reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.17 - Requirement for Attendant to Release Towed Vehicles

Current through Rules and Regulations filed through June 27, 2024
(1) Towing and storage
				firms providing nonconsensual towing services shall have an attendant on site
				or otherwise available at the location of towed vehicles during normal business
				hours five days of every week and for at least four hours one additional day of
				every week. Such attendant shall, during such times, be able to provide
				reasonable access to and release any vehicle towed in accordance with this
				Subchapter upon the owner meeting the requirements for release described in
				these Rules.
(2) Towing and storage
				firms providing nonconsensual towing services shall have an attendant available
				by phone 24 hours per day, seven days per week. The attendant shall have the
				authority and ability to report to the location of towed vehicles in a timely
				manner and release any vehicle towed in accordance with this Subchapter upon
				the owner meeting the requirements for release described in these
				Rules.
(3) A receipt listing the
				specific charges for towing and storage of the vehicle shall be issued to the
				owner or agent claiming the vehicle and the attendant shall retain a copy of
				the receipt. The receipt must be signed by the owner or agent claiming the
				vehicle and by the attendant. Such receipt shall identify the vehicle and shall
				become part of the towing and storage firm's record.
O.C.G.A.
				 §§
											40-1-54,  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.18 - Release of Towed Vehicle; Payment

Current through Rules and Regulations filed through June 27, 2024
(1) Any person seeking the release of a
				vehicle towed or stored by a towing and storage firm performing nonconsensual
				towing services shall:
(a) Produce a valid
				driver's license;
(b) Produce an
				ignition key which operates the towed vehicle or otherwise demonstrate the
				ability to properly start and operate the vehicle;
(c) Produce evidence of such person's
				ownership or right of possession of the towed or stored vehicle, such as a
				certificate of title, a valid and current registration card, bill of sale, or a
				lease or rental contract; and
(d)
				Pay all towing charges and storage fees that are in accordance with these Rules
				and have accrued with respect to the vehicle.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.19 - Receipt Requirement

Current through Rules and Regulations filed through June 27, 2024
(1) A towing and recovery service accepting
				payment for non-consensual towing services shall issue a receipt to the person
				making payment that reflects all fees paid in connection with the
				non-consensual towing services relevant to the vehicle for which payment is
				being made and for redemption of the vehicle. The towing and recovery services
				shall obtain the signature of the person making payment on said
				receipt.
(2) Receipts issued in
				accordance with this Rule shall contain the date and time of the release of the
				vehicle, total amount charged and a description of the specific charges for
				towing and storage of the vehicle, the location of the private property from
				which the vehicle was towed, and the name, address, and telephone number of the
				towing and storage firm issuing the receipt.
(3) The towing and recovery service shall
				keep an office copy of the receipt described by this Rule, which shall become a
				part of the towing and storage firm's record.
O.C.G.A.
				 §§
											40-1-54,  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.20 - Records and Reports

Current through Rules and Regulations filed through June 27, 2024
(1) Upon towing and/or storage of any vehicle
				in accordance with this Subchapter, the towing and storage firm shall maintain
				records, which shall include the following information:
(a) Date and time of initial
				towing;
(b) Place of initial
				towing;
(c) Date and time of
				arrival at the impound/storage lot;
(d) Date and time of release to the
				owner;
(e) Name of the towing and
				storage firm driver and any other personnel assisting;
(f) Cost for towing of the vehicle;
(g) Cost of storage of the vehicle;
				and
(h) Any other authorized
				applicable charges with reference to Department's Nonconsensual Towing Maximum
				Rate Tariff provisions authorizing such fees or charges.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.21 - Secure Impoundment Facility

Current through Rules and Regulations filed through June 27, 2024
(1) A towing and storage firm authorized to
				conduct nonconsensual towing by the Department must maintain a secure storage
				area for towed vehicles in the county where the tow operator's office (as
				listed with the Department) is located, unless otherwise authorized by the
				Department.
(2) The towing and
				storage firm must provide for effective and efficient security for the lot at
				all times. The storage lot must be fenced with a minimum of six feet of
				fencing, lighted, and equipped with a lock or enclosed building.
(3) Vehicles towed and stored in accordance
				with this Subchapter shall be delivered to the towing and storage firm's secure
				impoundment facility in a timely manner. No towing and storage firm shall
				utilize "drop zones" or leave impounded vehicles at any impound lot or other
				location that has not been approved by the Department for use by the towing and
				storage firm making such tow or removal.
O.C.G.A.
				 §§
											40-1-54;
				  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.22 - Additional Requirements for NCT Permit Holders

