reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-3 - LICENSURE BY EXAMINATION › Rule 53-3-.05 - Licensure for Military Spouses and Spouses of Transitioning Service Members

Current through Rules and Regulations filed through June 27, 2024
(1) A military
			 spouse or spouse of a transitioning service member, as defined in O.C.G.A.
			 §
								43-1-34, is deemed eligible to
			 apply for an expedited licensure process by endorsement if the applicant:
(a) Has submitted a complete application
			 along with a fee in the amount established by the Board;
(b) Is a spouse of a service member or
			 transitioning service member stationed within this state;
(c) Holds a current license to practice as an
			 athletic trainer in another state for which the training, experience, and
			 testing are substantially similar in qualifications and scope to the
			 requirements under this state; and
(d) Is in good standing in such other
			 state.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-3 - LICENSURE BY EXAMINATION › Rule 53-3-.06 - Licensure for Active-Duty Military and Transitioning Service Members

Current through Rules and Regulations filed through June 27, 2024
(1) An active duty military or transitioning
			 service member, as defined in O.C.G.A. §
								43-1-34, is deemed eligible to
			 apply for an expedited licensure process if the applicant:
(a) Has submitted a complete application
			 along with a fee in the amount established by the Board; and
(b) Holds a license from another state for
			 which the training, experience, and testing substantially meet or exceed the
			 requirements to obtain licensure in this state, or has obtained a specialty,
			 certification, training, or experience in the military while a service member
			 which substantially meets or exceeds the requirements to obtain a license in
			 this state.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-4 - LICENSURE BY RECIPROCITY › Rule 53-4-.01 - Non-resident Licensed in Another State

Current through Rules and Regulations filed through June 27, 2024
An out-of-state applicant who is licensed in another state and who satisfies the requirements set out in Rule  53-3-.02(1),(2) or (3)  may be licensed in Georgia without examination upon submission of the appropriate forms, fee and a copy of the state's law and rules. In order for Georgia to issue such a license, the other state must license candidates from Georgia in the same manner.
Ga. L. 1977, pp. 1123, 1125 (Ga. Code Ann. Sec. 84-7405); O.C.G.A. 43-5-6, 43-1-25, 43-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-4 - LICENSURE BY RECIPROCITY › Rule 53-4-.02 - Board of Certification (BOC)

Current through Rules and Regulations filed through June 27, 2024
An applicant who holds current Board of Certification (BOC) may be licensed without examination upon submission of the appropriate forms and fee.
O.C.G.A. 43-1-25, 43-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-4 - LICENSURE BY RECIPROCITY › Rule 53-4-.03 - Application

Current through Rules and Regulations filed through June 27, 2024
(1) Each candidate for licensure by
			 reciprocity must file a written application on a form which will be furnished
			 by the Board upon request. The application form must be filled out in its
			 entirety, must include all relevant documents and fees. (See Fee
			 Schedule)
(2) The applicant shall
			 direct either the state board to send to the Georgia Board an official
			 verification of licensure or NATA to send to the Georgia Board an official
			 verification of registration.
(3)
			 All applications for licensure must be complete within the timeframe indicated
			 in the Joint Secretary Rules and/or policies. All applications not completed
			 within this designated timeframe shall be considered "expired" and withdrawn.
			 Following expiration of an application, a new application in its entirety, to
			 include all required fees, shall be required for consideration of
			 licensure.
(4) Once an application
			 is reviewed by the Board, no refund of the application fee shall be
			 issued.
O.C.G.A.
				§§
										43-1-7,
				43-1-25,
				43-5-6,
				43-5-8,
				43-5-9.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-4 - LICENSURE BY RECIPROCITY › Rule 53-4-.04 - Fees

Current through Rules and Regulations filed through June 27, 2024
Refer to the Fee Schedule for appropriate fees payable to the Board. Any request for refund must be submitted in writing.
O.C.G.A. 43-1-25, 43-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-5 - STANDARDS OF PRACTICE › Rule 53-5-.01 - Standards of Practice

