reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-3 - APPLICATION FOR LICENSURE › Rule 121-3-.01 - Application for Statewide License

Current through Rules and Regulations filed through June 27, 2024
(1) Applications for license or certification and requests for scheduling of examination must be completed in full on a form approved by the division, submitted with the required fee, and received by the deadline date established by the division.
(2) The application fee, examination fee, and re-examination fee will be approved by the Board in order to recover costs associated with processing application and administering the examination. Fees will be published in a separate schedule and will be made available to all applicants. The application fee is non-refundable. The examination fee or re-examination fee may be refunded only if the applicant submits a request for refund prior to being scheduled for the examination, however a partial refund of any unexpended portion of the examination fee for scheduled applicants may be approved, at the Board's discretion.
(3) Reference and other examination material which are provided to applicants by the Divisions of the Board and replacement of such material requested by applicants may be provided subject to a fee approved by the Board. Such fees will be published in a separate schedule and will be made available to all applicants.
(4) All applicants for license or certification must report to the Board, prior to becoming licensed, any findings or pleas of guilty or pleas under nolo contendere or under the "First Offender Act" for the commission of any felony or misdemeanor, other than minor traffic violations, except that any misdemeanor committed more than five years prior to application need only be reported upon request.
(5) The divisions of the Board may take disciplinary action on the license or certification of any person guilty of a felony or any crime involving moral turpitude or crime involving a violation of the Georgia Controlled Substances Act.
(6) 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 accomodation 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.
Ga. L. 1983, pp. 430-434; 42 U.S.C. 12101,
et seq.
; O.C.G.A. Secs. 43-1-19(a)(3),(4), 43-14-2(j), 43-14-5, 43-14-5(5), 43-14-6, 43-14-6(a)(5), 43-14-8.1, 43-14-8.2, 43-14-8.3.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-3 - APPLICATION FOR LICENSURE › Rule 121-3-.02 - Confidentiality of Applicant and Examination Information

Current through Rules and Regulations filed through June 27, 2024
(1) Applications for examination and the names of applicants shall be confidential and shall not be disclosed without written authorization from the applicant and approval by the appropriate division. Personal references submitted by third parties as part of an application shall not be disclosed to the applicant without written authorization from the person who submitted the reference and approval by the appropriate division.
(2) No applicant may remove from the examination room any examination material or notes on the examination. All examination material and notes made by the applicant during the examination must be given to the examination proctor before leaving the examination room. Any applicant who removes examination materials or notes from the examination room or who shares information on examination questions or answers during or after the examination, or who violates other procedures for the examination as listed in the examination instructions will be subject to disciplinary proceedings as provided for by Board Rule 121-5, at the discretion of the appropriate division.
(3) The appropriate division may, at its sole discretion, release the grade to a failing applicant. Individual papers may not be reviewed with the applicant nor shall the applicant be permitted to inspect either questions or answers following the examination.
O.C.G.A. Secs. 43-14-3; 43-14-6, 43-14-8.1.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-3 - APPLICATION FOR LICENSURE › Rule 121-3-.03 - Applicant Review Course

Current through Rules and Regulations filed through June 27, 2024
(1) Any applicant for conditioned air contractor, electrical contractor, master plumber, or journeyman plumber license who takes and fails the examination twice after July 1, 1989, must submit documentation of completion of a review course before being scheduled for a third examination. The review course must meet the qualifications under board Rule  121-2-.06. The documentation of completion must include:
(a) the name of the school;
(b) the course title;
(c) the name and license number of the instructor if the course was conducted by other than a college or postsecondary technical school;
(d) the topics covered by the course;
(e) the number of instruction hours; and
(f) the date of completion.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-4 - ISSUANCE, RENEWAL, AND EXPIRATION › Rule 121-4-.01 - Issuance

Current through Rules and Regulations filed through June 27, 2024
Licenses and certifications will be issued upon the appropriate division's determination of the applicants meeting the requirements given in Chapter 121-2 and Chapter 121-3 of these Rules.
O.C.G.A. Secs. 43-14-5, 43-14-6.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-4 - ISSUANCE, RENEWAL, AND EXPIRATION › Rule 121-4-.03 - Replacement

