reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-12 - TELEPHONE SERVICE › Subject 515-12-1 - TELEPHONE SERVICE › Rule 515-12-1-.30 - Institutional Telecommunication Services

Current through Rules and Regulations filed through June 27, 2024
(1) Definitions:
(a) "Institution" is any type of confinement
				or correction facility, such as a prison, jail, work farm or detention
				center.
(b) "Institutional
				Telecommunication Services" are telephone services provided at an institution
				for use by inmates in making collect only or debit system calls.
(c) "Customer" is the billed party that
				agrees to accept and pay for institutional telecommunication
				services.
(d) "Positive Response"
				is a pulse or tone generated response and/ or verbal response initiated by the
				customer to accept responsibility for payment of institutional
				telecommunication services. No other method may be used in confirming a call
				(i.e., time outs that automatically complete the call if nothing is done or
				wrong number(s) are entered or the inability of called party instrument
				(telephone) and so on).
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-12 - TELEPHONE SERVICE › Subject 515-12-1 - TELEPHONE SERVICE › Rule 515-12-1-.33 - Customer Notification Procedures for Disconnection of Resellers

Current through Rules and Regulations filed through June 27, 2024
(1) Except as
				provided in subsection (2) below, prior to disconnecting a reseller, an
				underlying carrier shall give such reseller at least seven (7) days written
				notice by First-Class mail, facsimile, or any other reasonable means, of its
				intent to disconnect service. A copy of said notice shall also be provided to
				the Georgia Public Service Commission at the same time it is provided to the
				reseller. The notice shall include the following:
(a) The date of disconnection,
(b) Whether or not the underlying carrier
				will serve as an alternative provider of service,
(c) The identity of the underlying carrier
				and instructions, if appropriate, as to how to contact it to arrange
				continuation of service,
(d) The
				charges to be assessed should the underlying carrier assume the duty of
				providing service, and
(e) A copy
				of the Commission Utility Rule
				515-12-1-.33.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-12 - TELEPHONE SERVICE › Subject 515-12-1 - TELEPHONE SERVICE › Rule 515-12-1-.34 - Code of Conduct for Winback Activities

Current through Rules and Regulations filed through June 27, 2024
(1) Definitions.
(a) Customer: Any person, firm partnership,
				corporation, municipality, cooperative, organization, governmental agency,
				etc., provided with telecommunications services by a Local Exchange
				Company.
(b) Local Exchange Company
				("LEC") or Local Service Provider: A telecommunications company certified by
				the Commission to provide local exchange services (as defined in O.C.G.A.
				Section 46-5-162(11)).
(c) Proprietary Information: Information
				received by one LEC ("the receiving LEC") from another LEC ("the providing
				LEC") that:
(i) the providing LEC reasonably
				designates as proprietary and confidential; or
(ii) the receiving LEC has reason to believe
				the providing LEC intends to be treated as proprietary and
				confidential.
(d)
				Telecommunications service: Any service within the definition of
				"telecommunications service" set forth in O.C.G.A. Section
				46-5-162(18).
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-12 - TELEPHONE SERVICE › Subject 515-12-1 - TELEPHONE SERVICE › Rule 515-12-1-.36 - Pole Attachment Agreements

Current through Rules and Regulations filed through June 27, 2024
(a) The Commission has the authority to
				determine the rates, fees, terms, conditions, and specifications in any pole
				attachment agreement entered into by a communications service provider and an
				electric membership corporation, except as provided in O.C.G.A. §
				46-5-200.4(e).
(b) Prior to making
				any determination under subsection (a), the Commission shall afford interested
				parties the opportunity to be heard and to present evidence.
(c) The Commission will provide notice of the
				proceeding that conforms with the requirements of O.C.G.A. §
									50-13-13(a).
(d) Parties will have the opportunity to
				submit pre-filed testimony in accordance with the terms and conditions of the
				procedural and scheduling order or orders issued by the Commission.
(e) The Commission will hold an in-person or
				virtual hearing, unless the parties consent to the submission of evidence
				without such a hearing or the Commission makes a determination under O.C.G.A. §
									50-13-15(1) that
				the hearing will be expedited and the interest of the parties will not be
				prejudiced substantially by receiving evidence in written form.
(f) The process described in this rule may be
				supplemented by order of the Commission.
O.C.G.A. §§
				  46-5-200.4,
				  46-2-30,
				  46-2-51,
				  50-13-13,
				  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-12 - TELEPHONE SERVICE › Subject 515-12-1 - TELEPHONE SERVICE › Rule 515-12-1-.37 - Family Violence Shelter Confidentiality Protection