Current through Rules and Regulations filed through June 27, 2024
(1) Licensees shall neither practice nor condone discrimination on the basis of race, creed, national origin, sex, age, handicap, disease entity; social status, financial status or religious affiliation.
(2) Licensees shall provide competent care consistent with both the requirements and the limitation of their profession.
(3) Licensees shall preserve the confidentiality of privileged information and shall not release such information to a third party not involved in the patient's care unless the person consents to such release or release is permitted or required by law.
(4) Licensees shall comply with applicable local, state, and federal laws.
(5) Licensees shall report illegal or unethical practice pertaining to athletic training to the appropriate person or authority.
(6) Licensees shall not practice when their ability is impaired by the use of drugs or alcohol.
(7) Licensees shall not misrepresent in any manner, either directly or indirectly, their skills, training, professional credentials, identity or services.
(8) Licensees shall provide only those services for which they are qualified via education and/or experience and by pertinent legal regulatory process.
(9) Licensees shall provide services, make referrals, and seek compensation only for those services that are necessary and appropriate
(10) Licensees employing, supervising, or evaluating the performance of other staff members shall fulfill such responsibility in a fair, considerate, and equitable manner, on the basis of clearly enunciated criteria.
(11) Licensees shall educate those whom they supervise in the practice of athletic training with regard to the Standards of Practice and encourage their adherence to it.
(12) Whenever possible, licensees are encouraged to participate and support others in the conduct and communication of research and educational activities that may contribute knowledge for improved patient care, patient, or student education, and the growth of athletic training as a profession.
(13) When licensees are researchers or educators, they shall maintain and promote ethical conduct in research and educational activities.
(14) Licensees shall charge only for their services rendered.
Ga. L. 1977, pp. 1123, 1125 (Ga. Code Ann. Sec. 84-7405); O.C.G.A. Sec. 43-1-25, 43-5-1, 43-5-6(a).
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-5 - STANDARDS OF PRACTICE › Rule 53-5-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1977, pp. 1123, 1124 (Ga. Code Ann. Sec. 84-7405); O.C.G.A. Secs. 43-1-25, 43-5-6.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-6 - RENEWAL › Rule 53-6-.01 - Renewal of License, Continuing Education

Current through Rules and Regulations filed through June 27, 2024
(1) Athletic trainer licenses expire on June 30th of even numbered years and are renewable for two years upon receipt of a renewal application and renewal fee and upon compliance with the continuing education requirement set forth below.
(2) To be eligible for renewal, an athletic trainer must have completed, within the preceding two years, at least forty contact hours of continuing education acceptable to the Board. Provided, however, that an athletic trainer who received his license within one year of the renewal date shall not be required to meet the continuing education requirements for that renewal period. Each athletic trainer may not complete more than ten (10) hours of continuing education in one calendar day and shall retain proof of attendance of continuing education programs for a period of three years from the date of attendance.
(3) Athletic trainers will be required to answer questions on their biennial renewal form which establish their compliance with the continuing education requirement. A false statement regarding compliance with the continuing education requirement shall be grounds for revocation or other disciplinary action by the Board.
(4) The staff of the Board shall make a random selection of the actively licensed athletic trainers for the purpose of auditing their compliance with the continuing education requirements of this chapter. Failure to submit such proof of compliance shall be grounds for revocation or other disciplinary action by the Board.
O.C.G.A §§
										43-1-4, 43-1-25, 43-5-6, 43-5-9.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-6 - RENEWAL › Rule 53-6-.02 - Late Renewal

Current through Rules and Regulations filed through June 27, 2024
A license which is renewed between July 1st and September 30th following expiration is subject to a penalty surcharge. (See Fee Schedule.) Failure to renew a license by October 1st of an even year shall have the same effect as revocation. Failure to submit such proof of compliance shall be grounds for revocation or other disciplinary action by the Board.
Authority O.C.G.A. Secs. 43-1-4, 43-1-25, 43-5-6, 43-5-9.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-6 - RENEWAL › Rule 53-6-.03 - Reinstatement

Current through Rules and Regulations filed through June 27, 2024
(1) A license which is revoked for failure to renew may be reinstated, at the discretion of the Board, within two years from its expiration date upon receipt of:
(a) A complete reinstatement application and fee;
(b) Verification of forty (40) hours Continuing Education obtained within two years prior to the date of the reinstatement application.
(c) Proof of current certification from the Board of Certification (BOC) for Athletic Trainers.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-6 - RENEWAL › Rule 53-6-.04 - Inactive Status

