reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 4B - GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION (§§ 43-4B-1 — 43-4B-55) › Article 4 - MARTIAL ARTS AND WRESTLING ORGANIZATIONS (§§ 43-4B-40 — 43-4B-55) › Section 43-4B-55 - Exemptions

(a)
Subject to the restriction set forth in Code Section
43-4B-53
, the commission is authorized to exempt organizations from the requirements of licensure and permitting when the commission, in its discretion, deems the matches, contests, and exhibitions authorized or governed by the organization present little or no danger to the health and safety of the competitors and the public.
(b)
In determining whether to exempt an organization from licensure and permitting requirements, the commission shall consider the following factors:
(1)
Whether the organization requesting exemption has allowed any person who has ever pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state, within ten years of such conviction or plea, to act as a promoter for any match, contest, or exhibition that it has sanctioned, governed, licensed, or authorized or whether it has authorized, retained, employed, or otherwise allowed such a person to act or serve as its employee or representative in connection with any match that it has sanctioned, governed, licensed, or authorized. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. Should the commission determine that a sanctioning organization has allowed, retained, employed, or otherwise authorized such a person to act in any of the aforementioned capacities, the organization shall not be exempted from the requirements of licensure;
(2)
Whether the matches, contests, and exhibitions are conducted in the course of teaching wrestling or a martial art and are closely supervised by well-trained teachers;
(3)
Whether an admission fee is charged for viewing the matches, contests, or exhibitions;
(4)
Whether the matches, contests, or exhibitions offer a commercial advantage to the organization;
(5)
Whether the matches, contests, or exhibitions are conducted in a manner to minimize the danger of injury;
(6)
Whether the commission's information about previous matches, contests, or exhibitions conducted by the organization indicates that the matches, contests, or exhibitions are likely to result in injury; and
(7)
Other factors deemed by the commission as indicia of danger to health or safety and set out in rules promulgated by the commission.
Added by 2005 Ga. Laws 325,§ 12, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-1 - Definitions

As used in this chapter, the term:
(1)
"Athletic injury" means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section.
(2)
"Athletic trainer" means a person with specific qualifications, as set forth in Code Sections
43-5-7
and
43-5-8
who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers.
(3)
"Board" means the Georgia Board of Athletic Trainers.
Amended by 2017 Ga. Laws 275,§ 43, eff. 5/9/2017.
Amended by 2008 Ga. Laws 775,§ 12, eff. 7/1/2008.
Amended by 2005 Ga. Laws 78,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-2 - Georgia Board of Athletic Trainers; composition; qualifications of members; terms of office; oath of members; vacancies

(a)
The Georgia Board of Athletic Trainers, composed of four members who shall be appointed by the Governor and confirmed by the Senate, is created. To qualify as a member, a person must be a citizen of the United States and a resident of this state. Two members must be athletic trainers, one member must be a physician licensed by the state, and one member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of athletic training.
(b)
Members shall serve for a term of office of six years. All terms shall expire on January 31 of even-numbered years. In making the initial appointments, the Governor shall appoint one member for a term expiring in 1978, one member in 1980, and one member for a term expiring in 1982. The initial appointment for the member appointed from the public at large shall expire January 31, 1986.
(c)
Each appointee to the board shall qualify by taking an oath of office within 15 days from the date of his appointment. On presentation of the oath, the Secretary of State shall issue commissions to appointees as evidence of their authority to act as members of the board.
(d)
In the event of death, resignation, or removal of any member, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-3 - Election of officers; appointment of committees; meetings

(a)
The board shall elect a chairman and a vice-chairman from its members for a term of one year and may appoint such committees as it considers necessary to carry out its duties.
(b)
The board shall meet at least twice each year. Additional meetings may be held on the call of the chairman or at the written request of any two members of the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-4 - Record of proceedings

The division director shall keep a record of the board's proceedings in a book maintained for that purpose.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-5 - Reimbursement of board members

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 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-6 - General powers and duties of board

