reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-9 - LICENSEES TO COMPLY WITH ALL LAWS › Rule 681-9-.01 - Licensees to Comply With All Laws

Current through Rules and Regulations filed through June 27, 2024
Each used motor vehicle dealer and each place of business of
				the used car dealer shall comply with all local, state, and federal laws,
				including, but not limited to, the following:
(a) the Georgia Used Motor Vehicle Dealers
			 and Used Motor Vehicle Parts Dealers' Registration Act, Chapter 47 of Title 43
			 of the Official Code of Georgia Annotated.
(b) the Georgia Fair Business Practices Act
			 of 1975, Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of
			 Georgia Annotated.
(c) the Georgia
			 Motor Vehicle Certificate of Title Act, Chapter 3 Title 40 of the Official Code
			 of Georgia Annotated.
(d) Chapter 2
			 of the Title 40 of the Official Code of Georgia Annotated,"Registration and
			 Licensing of Motor Vehicle."
(e)
			 all tax laws of the State of Georgia and of the United States.
O.C.G.A. Secs.
				  43-47-6,  43-47-11.1.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-10 - RECORDS › Rule 681-10-.01 - Records to be Kept

Current through Rules and Regulations filed through June 27, 2024
Every licensee shall maintain in the salesroom or sales office
				of the established place of business for three (3) years (or for a longer
				period of time if required by other statute, law, or regulation), and have
				available at all times for inspection, the following records:
(a) all records associated with odometers as
			 required by O.C.G.A. Section
			  10-1-393(b)(15);
			 in  15 U.S.C. Sections 1981  through 1991; and  49 C.F.R. Part 580 . (These records
			 are required by law and regulations to be maintained for five years.)
(b) all bills of sale, contracts, financing
			 contracts and other evidence of sales or financing transactions with
			 consumers.
(c) records of all
			 purchases or sales of used motor vehicles, including a description of vehicle,
			 bills of sale, vehicle identification numbers, date of purchase, the name and
			 address of the party from whom the purchase was made or to whom the sale was
			 made, that person's driver's license number or social security number, and
			 copies of all contracts or other evidence of the purchase or sale.
(d) copies of all insurance policies as
			 required in the Act.
(e) copies of
			 leasing or rental records of any motor vehicle which is intended for sale or
			 actually sold, including mileage records, the names and addresses of all
			 persons who have rented or leased the vehicle, rental or lease contracts,
			 vehicle identification numbers, and damage repair records.
(f) records reflecting any repairs made to
			 any motor vehicle by the licensee.
(g) copies of all applications for motor
			 vehicle titles.
(h) all sales tax
			 records as required by law.
(i) a
			 copy of the bond required by the Act.
(j) records of all vehicles or vehicle bodies
			 disposed of by licensee, including its description, vehicle identification
			 number, date of disposition, and name, address, and driver's license or social
			 security number of the person to whom it was disposed.
O.C.G.A. Secs.
				  43-47-6,  43-47-12.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-11 - SEMINAR › Rule 681-11-.01 - Board Approved Seminar

Current through Rules and Regulations filed through June 27, 2024
All applicants for a new license, as defined in these Rules and
				as described in Chapter 681-12 of these Rules, prior to obtaining licensure as
				a used motor vehicle dealer are required to attend a Board approved
				seminar.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-11 - SEMINAR › Rule 681-11-.03 - Annual Review and Termination of Approval

Current through Rules and Regulations filed through June 27, 2024
(a) At the end of each year, the
			 individual(s) conducting the seminar must submit the course outline and course
			 materials and the Division shall be authorized to review those materials to
			 determine whether the criteria are still being met.
(b) The Division reserves the right to send a
			 representative to the seminar to verify that the required areas of instruction
			 contained in Rule
			  681-11-.02  are being taught to the
			 seminar attendees.
(c) The Division
			 reserves the right to withdraw approval of a previously approved seminar upon
			 receipt of information that the criteria set forth above have not been or are
			 no longer being met or upon receipt of information that business is being
			 solicited during the presentation of the seminar. Prior to withdrawal of such
			 approval, the Division shall provide to the presenter of the seminar an
			 opportunity to appear before the Division.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-11 - SEMINAR › Rule 681-11-.04 - Division Seminar