Current through Rules and Regulations filed through June 27, 2024
(1) A licensee may apply for inactive status of a license by submitting an affidavit to the Board requesting inactive status. The affidavit must also affirm that while on inactive status the licensee:
(a) Will not practice athletic training in Georgia or hold themselves out to the public as an athletic trainer in Georgia; and,
(b) Understands that to practice or hold oneself out to the public as an athletic trainer in the state of Georgia constitutes unlicensed practice and will subject the licensee to disciplinary action.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-6 - RENEWAL › Rule 53-6-.05 - Continuing Education Acceptable to the Board

Current through Rules and Regulations filed through June 27, 2024
(1) The following are continuing education programs which are acceptable to the Board:
(a) Clinics, conferences, courses, and workshops relating to athletic training topics which have been approved by a recognized athletic training or health related organization. The hour value of such programs shall be the same as that awarded by the approving organization;
(b) Certification in CPR, EMT, or First Aid by a provider acceptable to the Board. The hour value for receiving certification shall be as follows: Five hours for CPR; ten hours for EMT; and seven hours for first aid.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-7 - CHANGE OF NAME/ADDRESS › Rule 53-7-.01 - Change of Name

Current through Rules and Regulations filed through June 27, 2024
A request for a change of name from that under which the original certificate was issued shall be accompanied by a certified copy of the marriage certificate, court order, or documentation of a legal name change, and the appropriate fee. (See Fee Schedule)
Ga. L. 1977, pp. 1123, 1125 (Ga. Code Ann. Sec. 84-7405); O.C.G.A. 43-1-25, 43-5-6.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-7 - CHANGE OF NAME/ADDRESS › Rule 53-7-.02 - Change of Address

Current through Rules and Regulations filed through June 27, 2024
Each licensee shall keep the Board apprised, in writing, of current name and address at all times.
O.C.G.A. 43-1-25, 43-5-6.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-8 - FEES › Rule 53-8-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
Refer to Fee Schedule for appropriate fees payable to the Board. Fees may be reviewed and changed at the discretion of the Board. Any request for refund must be submitted in writing. An indebtedness to the Board caused by a returned check will be dealt with in accordance with Code Section 16-9-20 of the Criminal Code of Georgia.
O.C.G.A. 43-1-25; 43-5-6.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-9 - PROCEDURAL RULES › Rule 53-9-.01 - Procedural Rules

Current through Rules and Regulations filed through June 27, 2024
The Georgia Board of Athletic Trainers 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 Examining Boards.
O.C.G.A. 43-1-25, 43-5-6.
Compilation of Rules and Regulations of the State of Georgia › Department 53 - GEORGIA BOARD OF ATHLETIC TRAINERS › Chapter 53-10 - AMERICANS WITH DISABILITIES › Rule 53-10-.01 - Americans With Disabilities Act

Current through Rules and Regulations filed through June 27, 2024
The Board will provide reasonable accommodation to a qualified applicant with a disability in accordance with the Americans With Disabilities Act. The request for an accommodation by an individual with a disability must be made in writing and received in the Board office by the application deadline along with appropriate documentation, as indicated in the
Request for Disability Accommodation Guidelines.
O.C.G.A. Sec. 43-5-6.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-1 - ORGANIZATION › Rule 54-1-.01 - Administration

Current through Rules and Regulations filed through June 27, 2024
All rules and regulations which are promulgated by the Secretary of State pertaining to the Uniform Athlete Agents Act shall be administered by the Professional Licensing Boards Division of the Office of the Secretary of State, through the Division Director of the Professional Licensing Boards Division. The Office of the Division Director is located at 237 Coliseum Drive, Macon, Georgia 31217-3858.
O.C.G.A. §
										43-1-2.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-2 - DEFINITIONS › Rule 54-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in these Rules and Regulations and in the Uniform Athlete Agents Act, the following terms shall mean the following:
(a) "Law" means the Uniform Athlete Agents Act, O.C.G.A. §
								43-4A.
(b) "Agent Contract" means an agreement between an athlete and an athlete agent which authorizes the agent to pursue employment for the athlete with a professional sports team or as a professional athlete.
(c) "Athlete" means an individual who is eligible to participate in any Intercollegiate sport and who is currently enrolled as a student at an institution of higher education, or has signed a national grant-in-aid with an institution of higher education.
(d) "Athlete Agent" means:
(1) any individual, company, corporation, association, partnership, or other legal entity which directly or indirectly recruits or solicits an athlete to enter into an agent contract or professional sports service contract, or, for a fee, procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team; or
(2) Any owner, employee, or other representative of a professional sports team is not deemed an athlete agent if he/she does not recruit or solicit such athlete to enter into an offer, promise, or attempt to obtain employment for an athlete with a professional sports team.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-3 - APPLICATION PROCEDURES › Rule 54-3-.01 - Application

