reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-3 - SCHOOL EQUIPMENT-CURRICULUM › Rule 70-3-.01 - Barber School Equipment

Current through Rules and Regulations filed through June 27, 2024
(1) Each school desiring to teach barbering must provide the following minimum equipment:
(a) SCHOOL SIGNS: front entrance sign must clearly indicate type of school; exit sign;
(b) metal filing cabinets for school and student records;
(c) sufficient chalkboards;
(d) one (1) wet sterilizer for each work station;
(e) one (1) shampoo basin per work station;
(f) each kit must contain a fumigant;
(g) a minimum of seven (7) hair dryers for enrollment up to sixteen (16) students and one (1) additional dryer for each additional five (5) students;
(h) work stations with mirrors for each individual student;
(i) sufficient covered waste containers for soiled or disposable towels;
(j) labeled hazardous waste container for blood contaminated disposable utensils;
(k) sixteen (16) mannequins, one (1) for each additional five (5) students;
(l) one (1) dry sterilizer per four (4) stations;
(m) closed towel cabinets to adequately store clean linens;
(n) separate labeled closed towel container for bloody towels that shall be washed separately with no less than one half (1/2) cup bleach along with detergent per load;
(o) locker space for personal items must be furnished to each student;
(p) STUDENT SIGN: sign must be displayed reading "SERVICE BY STUDENTS ONLY";
(q) a sign prohibiting pets (except for guide and assistance dogs as permitted by Title 30 of the Georgia Code);
(r) school minimum floor space: 2,000 square feet;
(s) audio visual aids;
(t) ten towels per student; and
(u) first aid kit.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-3 - SCHOOL EQUIPMENT-CURRICULUM › Rule 70-3-.02 - Barber School Curriculum

Current through Rules and Regulations filed through June 27, 2024
The curriculum for students in a school of barbering for a complete course of at least nine (9) months, fifteen hundred (1500) hours for training shall be as follows:
(a) Each school or licensed instructor shall require each student to obtain 280 total hours of theory training in the following curriculum before the student is allowed to render clinical services.
1.
Classroom Theory - 50 hours:
Shall include instruction by a licensed instructor in the following subjects related to barbering:
(i) chemistry (the basics of physical and chemical changes);
(ii) sanitation and sterilization;
(iii) hygiene and good grooming;
(iv) laws and rules.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-3 - SCHOOL EQUIPMENT-CURRICULUM › Rule 70-3-.03 - Barber Instructor Training Curriculum

Current through Rules and Regulations filed through June 27, 2024
(1) Persons receiving instructor training in a barber school must spend all of their training time under the direct supervision of a licensed instructor and shall not be left in charge of students or school at any time without the direct supervision of a licensed instructor.
(2) Persons receiving instructor training are not permitted to perform clinical services on a patron for compensation, either by appointment or otherwise.
(3) Persons receiving instructor training shall be furnished a teacher training manual.
(4) The curriculum in a school of barbering for an instructor training course must include at least six months and 750 hours of training as follows:
(a) General Education 200 hours (Vocabulary Development):
1. Class instruction by a licensed instructor in the theory and all required subjects of barbering and hairstyling;
2. Georgia State Board of Barbers laws and rules and record keeping;
3. School Management;
4. Principals of Barbering and Hairstyling;
5. Human Relations/Motivation.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-3 - SCHOOL EQUIPMENT-CURRICULUM › Rule 70-3-.04 - Curriculum Requirements for Master Cosmetologist to Become a Barber

Current through Rules and Regulations filed through June 27, 2024
In order to be licensed as a master barber, a person licensed as a master cosmetologist must meet all the requirements of O.C.G.A. §
								43-10-9(h). Before taking the examination, a master cosmetologist must submit proof of successfully completing at least two months and 300 credit hours of training in a board approved barber school in the following subjects:
(a) Theory - 50 hours;
(b) Hairstyling techniques and clipper cutting - 115 hours = 230 applications;
(c) Shaving and trimming beards - 50 hours = 30 hours shaving=60 applications/20 trims = 60 applications;
(d) Facials - 10 hours = 20 applications;
(e) Additional Instructions - 75 hours.
TOTAL HOURS: 300
O.C.G.A. Secs. 43-7-9, 43-7-11, 43-7-11.2, 43-7-13.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.01 - Facilities