Current through Rules and Regulations filed through June 27, 2024
(1) A towing and storage firm must maintain
				normal business hours and a listed public business telephone number. A towing
				and storage firm may maintain a maximum of two telephone numbers to be called
				for dispatching calls.
(2) All
				towing and storage firms will provide reasonable access to any towed vehicle as
				described in these Rules.
(3) A
				towing and storage firm must maintain proof of registration for each vehicle
				with the Department and comply with the Department's safety rules and
				regulations as provided in these Rules and Chapter 1 of title 40 of the
				Official Code of Georgia.
(4) A
				towing and storage firm must maintain and provide to the Department upon
				request a list of all personnel operating wrecker equipment, as well as a
				current Motor Vehicle Report on each driver.
(5) Drivers must maintain a valid driver's
				license of the appropriate class and with the appropriate endorsements required
				to operate the towing and storage firm's vehicles under Georgia law.
O.C.G.A.
				 §§
											40-1-54;
				  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.23 - NCT Permit Holders to Utilize only Authorized Vehicles in Performance of Nonconsensual Towing

Current through Rules and Regulations filed through June 27, 2024
(1) For the purposes of this Rule, the term
				"leased" shall mean conveyed to a party subject to a written and executed
				agreement for the party's exclusive use for a period of at least two
				years.
(2) Except to the extent
				otherwise authorized by law or this Chapter, a towing and storage firm
				performing any nonconsensual towing activities shall only be authorized to
				utilize vehicles that are owned or leased by the firm itself or a person or
				entity with ownership interest in the firm. Such vehicles shall not be operated
				by any person other than an owner or employee of the firm.
(3) A towing and storage firm shall not be
				entitled to utilize any vehicle in the performance of nonconsensual towing
				activities unless the carrier has fulfilled all other requirements and
				conformed to all other limitations contained within this Subchapter relating to
				such vehicle.
O.C.G.A.
				 §§
											40-1-54;
				  44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 580 - GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS › 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 filed and its effective date, as well
			 as the date on which any amendment or repeal was filed and its effective
			 date.
Chapter 580-1, entitled "Organization," containing Rule
			  580-1-.01, was filed on December 22,
			 1978; effective January 11, 1979.
Chapter 580-2, entitled "Fees," containing Rule
			  580-2-.01, was filed on December 22, 1978; effective January 11, 1979.
Chapter 580-3, entitled "Procedural Rules," containing Rule
			  580-3-.01, was filed on December 22,
			 1978; effective January 11, 1979.
Rule
			  580-2-.01  has been repealed and a new Rule
			  580-2-.01  adopted. Filed April 21, 1980; effective May 11, 1980.
Rule
			  580-1-.01  has been amended by changing
			 the authority for said Rule. Filed May 21, 1981; effective June 10,
			 1981.
Rule
			  580-3-.01  has been amended by changing
			 the authority for said Rule. Filed May 21, 1981; effective June 10,
			 1981.
Chapter 580-4, entitled "Standards of Procedure," containing
			 Rules
			  580-4-.01  through
			  580-4-.04, was filed on May 21, 1981;
			 effective June 10, 1981.
Rule
			  580-4-.01  has been amended by the
			 repeal of paragraph (3) and by the adoption of a new paragraph (3). Filed
			 October 13, 1981; effective November 2, 1981.
Rule
			  580-4-.03  has been amended by the
			 repeal of subparagraph (4)(b) and by the adoption of a new subparagraph (4)(b).
			 Filed October 13, 1981; effective November 2, 1981.
Rule
			  580-2-.01  has been amended. Filed March 25, 1982; effective April 14, 1982.
Rule
			  580-4-.02  has been amended by the
			 repeal of paragraph (4) and by the adoption of a new paragraph (4). Filed March
			 25, 1982; effective April 14, 1982.
Rule
			  580-1-.01  has been repealed and a new
			 Rule
			  580-1-.01  adopted. Filed November 15,
			 1983; effective December 5, 1983.
Rule
			  580-2-.01  has been repealed and a new Rule
			  580-2-.01  adopted. Filed November 15, 1983; effective December 5, 1983.
Rule
			  580-4-.01  has been repealed and a new
			 Rule
			  580-4-.01  adopted. Filed November 15,
			 1983; effective December 5, 1983.
Rule
			  580-4-.02  has been repealed. Filed
			 November 15, 1983; effective December 5, 1983.
Rule
			  580-4-.03  has been amended by the
			 repeal of subparagraphs (4)(d) and (4)(e) and by the adoption of new
			 subparagraphs (4)(d) and (4)(e). Filed November 15, 1983; effective December 5,
			 1983.
Rule
			  580-1-.01  has been amended. Filed
			 October 28, 1985; effective November 17, 1985.
Rule
			  580-4-.02  has been adopted. Filed
			 October 28, 1985; effective November 17, 1985.
Rule
			  580-2-.01  has been repealed and a new Rule
			  580-2-.01  adopted. Filed January 29, 1986; effective February 18,
			 1986.
Compilation of Rules and Regulations of the State of Georgia › Department 580 - GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS › Chapter 580-1 - ORGANIZATION › Rule 580-1-.01 - Organization of Board