Current through Rules and Regulations filed through June 27, 2024
The Division reserves the right to conduct the seminar itself
				should the Division, in its discretion, determine that a Division-conducted
				seminar is necessary to provide applicants for licenses an adequate opportunity
				for the required educational seminar.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-12 - APPLICANTS › Rule 681-12-.01 - Corporations: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
(1) In the event that a corporation, duly
			 licensed to do business in the State of Georgia, makes application for
			 licensure, such corporation shall designate as the "applicant:"
(a) the President of the
			 corporation;
(b) the Secretary of
			 the corporation; or
(c) a
			 designated Corporate Agent who is a full-time employee of the
			 corporation.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-12 - APPLICANTS › Rule 681-12-.02 - Partnerships: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
(1) In the event that a partnership, duly
			 licensed to do business in the State of Georgia, makes application for
			 licensure, such partnership shall designate as the "applicant";
(a) one of the partners; or
(b) a designated agent of partnership who is
			 a full-time employee of the partnership.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-12 - APPLICANTS › Rule 681-12-.03 - Sole Proprietorships: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
The applicant for licensure for a sole proprietorship shall be
				the sole proprietor.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-12 - APPLICANTS › Rule 681-12-.04 - All Others: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
Should any person or entity other than a corporation, a
				partnership, or a sole proprietorship desire to make application for licensure,
				the Division will, upon receipt of notice that such person seeks licensure,
				determine who may be the applicant for that person or entity, and under what
				conditions.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-12 - APPLICANTS › Rule 681-12-.05 - Application Subsequent to Revocation of License

Current through Rules and Regulations filed through June 27, 2024
(1) If the license of a corporation has been
			 revoked, the corporation, the licensee, nor the designated agent, may make
			 application for reinstatement of license for a period of five (5) years,
			 without the approval of the Division; and any facility which the corporation
			 owned or operated may not make application for reinstatement of license for a
			 period of five (5) years unless the person making such application can make an
			 affirmative showing, to the Division's satisfaction, that the person is not
			 acting as the "alter ego" for the revoked corporation.
(2) If the license of a partnership has been
			 revoked, the partnership, any of the individual partners, the licensee, nor the
			 designated agent, may make application for reinstatement of the license for a
			 period of five (5) years, without the approval of the Division; and any
			 facility which the partnership owned or operated may not make an application
			 for reinstatement of license for a period of five (5) years unless the person
			 making such application can make an affirmative showing, to the Division's
			 satisfaction, that said person is not acting as the "alter ego" for the revoked
			 partnership.
(3) If the license of
			 a sole proprietorship has been revoked, the licensee may not make application
			 for reinstatement of license for a period of five (5) years without the
			 approval of the Division; and any facility which the sole proprietorship owned
			 and operated may not make application for reinstatement of the license for a
			 period of five (5) years unless the person making such application can make an
			 affirmative showing to the Division's satisfaction, that said person is not
			 acting as the "alter ego" for the revoked proprietorship.
(4) If the Division has reason to believe
			 that any applicant or any licensee is an "alter ego" of the person who has
			 previously had a license revoked, the Division may investigate, or in the case
			 of an applicant, suspend action involving approval of the application for a
			 reasonable time in order to investigate, whether the applicant or licensee is,
			 in fact, such an "alter ego."
(5)
			 If, after notice and opportunity for a hearing as provided in the
			 Administrative Procedures Act, and after adhering to all procedures as called
			 for in the Administrative Procedures Act, the Division shall determine that an
			 applicant or licensee is the "alter ego" of a person who has previously had a
			 license revoked, the Division may refuse to license the applicant or may revoke
			 the license of a licensee.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-12 - APPLICANTS › Rule 681-12-.06 - Military Spouses and Transitioning Service Members

