reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Bingo Game" means only a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specific number or order of numbered squares. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player's card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination. Such words, terms or phrases, as used in this subsection, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity.
(2) "Director" means the Director of the Georgia Bureau of Investigation.
(3) "Operate," "operated," or "operating" means the direction, supervision, management, operation, control, or guidance of activity.
(4) "Bingo session" means a time period during which bingo games are played.
(5) "Lease" and "rental" means the leasing or renting of equipment or premises used to conduct bingo and the possession or use thereof by the lessee or rentee for a consideration, without transfer of the title of such equipment.
(6) "Equipment" means any and all equipment used to facilitate the operation of a bingo game. It includes, but is not limited to, tables, chairs, counters, bars, floors, cards, markers, and public address systems used at any time in the operation of a bingo game regardless that the equipment may also be used for other purposes.
(7) "Bingo Proceeds" and "receipts from any bingo operation" means the total receipts from the operation of any bingo game or games by any licensee.
(8) "Recreational bingo session" means, in addition to any other qualification or requirement imposed by statute or regulation, a bingo session operated by any person or entity at no charge to participants in which the prizes for each bingo game during the bingo session shall be noncash prizes and the total of such prizes for each such game shall not exceed $15.00 as established pursuant to regulations established by the director. No such
noncash
prize awarded in recreational bingo shall be exchanged or redeemed for money; or for any other prize with a value in excess of the amount established pursuant to regulations established by the director.
(9) "Electronic Bingo Card Dauber" means an electronic device or apparatus used by a bingo player to monitor bingo cards purchased at the time and place of a licensed organization's bingo session, and which:
(a) Provides a means for numbers announced by a bingo caller to be input to a bingo players cards;
(b) Compares the numbers input to the numbers contained on bingo cards previously stored in the electronic data base of the device;
(c) Identifies winning bingo patterns; and
(d) Signals only the bingo player when a winner bingo pattern is achieved.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.03 - Operation of Bingo Games; License Required

Current through Rules and Regulations filed through June 27, 2024
Any bingo session at which cash prizes are awarded shall be conducted only by nonprofit tax exempt organizations which are properly licensed by the Director. Nonprofit tax exempt organizations who operate recreational bingo games at no charge to participants in which the participants are senior citizens attending a function at a facility of the tax exempt licensed organization or are residents of nursing homes, retirement homes, or hospitals and in which the prizes for each bingo game during the bingo session shall be nominal cash prizes not to exceed $5.00 for any single prize and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the director.
Ga. L. 1977, pp. 1164, 1168, as amended (Ga. Code Ann., Chapter 91A-63A); Ga. L. 1980, Act 884, effective March 20, 1980; O.C.G.A. Sec. 16-12-51
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.05 - License Expirations; Renewals

Current through Rules and Regulations filed through June 27, 2024
All bingo licenses are annual, and licenses issued during the calendar year expire at midnight on the December 31st following the date of issuance of the license. Renewal applications for each calendar year shall be filed with the Director no later than sixty (60) days prior to January 1st of each year and shall be on forms provided and prescribed by the Director.
Ga. L. 1977, pp. 1164, 1168, as amended (Ga. Code Ann., Chapter 91A-63A); Ga. L. 1980, Act 884, effective March 20, 1980.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.06 - Rental Agreements Concerning Premises

Current through Rules and Regulations filed through June 27, 2024
(1) The total cost of leasing the premises used by a nonprofit tax exempt organization in its bingo operation shall not exceed the fair market rental value of such premises and may not be based on gross receipts, gross proceeds, or any other scale or percentage that is related to or dependent upon the amount of revenue created by the bingo operation. No salaries, fees or payments of any type shall be made to any person or entity based upon a scale or percentage that is related to or dependent upon receipts from a bingo operation.
(2) The diversion of bingo proceeds from the nonprofit organization operating bingo games, except in the manner expressly authorized by the Act and under these regulations, is contrary to the legislative intent of the Act and contrary to the public welfare and constitutes a violation of these rules.
(3) No licensee may make any payments, give any compensation or divert any proceeds from receipts from any bingo operation to any person or entity, other than to the licensed nonprofit organization itself in furtherance of the legitimate nonprofit aims of the organization, except in exchange for goods or services actually provided or rendered and then only in an amount equal to the fair market value of the goods or services.
(4) No organizational member, agent, representative or profit making organization shall derive any financial benefit from any bingo operation licensed under the Act and these regulations with the exceptions of the salaries and fees expressly authorized by these regulations and the Act and then only a reasonable profit shall be derived. No employee/operator or an agent acting on the behalf of the employee/operator may participate in the playing of bingo, during a session in which the employee/operator has assisted the organization in the operation of its bingo game.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.07 - Changes Affecting the Status of a Bingo Licensee