(a)
The board is authorized to promulgate and adopt rules and regulations consistent with this chapter which are necessary for the performance of its duties.
(b)
The board shall prescribe application forms for license applications.
(c)
The board shall establish guidelines for athletic trainers in the state and prepare and conduct an examination for applicants for a license.
(d)
The board shall adopt an official seal and the form of a license certificate of suitable design.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-7 - License requirement for persons engaged as athletic trainers

No person shall hold himself or herself out as an athletic trainer or perform the services of an athletic trainer, as defined in this chapter, without first obtaining a license under this chapter; provided, however, that nothing in this chapter shall be construed to prevent any person from serving as a student-trainer, assistant-trainer, or any similar position if such service is not primarily for compensation and is carried out under the supervision of a physician or a licensed athletic trainer.
Amended by 2005 Ga. Laws 78,§ 2, eff. 7/1/2005.
Amended by 2002 Ga. Laws 916, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-8 - Qualifications of applicants; reciprocity

(a)
An applicant for an athletic trainer's license must have met the athletic training curriculum requirements of a college or university approved by the board and give proof of graduation.
(b)
The board shall be authorized to grant a license, without examination, to any qualified athletic trainer holding a license in another state if such other state recognizes licensees of this state in the same manner.
(c)
The board may grant a license without examination to any qualified applicant who holds a certification from the National Athletic Trainers Board of Certification.
(d)
Any person who was issued a license prior to July 1, 2004, shall remain qualified for licensure, notwithstanding the requirement for proof of graduation in subsection (a) of this Code section, so long as the license remains current.
Amended by 2002 Ga. Laws 916, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-9 - Application for, issuance of, and term of license

(a)
An applicant for an athletic trainer's license must submit an application to the board on forms prescribed by the board and submit the examination fee required by this chapter.
(b)
The applicant is entitled to an athletic trainer's license if he possesses the qualifications enumerated in Code Section
43-5-8
, satisfactorily completes an examination approved by the board, pays the required license fee, and has not committed an act which constitutes grounds for denial of a license under Code Section
43-5-10
.
(c)
Licenses issued by the board shall expire biennially. As a condition of license renewal, the board shall be authorized to require licensees to complete continuing education courses approved by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-10 - Grounds for denial, suspension, or revocation of licenses

The board may refuse to issue a license to an applicant or may suspend or revoke the license of any licensee if he has:
(1)
Been convicted of a felony or misdemeanor involving moral turpitude, the record of conviction being conclusive evidence of conviction;
(2)
Secured the license by fraud or deceit; or
(3)
Violated or conspired to violate this chapter or rules and regulations issued pursuant to this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-11 - Hearing before board when license denied, revoked, or suspended; reissuance of license

(a)
Any person whose application for a license is denied is entitled to a hearing before the board if he submits a written request to the board.
(b)
Proceedings for revocation or suspension of a license shall be commenced by filing charges with the board in writing and under oath. The charges may be made by any person or persons.
(c)
The division director shall fix a time and place for a hearing and shall cause a written copy of the charges or reason for denial of a license, together with a notice of the time and place fixed for hearing, to be served on the applicant requesting the hearing or licensee against whom the charges have been filed at least 20 days prior to the date set for the hearing. Service of charges and notice of hearing may be given by certified mail or statutory overnight delivery to the last known address of the licensee or applicant.
(d)
At the hearing, the applicant or licensee has the right to appear either personally or by counsel, or both, to produce witnesses, to have subpoenas issued by the board, and to cross-examine the opposing or adverse witnesses.
(e)
The board is not bound by strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it.
(f)
The board shall determine the charges on their merits and enter an order in a permanent record setting forth the findings of fact and law and the action taken. A copy of the order of the board shall be mailed to the applicant or licensee at his last known address by certified mail or statutory overnight delivery.
(g)
On application, the board may reissue a license to a person whose license has been canceled or revoked, but the application may not be made prior to the expiration of a period of six months after the order of cancellation or revocation has become final; and the application shall be made in the manner and form as the board may require.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-12 - Appeal from board's order