Current through Rules and Regulations filed through June 27, 2024
(1) As used in this rule, the following terms
			 shall mean:
a. "Board" means the State Board
			 of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts
			 Dealers, Used Motor Vehicle Dealers Division.
b. "License" means any license issued by the
			 State Board of Registration of Used Motor Vehicle Dealers and Used Motor
			 Vehicle Parts Dealers, Used Motor Vehicle Dealers Division.
c. "Military" means the United States armed
			 forces, including the National Guard.
d. "Military spouse" means a spouse of a
			 service member or transitioning service member.
e. "Service member" means an active or
			 reserve member of the armed forces, including the National Guard.
f. "Transitioning service member" means a
			 member of the military on active duty status or on separation leave who is
			 within 24 months of retirement or 12 months of separation.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-13 - CONTINUING EDUCATION › Rule 681-13-.01 - Continuing Education for Renewal

Current through Rules and Regulations filed through June 27, 2024
Whenever any licensee makes application for renewal of a
				license, the licensee shall attest on the renewal application that he or she
				has completed the required Division approved Continuing Education within nine
				(9) months prior to the renewal of the license, and that he or she can provide
				proof of completion of the required Continuing Education course at the
				Division's request.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-13 - CONTINUING EDUCATION › Rule 681-13-.02 - Hour Requirement

Current through Rules and Regulations filed through June 27, 2024
Renewal of a license shall not be granted unless the licensee
				submits satisfactory proof of at least six (6) hours of attendance at Board
				approved Continuing Education within nine (9) months prior to renewal of a
				license, even year. A minimum of one (1) hour s of Continuing Education must be
				related to the processing of tags and titles. Upon completion of the seminar,
				the certificate must be issued in the same name as the company employing the
				instructors.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-13 - CONTINUING EDUCATION › Rule 681-13-.03 - Division Approval of a Continuing Education Program

Current through Rules and Regulations filed through June 27, 2024
(1) In the discretion of the Division, the
			 Division may grant prior approval to any of the following types of educational
			 activities to meet Continuing Education requirements:
(a) the Division approved
			 seminar(s);
(b) national or state
			 automobile association sponsored seminars, courses of instruction, or
			 meetings;
(c) courses related to
			 used motor vehicles at any state certified institution of higher
			 learning;
(d) seminars or courses
			 related to used cars sponsored or participated in by any state or federal
			 agency;
(e) any other seminar,
			 course, or meeting which the Division deems to be appropriately related to the
			 used car business.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-13 - CONTINUING EDUCATION › Rule 681-13-.04 - Sanctions

Current through Rules and Regulations filed through June 27, 2024
Any licensee who does not meet the requirements of this Rule
				shall be subject to having their license put on probation for a six-month
				period, receiving a private reprimand, and having to pay a $100 penalty fee in
				order to renew the license. In its discretion, the Division may impose any
				additional sanctions available to it which it deems appropriate. If the
				licensee has still not met the Continuing Education requirements at the end of
				the six-month probation period, the license, at the discretion of the Board,
				may be subject to a hearing for revocation of license.
O.C.G.A. Secs.
				  43-47-6,  43-47-8,  43-47-22.
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
In an effort to maintain consistency in the denial of an
				application for or the sanction of a used motor vehicle dealer's license when a
				criminal act has been committed by an applicant or a licensee, the Used Motor
				Vehicle Division (hereinafter, the Division) has adopted specific, but not all
				inclusive, sanctions for convictions. It is the Division's intention for the
				sanctions and denials of licensure set forth in this Chapter to be diligently
				administered; however, the Division reserves the right and authority to make
				exceptions in special situations where the Division deems it to be
				appropriate.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.02 - Crimes Involving Violence or Moral Turpitude, Felonies and Other Crimes