Current through Rules and Regulations filed through June 27, 2024
(1) All facilities (shops or schools) wherein barbering is practiced or taught within the State of Georgia must provide suitable facilities equipped to give adequate services
(2) A barber facility shall have a permanent and definite location in which the barber profession is practiced for compensation in accordance with the laws and rules of the Georgia State Board of Barbers. All mobile units, including kiosks, carts, mobile homes, trailers, and motor homes, shall not be licensed as shops unless they meet all requirements of the Board and are permanently anchored on the ground with wheels detached.
(3) All barber facilities are subject to a pre-license inspection by the Board's designee. All barber facilities must comply with all of the requirements of the law and Board rules for licensure.
(4) All barbershops and barber schools are subject to inspection by any Board member or inspector, who shall have the power and right to enter into and make reasonable inspection of any barbershop or barber school during regular business hours; and refusal of or failure to permit or cooperate with such reasonable inspection shall subject an individual and/or a facility holding a certificate of registration issued by the Board to sanctions, including revocation of the certificate of registration.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.02 - Use of Facility for Home Shop

Current through Rules and Regulations filed through June 27, 2024
(1) Separate space must be provided for a barber facility.
(2) Space used for a barber facility shall comply with the following:
(a) must be separated by airtight adjoining walls and ceiling from residence rooms;
(b) must have a separate restroom connected to a municipal sewage system or properly designed and constructed individual sewage system approved by the city, county, or state health department;
(c) must have at least one shampoo bowl; and
(d) must have a separate outside entrance.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.03 - Facilities (Shops)

Current through Rules and Regulations filed through June 27, 2024
Space used for a Barber facility must be separated by airtight adjoining walls and ceiling from other commercial establishments.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.04 - Cleanliness

Current through Rules and Regulations filed through June 27, 2024
Walls, ceilings, floors, furniture and equipment must be kept free from excessive dust, dirt and debris. All equipment must be kept in good, safe working condition.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.05 - Plumbing, Hot and Cold Water

Current through Rules and Regulations filed through June 27, 2024
(1) Each facility must have proper toilet and plumbing facilities connected to a municipal sewage system or properly designed and constructed individual sewage system approved by the city, county, or state health department and an adequate supply of hot and cold running water in accordance with recognized health standards.
(2) Shops licensed after the adoption date of this rule must have a sink separate from the restroom sink in which to clean implements and perform other barbering services.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.06 - Apprentices

Current through Rules and Regulations filed through June 27, 2024
(1) A master barber shall not train more than one apprentice at any one time.
(2) A barber shop shall not have more than three apprentices in training at any one time.
(3) A licensed master cosmetologist, hair designer, nail technician, or esthetician shall not train a barber apprentice in a barber shop.
(4) A barber apprentice shall only practice under the direct supervision of the master barber he or she is assigned to apprentice under on his or her apprentice license.
Authority O.C.G.A Secs. 43-1-25, 43-7-9, 43-7-12, 43-7-16.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.07 - Employment of Cosmetology in Barber Shops

Current through Rules and Regulations filed through June 27, 2024
A person holding a current Georgia master cosmetologist, hair designer, nail technician, or esthetician license may be employed in a Barber shop without the facility having a cosmetology salon/shop license.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.1.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-4 - DEALING WITH ESTABLISHMENT › Rule 70-4-.08 - Posting of Licenses, Rules, and Inspection Reports

Current through Rules and Regulations filed through June 27, 2024
(1) Each shop shall post in a prominent and public place the current shop license issued to the facility by the Georgia State Board of Barbers or current copy of the online verification of licensure.
(2) Each person employed in a shop shall post in a prominent and public place, the current license/permit issued to them by the Georgia State Board of Barbers or the Georgia State Board of Cosmetology or a copy of the online verification of licensure.
(3) Shops shall have posted at all times in a prominent and public place a copy of the most recent inspection report.
(4) Sanitation/disinfection rules and regulations governing shops in the State of Georgia shall be posted in a prominent and public place in the shop so as to be easily read by customers.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.01 - Shampoo Equipment