(a)
A person whose application for a license has been refused or whose license has been canceled, revoked, or suspended by the board may take an appeal, within 30 days after the order is entered, to any court of competent jurisdiction.
(b)
A case reviewed under this Code section shall proceed in the superior court by trial de novo. Appeal from the judgment of the superior court lies as in other civil cases.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-13 - Exceptions to operation of chapter

(a)
Nothing in this chapter shall be construed to authorize the practice of medicine by any person not licensed by the Georgia Composite Medical Board.
(b)
This chapter does not apply to physicians licensed by the Georgia Composite Medical Board; to dentists, duly qualified and registered under the laws of this state who confine their practice strictly to dentistry; nor to licensed optometrists who confine their practice strictly to optometry as defined by law; nor to occupational therapists; nor to nurses who practice nursing only; nor to duly licensed chiropodists or podiatrists who confine their practice strictly to chiropody or podiatry as defined by law; nor to physical therapists who confine their practice to physical therapy; nor shall any provisions of this chapter be construed so as to limit or prevent any person duly licensed under the laws of this state to practice the profession for which he or she was licensed.
Amended by 2009 Ga. Laws 243,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 5 - ATHLETIC TRAINERS (§§ 43-5-1 — 43-5-15) › Section 43-5-14 - Penalty

Any person who violates Code Section
43-5-7
shall be guilty of a misdemeanor of a high and aggravated nature.
Amended by 2003 Ga. Laws 178, § 2, eff. 5/31/2003.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-1 - Definitions

As used in this chapter, the term:
(1)
"Absolute auction" shall mean that ownership and title of real or personal property offered at auction must be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner of the property.
(2)
Reserved.
(3)
"Auction business" or "business of auctioning" means the performing of any of the acts of an auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale.
(4)
"Auction with reserve" shall mean that the seller reserves the right to refuse any and all bids.
(5)
"Auctioneer" means any person who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale and has been duly licensed, as provided in this chapter.
(6)
"Commission" means the Georgia Auctioneers Commission.
(7)
"Company" means an association, partnership, limited liability company, corporation, or sole proprietorship and shall also include the officers, directors, members, and employees of such entities.
(8)
"Goods" means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale.
(9)
"Person or persons" means an individual.
(10)
"Ringperson" means any person employed directly by an auctioneer or auction company responsible for a sale who assists the auctioneer in the conduct of an auction, provided that such person shall not be permitted to call or chant a bid or negotiate a listing contract.
Amended by 2014 Ga. Laws 535,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-2 - Georgia Auctioneers Commission; composition; terms of office; qualifications of members

(a)
The Georgia Auctioneers Commission is created under the Secretary of State and the division director.
(b)
The commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only.
(c)
Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a consumer advocate and a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-3 - Selection of chairman; rules and regulations; meetings

(a)
The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter.
(b)
The commission shall meet as necessary and shall remain in session as long as the chairman deems it necessary to give full consideration to the business before the commission.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-4 - Reimbursement of commission members

Each member of the commission 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 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-6 - Seal

The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words "State Auctioneers Commission, State of Georgia" and such other devices as the commission may desire included thereon, by which it shall authenticate the acts of the commission.
Amended by 2011 Ga. Laws 52,§; 65, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-7 - Adoption of rules and regulations

The commission is authorized to adopt rules and regulations relating to the professional conduct of licensees, a code of ethics, and the administration of this chapter. Such rules and regulations shall not apply to and shall not set schedules of fees or commissions for the services of the licensees.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-8 - Authority to regulate issuance of licenses, to revoke or suspend licenses, and to censure licensees

Except as provided in Code Section
43-1-4
, the commission shall have the power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees for any violation of this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-9 - License requirement for auctioneers; registration for companies conducting auctions; restrictions as to sales of real property