Current through Rules and Regulations filed through June 27, 2024
(1) Any person who seeks to practice as an athlete agent shall apply for registration on forms which are available online through the Secretary of State's website, or will be provided upon request.
(2) Any person who seeks to practice as an athlete agent shall submit an Application for Athlete Agent Registration.
(3) Business Location. The applicant shall provide the Secretary of State with the street address of the principal place of business from which the applicant proposes to conduct business as an athlete agent.
(4) Training and Experience. Each applicant shall submit affidavits or certificates of completion of any and all formal training and practical experience in any one of the following areas:
(a) Contracts,
(b) Contract negotiations,
(c) Complaint resolution,
(d) Arbitration, and
(e) Civil resolution of contract disputes.
(f) Persons without experience in at least one of the five (5) areas listed in this subsection may request in writing that the Secretary of State consider other relevant training and practical experience. The written request must set forth with particularity the specific training and practical experience which the applicant possesses and the applicant's reasons for requesting that the requirements of this subsection be waived. The Secretary of State, in its sole discretion, may accept other relevant training, education or experience that it deems to be appropriate.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-3 - APPLICATION PROCEDURES › Rule 54-3-.02 - Fees

Current through Rules and Regulations filed through June 27, 2024
Each application must be accompanied by an application fee. Application fees are non-refundable. See fee schedule for the current list of fees.
O.C.G.A. §
										43-4A-8.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-3 - APPLICATION PROCEDURES › Rule 54-3-.03 - Surety Bond

Current through Rules and Regulations filed through June 27, 2024
(1) An applicant for registration shall deposit with the Secretary of State a surety bond in the penal sum of not less than $10,000. At no time during any registration period shall the athlete agent be without the bond. The bond shall be executed in favor of the State with a surety company authorized to do business in Georgia. The bond shall be conditioned to pay a pro rata share of the amount of the bond for damages to each athletic department aggrieved by any act which the agent commits which violates Official Code of Georgia Annotated §
								43-4A-16 or any act which would be grounds for revocation of the athlete agent's registration under Official Code of Georgia Annotated §§
								43-4A-7 or 43-4A-8.
(2) If a registered athlete agent fails to maintain a surety bond, the Secretary of State shall suspend the registration until such time as the agent obtains a new bond. An athlete agent shall not carry on business as an athlete agent during such period of suspension.
O.C.G.A. §
										43-4A-12.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-3 - APPLICATION PROCEDURES › Rule 54-3-.07 - Refusal to Grant Registration

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State may refuse to grant a registration or may limit and/or restrict a registration upon making a finding that an applicant has committed any act which is enumerated in Official Code of Georgia Annotated Title 43.
(2) The Secretary of State shall notify an applicant in writing of the Secretary of State's refusal to grant a registration. The notice shall set forth the reason(s) for the refusal.
(3) Within sixty (60) days of receipt of a notice of refusal to grant a registration, an applicant may file a written request to appear before the Secretary of State as a non-contested case under the Administrative Procedures Act. The Secretary of State will then schedule a time for the applicant to appear before the Secretary of State at a regularly scheduled meeting. The applicant may present additional documentation at the scheduled appearance.
(4) The Secretary of State shall notify the applicant, in writing, of the decision after a scheduled appearance with the applicant.
(5) An applicant who has been refused registration may submit a new application, supporting documentation, and the appropriate fee to the Secretary of State subsequent to receipt of notification of the refusal of the registration.
O.C.G.A. §§
										43-4A-6, 43-1-19
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-3 - APPLICATION PROCEDURES › Rule 54-3-.08 - 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) "License" means any license issued by the Secretary of State to practice as an Athlete Agent in the state of Georgia.
(b) "Military" means the United States armed forces, including the National Guard.
(c) "Service member" means an active or reserve member of the armed forces, including the National Guard.
(d) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(e) "Transitioning service member" means a member of the military on active duty status or on separation leave who is within twenty-four (24) months of retirement or twelve (12) months of separation.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-4 - RENEWAL/REGISTRATION UPDATE › Rule 54-4-.02 - Change of Name or Address