Current through Rules and Regulations filed through June 27, 2024
All convictions for crimes, pleas of guilty, pleas of nolo
				contendere or other offenses for which first offender treatment was received
				shall be reported by applicants on the application for licensure; and for
				licensees, they shall be reported in a written notification to the Division
				within ten (10) days after the date of conviction. The conviction of, plea of
				guilty to, or plea of nolo contendere to, or receiving first offender treatment
				for a crime involving violence, or any other felony or any other crime
				involving moral turpitude shall be conclusive evidence of the commission of
				such crime. Crimes involving tax evasion or failure to pay taxes shall be
				considered crimes involving moral turpitude. A fine or sentence based on a
				conviction of, or a plea of nolo contendere to a charge or indictment by either
				the federal or state be considered a crime involving moral
				turpitude.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.03 - Division Review of Conviction

Current through Rules and Regulations filed through June 27, 2024
At its discretion, the Division may review all instances in
				which an applicant for licensure or a licensee has been convicted of a crime
				involving violence, moral turpitude, or other felonies or crimes, and may apply
				any sanction available to the Division under the laws of this State, including,
				but not limited to, a denial of licensure or a revocation of a current license.
				All offenses for which the Division may deny or sanction a license shall be
				divided into five separate categories based upon the gravity of the offense.
				Each category will have a period of sanction during which time no application
				for license or reinstatement shall routinely be considered, unless the
				applicant or licensee shall have received a pardon for the offense. The period
				of sanction shall commence on the date of conviction.
O.C.G.A. Secs, 43-1-19,
				43-47-6, 43-47-8, 43-47-1".
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.04 - Special Circumstances

Current through Rules and Regulations filed through June 27, 2024
During the period of sanction, the Division may grant a
				license, with or without a sanction, to an applicant or impose a sanction less
				than revocation, including no sanction, on a current license based on
				consideration of the nature of the offense, the date of the conviction, the
				nature of the resolution of the prosecution (e.g. conviction, plea of nolo
				contendere, or first offender treatment), the date of release from custody or
				supervision (e.g. confinement, or probation), the age of the offender when the
				crime was committed, or any other special circumstance. Further, the Division
				may deny a license or otherwise refuse to reinstate a license after the period
				of sanction has expired if the offender is guilty of multiple offenses, if he
				has shown a disregard for the law, if he has not been released from confinement
				for at least twelve (12) months or if there is any other reason for which the
				Division, in its discretion, is of the opinion that the offender is not fit or
				qualified to engage in the used car dealer business.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.05 - Category "A" Crimes

Current through Rules and Regulations filed through June 27, 2024
The period of sanction for category "A" crimes shall be twelve
				(12) years. Category "A" crimes include the following:
(a) armed robbery;
(b) arson;
(c) child molestation;
(d) kidnapping;
(e) murder;
(f) odometer tampering;
(g) rape;
(h) stolen vehicles.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.06 - Category "B" Crimes

Current through Rules and Regulations filed through June 27, 2024
The period of sanction for category 'B' crimes shall be ten
				(10) years. Category 'B' crimes include the following:
(a) burglary;
(b) drug possession with the intent to
			 distribute;
(c)
			 manslaughter;
(d)
			 robbery;
(e) vehicular
			 homicide.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.07 - Category "C" Crimes

Current through Rules and Regulations filed through June 27, 2024
The period of sanction for category "C" crimes shall be five
				(5) years. Category "C" crimes include the following:
(a) aggravated assault;
(b) aggravated battery;
(c) drug possession or use;
(d) entering an automobile
			 illegally;
(e) felony theft by
			 conversion;
(f) felony theft by
			 deception;
(g) felony theft by
			 receiving stolen property;
(h)
			 felony theft by taking;
(i)
			 habitual violation conviction;
(j)
			 possession of break-in tools.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.08 - Category "D" Crimes

Current through Rules and Regulations filed through June 27, 2024
The period of sanction for category "D" crimes shall be three
				(3) years. Category "D" crimes include all felonies not included in categories
				"A","B", or "C".
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.09 - Category "E" Crimes

Current through Rules and Regulations filed through June 27, 2024
Category "E" crimes include all misdemeanor offenses that are
				not included in Categories A, B, and C. Generally, category "E" offenses will
				not affect the status of an application or a current license so long as the
				applicant or licensee does not have more than three (3) category "E" offenses
				and properly notified the Division of that fact.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-14 - CRIMINAL OFFENSES › Rule 681-14-.10 - Applicants Indicating Criminal Background