Current through Rules and Regulations filed through June 27, 2024
The Georgia Board of Registered Professional Sanitarians
				consists of seven members appointed by the Governor for a term of three years.
				The Board elects its own president and vice-president; and, its secretary shall
				be the Joint Secretary of the Examining Boards Division of the Office of
				Secretary of State. Any member of the public desiring information regarding the
				Board or its activities should contact the Joint Secretary at 166 Pryor Street,
				S.W., Atlanta, Georgia 30303.
O.C.G.A. Sec.
				 43-42-2.
Compilation of Rules and Regulations of the State of Georgia › Department 580 - GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS › Chapter 580-2 - FEES › Rule 580-2-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
Fees shall be as follows:
Application for Examination
$20.00
Examination Fee
$40.00
Reexamination Fee
$10.00 per part (not to exceed $40.00)
Application for Reciprocity
$20.00
Reciprocal License
$50.00
Biennial Renewal
$70.00
Late Renewal
$80.00
Reinstatement
$140.00
Duplicate License
$10.00
O.C.G.A. Sec.
				  43-1-7.
Compilation of Rules and Regulations of the State of Georgia › Department 580 - GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS › Chapter 580-3 - PROCEDURAL RULES › Rule 580-3-.01 - Procedural Rules

Current through Rules and Regulations filed through June 27, 2024
The Georgia Board of Registered Professional Sanitarians hereby
				adopts by reference as its permanent rules Chapters 295-3 through 295-13, and
				any future amendments thereto, Rules and Regulations of the Office of the Joint
				Secretary, State Examining Boards, relating to procedure for hearings before
				the several State Examining Boards.
Ga. L. 1977, pp.
				1108-1122.
Compilation of Rules and Regulations of the State of Georgia › Department 580 - GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS › Chapter 580-4 - STANDARDS OF PROCEDURE › Rule 580-4-.01 - License Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) All registrations shall expire on the
			 30th of June each odd numbered year.
(2) Renewal Notice--At least sixty (60)
			 calendar days prior to the expiration of the registration, the Office of the
			 Joint Secretary shall send a notice to those currently registered; such notice
			 to contain a statement concerning the impending expiration and requesting the
			 submission of a renewal fee set by the Board. The notice shall also contain a
			 statement concerning the consequences of failure to renew.
(3) Late Renewals--Late renewal applications
			 submitted during the three (3) month period following expiration must be
			 accompanied by a fee equal to the biennial renewal fee plus a $10.00 penalty
			 fee.
(4)
			 Reinstatement--Registrations not renewed prior to the end of the three (3)
			 month period following the expiration date shall not be subject to renewal. Any
			 consideration for registration reinstatement after this three (3) month period
			 will be at the discretion of the Board and requires submission of a
			 reinstatement application with the required reinstatement fee of twice the
			 current biennial renewal fee.
O.C.G.A. Sec.
				 43-42-7.
Compilation of Rules and Regulations of the State of Georgia › Department 580 - GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS › Chapter 580-4 - STANDARDS OF PROCEDURE › Rule 580-4-.04 - Reciprocity