Current through Rules and Regulations filed through June 27, 2024
(1) A replacement certificate may be issued to a licensee who provides an affidavit to the appropriate Division identifying the cause for loss of his original certificate and submits a fee of $10.00. A certificate will be considered issued upon receipt by the licensee.
(2) A replacement pocket identification card may be issued upon approval by the appropriate Division following the licensee's documentation of the cause for the loss of the original pocket identification card and payment of a fee of $5.00. All duplicate identification cards will be plainly marked as a duplicate. An identification card will be considered issued upon receipt by the licensee.
Ga. L. 1981, Act 791, effective April 19, 1981.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-4 - ISSUANCE, RENEWAL, AND EXPIRATION › Rule 121-4-.04 - Rosters

Current through Rules and Regulations filed through June 27, 2024
Rosters of each Division may be issued upon receipt of payment of $5.00 per roster. A roster of each Division may be provided to each municipal and county inspection authority and business license authority and to each member of the Board without charge. Up to a maximum of 5 rosters of each Division may be issued without charge to the municipal or county inspection and business license authorities upon request.
Ga. L. 1983, pp. 430-431.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-4 - ISSUANCE, RENEWAL, AND EXPIRATION › Rule 121-4-.05 - Continuing Education for Conditioned Air Contractors

Current through Rules and Regulations filed through June 27, 2024
(1) Conditioned Air Contractors are required to complete, prior to license renewal, continuing education as described in paragraphs (2), (3), and (4) of this Rule. Failure to document completion of the continuing education requirements to the satisfaction of the Division of Conditioned Air Contractors shall be grounds for disciplinary action, including denial of renewal of the license or revocation of the license.
(2) Any applicant for renewal of conditioned air contractor license is required to complete four (4) hours of continuing education per year. However, an applicant for renewal who has been initially licensed for less than two (2) years must have completed four (4) hours of continuing education while licensed prior to renewal. An applicant for renewal who has been initially licensed for less than one (1) year is not required to complete continuing education.
(3) Credit for continuing education hours occurs at a rate of one hour for each hour of instruction. For courses which report instructional time in "Continuing Education Units" (CEU'S), one CEU is defined as 10 hours of credit for this requirement.
(4) Continuing education courses shall be in the areas related to conditioned air contracting concerning safety, technological advances, business management, or government regulations. Such continuing education courses must be conducted by an institution of higher education; vocational technical school; trade, technical or accredited college or university; a post secondary institute under the jurisdiction of the Georgia Board of Technical and Adult Education or the equivalent agency of another state or local government; an organization consisting of members of trade, technical, or professional group; a public utility; or a conditioned air equipment manufacturer. However, courses conducted by manufacturers specifically to promote their products shall not be approved under this Rule.
(5) Applicants for renewal of conditioned air contractors license must report on the application for renewal whether or not all applicable continuing education requirements have been met. Licensees shall maintain, for at least five years after completion of the course, records confirming attendance at and completion of continuing education courses, including the following information:
(a) school, company, or organization conducting the course;
(b) title of course;
(c) location and date of the course;
(d) course outline or topics covered;
(e) hours of instruction;
(f) documentation of attendance and satisfactory completion.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-4 - ISSUANCE, RENEWAL, AND EXPIRATION › Rule 121-4-.06 - Continuing Education for Master and Journeyman Plumbers