Current through Rules and Regulations filed through June 27, 2024
Shampoo bowls must be thoroughly cleansed and sanitized at all times.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.02 - Linens

Current through Rules and Regulations filed through June 27, 2024
Towels, after being used once, must be placed in a closed covered container until properly laundered. Each student and apprentice must be provided with a minimum of ten (10) clean towels per individual. Each licensee must have at least ten (10) towels. Clean towels must be kept in a closed container or closet, except linens which are designated for use on current patrons.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.03 - Sterilization

Current through Rules and Regulations filed through June 27, 2024
The use on any person of any article that is not properly cleansed and sterilized is prohibited. Each barber shop shall have one wet sterilizer per work station and one dry sterilizer per work station. Hands must be properly cleansed and sanitized prior to servicing each patron.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.04 - Waste, Garbage and Trash

Current through Rules and Regulations filed through June 27, 2024
All waste material must be removed daily. Garbage and trash shall be stored in a covered, washable container and shall not be left in the facility overnight. Each facility must be free from stale food and soiled dishes.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.05 - Reserved

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.06 - Storage of Preparations

Current through Rules and Regulations filed through June 27, 2024
Creams, lotions and other cosmetics for use on patrons must be kept in sanitary, closed containers.
O.C.G.A. Sec. 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.07 - Pets

Current through Rules and Regulations filed through June 27, 2024
(1) Pets shall not be allowed in Barber establishments, except for guide and assistance dogs as permitted by Title 30 of the Georgia Code.
(2) Each barber shop shall post in an open area, so as to be easily read by customers, a sign prohibiting pets.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-5 - SANITATION AND HEALTH › Rule 70-5-.08 - Recommended Cleaning and Disinfection of Implements

Current through Rules and Regulations filed through June 27, 2024
(1) Hair should be removed from implements such as, but not limited to, shears of any type, razors, combs, lifts, picks, and brushes.
(2) Implements are to be cleansed thoroughly in hot soapy water. When thoroughly cleansed, implements shall be fully submerged in a Broad Spectrum Hospital Grade disinfectant for fifteen (15) minutes.
(3) Implements shall then be towel blotted and placed in a dry sanitizer until needed or may be used immediately.
(4) Clippers, edgers, trimmers, and guards shall be brushed to remove hair then dipped into a Broad Spectrum Hospital Grade disinfectant; then, place item(s) on a clean towel for fifteen (15) minutes before using on the next patron.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-6 - EXAMINATIONS › Rule 70-6-.01 - Applicants for Master Barber or Barber Instructor's License by Examination