Current through Rules and Regulations filed through June 27, 2024
A person licensed or registered as a sanitarian in another
				state or country may apply for licensure in Georgia under reciprocity.
(a) Application--Application shall be made on
			 the form supplied by the Board. Favorable consideration will be granted only
			 where, in the opinion of the Board, the applicant meets the minimum education
			 and experience requirement of Georgia Law. Said application must be accompanied
			 by the following:
1. certification by the
			 licensing or registration authority attesting that the applicant holds a
			 currently valid license or registration; and
2. a certified copy of the state's or
			 country's requirements for registration or licensure; and
3. application fee set by the
			 Board.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-1 - ORGANIZATION › Subject 590-1-1 - ORGANIZATION › Rule 590-1-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary
				of State of the State of Georgia is a Constitutional Officer in State
				Government, under the Constitution of Georgia, and is elected for a four year
				term. The Office of Secretary of State is primarily an office of record and is
				divided into a number of divisions and subdivisions, as follows:
(a) Administration Division;
(b) Administrative Procedure
				Division;
(c) Corporations
				Division, including Special Services, Banking, Insurance and Railroad Charters,
				Trademarks, and Service of Process;
(d) Elections Division, including Commissions
				and Registration;
(e) Professional
				Licensing Boards Division; and
(f)
				Securities and Charities Division.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-1 - ORGANIZATION › Subject 590-1-1 - ORGANIZATION › Rule 590-1-1-.02 - Description of Departments

Current through Rules and Regulations filed through June 27, 2024
The Divisions listed in Rule
				  590-1-1-.01  have varied duties, some
				 of which may not be directly reflected by the division titles, but which are
				 otherwise within the authority of the Office of Secretary of State.
(a)
Administration Division
.
				Under the management of the Director of Administration, this Division provides
				staff support to the entire Office of Secretary of State, as follows:
1. Budget:
(i) prepares and submits the annual budget
				for the Office of Secretary of State, and monitors expenditures against
				it;
(ii) secures approval for
				budget amendments, as necessary;
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-1 - ORGANIZATION › Subject 590-1-1 - ORGANIZATION › Rule 590-1-1-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										45-13-1 et
				 seq.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-1 - ORGANIZATION › Subject 590-1-1 - ORGANIZATION › Rule 590-1-1-.04 - Ex Officio Membership of the Secretary of State

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State serves as Ex Officio member of the
				 following:
(a) Claims Advisory Board
				(Chairman);
(b) State Election
				Board (Chairman);
(c) Governor's
				Committee on Interstate Cooperation;
(d) State Properties Commission
				(Secretary);
(e) State Records
				Committee;
(f) Commission on the
				Preservation of the State Capitol;
(g) State Commission on the Condemnation of
				Public Property;
(h) Constitutional
				Amendment Committee; and
(i)
				Capitol Art Standards Commission.
O.C.G.A. §§
										21-2-30;
				  28-6-1;
				  28-5-60;
				  45-13-70;
				  50-16-5.1;
				  50-16-32;
				  50-16-181;
				  50-18-92.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-2 - ADMINISTRATIVE PROCEDURE DIVISION › Subject 590-2-1 - RULES OF GENERAL APPLICABILITY › Rule 590-2-1-.01 - Control Numbers; Department Numbers

Current through Rules and Regulations filed through June 27, 2024
(1) Upon request, each State agency, board,
				bureau, commission, department, activity, or officer authorized by law
				expressly to make rules and regulations or to determine contested cases shall
				be assigned a control number, in numerical order when possible, such as: 590
				Secretary of State.
(2) For
				rule-making purposes, the agency title is eliminated from the control number,
				and the control number is followed by a dash (-), as follows: 590-. Should a
				rule-making agency have in its organization one or more departments, divisions,
				or primary subject matters, such departments, divisions, or primary subject
				matters shall be designated by a number following the control, and this number
				shall be followed by a dash (-), such as: 590-2- (Office of Secretary of State,
				Administrative Procedure Division).
(a)
				Subject matter under departments, divisions, or primary subject shall have a
				subsequent number followed by a dash (-), such as: 590-2-1- ("590 is the
				control number,"2" indicates the second division of the agency; "1" indicates
				the first chapter in Division 2).
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-2 - ADMINISTRATIVE PROCEDURE DIVISION › Subject 590-2-1 - RULES OF GENERAL APPLICABILITY › Rule 590-2-1-.02 - Numbering System

Current through Rules and Regulations filed through June 27, 2024
(1) Each rule shall be given a number
				preceded by a decimal (.) which shall follow the chapter number, such as:
				 590-2-1-.01, 590-1-2-.02, etc.
(a) All rules shall be numbered
				consecutively.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-2 - ADMINISTRATIVE PROCEDURE DIVISION › Subject 590-2-1 - RULES OF GENERAL APPLICABILITY › Rule 590-2-1-.03 - Rules Filed On or Before July 21, 1965

