grant extensions thereof to apprentices registered under the provisions of this article. However, no credit shall be given for the period during which the apprentice is on such leave, and no more than an aggregate of four years of such leave shall be granted to any person. Application for leave of absence and for extension thereof shall be made by the apprentice upon a form provided by the board.
(b)
Upon the termination of a leave of absence or of any extension thereof, if the apprentice resumes the apprenticeship at the same establishment and under the same funeral director in full and continuous charge and under the same funeral director, embalmer, or both, the apprentice shall report to the board the fact of having so resumed the duties as an apprentice. Such notice must be certified to by each of the aforementioned funeral directors and embalmers. An apprentice who fails to provide such notice within 30 days after the end of the leave of absence may not enter those hours on the apprenticeship report form.
(c)
Upon the termination of a leave of absence or of any extension thereof, if the apprentice seeks to serve at a different facility or under different personnel, a new application and fee must be submitted.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 18 - FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-1 — 43-18-90) › Article 1 - FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS (§§ 43-18-1 — 43-18-80) › Part 3 - LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS (§§ 43-18-40 — 43-18-56) › Section 43-18-55 - Continuing education requirements for embalmers

(a)
The board shall be authorized to require persons seeking renewal of an embalmer's license under this chapter to complete board approved continuing education of not less than ten hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations or by others the board deems appropriate.
(b)
The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under other such circumstances as the board deems appropriate.
(c)
The continuing education requirement pursuant to this Code section shall be waived for persons who hold an inactive license or for licensed individuals over the age of 65.
(d)
An embalmer who is also a licensed funeral director and who completes the continuing education requirements for funeral directors pursuant to Code Section
43-18-56
shall not be required to complete additional continuing education requirements pursuant to this Code section.
(e)
The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(f)
This Code section shall apply to each licensing renewal cycle which begins after the 1996 renewal.