Current through Rules and Regulations filed through June 27, 2024
(1) An applicant for the master barber or barber instructor's examination shall receive notice of eligibility sent by the Board or the Board's designated agent, stating the date, time and place of examination. If the applicant fails the examination or fails to report to the examination upon notice, such person may qualify for examination again by submitting another application and examination fee.
(2) An applicant may be excused from examination in an emergency situation. An emergency situation is defined as illness or death in applicant's family. Only written excuses, with proof of emergency, will be considered. Any applicant receiving a notice of examination, who fails to report to the examination or submit a written excuse to the Board or the Board's designated agent, within 10 days after date of examination, will be required to pay another examination fee before being permitted to take the examination.
O.C.G.A. Secs. 43-7-9, 43-7-11, 43-7-13.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-6 - EXAMINATIONS › Rule 70-6-.03 - Examination and License Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Barber License Fees shall be established by the Board periodically as set forth on a fee schedule. The fee schedule is available from the Board office and at the Board's website. Fees may be reviewed and changed at the discretion of the Board.
(2) The board may designate an agent or agents for the purpose of administering examinations to applicants for licensure in accordance with the authority and powers granted to the board by statute. The designated agent may perform tasks pertaining to the examination of applicants including, but not limited to, receiving applications for examination, scheduling examinations, notifying applicants, and conducting examinations. All such tasks shall be identified in writing and performed only with the written approval of the board.
(3) The board, through its designated agent, will provide reasonable accommodations to a qualified applicant with a disability in accordance with the Americans with Disabilities Act. The request for such an accommodation must be in writing and received by the designated agent of the board by the application deadline accompanied with appropriate documentation as indicated in the Request for Disability Accommodation Guidelines.
(4) The applicant taking the examination shall be required to pass the practical and written examination with a minimum scale score of 70% on each section. Failure to achieve a passing score requires the applicant to retake the section failed.
(5) The examination will be in English. No foreign language translators will be allowed or furnished.
O.C.G.A. Secs. 43-1-2, 43-1-7, 43-7-9, 43-7-18.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-6 - EXAMINATIONS › Rule 70-6-.04 - License Renewal Requirements and Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Biennial fees of renewal of license shall be established by the Board periodically as set forth on a fee schedule. The fee schedule is available from the Board office and at the Board's website. Fees may be reviewed and changed at the discretion of the Board. The Board may assess a late renewal fee that is greater than or in addition to any other renewal fee if a license is renewed within two (2) months following the license expiration date.
(2) Renewal notices are only sent as a courtesy. The responsibility for license renewal, on or before the expiration date, remains with the license holder.
(3) Failure to renew license within two (2) months following expiration of the license shall have the same effect as a revocation of license, which shall require the licensee to apply to the Board for reinstatement, pay a reinstatement fee and meet such other conditions as the Board may deem necessary.
O.C.G.A. Secs. 43-7-9, 43-7-18 to 43-7-20.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-6 - EXAMINATIONS › Rule 70-6-.05 - Fining Schedule

Current through Rules and Regulations filed through June 27, 2024
Any person licensed by the Georgia State Board of Barbers shall be required to pay to the Georgia State Board of Barbers a fine for each of the violations listed under this section.
A citation shall be issued by an inspector or representative of the board for the violation of the rules and regulations, and shall be given to the licensee to pay within 30 days of the issuance of the citation unless the licensee requests in writing a hearing before the board. Such request for a hearing must be received by the board within 30 days after receipt of the citation. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing to determine whether other disciplinary or revocation action should be imposed on the licensee. Repeated violations of the rules and regulations shall result in the suspension or revoking of the certificate of registration to practice barbering.
(a) Violations Fines for Barber Shops:
1. Failure to have all persons working currently licensed. O.C.G.A. Sec. 43-7-10. Unlicensed - $250; Expired License - $150
2. Failure to post license at work station.  70-4-.08. $75
3. Failure to have current shop license.  70-2-.08; O.C.G.A. Sec. 43-7-10. $250
4. Failure to keep apprentice reports up to date.  70-2-.07(9)(10). $250
5. Failure of apprentice to be under direct supervision of qualified master licensed holder.
70-2-.07. $250
6. Failure to have sanitary regulations posted.  70-2-.08. $75
7. Failure to post shop license in a conspicuous place.  70-2-.08. $250
8. Failure to post current inspection report in a conspicuous place.  70-4-.08. $50
9. Failure of establishment to be properly equipped to provide services for barbering.
70-4-.01. $50
10. Failure to have shop separated by tight, ceiling high partition from residence rooms.
70-4-.03. $250
11. Failure to have furniture, walls, equipment, tools, appliances and utensils free from dust, dirt and debris.  70-4-.04. $250
12. Failure to have proper toilet and plumbing facilities.  70-4-.05. $250
13. Failure to have hot and cold running water.  70-4-.05. $250
14. Failure to have wet and dry sterilizers for each work station.  70-5-.03. $250
15. Failure to have used or soiled towels in covered containers.  70-5-.02. $250
16. Failure to use clean and sterilized articles on each customer.  70-5-.03. $125
17. Failure to have creams, lotions, other cosmetics for use on patrons in sanitary, closed container.  70-5-.06. $250
18. Failure to have waste and garbage removed daily.  70-5-.04. $150
19. Failure to have sign prohibiting pets (except seeing eye dogs).  70-5-.07. $50
20. Failure of supervising master barber to provide apprentice with textbook and necessary equipment to study the occupation of barbering.  70-2-.07. $250
21. Failure of Supervising Master Barber to submit apprentice hours as mandated by rule  70-2-.07. $250
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-7 - REPEALED (70-7-.01 thru 70-7-.03) › Rule 70-7-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1971, pp. 870, 875; 1973, pp. 1450, 1462; O.C.G.A. Sec. 43-7-9(a).
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-7 - REPEALED (70-7-.01 thru 70-7-.03) › Rule 70-7-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1971, pp. 870, 875; 1973. p. 1462; O.C.G.A. Sec. 43-7-9(a).
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-7 - REPEALED (70-7-.01 thru 70-7-.03) › Rule 70-7-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1971, p. 875; 1973, p. 1462.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.01 - Applications, Registrations and Notifications, Generally