Current through Rules and Regulations filed through June 27, 2024
Within twenty (20) days after July 21, 1965, each Agency
				 shall file in the Office of Secretary of State an original and two (2) copies
				 of all rules in effect prior to the effective date of the Georgia
				 Administrative Procedure Act (July 1, 1965).
Ga. L. 1964, p. 338,
				 344; Ga. L. 1965, pp. 283, 287 (Ga. Code Ann., Ch.
				 3A-1).
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-2 - ADMINISTRATIVE PROCEDURE DIVISION › Subject 590-2-1 - RULES OF GENERAL APPLICABILITY › Rule 590-2-1-.04 - Rules Filed After March 20, 2003

Current through Rules and Regulations filed through June 27, 2024
(1) Number of Filings. After March 20, 2003,
				an agency shall electronically file one original of all new rules and
				amendments to rules. Such rules and/or amendments shall be certified by the
				authority authorized to certify same on a separate page, termed "Certification
				Page," in accordance with subparagraph (b) of this paragraph (1), and in
				accordance with subparagraph (8)(a) of this Rule.
(a) Authority Signature. The authority
				signature shall be notarized and the notary seal shall appear.
(b) Original Copy. The agency shall transmit
				such filing by electronic mail. Electronic mail filings must be submitted from
				an agency's electronic mail communications system. Filings submitted by
				electronic mail shall be in the word processing format of Microsoft Word and
				presented in the format and style in accordance with subparagraph (b) of this
				paragraph (1), and in accordance with subparagraph (8)(a) of this Rule. In such
				case, the electronic mail filings shall be accompanied by a faxed or scanned
				copy of one original Certification Page per chapter with appropriate signatures
				and one letter of transmittal.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-2 - ADMINISTRATIVE PROCEDURE DIVISION › Subject 590-2-1 - RULES OF GENERAL APPLICABILITY › Rule 590-2-1-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1964, p.338,
et seq.
, as amended; Ga. L. 1965, p. 283,
et
				 seq.
, (Ga. Code Ann., Ch. 3A-1).
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-2 - ADMINISTRATIVE PROCEDURE DIVISION › Subject 590-2-2 - EMERGENCY RULES › Rule 590-2-2-.01 - Emergency Rules

Current through Rules and Regulations filed through June 27, 2024
(1) All emergency rules shall be filed in
				accordance with the general requirements of Rule
				 590-2-1-.04.
(2) In accordance with subsection (b) of
				Section 4 of the Georgia Administrative Procedure Act, the nature of the
				emergency shall be included in the statement of the reasons for adoption of the
				emergency rule/s, and shall appear on either the Certification page or the
				Table of Contents page. (When necessary, a second, or following, page may be
				added to the Certification page.)
(3) Emergency rules shall be numbered as
				follows:
(a) The control number shall be
				followed by the division (if applicable) and chapter numbers; the last number
				shall be followed by a dash (-) and the dash shall be followed by a zero (0),
				which shall be followed by a decimal (.). (Example: 590-2-1-0.).
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.02 - Delegation

Current through Rules and Regulations filed through June 27, 2024
The Director is empowered to sign all documents, make all
				 decisions, and perform all acts under the Georgia Cemetery and Funeral Services
				 Act of 2000, in the same manner and with the same authority as is the Secretary
				 of State. All acts of the Director are of the same force and effect as such
				 acts would be if performed by the Secretary of State.
O.C.G.A. Secs.
				  10-14-14,  44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.03 - Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations

Current through Rules and Regulations filed through June 27, 2024
(1) Declaratory Rulings.
(a) Availability. Any person whose legal
				rights will be adversely impacted with or impaired by the application of any
				statutory provision or any rule or order of the Secretary of State may petition
				the Secretary of State and request a declaratory ruling thereon. The Secretary
				of State will not render advisory opinions, resolve questions which have become
				moot or are abstract or hypothetical or otherwise act hereunder except with
				respect to such actual controversies or other cases upon which a superior court
				would be required to act under Chapter 4 of Title 9 of the Official Code of
				Georgia, relating to declaratory judgments.
(b) Form of Petition. Each such petition
				shall be filed with the Secretary of State in writing and shall state:
1. the name and mailing address of the
				petitioner;
2. the full text of the
				statute, rule, or order upon which a ruling is requested;
3. a statement of all pertinent and existing
				facts necessary to a determination of the applicability of the quoted statute
				or rule;
4. the petitioner's
				contention, if any, as to the aforesaid applicability with citation of legal
				authorities, if any, which authorizes, supports or requires a decision in
				accordance therewith; and
5. a
				statement setting forth in detail the petitioner's interest in the matter and
				why and how the petitioner is uncertain or insecure with respect to his, her or
				its rights. The petition shall be verified under oath by the petitioner, or on
				behalf of the petitioner by a person legally authorized to represent the
				petitioner.
(c)
				Proceedings on petition. If the Secretary of State determines that a decision
				can be rendered on the face of the petition without further proceedings, he or
				she shall render a summary decision thereon. Otherwise, all parties known by
				the Secretary of State to have a legal interest in the matter shall be notified
				and given an opportunity to be heard in a manner determined by the Secretary of
				State.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.04 - Petition for Adoption of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Form of Petition. Each petition for
				adoption of rules made pursuant to the Georgia Administrative Procedure Act
				shall be filed in writing with the Securities and Business Regulation Division
				of the Secretary of State's office and shall state:
(a) The name and post office address of the
				petitioner;
(b) The full text of
				the rule requested to be amended or repealed, or the full text of the rule
				desired to be promulgated;
(c) A
				paragraphed statement of the reason such rule should be amended, repealed, or
				promulgated, including a statement of all pertinent existing facts as to
				petitioner's interest in the matter; and
(d) Citations of legal authorities, if any,
				which authorize, support, or require the action requested by petitioner. The
				petition should be verified under oath by, or on behalf of the petitioner by a
				person legally authorized to represent the petitioner.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.05 - Contested Cases

Current through Rules and Regulations filed through June 27, 2024
(1) Contested Cases. Contested cases shall be
				heard by the Secretary of State, the Division Director or his or her designated
				representative pursuant to the Georgia Administrative Procedure Act and shall
				be conducted in accordance with the procedures provided therein, the procedures
				set forth in section
				 10-14-23 of  the Act, and the following procedures:
(a)
				Any person who is legally entitled to contest a ruling or order of the
				Secretary of State may do so by filing with the Secretary of State a request
				for hearing which shall contain the following:
1. a title which indicates the nature of the
				proceedings;
2. the complete
				name(s) and address(es) of the person(s) on whose behalf the request is
				filed;
3. the name(s) and
				address(es) of all other persons known to have a legal interest in the
				proceedings;
4. if the person(s) on
				whose behalf the request is filed are represented by counsel, the name and
				address of counsel;
5. a clear and
				concise statement of the facts upon which the contested case arises;
6. a prayer setting forth the relief sought;
				and
7. a statement of the grounds
				upon which the person(s) contend(s) he, she, it or they is (are) entitled to
				the relief sought.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.06 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) All
				applications, records, correspondence, reports and other documents filed with
				or maintained by the Secretary of State pursuant to the various provisions of
				the Act or these Rules may be retained in original form or by means of
				microfilm, microfiche, microphotographic reproduction, photographic
				reproduction, word processing, computerization, data storage or other
				acceptable reproductive methods.
(2) All persons registered or required to be
				registered with the Secretary of State which must maintain correspondence,
				records, reports and other documents pursuant to various provisions of the Act
				or these Rules may retain such information in original form or by means of
				microfilm, microfiche, microphotographic reproduction, photographic
				reproduction, word processing, computerization, data storage or other
				acceptable reproductive methods.
(3) All books, records, correspondence,
				reports, or other documents produced pursuant to a subpoena or an order to
				produce issued by the Secretary of State may be destroyed by order of the
				Secretary of State if a demand, once the investigative file is closed, is not
				made by the person producing such records at the time he, she, or it produces
				the records.
(4) Any photographic,
				microphotographic, or computer reproduction of any original writing or record
				filed with or maintained by the Secretary of State shall be deemed to have been
				made in the regular course of business. Such reproduction shall be subject to
				certification pursuant to Code Section
				 10-14-27 of  the Act.
(5) Electronic
				Signatures.
(a) The Secretary of State may
				direct his or her staff to affix his or her electronic signature to any
				document to which the Secretary of State has the authority to affix his or her
				manual signature. Such electronic signature shall be of the same force and
				effect as the Secretary of State's manual signature.
(b) The Division Director may direct the
				Secretary of State's staff to affix his or her electronic signature to any
				document to which the Division Director has the authority to affix his or her
				manual signature. Such electronic signature shall be of the same force and
				effect as the Division Director's manual signature.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.07 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
(1) Except as
				provided in the Act and these Rules and Regulations, all information and
				documents filed with, or obtained by, the Secretary of State are public
				information and are available for public examination.
(2) The following information and documents
				do not constitute public information under the Act and these Rules and
				Regulations and shall be confidential:
(a)
				Information or documents obtained in connection with an investigation under
				Code Section
				 10-14-15;
(b) Documents prepared by the Secretary of
				State's staff in connection with an investigation under Code Section
				 10-14-15 including subpoenas, orders to produce records, staff reports, and reports and
				summaries of investigations;
(c)
				Information or documents filed with the Secretary of State in connection with a
				registration statement or exemption filing under the Act, which constitute or
				contain trade secrets or constitute or contain commercial or financial
				information, which the person is entitled to assert, and has asserted, a claim
				of confidentiality or privilege as authorized by law; and
(d) Any document or record specifically
				designated as confidential in accordance with the Act or the Rules and
				Regulations promulgated thereunder.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.08 - Confidentiality of Audits