(a)
It shall be unlawful for any person, directly or indirectly, to engage in, conduct, advertise, hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer within this state without first obtaining a license as an auctioneer, as provided in this chapter, unless he or she is exempted from obtaining a license under Code Section
43-6-24
.
(b)
It shall be unlawful for any licensed auctioneer to act in such capacity in the sale of real property unless such auctioneer shall also be licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of this title; provided, however, that any auctioneer who was licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he or she has been auctioning real property for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of this title.
(c)
It shall be unlawful for any company, directly or indirectly, to engage in, conduct, advertise, hold itself out as engaging in or conducting the business of auctioning without first being registered by the commission, unless such company is exempted from obtaining a license pursuant to Code Section
43-6-24
.
Amended by 2014 Ga. Laws 535,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-10 - Application by person for license

Any person desiring to act as an auctioneer must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1)
The name and address of the applicant or the name under which he or she intends to conduct business; if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted; and, if the applicant is a corporation, the name and address of each of its principal officers;
(2)
The place or places, including the municipality, with the street and street number, if any, where the business is to be conducted; and
(3)
Such other information as the commission shall require.
Amended by 2014 Ga. Laws 535,§ 3, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-11 - Qualifications of applicants

(a)
No auctioneer's license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he or she has fully complied with Code Section
43-6-12
, nor to any person who is not a citizen or has not filed his or her intent to become a citizen of the United States.
(b)
Each applicant for an auctioneer's license shall be required to pass an examination in a form prescribed by the commission.
(c)
Each applicant for licensure as an auctioneer must prove to the commission that he or she is reputable, trustworthy, honest, and competent to transact the business of auctioning in such a manner as to safeguard the interest of the public.
(d)
Each applicant for licensure as an auctioneer shall have successfully graduated from an accredited high school or obtained a state approved high school equivalency (HSE) and have graduated from an auctioneers school approved by the commission prior to making an application for an auctioneer's license.
Amended by 2022 Ga. Laws 726,§ 10, eff. 7/1/2022.
Amended by 2014 Ga. Laws 535,§ 4, eff. 7/1/2014.
Amended by 2011 Ga. Laws 245,§ 43, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-11.1 - Application by company for registration; exemptions; trust accounts

(a)
No company shall be registered to engage in the business of auctioning unless such company furnishes to the commission:
(1)
A completed application form as prescribed by the commission;
(2)
Satisfactory evidence approved by the commission that the company employs or shall employ an auctioneer licensed under the provisions of this chapter to conduct any auctions in this state; and
(3)
If such company is a foreign corporation, satisfactory evidence approved by the commission that such company is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14.
(b)
A company owned by or employing one or more full-time auctioneers licensed by the commission may be exempt from subsection (a) of this Code section, provided that such company is directly supervised by a licensed auctioneer.
(c)
A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section
43-6-18
.
(d)
An auction company must maintain at all times an active trust account and register such account with the Georgia Auctioneers Commission.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-11.2 - Expiration of licenses; waiver of continuing education requirement; rules and regulations

(a)
Licenses for auctioneers shall expire biennially as provided in Code Section
43-1-4
. The commission shall be authorized to require persons seeking renewal of an auctioneer's license under this chapter to complete commission approved continuing education of not more than eight hours biennially.
(b)
The commission shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the commission deems appropriate.
(c)
The commission shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d)
This Code section shall apply to each biennial renewal cycle which begins after the 1990-1991 renewal.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-12 - Reciprocity; nonresident license requirement; designation of agents for service of process

(a)
Any resident of another state who holds a current license as an auctioneer under the laws of any other state having requirements similar to those in this chapter may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without written examination upon the payment of the fees as required by the commission.
(b)
Any resident of another state which does not have a law regulating the licensing of auctioneers but who holds a current and valid license in a state which has a reciprocal licensing agreement with Georgia may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without examination upon the payment of a fee as required by the commission.
(c)
Prior to the issuance of a license to a nonresident auctioneer, such nonresident shall file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee's agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee.
Amended by 2014 Ga. Laws 535,§ 5, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-12.1 - Proof of residence

In order for an applicant to obtain an auctioneer's license, such applicant must show proof of a residence.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-13 - License fees; effect of nonpayment of checks submitted as fee