Current through Rules and Regulations filed through June 27, 2024
(1) Each person,
				corporation, or other entity that provides telephone service in this state and
				each person, corporation, or other entity that publishes, disseminates, or
				otherwise provides telephone directory information or listings of telephone
				subscribers in this state shall file with the Commission for approval a plan
				setting forth in detail how such person, corporation, or other entity will
				protect the confidentiality of the address or location of family violence
				shelters, as defined in Code Section
				19-13-20, in this state.
(a) Such plan shall be an affidavit that
				attests that the telephone company will comply with the requirements set forth
				in paragraph (2) of this rule.
(b)
				Such affidavit shall be submitted to the Commission upon certification and on
				January 31 of each odd-numbered year thereafter.
(c) Provided the affidavit attests that the
				telephone company will comply with paragraph (2) of this rule, it shall be
				deemed approved upon filing.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-12 - TELEPHONE SERVICE › Subject 515-12-1 - TELEPHONE SERVICE › Rule 515-12-1-.38 - Telecommunications Relay Service

Current through Rules and Regulations filed through June 27, 2024
(1)
Monthly Maintenance
				Surcharge.
All local exchange telephone companies in this state, except
				those operated by telephone membership corporations, shall impose a monthly
				maintenance surcharge on all residential and business local exchange access
				facilities. "Exchange access facility" means the access from a particular
				telephone subscriber's premise to the telephone system of a local exchange
				telephone company. "Exchange access facility" includes local exchange company
				provided access lines, private branch exchange trunks, and centrex network
				access registers, all as defined by tariffs of telephone companies as approved
				by the Commission or where approval is not required as published online on the
				telephone companies' websites. The amount of the surcharge shall be determined
				by the Commission based upon the amount of funding necessary to accomplish the
				purposes of O.C.G.A. §
									46-5-30 and provide the services
				on an ongoing basis: however, in no case shall the amount exceed 20¢ per
				month.
(2)
Surcharge
				Language.
The Monthly Maintenance Surcharge shall appear on customer
				bills as "Georgia Telecommunications Relay Service Surcharge." If the number of
				characters in "Georgia Telecommunications Relay Service Surcharge" exceeds the
				number of characters in the local exchange carrier's billing software or if the
				full text will not fit on one line, "Georgia TRS Surcharge" may be used
				instead.
(3)
Quarterly
				Reports and Remission of Funds.
Each local exchange carrier that is
				required to impose the Monthly Maintenance Surcharge shall submit quarterly via
				email a report to the Commission Staff indicating the monies collected from its
				customers during each quarter. The report shall be submitted to Staff and the
				monies collected from customers shall be remitted to the fund designated for
				the Telecommunications Relay Service no later than the thirtieth calendar day
				following the close of each quarter beginning with the fourth quarter of
				calendar year 2022.
O.C.G.A. §§
										46-2-20,
				  46-2-30,
				  46-5-30.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-13 - GRANT PROGRAMS › Rule 515-13-.01 - Motor Carrier Assistance Program Grant