Current through Rules and Regulations filed through June 27, 2024
It is the duty of each registrant to notify the Secretary of State in writing if their name or address changes from that which they previously filed with the Secretary of State. A notice of change of name must be accompanied by a certified copy of a marriage certificate, Court order or other legal document. Changes of address may be made online by the registrant, or by written request to the Secretary of State.
O.C.G.A. §
										43-1-25.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-4 - RENEWAL/REGISTRATION UPDATE › Rule 54-4-.03 - Biennial Renewal Cycle

Current through Rules and Regulations filed through June 27, 2024
(1) An initial registration shall become effective upon issuance of the registration number by the Secretary of State that the applicant has been assigned a registration number.
(2) All registrations shall expire on June 30 of odd numbered years.
(3) Notice of registration expiration will be emailed to all registered athlete agents with valid email addresses on file with the Secretary of State; otherwise, notice of registration expiration will be mailed by regular mail to the mailing address on file. Notice will provide instruction on renewing the registration online, as well as providing instruction on obtaining a renewal application by mail.
(4) The applicant for renewal shall submit to the Secretary of State, on or before June 30 of odd numbered years:
(a) a complete Application for Renewal; and
(b) the biennial renewal fee (See Fee Schedule); and
(c) a surety bond in accordance with these rules.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-4 - RENEWAL/REGISTRATION UPDATE › Rule 54-4-.05 - Revocation for Failure to Renew

Current through Rules and Regulations filed through June 27, 2024
A registration shall be revoked for failure to renew if the registration has expired and the licensee has failed to meet the requirements for renewal on or before July 1 of the renewal year. In order to reinstate the registration, a person whose registration has been revoked for failure to renew must apply for registration following the procedure set out in Chapter 54-3. The applicant must satisfy the current requirements for registration set out in Chapter 54-3. In order to meet the current requirements, the applicant may use any qualifying experience and training, including any which was applied toward their initial registration. In addition to all other fees, a person seeking to reinstate a registration that has been revoked, must pay a reinstatement fee (see Fee Schedule).
O.C.G.A. §
										43-1-19(l).
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-5 › Rule 54-5-.02

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
										43-4A-2, 43-4A-4, 43-4A-14, 43-4A-1543-4A-16.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-6 - SIGNING PROVISIONS › Rule 54-6-.03 - Notice to Athletic Director

Current through Rules and Regulations filed through June 27, 2024
An athlete agent shall notify in writing the appropriate athletic director of having signed an athlete before the contracting athlete practices or participates in any intercollegiate event or within 72 hours after entering into the contract, whichever comes first.
O.C.G.A. Secs. 43-4A-4, 43-4A-16.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-6 - SIGNING PROVISIONS › Rule 54-6-.05 - Prohibited Acts Prior to Signing

Current through Rules and Regulations filed through June 27, 2024
Prior to signing an athlete to an agent contract, an agent shall not compensate that athlete or take any other action which may jeopardize that athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education.
O.C.G.A. Secs. 43-4A-4 and 43-4A-16.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-6 - SIGNING PROVISIONS › Rule 54-6-.06 - Sanctions

Current through Rules and Regulations filed through June 27, 2024
An agent who fails to comply with the provisions of this Chapter shall be subject to the sanctions set out in Chapter 54-7.
O.C.G.A. Secs. 43-4A-4 and 43-4A-16.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-7 - SANCTIONS › Rule 54-7-.01 - Revocation of Registration or Discipline of Registrant

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State may revoke a registration or may discipline a registrant upon a finding that the registrant, its representative or employee has violated Official Code of Georgia Annotated Chapter 43-4A.
(2) When the Secretary of State finds that a registrant should be disciplined, any one or more of the actions enumerated in Official Code of Georgia Annotated Section 43-1-19 may be taken.
O.C.G.A. §
										43-1-19.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-7 - SANCTIONS › Rule 54-7-.02 - Violations: Felony, Unregistered Practice, Void Contract