Current through Rules and Regulations filed through June 27, 2024
(1) Proposed activities in Georgia by financial institutions, may require a form application, a letter application, a form registration, or merely a letter notification to the Department. Certain qualifying institutions may be eligible to shorten the form of application, and may benefit from an expedited processing time including shortened or consolidated notice periods. Such criteria for banks are provided at Department of Banking and Finance Rule  80-1-1-.10, and Rule  80-6-1-.03. Criteria for bank holding companies may be found at Rule  80-6-1-.04. Requirements for all banking institutions to conduct certain other activities have been streamlined to coordinate with federal requirements.
(2) Where forms are required, they may be obtained from the Department.
(3) Other Applications. Within these Rules: Chapter 80-2 covers credit union activities; Chapter 80-3 covers money transmitters, Chapter 80-4 covers check cashers; Chapter 80-6 covers holding companies; Chapter 80-7 covers foreign bank organizations; Chapter 80-11 covers mortgage lenders, brokers, and loan originators; Chapter 80-13 covers trust companies; and Chapter 80-14 covers installment lenders.
(4) The Department has made available an Applications Manual and a Statement of Policy with details of the procedures required for most activities of regulated institutions in Georgia. Interested persons should consult the Applications Manual, Department's Statement of Policy, Rules, and applicable law which form the basis for Department decisions. These materials are available electronically. The regulations provide an overview; the Applications Manual and Statement of Policy provide detailed instructions.
(5) Fees are provided in Rule Chapter 80-5.
(6) References in these Rules to "Code Section", "O.C.G.A.", "Title", "Code of Georgia", and "Section" are to the Official Code of Georgia Annotated.
O.C.G.A. §§
											7-1-61, 7-1-602.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.02 - Financial Institution Applications: Financial Institution Charter

Current through Rules and Regulations filed through June 27, 2024
(1) An application form and package for chartering a Georgia state chartered financial institution is necessary. An organizing group should schedule an initial meeting with the Department to discuss chartering issues, at which time an application package will be distributed. An applicant holding company that has established a lawful banking business in Georgia which meets certain criteria may qualify for expedited processing. Rule  80-6-1-.04  and the Applications Manual should be consulted to determine if the applicant meets the necessary criteria.
(2) Specific requirements for documents, meetings with the Department and publication of notices are contained in the Applications Manual and the Statement of Policies of the Department.
(3) Submission and completion of application.
(a) A statement in support of an Application for Approval of a Charter shall be filed with the Department of Banking and Finance. If the Department of Banking and Finance notifies the applicant of deficiencies in the application, the applicant must complete the application within thirty (30) days after receipt of such notification.
(b) An application will not be deemed to have been officially accepted until such time as the required fee has been paid and all portions of the application have been completed to the satisfaction of the Department of Banking and Finance.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.03 - Order of Investigation of Charter by Department