Current through Rules and Regulations filed through June 27, 2024
(1) Master and Journeyman Plumbers are required to complete, prior to license renewal, continuing education as described in paragraphs (2), (3), and (4) of this Rule. Failure to document completion of the continuing education requirements to the satisfaction of the Division of Master and Journeyman Plumber shall be grounds for disciplinary action, including denial of renewal of the license or revocation of the license, unless waived by the Division.
(2) Beginning with the applications for renewal of licenses to practice which expire on December 31, 1996, any applicant for renewal of master or journeyman license, effective 1994-1996 renewal, is required to complete four (4) hours of continuing education per year. The division may approve applicants for renewal who have completed at least a total of 8 hours of continuing education within the 24 months prior to the expiration date. An applicant for renewal who has been initially licensed for less than two (2) years must have completed four (4) hours of continuing education while licensed prior to renewal. An applicant for renewal who has been initially licensed for less than one (1) year is not required to complete continuing education prior to the applicant's initial renewal.
(3) Continuing education courses shall be in the areas of plumbing installation, design, state codes, products, innovations or new techniques, tools and materials, safety, or work related legal issues. Courses for master plumbers also may be in the areas of environmental or business issues. Such continuing education courses must be conducted by an institute of higher education; vocational technical school; trade, technical, or professional organization; or institute under the State Board of Technical and Adult Education.
(4) Applicants for renewal of master or journeyman plumber license must report on the application for renewal whether or not all applicable continuing education requirements have been met. Licensees shall maintain, for at least five years after completion of the course, records confirming attendance at and completion of continuing education courses, including the following information:
(a) school or organization conducting the course;
(b) title of course;
(c) location and date of the course;
(d) course outline or topics covered;
(e) hours of instruction;
(f) documentation of attendance and satisfactory completion.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-4 - ISSUANCE, RENEWAL, AND EXPIRATION › Rule 121-4-.07 - Continuing Education for Electrical Contractors

Current through Rules and Regulations filed through June 27, 2024
(1) Electrical Contractors are required to complete, prior to license renewal, continuing education as described in this Rule. Failure to document completion of the continuing education requirements to the satisfaction of the Division of Electrical Contractors shall be grounds for disciplinary action, including denial of renewal of the license or revocation of the license.
(2) Any applicant for renewal of electrical contractor license is required to complete four (4) hours of continuing education per year. However, an applicant for renewal who has been initially licensed for less than two (2) years, but more than 1 year must have completed four (4) hours of continuing education while licensed prior to initial renewal. An applicant for renewal who has been initially licensed for one (1) year or less is not required to complete continuing education prior to initial renewal.
(3) Credit for continuing education hours occurs at a rate of one hour for each hour of instruction.
(4) Continuing education courses shall be in the area related to electrical contracting as prescribed by the division. Such continuing education courses must be conducted by an accredited college or university; a post secondary institute under the jurisdiction of the Georgia Board of Technical and Adult Education or the equivalent agency of another state or local government; an organization consisting of members of a trade, technical, or professional group; a public utility; or an electrical equipment manufacturer. However, courses conducted by manufacturers specifically to promote their products shall not be approved under this Rule.
(5) Applicants for renewal of electrical contractor license must report on the application for renewal whether or not all applicable continuing education requirements have been met. Licensees shall maintain, for at least five years after completion of the course, records confirming attendance at and completion of continuing education courses, including the following information:
(a) school, company, or organization conducting the course;
(b) title of course;
(c) location and date of the course;
(d) course outline or topics covered;
(e) hours of instruction;
(f) documentation of attendance and satisfactory completed.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-5 - DISCIPLINARY PROCEEDING › Rule 121-5-.01 - Disciplinary Proceeding

Current through Rules and Regulations filed through June 27, 2024
After notice and hearing, a Division may take disciplinary action against a licensee or certificate holder or may refuse to grant, renew, or restore a license or certificate to any person pursuant to O.C.G.A. 43-14-6; and all other appropriate sections of Chapter 14 of Title 43, O.C.G.A. 43-1-19, O.C.G.A. 43-1-27, O.C.G.A. 16-13, O.C.G.A. 50-13 and the Rules of the Board.
Ga. L. 1983, pp. 431-432; O.C.G.A. Secs 43-1-5, 43-1-6, 43-1-19.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-5 - DISCIPLINARY PROCEEDING › Rule 121-5-.02 - Unprofessional Conduct, Defined

