Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-16 - SCHEDULE OF FINES › Rule 681-16-.01 - Schedule of Fines

Current through Rules and Regulations filed through June 27, 2024
The Used Motor Vehicle Division may impose fines for violations
				of O.C.G.A. Chapter 43-47. The fines shall not exceed $500 per violation. A
				licensee, who actually holds a license or a person who is required to be
				licensed by this Chapter, who commits a violation as listed below, may be fined
				as indicated. However, the Division may, in its discretion, change the Schedule
				of Fines in whole or in parts as necessary. Further, the licensee shall pay the
				fine within thirty (30) days after receiving written notification from either
				the appropriate division or a representative of the Division unless the
				licensee requests, in writing, a hearing before the Division. Such request for
				a hearing must be received by the Division within thirty (30) days after
				receipt of the written notification from the Division. Failure either to pay
				the fine or request a hearing shall result in immediate suspension of the
				license pending a hearing by the Division to determine whether revocation or
				other disciplinary action should be imposed on the licensee. In addition to the
				fine schedule, the Division may impose further disciplinary action against a
				dealer who is cited for repeated violations. The Division may impose the
				following progressive disciplinary action:
(a) First violation within a six-month
			 period: Appropriate fine for the violation as listed in this rule;
(b) Any subsequent violation within a
			 six-month period: A Public Consent Order with appropriate fine for the
			 violation as listed in this rule and Probation for 12 months;
(c) Any violation during Probationary period:
			 Suspension of the license for six months. At the end of the six-month
			 suspension period, the applicant may make written request to the Division to
			 release the suspension of the license. If the Division grants the lifting of
			 the suspension, the license shall be reactivated by Public Consent Order with
			 Probation for 12 months. Any operations of the dealership during the period of
			 Suspension shall be grounds for and may result in Revocation of the
			 license.
(d) Any violation during
			 this Probationary period shall be grounds for and may result in Revocation of
			 the license.
(e) The violations and
			 Fines are as follows:
1. Failure to apply for
			 a title in the retail purchaser's name within 30 calendar days after the date
			 of sale; $500 per violation;
2. In
			 possession of an open title not properly assigned as prescribed by O.C.G.A.
			 Title 40: $250 per violation;
3.
			 Failure to display a properly completed buyers guide as prescribed by the
			 Federal Trade Commission Rules: $250 per violation;
4. The display or sale of a vehicle for
			 profit in violation of O.C.G.A. Chapter 43-47 by unlicensed persons who have
			 not properly titled and tagged, in their name, the vehicle offered for sale:
			 $500 per violation;
5. Failure to
			 furnish the retail purchaser of a vehicle the proper documents in order for
			 said purchaser to obtain a tag for that vehicle within thirty (30) calendar
			 days from the date of purchase: $500 per violation;
6. Aiding and abetting an unlicensed person
			 in selling vehicles by allowing the unlicensed person to sell those vehicles
			 using a license granted by the Division: $500 per violation; and
7. Failing to properly complete a "finance
			 contract" which complies with the Federal Reserve System, Title I, Regulation Z
			 (Truth In Lending Act) when financing vehicles which are being sold to
			 purchasers: $500 per violation.
8.
			 Failing to maintain the required surety bond or liability insurance: $500 shall
			 be imposed;
9. Failure to properly
			 make application to the Division for a name change or change of location within
			 the required 30 day period: $250 shall be imposed;
10. Failure to make application for an
			 off-premises temporary license: $250 per violation;
11. Failure to check the appropriate box on
			 odometer disclosure statement and certificate of title: $500 per violation; and
12. Failure to submit an
			 application for change of ownership in the required 30 day period: $100 shall
			 be imposed.
13. Failure to obtain a
			 bill of sale or odometer statement from the individual or company from which
			 the licensee acquired the vehicle: $250 per violation. (Such information must
			 be maintained in the records of the licensee.)