Current through Rules and Regulations filed through June 27, 2024
(1) Sec. 402 of the Surface Transportation
			 Assistance Act, of 1981 (Pub. L. 97-424)
(2) General Scope and Purpose of the Grant
			 Program. The general scope and purpose. of the grant program is to provide
			 funding for traffic law enforcement and inspection of commercial motor vehicle
			 in conjunction therewith to reduce the number of traffic accidents, deaths,
			 injuries, and the amount of property damage.
(3) General Terms and Conditions of the
			 Grant. The general terms and condition's of a grant funded through Motor
			 Carrier Safety Assistance Program funds are:
(a) Funds are only available for safety
			 inspections of commercial motor vehicles performed pursuant to traffic stops,
			 e.g., improper lane changes, speeding, following too closely, etc.
(b) Funds are granted annually and are
			 conditioned on approval of applicant's enforcement plan and available funds.
			 Monies are conditioned on allocation of federal funding and satisfactory
			 performance.
(c) Must have
			 authority to effect traffic stops and inspect commercial motor
			 vehicles.
(d) Funds required for
			 match as follows: 80% GPSC 20% Local
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in this Utility Rule 515-14-1, the following terms
				  shall have the following definitions:
(a) "Caller identification service" means a
				type of telephone service that permits telephone subscribers to see the
				telephone numbers of incoming calls.
(b) "Commission" means the Georgia Public
				Service Commission.
(c) "No Call
				List" means the list compiled of telephone numbers of residential, mobile or
				wireless subscribers who object to receiving telephone solicitations and
				maintained on a database established and provided for by the Commission or an
				entity with which it has contracted for this purpose as contemplated by
				O.C.G.A. §
									46-5-27(d)(2).
				This list may also be referenced herein as the "No Call Database."
(d) "Residential subscriber" means a person
				who has subscribed to residential telephone service from a local exchange
				company or mobile or wireless telephone service provider, or other persons
				living or residing with such person.
(e) "Telephone solicitation" means any voice
				communication over a telephone line for the purpose of encouraging the purchase
				or rental of, or investment in, property, goods, or services, but does not
				include communications:
(1) To any
				residential, mobile or wireless subscriber with that subscriber's prior express
				invitation or permission;
(2) By or
				on behalf of any person or entity with whom a residential, mobile or wireless
				subscriber has a prior or current business or personal relationship;
or
(3) By
				or on behalf of a charitable organization that has filed a registration
				statement pursuant to Code Section
				43-17-9, or is exempt from such
				registration under paragraphs (1) through (6) of subsection (a) of Code Section
				43-17-9, or is exempt from such
				registration such as a religious organization or agency referred to in
				paragraph (2) of Code Section
				43-17-2.
Such communication may be from a live operator, through the
				  use of ADAD equipment as defined in Code Section
				  46-5-23, or by other
				  means.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.02 - Creation and Operation of a No Call List

Current through Rules and Regulations filed through June 27, 2024
The Commission shall establish and provide for the operation
				  of a database on which to compile a list of telephone numbers of residential,
				  mobile and wireless subscribers who object to receiving telephone
				  solicitations. Such database may be operated by the Commission or by another
				  entity under contract with the Commission.
O.C.G.A. Sec.
				  46-5-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.03 - Restrictions on Telephone Solicitations to Residential, Mobile or Wireless Subscribers

Current through Rules and Regulations filed through June 27, 2024
(a) No person or entity shall make or cause
				to be made any telephone solicitation to the telephone line of any residential,
				mobile or wireless subscriber in the state of Georgia by whom notice has been
				given to the Commission in accordance with its Rule
				515-14-1-.04 of said subscriber's
				objection to receiving same.
(b)
				Any person who or entity that makes a telephone solicitation to the telephone
				line of any residential, mobile or wireless subscriber in this jurisdiction
				shall begin the call by clearly stating the identity of the person or entity on
				whose behalf the call is being made.
(c) No person who or entity that makes a
				telephone solicitation to the telephone line of a residential, mobile or
				wireless subscriber in this state shall knowingly utilize any method to block
				or otherwise circumvent said subscriber's use of a caller identification
				service.
(d) Any person who or
				entity that knowingly violates O.C.G.A. Section
				46-5-27(c) by
				making a telephone solicitation to a residential, mobile or wireless telephone
				subscriber that is listed on the Commission's No Call Database shall be subject
				to the penalties set forth in O.C.G.A. Sections
				46-5-27(h) and
				(i).
O.C.G.A. Sec.
				  46-5-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.04 - Notice of Objection to Residential, Mobile and Wireless Telephone Solicitations