Current through Rules and Regulations filed through June 27, 2024
(1) Applications will not be considered for investigation until accorded official acceptance in compliance with Rule  80-1-1-.02(3)(b), until any appropriate application to the Federal banking agency having jurisdiction has been accepted for filing by the Federal agency, and until any required publication of Notice of Filing is completed.
(2) Investigations of conflicting applications shall be conducted by the Department of Banking and Finance in order of receipt and official acceptance of the applications, in accordance with the above, as determined by the date of acceptance recorded by the Department of Banking and Finance or the date of receipt by the appropriate Federal agency, whichever is later.
Ga. L. 1974, p. 733.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.05 - Public Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) Hearings described in this Rule are held for the purpose of giving the public an opportunity to voice protest of charter applications as well as merger and acquisition applications pursuant to Rule  80-6-1-.05  and are not intended to conform to hearings under the Georgia Administrative Procedure Act. Such hearing shall be a forum for the presentation of information which the Commissioner shall consider in ruling on an application.
(2) Hearings under this Rule shall be conducted in accordance with the following procedure:
(a) The presiding officer, who shall be appointed by the department in its sole discretion, will open the hearing with an explanation of the hearing procedure, identification of the parties, and statement of the application at issue.
(b) The applicant shall present a brief opening summary of the contents and purpose of the application.
(c) Following the applicant's statement, each person contesting the application shall present his or her data and material, oral or documentary. The contestants may agree, with the approval of the presiding officer, to have one of their number make their presentation.
(d) Following each contestant's presentation, the applicant shall have an opportunity to rebut, clarify or expand upon any information presented by the contestant with oral or documentary material.
(e) The applicant and contestants shall present their information in concise fashion and the presiding officer shall have the authority to limit such presentations if they are repetitive, inappropriate, or irrelevant.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.06 - Application or Notice Requirements for Additional Banking Locations

Current through Rules and Regulations filed through June 27, 2024
(1) Definitions of terms used in this regulation are provided in O.C.G.A. §
									7-1-600.
(2) Establishment of a branch office:
(a) New or additional branch offices may be established with the prior approval of the Department by regular application or by expedited application for certain qualified banks as provided below. The manner and criteria for establishment of branch offices is provided for in O.C.G.A. §
										7-1-602.
(b) The rules for processing regular applications for branch offices are the same as those for bank charters, contained in Department of Banking and Finance Rule numbers  80-1-1-.02  and  80-1-1-.03, with the exception of  80-1-1-.03(1). In lieu of official acceptance, the Department will notify applicants for branch offices of the date of receipt of the application.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.07 - Expansion or Extension of Banking Location

Current through Rules and Regulations filed through June 27, 2024
(1) No notification is necessary for an extension that is an ATM, cash dispensing machine, night depository or point of sale terminal.
(2) If any other extension is located within the boundary lines of a single contiguous area of property owned or leased by the bank and used as a banking location or if it is within 200 yards of such banking location, then the bank must provide written notice to the Department of such extension. Such notification shall be in letter form and shall specify:
(a) Exact location of proposed extension;
(b) The nature of service that will be provided at the extension;
(c) Distance of extension from bank;
(d) Ownership of the location; and
(e) Cost of establishing the extension, and if site is to be leased, a copy of the proposed lease agreement.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.08 - Procedures for Other Transactions, Applications and Notices

Current through Rules and Regulations filed through June 27, 2024
(1) Conversion to state-chartered bank. A meeting with the Department should precede filing a letter form application, which application should include all of the information requested in the Applications Manual.
(2) Reserved.
(3) Mergers. The procedure for approval of a merger involves the filing of a letter application to the Department and, if a state bank is the surviving financial institution, the publication of Articles of Merger.
(4) Change in Control:
(a) A letter form notification to the Department is required, together with a copy of any federal filing.
(b) The board of directors of the financial institution subject to a change in control shall be notified of the filing of the notice with the Department unless the individuals involved request that such notice be withheld and, in the opinion of the Department, they give a valid reason for withholding such notice.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.09 - Standards for Consideration of Applications Generally; Applications Manual and Statement of Policies