Current through Rules and Regulations filed through June 27, 2024
Upon receipt of an application for licensure as a Used Motor
				Vehicle Dealer, and whereupon the applicant has indicated a prior criminal
				conviction, the Division may approve the application, provided that the
				applicant lists on said application or on an attachment thereto, ALL criminal
				convictions. The application and attachments must be accompanied by a signed
				affidavit, along with a certified copy of the disposition(s) from the
				appropriate court for each conviction. Failure to report any conviction shall
				be cause for revocation of a license by the Division or the
				Board.
O.C.G.A. Secs.
				  43-1-19,  43-47-6,  43-47-8,  43-47-10(J).
Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-15 - REASONABLE ACCOMMODATIONS FOR DIFFERENTLY ABLE APPLICANTS AND LICENSEES › Rule 681-15-.01 - Reasonable Accommodations for Differently Able Applicants and Licensees

Current through Rules and Regulations filed through June 27, 2024
The Division will provide reasonable accommodations in the
				processes which the Division administers to a qualified applicant or licensee
				with a disability in accordance with the Americans With Disabilities Act. The
				request for an accommodation by a differently able individual must be made in
				writing and received in the Division office by the application deadline or
				other time frame as set by the Division, along with appropriate documentation,
				as indicated in the Request for Disability Accommodation
				Guidelines.
O.C.G.A. Secs.
				  43-1-2(j),  43-47-6.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives
			 the date on which the Rule was originally file d and its effective date, as
			 well as the date on which any amendment or repeal was filed and its effective
			 date. Principal abbreviations used in the Administrative History are as
			 follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control
			 number)
Ch. - Chapter (Abbreviated only at the beginning of the control
			 number)
ER. - Emergency Rule
Rev. - Revised
Chapters 682-1 entitled "Definition", 682-2 entitled
			 "Organization", 682-3 entitled "Licensing", 682-4 entitled "Changes", 682-5
			 entitle d "Established Place of Business", 682-6 entitled "Procedural Rules",
			 682-7 entitled "Fees", 682-8 entitled "Applicants", 682-9 entitled "Criminal
			 Convictions", have been adopted. Filed December 8, 1995; effective December 28,
			 1995.
Rules
			  682-3-.01,  .04;
			  682-6-.01;
			  682-7-.01  have been repealed. New
			 Rules, same titles, have been adopted. Filed April 18, 2001; effective May 8,
			 2001.
Rule  682-8-.06  adopted. F. Oct. 13, 2017; eff. Nov. 2,
			 2017.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-1 - DEFINITIONS › Rule 682-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in these Rules and Regulations and in the Used Motor
				Vehicle Dealers and Used Motor Vehicle Parts Dealers' Registration Act, the
				following terms shall mean the following:
(a) "Administrative Procedures Act" means
			 O.C.G.A. Chapter 50-13.
(b) "Alter
			 ego" means a person who is actually acting on behalf of and in the place of
			 another person for purposes of being licensed or seeking licensure under this
			 act, where the person on whose behalf the other person is acting is ineligible
			 for licensure under Section
			  682-8-.05  of these rules.
(c) "Building" means a permanent structure
			 affixed to real property and shall include trailers, tied down and on blocks,
			 with the wheels removed.
(d)
			 "Conspicuously displayed" means posted inside the permanent building in an area
			 which is most likely to be visited by consumers and posted in a manner which
			 allows the consumer to easily read and copy from the license.
(e) "Dealers' registration plate" means the
			 license plates issued to dealers by the State Revenue Commissioner for the
			 purpose of demonstrating or transporting dealer's vehicles, as described in
			 Georgia Code Annotated Section
			  40-2-36.
(f) "Fee schedule" means a written listing of
			 the amounts of all fees charged by the Board.
(g) "Investigate" means to conduct
			 fact-finding inquiries and activities in the public interest in order to arrive
			 at an objective conclusion on the full and complete facts regarding a
			 particular complaint, complaints, incident, or incidents. Investigations shall
			 include those investigations:
1. conducted by
			 the Division, its designee, or by investigators assigned to the Division; or
2. conducted by the Administrator
			 of the Fair Business Practices Act of 1975, or conducted by the State Revenue
			 Commissioner or by his employees, where a violation found in such
			 investigations would also be a violation of the Used Motor Vehicle Parts
			 Dealers' Registration Act.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-2 - ORGANIZATION › Rule 682-2-.01 - Organization of Division