Current through Rules and Regulations filed through June 27, 2024
(a) A residential, mobile and wireless
				telephone subscriber may give notice to the Commission or its designated entity
				that he or she objects to receiving telephone solicitations and wishes to be
				placed on the Commission's telemarketing No Call Database by placing his or her
				name in the single national database established by the Federal Communications
				Commission.
(b) Any notice
				objecting to the receipt of telephone solicitations filed with the Commission
				or its designated entity by a business service subscriber will not be
				considered for inclusion on the Commission's No Call Database.
(c) The Commission incorporates into the
				Georgia No Call List by reference the part of the single national database
				established by the Federal Communications Commission that relates to
				Georgia.
(d) In the event that the
				Federal Communications Commission discontinues accepting registrations through
				the single national database, a residential, mobile, and wireless subscriber
				may give notice to the Commission or its designated entity that he or she
				objects to receiving telephone solicitations and wishes to be placed on the
				Commission's telemarketing No Call database by registering with the Commission
				or its designated agent and paying any fee established by the Commission in its
				fee schedule.
O.C.G.A. Sec.
				  46-5-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.05 - Revocation of Notification of Objection

Current through Rules and Regulations filed through June 27, 2024
Residential, mobile or wireless telephone subscribers on the
				  single national database established by the Federal Communications Commission
				  shall remain incorporated in the Georgia list by reference as long as they
				  remain on the single national database.
O.C.G.A. Sec.
				  46-5-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.06 - Deletions to the Database and the Handling Thereof

Current through Rules and Regulations filed through June 27, 2024
(a) Telephone solicitors shall be required to
				update their telemarketing lists at least once a quarter of each calendar
				year.
(b) Residential, mobile or
				wireless telephone subscribers shall be deleted from the Georgia list when they
				are removed from the single national database.
O.C.G.A. Sec.
				  46-5-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.07 - Access to the Database

Current through Rules and Regulations filed through June 27, 2024
(a) Access to the No Call Database of
				registered telephone subscribers shall be given to the Commission and the
				Governor's Office of Consumer Affairs.
(b) Telephone solicitors may obtain the No
				Call List by accessing the part of the single national database that relates to
				Georgia through the Federal Communications Commission.
(c) In the event that the Federal
				Communications Commission discontinues dissemination of the single national
				database, telephone solicitors may obtain the No Call list from the Commission
				or its designated agent by paying the fee established by the Commission in its
				fee schedule.
(d) No person shall
				knowingly compile and/or disseminate information obtained from the database for
				any reason other than those legitimate purposes established by law. Any person
				found guilty of violating this code section shall be guilty of a misdemeanor
				and upon conviction shall be punished by a fine not to exceed $1,000.00. Each
				instance of an unauthorized disclosure of information from the database shall
				constitute a separate offense.
O.C.G.A. Sec.
				  46-5-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-14 - TELEPHONE AND TELEGRAPH UTILITIES › Subject 515-14-1 - TELEMARKETING NO CALL LIST › Rule 515-14-1-.08 - Obligation of Local Exchange Carriers and Competing Local Exchange Carriers to Provide Educational Information to Residential, Mobile or Wireless Telephone Subscribers

Current through Rules and Regulations filed through June 27, 2024
At least two (2) times during a calendar year, all local
				  exchange carriers certificated to operate in Georgia shall provide information
				  to residential, mobile and wireless subscribers about the existence of and
				  opportunity to subscribe to the No Call Database. Said information shall be
				  disseminated at the option of the carrier via television, radio or newspaper
				  advertisements; written correspondence; bill inserts or messages; telephone
				  book subscription forms; and any other method not otherwise expressly
				  prohibited by the Commission.
O.C.G.A. Sec.
				  46-5-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-15 - YEAR 2000 READINESS ACT › Subject 515-15-1 - YEAR 2000 COMPLIANCE BY UTILITY COMPANIES REGULATED AND/OR MONITORED BY THE GEORGIA PUBLIC SERVICE COMMISSION › Rule 515-15-1-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  46-2-20,
				  46-2-21,
				  50-13-4,
				  50-32-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-1 - ORGANIZATION › Rule 515-16-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Transportation Unit of the Commission has oversight for
				  the enforcement of the statutory provisions and rules and regulations governing
				  carriers as defined in O.C.G.A. §§
									46-1-1,
				  46-1-3,
				  46-1-4,
				  46-2-30,
				  44-1-13,
				  46-7-1 through 46-7-101, and
				  50-13-3. Specifically, the
				  Transportation Unit's duties include but are not limited to:
(a) Scheduling public hearings;
(b) Conducting audits of carrier's books, to
				ensure compliance with rules and regulations;
(c) Maintaining all official orders, books,
				files, and records;
(d)
				Investigating complaints against carriers;
(e) Establishing reasonable rates, charges,
				and fares;
(f) Inspecting
				facilities;
(g) Recommending and
				imposing civil penalties on carriers who violate applicable laws, rules,
				regulations, or orders;
(h)
				Consideration of issuance of certificates and permits; and
(i) Consideration of issuance of
				nonconsensual towing authority.
Authority O.C.G.A.
				  Secs. 44-1-13,
				  46-1-1,
				  46-1-4,
				  46-7-1 to
				  46-7-101.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-1 - ORGANIZATION › Rule 515-16-1-.02 - Transportation Unit