Current through Rules and Regulations filed through June 27, 2024
(1) Any person who violates Chapter 43-4A shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 or more than $100,000.00 or by imprisonment from one to five years, or both.
(2) Any agent contract or professional services contract that is negotiated for, with, or on behalf of an athlete by a person who has not first registered with the Secretary of State is void.
O.C.G.A. §§
										43-4A-11, 43-4A-4.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-7 - SANCTIONS › Rule 54-7-.03 - Failure to Maintain Surety Bond

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State shall suspend a registration if the registrant fails to maintain such bond so as to comply with Official Code of Georgia Annotated Section 43-4A-13 or Section 43-4A-14. An athlete agent shall not carry on business as an athlete agent during the period of suspension.
O.C.G.A. §§
										43-4A-12, 43-4A-6.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-7 - SANCTIONS › Rule 54-7-.04 - Failure to Comply with Signing Provisions

Current through Rules and Regulations filed through June 27, 2024
Regardless of an athlete's eligibility to participate in intercollegiate sports at an institution of higher education, the athlete agent must comply with signing provisions of O.C.G.A. §
								43-4A-14 and 43-4A-15. Failure to do so shall result in the following:
(a) The agent shall be liable for damages in the amount of the surety bond to the athletic department at the institution of higher education at which the athlete is enrolled; and
(b) The agent shall be subject to disciplinary action by the Secretary of State pursuant to Rule  54-7-.01, and to a civil penalty pursuant to O.C.G.A. §
								43-4A-15.
O.C.G.A. §§
										43-4A-14, 43-4A-15.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-8 - COMPLAINTS › Rule 54-8-.01 - Complaints

Current through Rules and Regulations filed through June 27, 2024
(1) Any person may file a complaint against a registered athlete agent or an unregistered person who is practicing as an athlete agent. The Complaint must be in writing and must be delivered to the Secretary of State at 237 Coliseum Drive, Macon, GA 31217. The Complaint may also be filed online through the Secretary of State's website.
(2) The complaint shall include the complainant's name and contact information, shall be signed by the complainant if submitted in writing, and shall give the name and address of the person or business entity against whom the complaint is filed.
(3) The complaint must specify the circumstances which led to the complaint being filed.
O.C.G.A. §
										43-1-19.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-9 - FEES › Rule 54-9-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
Refer to Fee Schedule for appropriate fees payable to the Secretary of State. Fees may be reviewed and changed at the discretion of the Secretary of State. Any request for refund must be submitted in writing.
O.C.G.A. §
										43-4A-8.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-10 - PROCEDURAL RULES › Rule 54-10-.01 - Administrative Procedures

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State hereby adopts by reference Procedures for Hearings before the several Professional Licensing Boards Chapter 13 of Title 50, the Georgia Administrative Procedures Act and any future amendments thereto.
O.C.G.A. §
										43-4A-7.
Compilation of Rules and Regulations of the State of Georgia › Department 54 - DEPARTMENT OF GEORGIA ATHLETE AGENTS › Chapter 54-10 - PROCEDURAL RULES › Rule 54-10-.02 - Refusal to Grant Registration

Current through Rules and Regulations filed through June 27, 2024
The refusal to grant a registration shall not be considered a contested case within the meaning of the Georgia Administrative Procedures Act. Notice of hearing within the meaning of such Chapter shall not be required.
O.C.G.A. Sec. 43-4A-7.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-1 - ORGANIZATION › Rule 55-1-.01 - Organization of Commission

Current through Rules and Regulations filed through June 27, 2024
(1) The Georgia Auctioneers Commission is hereby created under the Secretary of State and Division Director, Professional Licensing Boards. The Commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Five members of the Commission shall be licensed auctioneers who shall have been residents of this State and actively engaged in the auctioneering business for at least five years. One member shall be a resident of this State and shall have no connection whatsoever with the practice or profession of auctioneering.
(2) No person shall serve more than two consecutive years as chairman.
O.C.G.A. Secs. 43-1-24, 43-1-25, 43-6-2, 43-6-3, 43-6-7.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-2 - PROCEDURAL RULES › Rule 55-2-.01 - Procedural Rules