Current through Rules and Regulations filed through June 27, 2024
(1) The Joint
			 Secretary of the State Examining Boards shall be the secretary to the
			 Division.
(2) A simple majority of
			 the division members shall constitute a quorum for duly called division
			 meetings. Official division action can be taken by a simple majority vote of
			 the members present at a duly called meeting where a quorum exists.
(3) The public may obtain information and all
			 necessary application forms from:
State Board of Registration of Used Motor Vehicle
Dealers and Used Motor Vehicle Parts Dealers
Used Motor Vehicle Parts Division
166 Pryor Street, S.W., Atlanta, Georgia
				30303.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-3 - LICENSING › Rule 682-3-.01 - Complete Application Forms Required

Current through Rules and Regulations filed through June 27, 2024
(1) No application shall be accepted for
			 review until the application is complete in every respect.
(2) A "complete application" shall include:
(a) an application form on which each and
			 every question is answered to the applicant's best knowledge and
			 abilities;
(b) a bond in the amount
			 of $10,000 as required by O.C.G.A. Section
			  43-47-8(H).
			 Following the initial licensing period, the Bond shall then run concurrently
			 with the licensing period. At no time should the licensee be without a bond
			 during any licensing period;
(c) a
			 certificate of insurance as required by O.C.G.A. Section
			  43-47-8(k), including policy number, policy limits, expiration date, name and address of
			 insured exactly as they appear on the application, and certificate holder
			 listed as "State Board of Registration of Used Motor Vehicle Dealers and Used
			 Motor Vehicle Parts Dealers, 237 Coliseum Drive, Macon GA 31217-3858", which
			 identifies the appropriate division.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-3 - LICENSING › Rule 682-3-.02 - Content of Each Application

Current through Rules and Regulations filed through June 27, 2024
Each application shall contain the following in addition to the
				application form provided:
(a) a
			 photograph of the applicant's place of business which clearly shows a sign
			 denoting the name of the business and the building in which records as required
			 by this Act are kept. If one photograph is insufficient, as many photographs as
			 is necessary to depict each of these must be submitted with each
			 application.
(b) a photograph of
			 the applicant himself, 2" x 3" full face.
O.C.G.A. Secs.
				  43-47-2,  43-47-6,  43-47-12.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-3 - LICENSING › Rule 682-3-.03 - Supplemental License

Current through Rules and Regulations filed through June 27, 2024
Except as otherwise provided in this Rule, additional locations
				shall meet the standards set forth in the Act and in these Rules. Further,
				proof shall be available, upon request by the Division, that all locations of
				the business have been certified as appropriately zoned by the municipality or
				county at such locations as are identified on the application for licensure or
				other required documents, when such zoning is required.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-3 - LICENSING › Rule 682-3-.04 - Insurance

Current through Rules and Regulations filed through June 27, 2024
Each applicant for license shall show that the licensee
				maintains public liability and property damage insurance with liability limits
				of not less than $50,000.00 per person and $100,000.00 as set forth in O.C.G.A.
				Section  43-47-8(k).
O.C.G.A. Secs.
				  43-47-6,  43-47-8(k).
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-4 - CHANGES › Rule 682-4-.01 - Change in Name of Business

Current through Rules and Regulations filed through June 27, 2024
Should a currently licensed dealer change the name of the
				dealership as licensed by the Division, he shall be required to submit a
				Request for Change of Name form within thirty (30) days of the change of
				name.
O.C.G.A. Sec.
				  43-47-6.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-4 - CHANGES › Rule 682-4-.02 - Change of Location