Current through Rules and Regulations filed through June 27, 2024
(1) Standards for consideration of applications whether covered under this Rule Chapter or otherwise, shall in most cases include: evaluations of financial history and condition of the applicant; adequacy of applicant capital; future earnings prospects for applicant; character, capacity and ability of applicant management; consistency of corporate powers; and effects on competition. Department policies in regard to such evaluations are discussed in greater detail in the Department's Statement of Policies ("Policies"), Applications Manual ("Manual"), and in instructions accompanying applications. The Manual and Policies can be obtained from the Department.
(2) If the Department of Banking and Finance notifies the applicant of deficiencies in the application, the applicant must complete the application by curing the deficiencies within thirty (30) days after receipt of such notification.
(3) An application will not be deemed to have been filed and received until such time as the required application fee, and any other unpaid fee or fine owed to the Department, has been paid and all portions of the application have been completed to the satisfaction of the Department of Banking and Finance.
(4) Decisions on applications may be conditioned and may be nullified should the Department determine that circumstances are substantially different from those upon which the decision was based.
O.C.G.A. §
											7-1-61.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.10 - Qualifying Criteria for Expedited Processing for Applications by a Financial Institution Other than Charter

Current through Rules and Regulations filed through June 27, 2024
(1) The following criteria, when met and certified to by an applicant financial institution, shall, where permitted, qualify the financial institution to utilize a shorter application and/or an expedited process for approval:
(a) The depository institution must be well capitalized as defined in the appropriate capital regulation and guidance of the institution's primary federal regulator;
(b) The depository institution must have received a CAMELS composite rating of "1" or "2" as a result of the most recent state or federal examination;
(c) The depository institution must have a satisfactory or better Community Reinvestment Act rating from its primary federal regulator at its most recent examination, if the financial institution is subject to the Community Reinvestment Act; and
(d) The depository institution must not be subject to any agreements, orders, prompt corrective action directives or other enforcement or administrative agreements with the Department or its primary federal regulator or other chartering authority.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.11 - Acquisition of Voting Control of Large Financial Institutions

Current through Rules and Regulations filed through June 27, 2024
(1) Notice and approval to acquire voting control of a large state chartered financial institution. No person shall (a) acquire voting control of any large financial institution or (b) initiate or actively propose in opposition to the board of directors of the large financial institution any corporate action by a large financial institution, in each case without the prior approval of the Department, pursuant to the notice and approval procedures set forth in Part 10 of Title 7. The person shall provide a certification to the Department, along with a copy of the actual notification to the affected large financial institution, that it has filed an application with the Department under this Section. No application for acquisition of voting control of a large financial institution shall be considered complete until such certification and copy of the required notification are filed and accepted by the Department.
(2) Exceptions.
(a) Any person who acquires voting control of a large financial institution solely for the purpose of investment shall not be subject to the requirement set forth in subsection (1)(a) of this Rule  80-1-1-.11.
(b) Any person who acquired voting control of a large financial institution prior to November 19, 2007, shall not be subject to the requirement set forth in subsection (1)(a) of this Rule  80-1-1-.11, although subsection (1)(a) shall apply to any subsequent acquisition of voting securities of such large financial institution by such person.
(c) Any person who is (i) registered as an "investment company" under the Investment Company Act of 1940 and (ii) eligible to report its holdings on a Schedule 13G under Rule 13d-1(c) promulgated under the Securities Exchange Act of 1934 shall not be subject to the requirement set forth in subsection (1) of this Rule  80-1-1-.11.
(d) Any person who has voting control of less than one percent of a large financial institution shall not be subject to the requirement set forth in subsection (1)(b) of this Rule  80-1-1-.11.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.12 - Notification of Intent to Utilize a Federal Power

Current through Rules and Regulations filed through June 27, 2024
(1) In order to invoke O.C.G.A. §
									7-1-296, a bank must provide the Department with notice if it intends to utilize a federal power or avail itself of any federal preclusion or preemption of any provision of law, rule or regulation of this State. Such notice shall contain the following information:
(a) A detailed description of the proposed activity to be undertaken by the bank;
(b) A citation to the specific federal authorization of such proposed activity;
(c) A description of any federal requirements, limitations, and/or restrictions imposed on the proposed activity;
(d) Documentation establishing that the bank satisfies all the federal requirements, limitations, and restrictions to engage in the activity;
(e) To the extent the activity relates to a new product or service to be offered by the bank, an analysis of how the proposed activity fits within the bank's business plan;
(f) An analysis of the projected financial impact of the proposed activity; and
(g) Such other information as may be required by the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-1 - APPLICATIONS, REGISTRATIONS AND NOTIFICATIONS › Rule 80-1-1-.13 - Savings Promotion Raffle