Current through Rules and Regulations filed through June 27, 2024
"Unprofessional conduct" shall include, but not be limited to the following:
(a) Violating local ordinances relating to the performance of contracted work covered by O.C.G.A. Chapter 43-14 including, but not limited to, failure to obtain the required permits and inspections required by local ordinance;
(b) Establishing a pattern of charging amounts substantially in excess of any original estimate given by the licensee without having informed the consumer, prior to the accrual of such charges, that the final amount due would or could be substantially in excess of the original estimate;
(c) Knowingly charging for unnecessary work;
(d) Diverting funds or property received or obtained for the completion of a specific contract without the specific authorization of the consumer and/or the contractor for that particular job;
(e) Failing to disclose the name and license number of the person or persons supervising and performing contracted work for a sole proprietorship, partnership, or corporation whenever such information is reasonably requested by the Board or its designee, any other state agency or representative, or any consumer or member of the public.
(f) Failing to register with the Division the name of the business which the licensee or certificate holder qualifies under Chapter 121-6 or failing to notify the Division in writing within five (5) days of the severance of connection with a registered business.
(g) Operating as a utility contractor without employing a person who holds a current utility manager certificate to supervise the work performed by each permanent office.
(h) Registering a sole proprietorship, partnership, limited liability company, or corporation which the Division determines to be in violation of O.C.G.A. 10-1-490, which requires the registration of trade names with the Superior Court.
(i) Failing to provide documentation of the registration with Superior Court of trade names to the division upon request.
O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.2.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-6 - BUSINESS REGISTRATION › Rule 121-6-.01 - Business Registration

Current through Rules and Regulations filed through June 27, 2024
(1) Sole proprietorships, partnerships, or corporations engaging in contracting covered by O.C.G.A. 48-14 must have regularly connected with such business a person holding an appropriate and current license or certificate. Such persons must actually be engaged in the practice of the business on a full-time basis and must provide adequate supervision of and be responsible for the work performed. Such persons may not qualify more than one proprietorship, partnership, or corporation for business registration at any one time. The qualifying licensee or certificate holder must provide supervision while the contracted work is in progress and must be able to respond in a timely manner to problems that may arise while the work done under his license is in progress. A licensee or certificate holder is deemed unable to supervise work or respond to problems during the hours when such licensee is working for another employer. Therefore during the hours the licensee or certificate holder is working for another employer, the sole proprietorship, partnership, or corporation cannot perform contracting work which is dependent upon the supervision of the licensee or certificate holder.
(2) Notwithstanding the penalty that may be imposed under the provisions of O.C.G.A. 10-1-493 for failure to comply with O.C.G.A. 10-1-490, such failure is grounds for disciplinary action. See Rule  121-5-.02(h), Unprofessional Conduct defined.
Ga. L. 1983, p. 434; O.C.G.A. Secs. 43-14-5, 43-14-8.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-6 - BUSINESS REGISTRATION › Rule 121-6-.02 - Primary Contractors and Subcontractors

Current through Rules and Regulations filed through June 27, 2024
(1) For the purpose of this Rule, a primary contractor is considered a sole proprietorship, partnership, corporation, or individual which contracts for the completion of certain services. The primary contractor may perform these services with his own employees, provided the contractor holds an appropriate, current, and valid state contractor or master license for any category of services covered by these Rules and Regulations. The primary contractor may subcontract for the completion of any, or all, services, provided any subcontractor performing services covered by these Rules and Regulations holds an appropriate, current, and valid state contractor or master license.
(2) For the purpose of this Rule, a subcontractor is considered a sole proprietorship, partnership, corporation, or individual with whom a primary contractor or another subcontractor contracts for the completion of certain services. When contracting with either a primary contractor or another subcontractor to perform services covered by these Rules and Regulations, subcontractors must hold an appropriate, current, and valid state contractor or master license, unless specifically exempted under O.C.G.A. 43-14-16.
(3) A licensed contractor or master may contract as a primary contractor. The licensee must insure that the subcontractor holds an appropriate, current, and valid state contractor or master license. Licensees may not disavow responsibility for services which are subcontracted to other licensees.
O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-6 - BUSINESS REGISTRATION › Rule 121-6-.03 - Utility Branch Offices

Current through Rules and Regulations filed through June 27, 2024
(1) In cases where a utility contractor has more than one permanent office, then each permanent office shall be registered with the division. At least one person who holds a valid utility manager certificate shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.
(2) The utility branch office must register with the division by furnishing the name and license number of the utility manager certificate holder. The utility contractor must notify the division in writing within five (5) days of the severance of connection with the qualifying certificate holder.
O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-6 - BUSINESS REGISTRATION › Rule 121-6-.04 - Display of Business Registration Number