Current through Rules and Regulations filed through June 27, 2024
(1) In the event
			 the location of the business is changed, the dealer shall, within thirty (30)
			 days of the relocation, submit a Change of Location request form and submit
			 appropriate photographs as required by Rule
			  682-3-.02.
(2) Provided the new location meets the
			 requirements of the Act and the Rules, the Division shall approve the change of
			 location without charge.
(3) If the
			 new location fails to meet the requirements, the licensee shall be given thirty
			 (30) days to comply with the Act and these Rules. Thereafter, the licensee
			 shall cease to operate as a used parts dealer until the requirements have been
			 met.
(4) Division approval of a
			 change of location cancels the rights of the licensee to do business at the
			 previous location.
(5) If a
			 licensee's location is vacated for thirty (30) days without application for a
			 change of address a hearing for revocation of the license may be
			 called.
O.C.G.A. Secs.
				  43-47-6,  43-47-9.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-4 - CHANGES › Rule 682-4-.03 - Change in Ownership or Registered Agent

Current through Rules and Regulations filed through June 27, 2024
Within thirty (30) days of any change in ownership of the
				business, partnership, association, or corporation or the designee of
				partnership/corporation, a new application shall be submitted to the Division.
				The Division shall be provided with thirty (30) days written notice of any
				change in the registered agent of the corporation. The notice shall include the
				name, address, and telephone number of the current registered
				agent.
O.C.G.A. Secs.
				  43-47-6,  43-47-9.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-5 - ESTABLISHED PLACE OF BUSINESS › Rule 682-5-.01 - Established Place of Business

Current through Rules and Regulations filed through June 27, 2024
Each dealer licensed under this Act shall show that he
				maintains an established place of business marked by an appropriate sign and
				has made provisions for an adequate facility in which to keep and maintain the
				books, records and files necessary to conduct a business as provided and
				defined in the Act and these Rules.
O.C.G.A. Secs.
				  43-47-2(3),  43-47-6.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-6 - PROCEDURAL RULES › Rule 682-6-.01 - Procedural Rules