Current through Rules and Regulations filed through June 27, 2024
Any change involving or affecting the nonprofit tax exempt organization or the bingo operation, including but not limited to, the election or resignation of directors/officers, change of address, dates and times of bingo games, which causes the information provided by the applicant in the license or renewal application or during the license investigation to be incorrect or incomplete, must be reported to the Bureau within 15 days of the change.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.08 - Equipment for Bingo Operations

Current through Rules and Regulations filed through June 27, 2024
(1) The bingo licensee is required to own or lease all equipment used to conduct the bingo games.
(2) Ownership means that legal title and possession of the equipment shall be in the name of the licensee on the date it first begins operating under the State license; and financing arrangements which in any way tie purchase payments or rental fees for equipment or supplies to receipts from the bingo operation are prohibited. Copies of all contracts involving equipment used to conduct bingo games shall be provided to the Director.
O.C.G.A, Secs. 16-12-2, 16-12-60.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.09 - Revocation of Determination Letter

Current through Rules and Regulations filed through June 27, 2024
Any bingo license issued by the Director shall become invalid upon the revocation of the licensee's tax exempt status by either the Internal Revenue Service or the Georgia Department of Revenue.
Ga. L. 1977, pp. 1164, 1168, as amended (Ga. Code Ann., Chapter 91A-63A); Ga. L. 1980, Act 884, effective March 20, 1980.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.10 - Annual Report

Current through Rules and Regulations filed through June 27, 2024
A report must be filed with the Director each year disclosing the gross receipts and all expenses and expenditures associated with the operation of the bingo games. Such report shall be filed with the Director on or before April 15th. The report must be prepared on the form prescribed and provided by the Director. The report must be prepared and authenticated by a Certified Public Accountant.
O.C.G.A. Secs. 16-12-2, 16-12-59.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.11 - Contracts Concerning the Bingo Operations

Current through Rules and Regulations filed through June 27, 2024
Only nonprofit tax exempt organizations properly licensed by the Bureau shall operate bingo games. No contracts are allowed by any licensee or license applicant with any other party which involve the other party's providing a id to the nonprofit tax exempt organization in any way concerning the bingo operations of said nonprofit tax exempt organization.
Ga. L. 1977, pp. 1164, 1168, as amended (Ga. Code Ann., Chapter 91A-63A); Ga. L. 1980, Art 844, effective March 20, 1980.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.12 - Residency Requirements

Current through Rules and Regulations filed through June 27, 2024
No person shall participate, other than by playing bingo, in any manner in, nor assist in any way with regard to the bingo operations of a nonprofit tax exempt organization of which he is a member unless:
(a) he has been domiciled in the State of Georgia for a minimum of six (6) months; or
(b) he has been a member of the organization for at least one (1) year and can produce a certified copy of his criminal history from the state in which he was domiciled.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.14 - Places Where Bingo Operations May be Held

Current through Rules and Regulations filed through June 27, 2024
A nonprofit tax exempt organization may only conduct its bingo operations on premises of the following types:
(a) Premises owned by such nonprofit tax exempt organization.
(b) Premises leased from another nonprofit tax exempt organization, provided such premises are owned by a nonprofit tax exempt organization.
(c) Premises leased from someone other than a nonprofit tax exempt organization or from a nonprofit tax exempt organization where someone other than a nonprofit tax exempt organization owns the premises, when such premises are used and were so used prior to application for the holding of the lessee organization's meetings or for some other major activity of the organization which is conducted on a regular basis and when such premises are not used primarily for bingo operations. "Regular basis" means at least 50% of the total time during which the premises are in actual use.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.15 - Posting of Winners