Current through Rules and Regulations filed through June 27, 2024
(1)
(a) Any business performing conditioned air contracting shall display, as set forth below, the business registration number. The business registration number is the license number of the qualifying licensee, including the prefix CN or CR preceded by "GA. REG." For example a licensee holding the license number "CN-555123" would display "GA. REG. CN-555123" as set forth in (2), (3) and (4) below.
(b) Business registration numbers issued by the board prior to December 1, 1999 may be displayed in lieu of the business registration number described in subparagraph (a) above, until November 30, 2001. Effective December 1, 2001, only business registration numbers that include the license number as described in subparagraph (a) above shall be displayed.
(c) If for any reason a licensee no longer qualifies a business to perform conditioned air contracting, the business shall cease doing conditioned air contracting until a licensee qualifies the business and all displays of the registration number are changed to include the license number of the new qualifying licensee.
Compilation of Rules and Regulations of the State of Georgia › Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD › Chapter 121-6 - BUSINESS REGISTRATION › Rule 121-6-.05 - Grace Period for Utility Contractors

Current through Rules and Regulations filed through June 27, 2024
(1) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee the work performed by the contractor, including any branch offices, the contractor must notify the Division of Utility Contractors within 5 days following the last day of employment of the certificate holder. Except as provided in paragraph (4), upon such notice, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder before any action may be taken to revoke the utility contractor's license. If the utility contractor fails to notify the division within 5 days or allows the grace period to expire without employing a utility manager certificate holder to oversee the work, the utility contractor no longer has the right to engage in the business of utility contracting, and failure to employ a certificate holder shall be grounds for revocation or suspension of the utility contractors license.
(2) Utility contractors who are granted a grace period to employ a utility manager certificate holder must report within five (5) days the employment of a certificate holder.
(3) In the event that a licensed utility contractor can show good cause for being unable to employ a utility manager certificate holder within the 90-day grace period, the contractor may apply for one additional 90-day grace period. Such applicant must be submitted to the division at least 15 days prior to the expiration of the original grace period. One additional 90-day grace period may be approved if the contractor can show good cause which is acceptable to the division. Such application must show the contractor's efforts to employ a certificate holder, the reason for the contractor's inability to employ a certificate holder, and the contractor's plan for employing a certificate holder within the next 90 days. Good cause for not having hired a certificate holder may include but is not limited to medical emergencies, natural emergencies, or employee who has a certificate application on file pending approval by the division. To be approved, the division must determine that the failure to hire a certificate holder was beyond the contractor's ability and that the contractor can be expected to hire a certificate holder within the next 90 days.
(4) A utility contractor may not be granted grace periods totaling more than 180 days during any two-year period. The number of days applied to this limit will be determined by the number of days granted and should not be reduced if the contractor employs a certificate holder prior to the expiration of the grace period.
O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.
Compilation of Rules and Regulations of the State of Georgia › Department 122 - REPEALED › Chapter 122-1 - REPEALED › Rule 122-1-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
									10-1-393.5, 10-1-395, 10-1-403, 10-1-404, 10-1-406.
Compilation of Rules and Regulations of the State of Georgia › Department 122 - REPEALED › Chapter 122-1 - REPEALED › Rule 122-1-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
									10-1-393, 10-1-398, 10-1-403, 10-1-404.
Compilation of Rules and Regulations of the State of Georgia › Department 122 - REPEALED › Chapter 122-18 - REPEALED › Rule 122-18-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
									10-1-783(c),(d),(e); 10-1-784(a)(2)(A),(b)(1); 10-1-785(d),(e); 10-1-786(b)(1); 10-1-787(a),(d), 10-1-790(b),(c); 10-1-792(b), 10-1-793(a), 10-1-795.
Compilation of Rules and Regulations of the State of Georgia › Department 122 - REPEALED › Chapter 122-22 - REPEALED › Rule 122-22-.12 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
									10-1-786, 10-1-790, 10-1-793, 10-1-795, 10-1-797.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › 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. Principal abbreviations used in the Administrative History are as follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control number)
Ch. - Chapter (Abbreviated only at the beginning of the control number)
ER. - Emergency Rule
Rev. - Revised
Chapter 124-1, entitled "Marketing Order for Corn" adopted. Filed March 15, 1996; effective April 4, 1996.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.01 - Product Affected