Current through Rules and Regulations filed through June 27, 2024
(1) Director of Transportation Unit. Subject
				to the appointment and direction of the Commission, the Director of the
				Transportation Unit has the responsibility for the direction and coordination
				of the activities of the Unit staff in accordance with the rules and
				regulations established by the Commission.
(2) Executive Secretary. Subject to the
				direction of the Commission, the Executive Secretary is responsible for
				recording all appearances at public hearings of the Commission; maintaining all
				books, files and records of the Commission; preparing, or reviewing and
				co-signing with the Commission Chairman all Commission orders, except Initial
				Decisions by Hearing Officers to which no exceptions are taken and which become
				Commission Decisions by operation of law; scheduling matters for hearing;
				recording all Commission hearing decisions in the Official Book of Minutes;
				certifying copies of Commission documents and records; handling administrative
				details of office management, including routing of Commission correspondence to
				proper department heads and the Commission; receiving and routing all petitions
				and complaints for disposition as directed by the Commission; and maintaining
				mailing lists and publications of all matters assigned for public hearing
				before the Commission.
(3) Official
				Reporter. The Official Reporter shall record and keep a complete record of all
				proceedings and evidence of matters heard before the Hearing Officer(s) at
				public hearings, and shall have transcribed copies thereof available for the
				Commission and parties of record when requested.
Authority O.C.G.A.
				  Secs. 40-16-5,
				  46-2-20,
				  46-2-30,
				  46-2-50 to
				  46-2-53, 46-7-2,
				  50-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-1 - ORGANIZATION › Rule 515-16-1-.03 - Hearings

Current through Rules and Regulations filed through June 27, 2024
(1) Administrative
				Hearing Officers. The Commission, may through Administrative Order, appoint
				administrative hearing officers to preside over matters which are not subject
				to the Georgia Administrative Procedures Act. Hearing Officer(s) shall be
				authorized to conduct hearings and perform the following functions in
				conjunction therewith: administer oaths and affirmations, sign and issue
				subpoenas; rule upon offers of proof; regulate the course of the hearing, set
				the time and place for continued hearings, and fix the time for filing briefs;
				dispose of motions to dismiss for lack of agency jurisdiction over the subject
				matter or parties or for any other grounds; dispose of motions to amend or to
				intervene; provide for the taking of testimony by deposition or interrogatory;
				and reprimand or exclude from the hearing any person for any indecorous or
				improper conduct committed in the presence of the agency or the hearing
				officer.
(2) Public Hearings.
				Public hearings in transportation cases are held pursuant to O.C.G.A. §§
				46-7-7, 46-7-10, 46-7-33, 46-7-85.13, and
				50-13-17 and will generally be
				conducted at 244 Washington St. SW, Atlanta Georgia, 30334, although the
				Commission is authorized to hold hearings in different parts of the State when
				it is deemed necessary to best serve the interest and convenience of the
				public. All evidence presented at public hearings is recorded by the Official
				Reporter of the Commission. All hearing records of the Commission are open to
				public inspection under the Georgia Open Records Act; provided, however, that
				such inspection and copying of hearing records shall not relieve any party to
				the case or its successor in interest from paying the Commission's Official
				Recorder or Reporter from paying for the take down at hearing or production of
				a transcript.
Authority O.C.G.A.
				  Secs. 46-2-58,
				  46-2-91, 46-7-5, 46-7-7, 46-7-10,
				  46-7-33, 46-7-85.13,
				  50-13-16,
				  50-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-2 - ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES › Rule 515-16-2-.01 - Scope and Applicability