Current through Rules and Regulations filed through June 27, 2024
After all bingo games involving prizes valuing $50 or more, the names and addresses of all persons winning prizes with a value of $50 or more, the amount of such prizes, and the number of each winning card shall be posted at the place where the bingo sessions are held and shall remain posted for six (6) bingo sessions subsequent to such winning session.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.16 - Who May Operate Bingo Session

Current through Rules and Regulations filed through June 27, 2024
(1) Except in accordance with the provisions of this Rule, no person may participate in or be involved in any way with the operation of an organization's bingo session unless:
(a) He has been a regular, active member of the organization for at least three (3) months. Regular active membership shall be governed by the definition of regular membership contained in the organization's or its parent organization's constitution and by-laws.
(b) If the Director determines that an organization has one or more auxiliaries, the members of any such auxiliary may assist in such organization's bingo operations, even if such auxiliary holds a license under this part, and the members of the main organization may assist in the bingo operations of any such licensed auxiliary.
(c) A member or an auxiliary member of the organization is ineligible to participate in or be involved in any way with the operation of a bingo session, until his personal history and background form, photograph, and fingerprint card has been submitted to and approved by the Director.
(d) Any person participating in the operation of a bingo game must wear a name tag or some other means of identification which identifies the person as an operator of the bingo game and the organization for which he is working.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.17 - Illegal Games

Current through Rules and Regulations filed through June 27, 2024
No organization shall participate in practice which reduces or alters the random chance aspect of the selection of a winner.
(a) No modification shall be made to any bingo equipment used in the bingo games which alters or reduces the random chance to win.
(b) Bingo cards shall be provided by the licensee on a random basis to players. Bingo cards shall not be reserved from session to session.
(c) No cards shall be distributed free of charge to players.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.18 - Advertising

Current through Rules and Regulations filed through June 27, 2024
No licensee shall lend its name or identity to anyone for use, or allow the use of its name in a manner which results in false or misleading promotions, or advertisements of unlawful bingo games, or lend its name or identity for use by any individual, firm, association or corporation for use in the operation or advertising of a bingo game in which the licensee is not directly and solely operating the bingo game. A promotion or advertisement shall be deemed "false," "misleading," or "unlawful" when any activity or portion thereof being advertised or promoted is in violation of the Act or these regulations.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.19 - Age Restrictions

Current through Rules and Regulations filed through June 27, 2024
No person under the age of eighteen (18) years shall be permitted to play any game of bingo conducted pursuant to any license issued under these regulations unless accompanied by an adult. No person under the age of eighteen (18) shall be permitted to conduct or assist in the conducting of any game of bingo conducted pursuant to any license issued under these regulations.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.20 - Payment to Individuals

Current through Rules and Regulations filed through June 27, 2024
No person or organization may receive any money or other consideration for salary, expense money, or any other fees for the operation of or assistance with regard to any bingo game, except that a maximum of $50 per day may be paid to each member of the licensed nonprofit tax exempt organization who assists in the conducting of such games on such day. No person shall receive more than $50 in any one day regardless of the number of games he conducts, assists in conducting, or otherwise participates in.
O.C.G.A, Sec. 16-12-60.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.21 - Total Prize Value Limit

Current through Rules and Regulations filed through June 27, 2024
It shall be unlawful to award prizes in excess of $1,500 in cash or gifts of equivalent value during any calendar day or $3,000 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limit at any combination of locations operated by a single licensee or his agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such a manner as to exceed the limits contained in this Code section. The term "equivalent value" shall mean the fair market value of the gift on the date the gift was given as the prize in a bingo game. Total amounts shall include the cost of all prizes awarded in conjunction with any bingo session whether such prized were awarded in conjunction with playing bingo or for some other reason.
O.C.G.A. Secs. 16-12-2, 16-12-60.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.22 - Operating Time