Current through Rules and Regulations filed through June 27, 2024
Corn produced for grain, including all yellow or white dent corn varieties, and all specialty starch varieties, except sweet or fresh.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.03 - Scope of Operation

Current through Rules and Regulations filed through June 27, 2024
(1) Research.
(2) Promotion.
(3) Education.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.04 - Extent of Operation

Current through Rules and Regulations filed through June 27, 2024
The extent of operation under the statutory authority shall be as determined by the Commission within the limitations of the statutory authority. The Commission shall have the right to determine the activities of the Commission and the expenditure of funds under any one or all of the areas permitted under statutory authority.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.05 - Term of Operation

Current through Rules and Regulations filed through June 27, 2024
The term of operation under this Order shall be for a three year period beginning July 1, 1996 and ending June 30, 1999 unless extended as provided by law.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.06 - Method of Approval

Current through Rules and Regulations filed through June 27, 2024
(1) The approval of this Order shall be by referendum of the affected producers as authorized and provided by O.C.G.A. 2-8-23(a)(5).
(2) The approval shall be determined by the Commission at the close of such referendum period as provided by O.C.G.A. 2-8-23(a)(5).
(3) The approval or disapproval of the affected producers shall be on an individual basis.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.07 - Time for Approval

Current through Rules and Regulations filed through June 27, 2024
In the event the Commission, after a public hearing, determines that a referendum shall be held, a thirty (30) day period shall be set during which time ballots shall be received. The Commission has the authority to declare this Order approved upon the results of tabulation revealing the requisite number of favorable ballots from producers who produce the requisite percentage.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.08 - Affected Producers

Current through Rules and Regulations filed through June 27, 2024
This Order shall apply to all producers who produce corn for grain that will be commercially sold within and without the State. Commercial sale shall mean the sale of corn for any use to any commercial buyer, dealer, processor, cooperative, integrated livestock, dairy, poultry feeding operations, or to any person, public or private, who sells any corn or product produced from corn.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.09 - Method of Finance

Current through Rules and Regulations filed through June 27, 2024
Projects, undertakings and expenses incurred under this Order shall be financed by an assessment and levy of not more than one cent (1¢) per bushel on all corn produced for grain by producers in this state and commercially sold. The assessment and levy shall be against the producer of corn. Upon the approval of the requisite number of affected producers and effective July 1, 1996, an annual levy and assessment of one cent (1¢) per bushel on all corn that will be commercially sold for grain is hereby made. Such levy and assessment shall continue of force and effect until this order is suspended or superseded as provided by law and during the time this Order remains of force and effect.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.10 - Method of Collection

Current through Rules and Regulations filed through June 27, 2024
(1) The levy and assessment provided by this Order shall be collected from producers. As an aid in such collection, handlers, sales agents, packers and processors shall deduct the amount of such levy and assessment from each payment made to the producer and they shall remit the same to the Commissioner of Agriculture for the account of the producer.
(2) The Commissioner is authorized in the collection of funds to adopt and utilize a reporting and auditing method of collecting the levy and assessment provided herein.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.11 - Administration and Enforcement

Current through Rules and Regulations filed through June 27, 2024
The Commissioner of Agriculture shall administer and enforce the provisions of this Order, particularly as to the collection of levies and assessments.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.12 - Expenditure of Funds

Current through Rules and Regulations filed through June 27, 2024
The Commission is hereby authorized to expend funds of the Commission as it deems necessary to defray the costs and expenses incurred under this Order. The Commission is further authorized to expend funds to defray the actual costs and expenses of the Commission, including employees, special committees, advisory boards and individuals to aid, advise and assist the Commission in the performance of its duties.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.13 - Contracts