Current through Rules and Regulations filed through June 27, 2024
The rules contained in this Chapter 515-16-2 are in addition
				  to, and designed to supplement, the Commission's general Rules of Practice and
				  Procedure contained in Chapter 515-2-1, where different or supplemental rules
				  of practice and procedure are needed in processing transportation cases. Use of
				  such different or supplemental rules in processing transportation cases shall
				  be at the discretion of the Hearing Officer or the Commission conducting a
				  transportation hearing.
Authority O.C.G.A.
				  Secs. 46-2-30, 46-7-8, 46-7-29,
				  50-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-2 - ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES › Rule 515-16-2-.03 - Complaints

Current through Rules and Regulations filed through June 27, 2024
All complaints made to the Georgia Public Service Commission
				  involving motor carriers must plainly and distinctly state the grounds thereof,
				  all being set forth in writing. In like manner, all defenses must be made in
				  writing and must plainly and distinctly state the grounds thereof. The
				  complaint must be accompanied by supporting documentation such as invoice, bill
				  of lading and/or claim forms. Other than matters pertaining to a statute rule
				  violation where a customer refund is expressly authorized and the recovery of
				  carrier overcharge above maximum tariff rates and except for disallowed towing
				  rates and storage fees under O.C.G.A. §
									44-1-13, the Commission is not
				  empowered to adjudicate disputed freight loss, freight damage or other monetary
				  claims between carriers and customers in transportation matters.
				  Notwithstanding the previous sentence, nothing shall prevent the Commission
				  staff from mediating a pre-litigation settlement of such monetary claims
				  between a carrier and a customer and accepting carrier refund or payment for
				  loss or damage to a customer in lieu of recommending assessment by the
				  Commission of all or a portion of civil penalties authorized by statute or
				  these Transportation Rules. If the involved parties reach an impasse, the
				  parties would have to be referred to the appropriate court of competent
				  jurisdiction for further resolution.
Authority O.C.G.A.
				  Secs. 46-2-20, 46-7-19, 46-7-20,
				  46-7-22, 46-7-23, 46-7-27, 46-7-38.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-2 - ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES › Rule 515-16-2-.04 - Public Hearings

Current through Rules and Regulations filed through June 27, 2024
Unless otherwise directed by the Commission, all
				  transportation applications, petitions or complaints, filed with the
				  Commission, or actions initiated by the Commission shall be promptly assigned
				  for hearing on at least thirty (30) days' notice or, in emergency situations,
				  on any other date designated by the Commission; provided that a continued or
				  postponed hearing requested by a carrier may be rescheduled in less than thirty
				  (30) days' notice.
Authority O.C.G.A.
				  Secs. 46-2-50,
				  46-2-58, 46-7-4, 46-7-5, 46-7-7,
				  46-7-10, 46-7-13.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-2 - ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES › Rule 515-16-2-.05 - Suspend, Revoke, Alter or Amend Certificate or Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The Commission
				may at any time, after notice and opportunity to be heard, suspend, revoke,
				alter or amend any certificate or permit, if it shall be made to appear that
				the holder has willfully violated or refused to observe orders, rules, or
				regulations prescribed by the Commission or provisions of the Motor Carrier
				Acts, or any other law of this State regulating or taxing motor vehicles, for
				hire, and applicable to the holder of such certificate, or if, in the opinion
				of the Commission, the motor carrier is unfit, or not furnishing adequate
				service, or it is no longer compatible with the public interest to continue
				said certificate or permit in force or the continuance of said certificate or
				permit is not in conformity with the spirit and purpose of the law.
(2) It shall be unlawful for a carrier to
				conduct any operations after their authority has been canceled or during a
				period in which the certificate or permit is in suspension.
Authority O.C.G.A.
				  Secs. 46-7-5, 46-7-11, 46-7-18, 46-7-85.7,
				  46-7-85.8.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-2 - ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES › Rule 515-16-2-.06 - Inspections by Commission's Representatives