Current through Rules and Regulations filed through June 27, 2024
No licensee shall conduct more than one (1) bingo session during any one calendar day, and no session shall exceed five (5) hours in length. It shall be a violation of these rules for two or more nonprofit tax exempt organizations which are properly licensed pursuant to OCGA §
								16-12-50
et seq
to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.23 - Location of Records

Current through Rules and Regulations filed through June 27, 2024
(1) A licensee that conducts or operates a bingo session shall maintain the following records for at least three (3) years from the date on which the bingo session is conducted. The records shall be maintained on the standard format prescribed by the Director.
(a) An itemized list of the gross receipts for each session.
(b) An itemized list of all expenses other than prizes that are incurred in the conducting of the bingo session as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses.
(c) A list of all prizes awarded during the bingo session and the name and address of all persons who are winners of prizes of $50 or more in value and the name of all persons who are winners of prizes less than $50 in value.
(d) An itemized list of the recipients other than the licensee of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed.
(e) A record of the number of persons who participate in any bingo session conducted by the licensee.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.24 - Effect of License Revocation/Suspension

Current through Rules and Regulations filed through June 27, 2024
(1) If a licensee has its license revoked, such organization shall not be eligible to reapply for another license for twelve (12) months to be computed from the date the license is surrendered to and received by the Bureau.
(2) If a person is a member of more than two licensed organizations, and if one of the organizations which he has been assisting as a bingo worker has its license revoked, said person may only participate in the bingo operations of one licensed organization until the organization whose license has been revoked is eligible to reapply for a license; provided, however, that the revocation of the license did not result from actions of said person in which case he may not participate in any bingo operation until the organization whose license has been revoked is eligible to reapply for a license.
(3) If a licensee has its license suspended, such organization shall not be eligible to operate a bingo game for one (1) to six (6) months, to be computed from the date the license is surrendered to and received by the Bureau.
(4) If a person is a member of more than two licensed organizations, and if one of the organizations which he has been assisting as a bingo worker has its license suspended, said person may participate in only one other organization's bingo operation until the suspended license has been reinstated; provided, however, that the suspension of the license did not result from actions of said person in which case he may not participate in any bingo operation until the organization whose license has been suspended has been reinstated.
O.C.G.A. Sec. 16-12-2-2; O.C.G.A. Sec. 16-12-60.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.25 - Subterfuge

Current through Rules and Regulations filed through June 27, 2024
Any act which may be construed as a subterfuge to violate; and any effort to circumvent, the Act, or any of these rules and regulations shall be deemed a violation of the provision attempted to be circumvented or avoided.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.26 - Individuals Responsible for Bingo Session

Current through Rules and Regulations filed through June 27, 2024
One of the individuals listed by the organization on the bingo license must be present at all times during the operation of any bingo game.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.27 - Unlawful Activities

Current through Rules and Regulations filed through June 27, 2024
It shall be a violation of the rules for any licensee to permit any person to engage in any illegal activity on the premises for which the license is issued.
O.C.G.A., Title 16, Chapter 12, Article 2, Part 2.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-2 - NONPROFIT BINGO GAMES › Rule 92-2-.28 - Compliance

Current through Rules and Regulations filed through June 27, 2024
A compliance form prescribed and provided by the Director, which identifies persons responsible for bingo operations and requires newly elected officers to review pertinent bingo documents, must be filed each year upon election of new officers and submitted within 15 days of the election.
(a) All new officers will review the necessary bingo documents outlined on the GBI Compliance Form.
(b) All new officers will sign and date the Compliance Form.
(c) The GBI Timeline Form must be posted next to the Bingo License.
Ga. L. 1977, pp. 1164, 1168, as amended (Ga. Code Ann., Chapter 91A-63A); Ga. L. 1980, Act 884, pp.422-426 (Ga. Code Ann., Chapter 92A-36).
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.01 - Application; Information