Current through Rules and Regulations filed through June 27, 2024
The Commission may enter into contracts as it deems necessary and advisable in the performance of its duties under the provisions of this Order for the performance of duties and services, as the commission shall deem necessary and proper.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 124 - AGRICULTURAL COMMODITY COMMISSION FOR CORN › Chapter 124-1 - MARKETING ORDER FOR CORN › Rule 124-1-.14 - Records

Current through Rules and Regulations filed through June 27, 2024
It shall be the duty and responsibility of each affected person to keep adequate records that show the true amount of corn produced, sold, or purchased by him, and to make such records available for inspection and audit by the Commissioner.
O.C.G.A. Sec. 2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.01 - State Board of Corrections

Current through Rules and Regulations filed through June 27, 2024
The Board of Corrections consists of one member from each congressional district and five members at large appointed by the Governor with the consent of the Senate. Annually, the Board shall elect one of its members as chairperson and one of its members as vice-chairperson. One member shall be elected as Secretary of the Board and shall keep records and minutes of business and official acts of the Board.
Ga. Constitution 1982, Art. XI, Sec. 1, O.C.G.A. Secs. 42-2-4, 42-2-9, 42-2-11, 42-8-23.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.02 - Authority

Current through Rules and Regulations filed through June 27, 2024
The Board of Corrections, which is charged with the responsibility for establishing the general policy to be followed by the Department of Corrections, shall appoint the Commissioner of the Department of Corrections. The Board is authorized to promulgate, adopt and establish rules and regulations for the administration of the Department of Corrections and County penal institutions which are placed under Board control.
Ga. Constitution 1982, Art. XI, Sec. 1, O.C.G.A. Secs. 42-2-4, 42-2-11.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.03 - Commissioner of the Department of Corrections

Current through Rules and Regulations filed through June 27, 2024
The Board of Corrections shall appoint a Commissioner to serve as the chief administrative officer of the Department of Corrections. The Commissioner shall hold office at the pleasure of the Board. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the administrative function of the Department of Corrections.
(a) The Commissioner may create Special Rehabilitative Programs for offenders at any State Correctional Institution/Facility and establish procedures for the same.
Ga. Constitution 1982, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170 (O.C.G.A. 42-2-11); Ga. L. 1958, pp. 413, 414; 1962, p. 689; 1966, pp. 121, 122 (O.C.G.A. 42-2-6); Ga. L. 1956, pp. 161, 170; 1969, p. 598 (O.C.G.A. 42-2-11); Ga. L. 1978, p. 1649 (O.C.G.A. 42-2-6).
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.04 - Georgia Correctional Industries Administration

Current through Rules and Regulations filed through June 27, 2024
(1) The Georgia Correctional Industries Administration is a public corporation having perpetual existence and empowered to undertake corporate functions.
(2) The State Board of Corrections shall constitute, ex officio, the Georgia Correctional Industries Administration for the purposes of this Act. The State Board of Corrections, constituted as the Georgia Correctional Industries Administration, shall have power to perfect its own organization and to adopt such rules and by-laws as may be necessary for it to carry out its duties under this Act. The Commissioner of the Department of Corrections shall serve as the executive officer of the Georgia Correctional Industries Administration.
(3) The Administration is authorized to borrow capital funds, create or modify industrial facilities and equipment, manufacture and sell within limitations, such services, goods, wares, or merchandise as may be produced wholly, or in part, by Correctional Industries, and to provide training for inmates engaged in the industrial process.
Ga. Constitution 1982, Act. XI, Sec. I, Par. (b); Ga. L. 1960, p. 880 (O.C.G.A. 42-10-2); Ga. L. 1980, p. 731 (O.C.G.A. 42-10-3); Ga. L. 1958, p. 1011; 1973, p. 1300; 1975, p. 1163 (O.C.G.A. 42-10-4); Ga. L. 1975, p. 488 (O.C.G.A. 42-5-60); Ga. L. 1978, pp. 1647, 1648 (O.C.G.A. 42-2-11).
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Constitution 1982, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171 (O.C.G.A. 42-2-11); Ga. L. 1972, pp. 592, 598 (O.C.G.A. 42-7-2, 42-7-5); Ga. L. 1973, pp. 581, 582 (O.C.G.A. 42-7-15); Ga. L. 1975, p. 900 (O.C.G.A. 42-7-4); Ga. L. 1978, p. 922 (O.C.G.A. 42-7-3).
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.06 - State Board of Corrections Meetings