Current through Rules and Regulations filed through June 27, 2024
All examinations and audits of the financial records of a
				 cemetery or preneed dealer conducted by the Secretary of State shall be
				 confidential and shall not be subject to public inspection, unless the
				 Secretary of State determines it to be in the public interest to release
				 examinations and audits, or unless otherwise required by law.
O.C.G.A. Secs.
				  10-14-14,  44-3-139, 44-3-140.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.09 - Change of Ownership

Current through Rules and Regulations filed through June 27, 2024
(1) Pursuant to §
									10-14-9(c)(1) 
				 of  the Act, the Secretary of State must be notified when any cemetery or
				preneed dealer is sold or the ownership is otherwise transferred, or a
				controlling interest is sold or transferred.
(2) The following documents must be filed as
				an application for registration by the new owner with the Secretary of State
				prior to the new owner operating said cemetery or preneed dealer:
(a) An original application for registration
				executed by the prospective buyer, with all fees required by law, on a form
				prescribed by the Secretary of State;
(b) If necessary, a written request for a
				change of trustee, escrow agent, or account depository, in accordance with any
				controlling provision of a trust agreement or an escrow agreement;
				and
(c) Information sufficient to
				demonstrate that the prospective seller is not indebted to the preneed escrow
				account or to the perpetual care trust account. Such information may include
				but is not limited to:
1. A current financial
				report for the perpetual care trust fund and for the preneed escrow account
				prepared by a certified public accountant or a public accountant, reflecting
				the cemetery's liability to each account and the current balances of each
				account; or a joint financial report for the perpetual care trust fund and the
				preneed escrow account, the accuracy of which is represented by both the
				previous cemetery owner and the new cemetery owner reflecting the total
				liability to each account and the current balance of each account;
2. Verifications from the depositories
				showing the actual account balances for the perpetual care trust fund and the
				preneed escrow account as of the date of closing;
3. A statement from the trustee of the
				perpetual care trust fund stating that the perpetual care trust account is not
				encumbered;
4. A statement from the
				escrow agent of the preneed escrow account stating that the preneed escrow
				account is not encumbered; and
5. A
				copy of the proposed contract for sale of the cemetery between the prospective
				seller and the prospective buyer which may have the sales price
				deleted.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.10 - Determination of Filing Dates; Deficient Registrations; Abandonment of Registration Applications; Additional Information

Current through Rules and Regulations filed through June 27, 2024
(1) Any application for registration,
				application for approval, report, or document required by the Act to be filed
				with the Secretary of State is considered filed when the completed application
				forms and required filing fees, and all other documents required by these Rules
				and the Act are received by the Secretary of State.
(2) Any registration application filed
				pursuant to section
				 10-14-4 or 
				 10-14-5 of  the Act may be deemed deficient if any of the following conditions exist:
(a) the application is not in the proper
				form; or
(b) the application is not
				in compliance with section
				 10-14-4 or 
				 10-14-5, or any other provision of the Act or rules promulgated thereunder.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.11 - 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 Cemeterians.
b. "License" means any license issued by the
				State Board of Cemeterians.
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 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.12 - Internal Rules and Regulations of Cemeteries; Schedule of Charges