Current through Rules and Regulations filed through June 27, 2024
(1) This chapter applies to chemical analysis of a person's blood, breath or urine for the purpose of determining whether such person is under the influence of alcohol or drugs where such tests are required or authorized under the laws of this state. It does not apply to analysis of breath, blood or other bodily substances for other purposes, including, but not limited to, those:
(a) Performed in conjunction with a postmortem examination;
(b) Conducted by personnel employed by the Division of Forensic Sciences or by personnel employed by an agency of the United States;
(c) Performed pursuant to a court order;
(d) Performed as a condition of probation, parole or pretrial release;
(e) Performed for the purpose of determining paternity;
(f) For initial breath alcohol screening (except where explicitly addressed);
(g) For the purpose of preliminary testing for alcohol or drugs by law enforcement before submission of samples to a laboratory for confirmatory testing;
(h) For DNA analysis; or
(i) For the purpose of medical diagnosis or treatment.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.02 - Qualifications

Current through Rules and Regulations filed through June 27, 2024
(1) Pursuant to this chapter applicants for a permit to perform chemical analysis of a person's blood for alcohol content and report the results of such analysis as delineated in O.C.G.A. §
								40-6-392 shall meet the following requirements:
(a) Be employed by an entity that is accredited in the area of forensic blood alcohol analysis by a nationally recognized accrediting body;
(b) Have never been convicted of a crime involving moral turpitude;
(c) Have completed a baccalaureate or advanced degree in chemistry, toxicology, medicine, pharmacology, or forensic science, including a minimum of 40 semester hours of chemistry related coursework;
(d) Have completed a documented training program in the area of blood alcohol analysis that includes the following elements:
1. Theory of alcohol pharmacology and pharmacokinetics;
2. Principles and theory of analytical techniques for blood alcohol analysis, e.g., head space gas chromatography and/or enzymatic methods;
3. Analysis of samples with known blood alcohol content using gas chromatography, enzymatic methods, or other generally accepted techniques;
4. Successful completion of proficiency test samples from the National Highway Transportation Safety Administration (NHTSA) and/or proficiency test samples from a test provider approved by the entity's accrediting authority described in 92-3 .02(1)(a).
(e) Be an active participant in an ongoing external proficiency testing program.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.03 - Application, Form of

Current through Rules and Regulations filed through June 27, 2024
(1) Applications for permits to perform chemical analyses of a person's blood or breath pursuant to this Chapter shall be on a form prescribed and approved by the Georgia Bureau of Investigation and shall be submitted to the Division of Forensic Sciences
,
Implied Consent Section.
(2) Each applicant shall provide as a minimum the following data:
(a) the name of the individual seeking the permit;
(b) the email address, telephone number, fax number and mailing address of the individual seeking the permit;
(c) the name and mailing address of the applicant's employer, or if self-employed, the name and mailing address under and by which the applicant transacts business;
(d) place and date of the applicant's birth;
(e) the resident address of the applicant;
(f) responses to all questions or requests for information in the application;
(g) date of the application.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.04 - Permits

Current through Rules and Regulations filed through June 27, 2024
(1) Permits to perform chemical analyses of a person's blood, urine, or breath pursuant to this Chapter will be issued by the Georgia Bureau of Investigation, Division of Forensic Sciences, Implied Consent Section.
(2) The Georgia Bureau of Investigation, Division of Forensic Sciences shall withhold the issuance of a permit where the application reveals information that the applicant has not or cannot qualify pursuant to Rule  92-3-.02.
(3) Separate and distinct permits shall be issued for:
(a) analysis and reporting of blood alcohol levels
(b) testing and reporting breath alcohol levels;
(c) analysis and reporting of drugs in blood and/or urine
(d) analysis of blood alcohol under supervision
(e) analysis of drugs in blood and/or urine under supervision.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.05 - Forms of Permit

Current through Rules and Regulations filed through June 27, 2024
Permits issued by the Division of Forensic Sciences authorizing individuals to perform chemical analyses of a person's blood, urine, or breath pursuant to this Chapter shall be in a form approved by the Division of Forensic Sciences. Permits will indicate the individual approved to perform analysis, an issue and expiration date, and the type of analysis approved to perform, i.e., breath alcohol, blood alcohol, or blood and urine drug testing. In addition the permit will clearly indicate whether testing must be performed under supervision. In the case of breath analysis the type of instrument approved for use will also be indicated.
(a) Form deleted.
(b) Form deleted.
(c) Form deleted.
O.C.G.A. Secs. 6-2-5.1, 27-3-7, 35-3-154, 40-6-392, 52-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.06 - Techniques and Methods