(a)
The division director, at the time an application for licensure is submitted, shall collect from an applicant a fee in an amount established by the commission. The commission may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business prior to or after the issuance of any such license.
(b)
After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium.
(c)
The auctioneer's biennial license fee shall be an amount established by the commission and the apprentice auctioneer's biennial license fee shall be an amount established by the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter.
(d)
Any check presented to the division director as a fee for either an original or renewal license which is returned unpaid shall be cause for revocation or denial of a license.
(e)
Notwithstanding any other fee prescribed in this chapter, a company shall be required to pay registration and renewal fees in an amount established by the commission.
Amended by 2010 Ga. Laws 417,§ 13, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-14 - Contents and display of license

Each license shall have placed thereon the seal of the commission. The license of each auctioneer shall be delivered or mailed to his or her place of business and shall be displayed conspicuously at all times in the office of the licensee. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed auctioneer, as the case may be, stating the period of time for which fees have been paid. If an auctioneer maintains more than one place of business within the state, a branch office license shall be issued to such auctioneer for each branch office so maintained by him or her upon the payment of a biennial fee in an amount established by the commission; and the branch office license shall be conspicuously displayed in each branch office.
Amended by 2014 Ga. Laws 535,§ 6, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-14.1 - Carrying license identification card required

All licensees must carry on their person, when participating in the auctioneering business in any capacity, their Georgia auctioneer's license identification card and must present such card upon demand by any official of the State of Georgia.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-16 - Grounds for refusal to issue license

(a)
Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of auctioning in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission shall grant a license to a corporation, limited liability company, or partnership only if the stockholder, member, or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness, and integrity.
(b)
Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of any other crime in a court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country, such untrustworthiness of the applicant and the conviction, in itself, may be a sufficient ground for refusal of a license.
(c)
Where an applicant has made a false statement of material fact on his or her application, such false statement, in itself, may be sufficient ground for refusal of a license.
(d)
Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license.
Amended by 2014 Ga. Laws 535,§ 7, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-17 - Procedure upon nonacceptance of applications

If the commission, after an application in proper form has been filed and accompanied by the proper fee, shall refuse to accept the application, the commission shall provide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-18 - Grounds for revocation or suspension of licenses and censure of licensees

The commission may, upon its own motion, and shall, upon the signed complaint in writing of any person, investigate the actions of any auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following:
(1)
Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, either in person or through any form of advertising, which may create false or unjustified expectations of the services to be performed;
(2)
Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but conducting it as an auction with reserve or otherwise;
(3)
Failing to account for or remit, within 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep such funds of others in an escrow or trustee account;
(4)
Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony;
(5)
Violation of any rule or regulation or code of ethics promulgated by the commission;
(6)
Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness;
(7)
Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishonest dealings;
(8)
Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or
(9)
Knowingly making any misleading, false, or deceptive statement on any application for a license under this chapter.
Amended by 2014 Ga. Laws 535,§ 8, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-18.1 - Inspector

The commission shall have an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations.
Amended by 2008 Ga. Laws 775,§ 13, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-18.2 - Sanctions

After notice and opportunity for hearing as provided in Code Section
43-6-19
, the commission, in its discretion, may sanction, as provided in Code Section
43-1-19
and Code Section
43-6-18
, a company registered or required to be registered in accordance with this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-19 - Hearings regarding revocation or suspension of licenses or censure of licensees; appeals

Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-20 - [Repealed] Effect of revocation of auctioneer's license on licenses of apprentice auctioneers

Repealed by 2014 Ga. Laws 535,§ 9, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-21 - Notification of change of business address

Should the auctioneer change his or her place of business, he or she shall notify the commission in writing within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer.
Amended by 2014 Ga. Laws 535,§ 10, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-22 - Prerequisite for bringing action for compensation; power of commission to sue for violation

(a)
No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he or she was a duly licensed auctioneer at the time the alleged cause of action arose.
(b)
The commission may bring an action for any violation of this chapter.
Amended by 2014 Ga. Laws 535,§ 11, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-23 - Injunctions