Current through Rules and Regulations filed through June 27, 2024
The Georgia Auctioneers Commission 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. 1975, pp. 53-65.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-3 - APPLICATION FOR LICENSURE › Rule 55-3-.01 - Corporations

Current through Rules and Regulations filed through June 27, 2024
(1) Any corporation desiring to obtain a license as an auction company shall furnish the following to the Commission:
(a) A completed, signed and notarized application form as prescribed by the Commission;
(b) Corporations must contribute to the Education, Research and Recovery Fund as provided in Rule  55-6-.01(f) and (g).
(c) If such corporation is a foreign corporation, satisfactory evidence approved by the Commission that such corporation is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14;
(d) Satisfactory evidence approved by the Commission that the corporation employs or shall employ an auctioneer or auctioneers licensed under the provisions of this chapter to conduct any auctions in this state;
(e) Within 30 days after the receipt of a license, said company or corporation shall cause to be forwarded to the Commission the following:
1. The name of the bank and the account number of any escrow or trustee account wherein the funds of others held by the corporation or company are maintained;
2. An authorization permitting the examination of any escrow or trustee account by a duly authorized representative of the Commission when so directed by the Commission.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-3 - APPLICATION FOR LICENSURE › Rule 55-3-.02 - Applicants With Disabilities

Current through Rules and Regulations filed through June 27, 2024
The Commission will provide reasonable accommodation to a qualified applicant with a disability in accordance with the Americans With Disabilities Act. The request for an accommodation by an individual with a disability must be made in writing and received in the Commission office by the application deadline along with appropriate documentation, as indicated in the
Request for Disability Accommodation Guidelines.
42 U.S.C. Section 12101,
et seq.
(1990); O.C.G.A. Secs. 43-1-2(j), 43-6-7.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-3 - APPLICATION FOR LICENSURE › Rule 55-3-.03 - 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 Georgia Auctioneers Commission.
(b) "License" means any license issued by the Georgia Auctioneers Commission.
(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 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-3 - APPLICATION FOR LICENSURE › Rule 55-3-.04 - Reinstatement - Auctioneer

Current through Rules and Regulations filed through June 27, 2024
(1) Failure to renew an Auctioneer license prior to March 31st of each even numbered year shall have the same effect as revocation. Any consideration for license reinstatement shall be at the discretion of the Commission and shall require submission of a reinstatement application and reinstatement fee.
(2) The Commission in its discretion may reinstate an Auctioneer license upon receipt of an application, evidence of completion of at least eight (8) hours of Commission-approved Continuing Education within the previous 24 months and appropriate fees as noted on the Fee Schedule.
(3) Licenses that have been lapsed for over two (2) years may be reinstated at the discretion of the Commission when the applicant has met the following criteria:
(a) Retaken and passed the Commission-approved examination; or
(b) submitted a verified license in good standing issued by another country, or by any state, territory, or possession of the United States which has requirements for licensure substantially similar to the Commission.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-4 - EXAMINATION › Rule 55-4-.01 - Examinations

Current through Rules and Regulations filed through June 27, 2024
(1) Examination for Auctioneers shall be scheduled at such times as determined by the Commission. An applicant approved for an examination who fails to appear for three (3) consecutive examinations will not be permitted thereafter to stand the examination until he has submitted a new application, including the requisite examination fee, and the same has been approved by the Commission.
(2) All applications for examination, along with supporting documentation, must be received by the Commission's office at least 40 days prior to the scheduled examination.
Ga. L. 1975, pp. 53, 59; O.C.G.A. Sec. 43-6-7.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-5 - CONDUCT OF AUCTIONS › Rule 55-5-.01 - Responsibilities of the Auctioneer

Current through Rules and Regulations filed through June 27, 2024
(1) The principal auctioneer of an auction shall mean the auctioneer or a licensed or exempt auction company considered by the seller and the crew working the auction as the principal auctioneer, or by contract as the principal auctioneer, and shall be responsible for all aspects of said auction.
(2) The principal auctioneer shall be responsible for the inclusion of his/her name and license number or the name and license number of the auctioneer and/or auction company for which the auctioneer is employed in any circular and in any other type advertisement advertising an auction.
(3) The auction company shall be responsible for maintaining for a period of three years from each auction:
(a) An executed contract, which shall include:
1. The name(s), and address(es), telephone number(s) and signature(s) of the seller(s) of the property offered;
2. The name(s), addresses(es), telephone number(s) and signature(s) of the auctioneer in charge of the sale;
3. The date of execution;
4. The proposed date and place that the auction is to be held;
5. Terms of compensation;
6. Date of proposed settlement.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-5 - CONDUCT OF AUCTIONS › Rule 55-5-.02 - Escrow Accounts