Current through Rules and Regulations filed through June 27, 2024
(1) Reserved
(2) All chemical tests on blood and/or urine not performed by Georgia Bureau of Investigation personnel must be performed on instruments approved by the Director of the Division of Forensic Sciences. Requests for approval of instruments to perform chemical testing of blood and urine along with proposed maintenance guidelines will be submitted to the Director of the Division of Forensic Sciences or his or her designee. Approval of such request is at his or her discretion pursuant to O.C.G.A. §
								40-6-392. Upon approval of any testing instrument for the analysis of blood and/or urine a certificate of approval shall be issued detailing the agency, the date approved, the instrument serial number, and the date of the approval expiration. Such certificate shall be self authenticating and evidence that the instrument was approved by the Division of Forensic Sciences as required by O.C.G.A. §
								40-6-392. Such approval shall not apply when any substantial modification to the instrument's original design has been made such that it no longer has all its parts attached and in working order as prescribed by the manufacturer or when the instrument is not in substantial compliance with the maintenance guidelines submitted. Failure to maintain testing instruments as stated in the guidelines for instrument maintenance may be considered grounds for revocation of the certificate of approval. Factors evaluated in the approval of maintenance guidelines for testing instruments shall include but are not limited to:
(a) Documentation of substantial compliance with the manufacturer's recommendations for maintenance;
(b) Documentation of all maintenance performed including the date, action taken, the individual performing the maintenance, and the results of the maintenance including acceptable performance of known quality control samples following such maintenance;
(c) Documentation that instrument maintenance is performed by individuals sufficiently trained to perform instrument maintenance;
(d) Documentation that the instrument has all its parts attached and in good working order as prescribed by the manufacturer;
(e) Documentation that the instrument is suitable for the purpose for which it is being used;
(f) Documentation of quality control measures to ensure reliable analysis such as positive and negative controls;
(g) Documentation that the instrument exhibits the sensitivity, resolution, and specificity necessary for its intended purpose and is evaluated for suitability prior to use.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.07 - Fees and Billing

Current through Rules and Regulations filed through June 27, 2024
The fee charged for the withdrawal of a person's blood pursuant to O.C.G.A. Section 40-5-55 and 40-6-392 shall not exceed the reasonable and customary charges for such service in the local medical community. All statements for such services shall be submitted to and paid by the jurisdiction (municipal corporation or political subdivision) in which the arrest or accident giving rise to such procedure occurred.
O.C.G.A. Sec. 40-6-392.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-3 - IMPLIED CONSENT › Rule 92-3-.08 - Revocation of Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The violation of any of the rules and regulations of the Georgia Bureau of Investigation promulgated under the provisions of the Uniform Rules of the Road by a permit holder shall constitute ground upon which the Director of the Division of Forensic Sciences may revoke such permit.
(2) If the Director of the Division of Forensic Sciences receives a complaint or has reason to believe that a permit holder is violating any provision of the rules and regulations, he shall notify such permit holder that a hearing will be held at a place and time designated by the Director to determine if the alleged infraction has occurred.
(3) The hearing shall be conducted by the Director of the Division of Forensic Sciences or by someone he shall designate.
(4) Upon revocation of a permit, the Director of the Division of Forensic Sciences or designee shall notify the permit holder, the permit holder's immediate supervisor and the Court(s) of the county or city where the permit holder is employed and in which the results of any tests performed by the permit holder could have been introduced as evidence.
O.C.G.A. Secs. 6-2-5.1, 27-3-7, 35-3-154, 40-6-392, 52-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-4 - INDEPENDENT SCIENTIFIC EXAMINATION OF EVIDENCE AND DOCUMENTATION › Rule 92-4-.01 - General Information