Current through Rules and Regulations filed through June 27, 2024
At least thirty (30) days prior to conducting a savings promotion raffle under O.C.G.A. §
									7-1-239.10, a bank must provide the Department with written notice detailing the proposed savings promotion raffle. Such notice shall, at a minimum, contain the following information:
(a) A detailed description of the terms of the proposed savings promotion raffle including, but not limited to, the type of account that will be utilized to offer the savings promotion raffle, the interest rate to be paid on the account, the fees associated with the account, the fees associated with the most substantially similar account to the savings promotion raffle account offered by the bank, the amount required to be deposited in the account for a customer to be entered in the raffle and any limitations on the number of entries per customer, the frequency of drawings, and available prizes;
(b) Bank's policies and procedures related to the proposed savings promotion raffle;
(c) Sample of all disclosures provided to customers opening a savings promotion raffle account in accordance with O.C.G.A. §
									7-1-239.10(c)(1);
(d) Identity and contact information of all third-party service providers, if any, who are contracted to manage or provide administrative support related to conducting the proposed savings promotion raffle; and
(e) If the savings promotion raffle is conducted in whole or in part by a third-party service provider, a document from the third-party service provider identifying the number and location of all other financial institutions whose customers and members are eligible to participate in the savings promotion raffle.
(2) A bank's directors, officers, employees, and the members of such persons' immediate family, as defined by O.C.G.A. §
									20-2-58.1, are prohibited from participating in a savings promotion raffle conducted by that bank. A bank's directors and officers are prohibited from participating in a savings promotion raffle at any financial institution if the savings promotion raffle is administered by the same third-party service provider that administers the savings promotion raffle at the bank.
O.C.G.A. §§
											7-1-61; 7-1-239.10.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-2 - AGENCY RELATIONSHIPS OF FINANCIAL INSTITUTIONS; BANK SERVICE CONTRACTS › Rule 80-1-2-.01 - General Provisions and Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) A state bank may contract with another financial institution or a third party service provider to provide certain services in a principal-agent relationship, provided both parties comply with the applicable rules and regulations of the Department.
(2) Agency relationships shall comport with safety and soundness principles to protect the financial integrity of the bank and the accounts of its customers.
(3) Definitions:
(a) "Bank Service Contract" shall mean a contract executed by a bank and a third party, to provide financial services, whether direct or indirect, to the bank.
(b) "Third party service provider" shall mean any provider of financial services to a bank as authorized by O.C.G.A. §
										7-1-72.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-2 - AGENCY RELATIONSHIPS OF FINANCIAL INSTITUTIONS; BANK SERVICE CONTRACTS › Rule 80-1-2-.02

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											7-1-61.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-2 - AGENCY RELATIONSHIPS OF FINANCIAL INSTITUTIONS; BANK SERVICE CONTRACTS › Rule 80-1-2-.03

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											7-1-61
.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-2 - AGENCY RELATIONSHIPS OF FINANCIAL INSTITUTIONS; BANK SERVICE CONTRACTS › Rule 80-1-2-.04

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											7-1-61.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-1 - BANKS › Subject 80-1-2 - AGENCY RELATIONSHIPS OF FINANCIAL INSTITUTIONS; BANK SERVICE CONTRACTS › Rule 80-1-2-.05 - Bank Service Contracts: Requirements of Third Party Service Providers

Current through Rules and Regulations filed through June 27, 2024
(1) Each third party service provider that enters into a bank service contract with a state-chartered bank shall be subject to examination and regulation by the department as if the entity were a state financial institution, as authorized by O.C.G.A. §
									7-1-72.
(2) In the event that a third party service provider has been examined by a federal agency that is a member of the Federal Financial Institutions Examination Council ("FFIEC"), or any successor entity, in the previous twenty-four (24) months and the department is provided a copy of the examination, the department shall accept the results of such examination in lieu of conducting its own examination. However, nothing contained herein, shall be construed as limiting or otherwise restricting the department from participating in such examination.
O.C.G.A. §
											7-1-61.