Current through Rules and Regulations filed through June 27, 2024
The State Board of Corrections meets monthly on the first Thursday at ten o'clock in the morning. Meetings are held at the office of the Commissioner of the Department of Corrections, unless, in the discretion of the majority of the Board, it is necessary or convenient to meet elsewhere. Special meetings may be held if deemed necessary. The Board may hold executive sessions whenever, in its discretion, it is deemed advisable. Board meetings, except executive sessions, are open to the public. A majority of the Board shall constitute a quorum for the transaction of business.
Ga. Constitution 1982, Art. XI, Sec. 1, O.C.G.A. Secs. 42-2-11, 42-5-55.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.07 - Adoption of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner of the Department of Corrections shall formulate and submit to the Board of Corrections those reasonable rules and regulations or changes thereto which are required to govern the Corrections System.
(2) Board approval shall be required prior to processing of new or revised rules for publication and implementation.
(3) Actions undertaken in the preparation of rules for publication including notices of intended action, provision of an opportunity for interested parties to present data, formatting, and other requirements shall be as prescribed by the Georgia Administrative Procedure Act.
Ga. Constitution 1982, Art. XI, Sec. 1, O.C.G.A. Secs. 42-2-11, 50-13.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.08 - County Correctional Institutions

Current through Rules and Regulations filed through June 27, 2024
(1) The Board of Corrections exercises authority over county correctional institutions in the following operational areas:
(a) Approval of architectural plans pursuant to O.C.G.A. 42-5-10 to insure that construction meets the criteria outlined in Rule  125-2-2-.01.
(b) Approval of wardens and deputy wardens who must meet minimum qualifications as set forth in O.C.G.A. 42-5-30 and defined by the Board.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-1 - ORGANIZATION › Rule 125-1-1-.09 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) The records of the Board of Corrections and the Department of Corrections are maintained by the Commissioner of the Department of Corrections at his office in Atlanta.
(2) The request should include the Requestor's name, mailing address, contact telephone number, and list of records requested. The Department of Corrections will provide a response within a reasonable amount of time, not to exceed three (3) business days of receipt. Reasonable fees, as allowed by the Open Records Act, may be charged for fulfillment of the request.
(3)
(a) All institutional inmate files and central office inmate files of the Department of Corrections are classified as confidential state secrets and privileged under law, unless declassified in writing by the Commissioner. These records are subject to subpoena by a court of competent jurisdiction of this state.
(b) Offenders' medical and mental health records are subject to the provisions of HIPAA.
(c) Investigative files and intelligence information compiled by the Office of Professional Standards are classified as confidential state secrets and privileged under law, unless declassified in writing by the Commissioner.
(d) Access to all other records maintained by the Department of Corrections shall be subject to the limitations imposed by state and/or federal law.
Compilation of Rules and Regulations of the State of Georgia › Department 125 - BOARD OF CORRECTIONS › Chapter 125-1 - ADMINISTRATION › Subject 125-1-2 - ADMINISTRATION › Rule 125-1-2-.01 - General

Current through Rules and Regulations filed through June 27, 2024
The Department of Corrections shall administer the supervision of probationers (O.C.G.A. 48-8-72), the State's Correctional Institutions, the Department's rehabilitative program, (O.C.G.A. 42-5-57), and the Youthful Offender Division (O.C.G.A 42-7-3).
(a) Board policy and rules shall be promulgated and, upon approval by the Board, distributed to all affected elements.
(b) Departmental procedures shall be developed and disseminated for the guidance of those concerned with the implementation of Board policy and rules.
1. The Commissioner or his designee may designate certain Standard Operating Procedures and Facility Local Policy as sealed and not subject to disclosure to the public pursuant to O.C.G.A. 50-18-70. A record may be sealed when the Commissioner or his designee determines that, in balancing the interest of the public, disclosure would endanger the life or physical safety of any person or persons. When such record is sealed no employee of the Department may release to any member of the public, including inmate, the contents of the sealed record except as the Commissioner or his designee may authorize.