Current through Rules and Regulations filed through June 27, 2024
(1) The date and time of the independent scientific examination shall be determined by mutual agreement between the independent examiner and the Division of Forensic Sciences Supervising Official(s) within the time limits set out in the applicable court order or written request of a defendant and/or his attorney. The court order or written request shall specify the exact evidence items to be examined/analyzed (or released for examination) and shall specifically list any laboratory documentation to be provided. The court order or written request shall also identify any Division of Forensic Sciences instrumentation which the independent examiner requires, the name of the independent examiner, or the name of the independent testing facility. This order/written request shall be submitted to the Division of Forensic Sciences at least 72 hours in advance of the proposed date of the examination.
O.C.G.A. Sec. 17-16-4.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-4 - INDEPENDENT SCIENTIFIC EXAMINATION OF EVIDENCE AND DOCUMENTATION › Rule 92-4-.02 - Documentation Provided by DOFS

Current through Rules and Regulations filed through June 27, 2024
(1) Documentation provided by the Division of Forensic Sciences will be limited to:
(a) Laboratory notes and records produced as a result of the examination/analysis of evidence submitted in the relevant case.
(b) Analytical laboratory procedures of the Division of Forensic Sciences utilized to conduct the examination/analysis of the pertinent evidence.
(c) The official Division of Forensic Sciences report issued in this case.
(d) Database information sufficient to calculate frequency estimates (the number of times a set of characteristics is expected to occur) provided in the Division of Forensic Sciences case report.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-4 - INDEPENDENT SCIENTIFIC EXAMINATION OF EVIDENCE AND DOCUMENTATION › Rule 92-4-.04 - Evidence Transfer and Document Description

Current through Rules and Regulations filed through June 27, 2024
(1) Evidence items or documentation will be provided using one of the following mechanisms:
(a) Evidence items which are to be tested by an independent facility will be forwarded directly to that facility from the Division of Forensic Sciences using a method of transport which will maintain the chain of custody (e.g., overnight mail services, personal transport, certified U.S. Mail).
(b) The requesting party will be charged reasonable fees for the preparation and duplication of documents and photographs as well as any fees for shipping. Payment shall be received in advance.
(c) Review and/or duplication of video and audio materials will be the responsibility of the investigating agency.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-5 - LIMITED DISCLOSURE OF CRIME SCENE PHOTOGRAPHS AND VIDEOS › Rule 92-5-.01 - Rules of the Limited Disclosure and Viewing of Certain Crime Scene Photographs and Videos by Bona Fide members of the press