Current through Rules and Regulations filed through June 27, 2024
(1) Prior to the issuance of a license, each auctioneer shall forward or shall cause to be forwarded to the Commission the following:
(a) The name of the bank and the account number of any escrow or trustee account wherein the funds of others held by the Auctioneer are maintained.
(b) An authorization permitting the examination of any escrow or trustee account by a duly authorized representative of the Commission when so directed by the Commission.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-6 - FEES › Rule 55-6-.01 - Fees, Expiration Dates, and Late Renewals

Current through Rules and Regulations filed through June 27, 2024
(1) All fees for applications for license, renewals, late renewals, reinstatements, and all other fees which may be authorized by law shall be established by the Commission periodically as set forth on a fee schedule and may be obtained from the Commission office. Such fees must be paid directly to the Commission office.
(2) Late Renewal Fee: All licenses expire on February 28 of each even numbered year.
Renewals received after February 28th will result in a penalty fee so long as a renewal is received by March 31st following the February 28th expiration deadline. Failure to renew a license prior to April 1st following the expiration deadline, will result in revocation of the license and will require a new application, reexamination, license fees and penalty fee for reinstatement of such revoked license. (See fee schedule maintained by Commission Office.)
(3) Fees for Auctioneering Schools: All fees for applications for auctioneering schools and other licenses, renewals, late renewals, and all other fees that may be authorized by law shall be established by the Commission periodically as set forth on a fee schedule and may be obtained from the Commission office.
(a) A penalty fee as prescribed by the Commission shall be imposed for practicing as an auctioneer or operating an auctioneering company prior to being licensed by the Georgia Auctioneers Commission. (See fee schedule maintained by Commission Office.)
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-7 - COMPANY REGISTRATION › Rule 55-7-.01 - Full-time Auctioneer

Current through Rules and Regulations filed through June 27, 2024
A "full-time auctioneer licensed by the Commission" is:
(a) an individual licensed by the Commission who owns the company; or
(b) an individual licensed by the Commission who is employed by the company and who works as an auctioneer exclusively for that company.
O.C.G.A. 43-6-7; 43-6-11.1.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-7 - COMPANY REGISTRATION › Rule 55-7-.02 - Definition/Responsibilities of Auctioneer Directly Supervising the Company

Current through Rules and Regulations filed through June 27, 2024
(1) The auctioneer directly supervising the company is a full-time auctioneer licensed by the Commission who shall be responsible for the advertising and management of the sale, shall account for all proceeds therefrom and shall sign and issue a closing statement to the seller.
(2) Any circular or other advertisement advertising a sale shall contain the name and number of the full-time auctioneer directly supervising the company.
O.C.G.A. 43-6-7; 43-6-11.1.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-7 - COMPANY REGISTRATION › Rule 55-7-.03 - Notarized Statement

Current through Rules and Regulations filed through June 27, 2024
A company applying for exemption from company registration must provide a notarized statement from the auctioneer owning or directly supervising the company stating:
(a) That the auctioneer works as an auctioneer exclusively for the company and that he directly supervises the company or that the auctioneer owns the company; and
(b) the auctioneer's Georgia auctioneers license number.
O.C.G.A. 43-6-7; 43-6-11.1.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-7 - COMPANY REGISTRATION › Rule 55-7-.04 - Loss of Auctioneer Directly Supervising the Company

Current through Rules and Regulations filed through June 27, 2024
A company that applies for and receives exemption from company registration must provide written notification to the Commission within 15 days of termination of ownership or the relationship between the company and the full-time auctioneer directly supervising the company. Furthermore, immediately upon such termination, the company must either register with the Commission or cease all business of auctioneering until such time as it retains a full-time auctioneer to directly supervise the company and is granted another exemption from the Commission upon compliance with Rule  55-7-.03.
O.C.G.A. 43-6-7; 43-6-11.1.