Current through Rules and Regulations filed through June 27, 2024
(1) The State Board
			 of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts
			 Dealers, on behalf of the Used Motor Vehicle Division, hereby adopts by
			 reference as part of its permanent Rules 295-3 through 295-13, and any future
			 amendments thereto, Rules and Regulations of the Office of the Division
			 Director, Professional Licensing Boards, relating to procedures for hearings
			 before the several Professional Licensing Boards.
O.C.G.A. Secs.
				  43-47-4,  43-47-6,  43-47-10.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-7 - FEES › Rule 682-7-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Each license
			 issued by the Division shall expire on December 31 of each odd numbered year
			 and shall become invalid on that date.
(2) Fees will be charged according to the fee
			 schedule, as determined by the Board. A copy of the current fee schedule of the
			 Board may be obtained without charge in person or by writing to:
STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE
DEALERS AND USED MOTOR VEHICLE PARTS DEALERS
Used Motor Vehicle Parts Division
237 Coliseum Drive
Macon, GA 31217-3858
A copy of the fee schedule shall be included with all copies of
				applications which the Division sends or gives to prospective
				applicants.
(3) Fees shall
			 be set by the Board. The Board shall not change the amount of any fee unless it
			 was announced at a previous Board meeting that a change in the fee schedule
			 would be considered at the next board meeting. Changes in the fee schedule
			 shall become effective immediately upon approval by the Board. Any request for
			 refund must be submitted to the Division's office, in writing. Any indebtedness
			 to the Division caused by a returned check will be dealt with in accordance
			 with Code Section
			  16-9-20 of  the Criminal Code of
			 Georgia.
(4) A penalty fee shall be
			 applicable to any applicant renewing their license after December 31, and
			 before March 1. Failure to renew a license by March 1 shall have the same
			 effect as a revocation of said license, subject to reinstatement in the
			 discretion of the Division. Any request for reinstatement after March 1, will
			 require a new application, supporting documentation, an additional penalty fee,
			 and license fee to be submitted to the Division. As a condition of
			 reinstatement, the Division may impose any disciplinary sanction provided by
			 this Act or these Rules.
(5) An
			 additional penalty fee, prescribed by the Board, may be imposed for doing
			 business as a Used Motor Vehicle Dismantler and Salvage Dealer, Rebuilder, and
			 Salvage Pool Operator, prior to the issuance of a valid license by the Division
			 (see fee schedule). This fee is in addition to any penalty or other sanction
			 that the Division might impose for violation of this Act or these
			 Rules.
(6) In cases where an
			 application is rejected by the Division, the applicant's license fee will be
			 returned with the letter of rejection setting forth the reason for the
			 rejection, and providing a time and place for a full hearing before the
			 Division.
O.C.G.A. Secs.
				  43-47-4,  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-8 - APPLICANTS › Rule 682-8-.01 - Corporations and Limited Liability Corporations: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
(1) In the event
			 that a corporation or limited liability corporation, duly licensed to do
			 business in the State of Georgia, makes application for licensure, such
			 corporation shall designate as the "applicant:"
(a) the President of the
			 corporation;
(b) the Secretary of
			 the corporation; or
(c) a
			 designated Corporate Agent who is a full-time employee of the
			 corporation.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-8 - APPLICANTS › Rule 682-8-.02 - Partnerships: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
(1) In the event that a partnership, duly
			 licensed to do business in the State of Georgia, makes application for
			 licensure, such partnership shall designate as the "applicant";
(a) one of the partners; or
(b) a designated agent of partnership who is
			 a full-time employee of the partnership.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-8 - APPLICANTS › Rule 682-8-.03 - Sole Proprietorships: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
The applicant for licensure for a sole proprietorship shall be
				the sole proprietor.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-8 - APPLICANTS › Rule 682-8-.04 - All Others: Application for Licensure

Current through Rules and Regulations filed through June 27, 2024
Should any person or entity other than a corporation, a
				partnership, or a sole proprietorship desire to make application for licensure,
				the Division will, upon receipt of notice that such person seeks Licensure,
				determine who may be the applicant for that person or entity, and under what
				conditions.
O.C.G.A. Secs.
				  43-47-6,  43-47-8.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-8 - APPLICANTS › Rule 682-8-.06 - Military Spouses and Transitioning Service Members

Current through Rules and Regulations filed through June 27, 2024
(1) As used in this rule, the following terms
			 shall mean:
a. "Board" means the State Board
			 of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts
			 Dealers, Used Motor Vehicle Parts Division.
b. "License" means any license issued by the
			 State Board of Registration of Used Motor Vehicle Dealers and Used Motor
			 Vehicle Parts Dealers, Used Motor Vehicle Parts Division.
c. "Military" means the United States armed
			 forces, including the National Guard.
d. "Military spouse" means a spouse of a
			 service member or transitioning service member.
e. "Service member" means an active or
			 reserve member of the armed forces, including the National Guard.
f. "Transitioning service member" means a
			 member of the military on active duty status or on separation leave who is
			 within 24 months of retirement or 12 months of separation.
Compilation of Rules and Regulations of the State of Georgia › Department 682 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE PARTS DIVISION › Chapter 682-9 - CRIMINAL CONVICTIONS › Rule 682-9-.01 - Applicants Indicating Criminal Convictions

Current through Rules and Regulations filed through June 27, 2024
Upon receipt of an application for licensure as a Used Motor
				Vehicle Dealer, and whereupon the applicant has indicated a prior criminal
				conviction, the Division may approve the application, provided that the
				applicant lists on said application or on an attachment thereto, ALL criminal
				convictions. The application and attachments must be accompanied by a signed
				affidavit, along with a certified copy of the disposition(s) from the
				appropriate court for each conviction. Failure to report any conviction shall
				be cause for revocation of a license by the Division or the
				Board.
O.C.G.A. Secs.
				  43-47-6,  43-47-8,  43-47-10(J):