Current through Rules and Regulations filed through June 27, 2024
In order for a bona fide credentialed member of the press to view photographs or video of deceased persons who are dismembered, decapitated or mutilated or which include exposed genitalia of the deceased, the following procedure should be followed:
1. The member of the press requesting viewing must fill out an appropriate form to identify the case, victim, or suspect involved in the investigation so that the requested records can be accurately collected.
2. The member of the press requesting viewing must agree to refrain from copying, duplicating, or distributing the photographic or video materials covered by these rules and the statute.
3. Once such a request to view such materials has been received, the custodian of the materials shall provide the requested materials for viewing to the requestor immediately if the materials are readily available to the custodian or, if not, within a reasonable amount of time, not to exceed three business days. If the requested materials exist but are not available for viewing within three business days of the request, the custodian will provide the requestor within that period with a timetable for their viewing.
4. Once a request to review such materials is received, the custodian of the materials shall attempt to contact the deceased person's known next of kin regarding the request to view the materials.
The Georgia Bureau of Investigation shall be authorized to promulgate an appropriate form to carry out the intent of these rules, pursuant to O.C.G.A. §
								45-16-27(e).
Authority O.C.G.A. Sec. 45-16-27(e).
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-6 - SECONDARY METALS RECYCLERS DATABASE › Rule 92-6-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
								10-1-359.5 requires the Georgia Bureau of Investigation (GBI) or its Designee to establish and maintain a database of purchase transaction information from Secondary Metals Recyclers (SMRs). The database will be accessible and searchable by law enforcement agencies and employees of electric suppliers and telecommunications companies (that meet requirements) in this state to track metal sales. This system is intended to deter the theft of metals.
O.C.G.A. §
									10-1-359.5.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-6 - SECONDARY METALS RECYCLERS DATABASE › Rule 92-6-.02 - General Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) The following words shall be defined within these procedures as set forth below:
(a) Designee - vendor selected by the GBI to collect SMR transactions required by O.C.G.A. §
									10-1-359.5.
(b) Secondary Metals Recycler (SMR) - any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value.
(c) SMR Database - data that is collected from SMRs purchase transactions and organized so that its contents can easily be accessed and searched.
(d) Purchase Transaction - a transaction in which the SMR gives consideration in exchange for regulated metal property.
(e) Business Use Notice - Secondary Metals Recycler owns and operates one or more facilities that purchase scrap metal property as defined by O.C.G.A. §
									10-1-359.5. Designee operates and maintains a confidential database of transaction information as the designee for the Georgia Bureau of Investigation (GBI). Secondary Metals Recycler is submitting required data to the GBI designee for the sole purpose of complying with O.C.G.A. §
									10-1-359.5 and in accordance with Rules promulgated by the GBI.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-6 - SECONDARY METALS RECYCLERS DATABASE › Rule 92-6-.03 - SMR Database Transaction Submission Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Effective July 1, 2015, SMRs must submit information required by O.C.G.A. §
								10-1-353(a) to the SMR Database.
(2) The SMR must upload purchase transaction information to the SMR Database either by using the Designee's software or transferring files from its own point-of-sale software within 48 hours of the purchase transaction date.
(3) The SMR must conform to file format and transaction submission procedures established by the GBI or its Designee in accordance with this Rule.
(4) The SMR must make reasonable efforts to ensure that all uploaded data is complete and accurate.
(5) If a SMR submits transaction records from its own point of sale software system, the SMR must ensure that:
(a) All data elements required by law are included in the file;
(b) Each data element is clearly and separately identified;
(c) Files, images and transactions are uniquely numbered and include the date of the transaction; and
(d) Images are coded to designate the image classification as follows:
i. C - image(s) of the seller and/or deliverer,
ii. I - image(s) of the identification card of the seller and/or deliverer,
iii. T - image(s) of thumbprint(s) (not required by law but if submitted),
iv. S - image(s) of the signature of the seller and/or deliverer,
v. V - image of the vehicle driven by the seller or deliverer if a vehicle is used to deliver the regulated metal property (not required by law but if submitted),
vi. L - image of the vehicle license/tag (not required by law but if submitted),
vii. A - image(s) of property offered for sale.
Compilation of Rules and Regulations of the State of Georgia › Department 92 - GEORGIA BUREAU OF INVESTIGATION › Chapter 92-6 - SECONDARY METALS RECYCLERS DATABASE › Rule 92-6-.04 - SMR Database Access

Current through Rules and Regulations filed through June 27, 2024
(1) SMRs using the Designee's or its own point-of-sale software for data submission must register one or more users to access and submit purchase transaction records to the SMR Database. When registering, the SMR must provide its business name and address and the name and email address(es) of the person(s) authorized to access or submit purchase transactions on its behalf.
(2) The SMR is responsible for protecting usernames and passwords used to access the SMR Database.
(3) Employees of electric suppliers as defined by O.C.G.A. §
								46-3-3 and telecommunications companies as defined in O.C.G.A. §
								46-5-162 who want to access and search the SMR Database should send a request in accordance with procedures established by the GBI. The written request must include at a minimum the employee's name and the employee's Georgia Peace Officer Standards and Training Council (P.O.S.T.) certification number and certification date.
(4) Employees of electric supplier telecommunication companies will be able to view all information in the database except those images designated by the SMR as driver's license images.
(5) In the event of employment termination or change in P.O.S.T. certification status a notice of the change should be sent to the GBI in accordance with procedures established by the GBI and the individual's account will be deactivated for SMR Database access.
O.C.G.A. §
									10-1-359.5.
Compilation of Rules and Regulations of the State of Georgia › Department 93 - CABLE AND VIDEO SERVICE COMPLAINTS › 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
Note: Emergency Rules
are listed in each Rule's Administrative History by Emergency Rule number, date filed and effective date. The Emergency Rule will be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule is adopted, as specified by the Agency.
Chapter 93-1 entitled "Rules of General Applicability" has been adopted. Filed December 7, 2007; effective January 1, 2008, as specified by the Agency.