Whenever, in the judgment of the commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may bring an action in the name of the state in the superior court of the county in which venue is proper, to abate and temporarily and permanently to enjoin such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-24 - Exceptions to operation of chapter

Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter shall not apply to any nonprofit organization conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or prevention of such disabilities or disorders, nor shall this chapter apply to any auction conducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auctioneer so long as the nonprofit organization obtains a letter of exemption from the commission. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section
10-4-101
or to any youth livestock auction, sponsored by a 4-H Club or the Future Farmers of America; provided, however, that such organization or agency must first obtain from the commission a letter of exemption. This chapter shall not apply to students of approved auctioneering schools during the term of their course of study. This chapter shall not apply to any person conducting a public sale of personal property pursuant to the provisions of Code Section
10-4-213
. This chapter shall not apply to ringpersons as defined in Code Section
43-6-1
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-24.1 - Liabilities of licensed auctioneer not relieved

Nothing in this chapter shall relieve an auctioneer licensed in this state of all his or her liabilities under this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-25 - Penalty

Any person or corporation acting as an auctioneer within the meaning of this chapter without a license and any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, by imprisonment for a term not to exceed 90 days, or both.
Amended by 2014 Ga. Laws 535,§ 12, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 6 - AUCTIONEERS (§§ 43-6-1 — 43-6-26) › Section 43-6-25.1 - Local regulations and licensing

Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any auctioneer required to be licensed by this chapter unless such auctioneer has been approved for licensure by the commission as required in this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 7 - [REPEALED] BARBERS (§ 43-7-1) › Section 43-7-1 - through 43-7-27 - [Reserved]

Reserved. Repealed by Ga. L. 2015, p. 1287, § 1/HB 314, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 7A - PRACTICE OF APPLIED BEHAVIOR ANALYSIS (§§ 43-7A-1 — 43-7A-11) › Section 43-7A-1 - Legislative findings

The General Assembly finds that the practice of applied behavior analysis in Georgia is hereby declared to affect the public health, safety, and welfare of citizens of Georgia and should be subject to regulation to protect the public from:
(i)
the practice of applied behavior analysis by unqualified persons; and
(ii)
unprofessional, unethical, and harmful conduct by behavior analysis practitioners.
Added by 2022 Ga. Laws 811,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 7A - PRACTICE OF APPLIED BEHAVIOR ANALYSIS (§§ 43-7A-1 — 43-7A-11) › Section 43-7A-2 - Definitions

As used in this chapter, the term:
(1)
"Applied behavior analysis" means the design, implementation, and evaluation of systematic instructional and environmental modifications by a behavior analyst, to produce socially significant improvements in behavior.
(2)
"Behavior technician" means a paraprofessional who practices under the extended authority, close and ongoing supervision, and responsibility of a licensed behavior analyst or licensed assistant behavior analyst and delivers services as assigned by such licensee but does not design assessment or intervention plans or procedures.
(3)
"Board" means the Georgia Behavior Analyst Licensing Board created pursuant to this chapter.
(4)
"Board certified" means a certification issued by a certifying entity to a practitioner of applied behavior analysis demonstrating that such practitioner meets specific requirements.
(5)
"Certifying entity" means the Behavior Analyst Certification Board, Inc., or its successor, or another entity that conducts programs to certify professional practitioners of behavior analysis that are accredited by the National Commission on Certifying Agencies or the American National Standards Institute as identified by the board.
(6)
"Licensed assistant behavior analyst" means an individual who is licensed pursuant to this chapter to practice as an assistant behavior analyst.
(7)
"Licensed behavior analyst" means an individual who is licensed pursuant to this chapter to practice as a behavior analyst.
(8)
"Practice of applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. Such term includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; interventions based on scientific research and direct and indirect observation and measurement of behavior and the environment; and the utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. Such term expressly excludes psychological testing, diagnosis of a mental or physical disorder, psychotherapy, cognitive therapy, psychoanalysis, and counseling.
Added by 2022 Ga. Laws 811,§ 1, eff. 7/1/2023.