Current through Rules and Regulations filed through June 27, 2024
(1) No internal
				rule or regulation or schedule of charges of a cemetery shall be effective
				until filed with the State Board of Cemeterians and posted as required by Sec.
				 10-14-16(a) of  the Act.
(2) As an amendment to its registration
				application, every cemetery owner shall immediately notify the State Board of
				Cemeterians of any modification or amendment of its rules and regulations or
				any schedule of charges required to be filed by Rule
				 590-3-3-.01  and shall immediately
				submit two revised copies of the rules and regulations or schedule of charges
				as so modified to the State Board of Cemeterians along with a self-addressed
				stamped envelope. No modification or amendment shall be effective until such
				notice is received by the State Board of Cemeterians and posted as required by
				Sec.
				 10-14-16 of  the Act. Any failure of the State Board of Cemeterians to comment on any
				rules and regulations or schedule of charges filed with them shall not be
				deemed to be ratification or acceptance of the form or substance of said rules
				and regulations or schedule of charges.
(3) Pursuant to Section
				 10-14-17(j) of  the Act, beginning October 1, 2008, and
				July 1 every year thereafter, the State Board of Cemeterians shall adjust the
				maximum amount which may be charged as a reimbursement fee for the supervision
				and inspection of the installation of a monument purchased or obtained from and
				to be installed by a person or firm other than the cemetery company or its
				agents. By applying a multiplier based on the Consumer Price Index, All Urban
				Customers, U.S. City Average, All Items, released in May of the year in which
				the adjustment is made, the State Board of Cemeterians shall calculate the
				maximum adjusted reimbursement fee.
(4) Pursuant to Section
				 10-14-17(j) of  the Act, beginning October 1, 2008, and
				July 1 every year thereafter, the State Board of Cemeterians shall adjust the
				maximum amount which may be charged as a fee by cemeteries for transferring
				burial rights from one purchaser to another. By applying a multiplier based on
				the Consumer Price Index, All Urban Customers, U.S. City Average, All Items,
				released in May of the year in which the adjustment is made, the State Board of
				Cemeterians shall calculate the maximum adjusted reimbursement fee.
Authority O.C.G.A.
				 Secs.
				  10-14-3.1,   10-14-4,   10-14-14,   10-14-16,   10-14-17,   43-8B-7,  44-3-134, 44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.13 - Sales Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) Each contract for sale of burial rights,
				burial or funeral merchandise, or burial or funeral services shall contain
				details and information prescribed in O.C.G.A. §
									10-14-18.
				The signature page of the contract shall include:
(a) a statement in bold-face type of not less
				than ten point type, and in no event less than four points larger than the
				smallest type size used in the body of the contract, of the items stated in
				O.C.G.A. §
										10-14-18(b);
(b) a column or series of columns with a
				description of all items sold or for which fees are charged, with a
				corresponding price appearing to the right of each item. The total purchase
				price shall appear immediately below the descriptions of items and
				prices;
(c) a statement or line
				item showing the amounts to be deposited in any trust or escrow account
				expressed as either a dollar amount or the percentage of the sales price as
				required by the Act;
(d) the
				signatures of the purchaser and the signature and printed name of the
				authorized representative of the registrant; and
(e) the following in bold face type of not
				less than the greater of ten points or four (4) points larger than the smallest
				type face appearing elsewhere in the contract:
IF YOU HAVE ANY COMPLAINTS ABOUT THIS CONTRACT OR THIS
				 TRANSACTION OR HAVE QUESTIONS ABOUT THE LAW GOVERNING THIS TRANSACTION, YOU MAY
				 CONTACT THE OFFICE OF THE GEORGIA SECRETARY OF STATE AT (404) 656-3920.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.14 - Advertising and Solicitation

Current through Rules and Regulations filed through June 27, 2024
(1) Advertising. Each person required to be
				registered under the Act will maintain for a period of three (3) years a file
				of all brochures and copies of all advertising containing price information or
				offers of free or discounted goods or services, if such advertising was
				actually printed, published, broadcast or placed on any printed or electronic
				media. Said file shall also contain the time period during which the materials
				were used.
(2) Residential
				Solicitations.
(a) For purposes of this rule,
				residential solicitation shall mean: "a telephone call to, or an in-person
				visit at, any place a person defines as his or her home."
(b) No officer, director, employee, or agent
				of any entity required to be registered under the Act shall initiate, conduct,
				or attempt to conduct a residential solicitation, for the purpose of selling or
				other transfer of burial rights, burial or funeral merchandise or burial or
				funeral services, before the hour of 9:00 a.m. or after the hour of 9:00 p.m.
				except upon the prior express request of the person solicited.
(c) No officer, director, employee or agent
				of any entity required to be registered under the Act shall make any
				residential solicitation in which the person solicited is asked to visit the
				office of the cemetery, funeral home or other establishment for the purpose of
				updating records, confirming records, or similar purposes, if it is intended at
				the time of such visit to seek to sell or offer to sell such person burial
				rights, burial or funeral merchandise or burial or funeral services.