Current through Rules and Regulations filed through June 27, 2024
(1) Commissioners or representatives of the
				Commission authorized to make inspections and to enforce these Transportation
				Rules and Regulations, upon providing proper identification as a Commissioner
				or Commission employee to any carrier or carrier officer or employee requesting
				such, shall have the right at any time to enter into or upon any terminal,
				station, garage, office, warehouse, impound lot, parking lot, or other premises
				owned, leased, operated or used by any carrier subject to the Commission's
				jurisdiction or upon any vehicle operated by such carrier in intrastate
				commerce within Georgia in order for the purpose of inspecting such carrier's
				books and records and motor carrier equipment and vehicles to ascertain such
				carrier's past and present compliance with the statutes and Transportation
				Rules administered by this Commission.
(2) Willful refusal of any person to produce
				its records for, and to permit such inspection or on-premises audit of records
				produced, by a visiting Commissioner or Commission Transportation Staff
				employee, with or without prior notice having been given for such visit, shall
				be sufficient grounds for suspension or cancellation of such carrier's
				Commission-issued registration, permit or certificate; provided, however, that
				the carrier affected thereby shall have 30 days to petition the Commission for
				a hearing as to any registration receipt, permit or certificate so suspended or
				cancelled.
Authority O.C.G.A.
				  Secs. 46-2-20, 46-7-23, 46-7-30,
				  46-7-31.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-2 - ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES › Rule 515-16-2-.07 - Failure to Observe Rules

Current through Rules and Regulations filed through June 27, 2024
Failure by any carrier subject to the jurisdiction of the
				  Commission to comply with the Rules of the Commission, as amended from time to
				  time, or with any Commission Order shall be cause for suspension, revocation of
				  a certificate, permit, or registration receipt, and/or for assessment of civil
				  or criminal penalties as specified in Chapters 515-16-3 and 515-16-14 of these
				  Transportation Rules.
Authority O.C.G.A.
				  Secs. 46-2-91 to
				  46-2-94, 46-7-26, 46-7-27,
				  46-7-30, 46-7-31, 46-7-38, 46-7-85.2, 46-7-85.8, 46-7-90,
				  46-7-91.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.01 - Transportation Jurisdiction of the Commission

Current through Rules and Regulations filed through June 27, 2024
The Commission has such jurisdiction over carriers as
				  provided by statute and such jurisdiction over motor carriers is statewide,
				  covering all operations between points within the State, with no exception for
				  operations conducted wholly within a municipality. Local governments shall not
				  burden intrastate commerce and shall have no jurisdiction over
				  Commission-regulated carriers operating within or transiting the boundaries of
				  a local government other than that expressly provided by
				  statute.
Authority O.C.G.A.
				  Secs. 44-1-13,
				  46-1-1,
				  46-2-20,
				  46-2-22,
				  46-2-91, 46-7-2, 46-7-5, 46-7-15,
				  46-7-18, 46-7-27, 46-7-85.2, 46-7-85.3.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.02 - Application of Rules

Current through Rules and Regulations filed through June 27, 2024
The rules herein promulgated state the conditions and
				  regulations under which carriers regulated by the Commission are permitted to
				  operate over the highways of this State and elaborate upon statutory penalties
				  for noncompliance by authorized and unauthorized carriers.
Authority O.C.G.A.
				  Sec. 46-7-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.03 - Defintions

Current through Rules and Regulations filed through June 27, 2024
Unless specifically defined elsewhere, when used in this
				  rulebook, the term-
(a) Carrier means:
1. For the purposes of safety and/or
				hazardous materials regulation, any person who owns, controls, or manages a
				motor vehicle subject to the jurisdiction of the Commission, including, but not
				limited to, for hire motor common carriers, for hire motor contract carriers,
				forest products carriers, limousine carriers, private carriers, and any other
				person subject to the Commission's safety and hazardous materials jurisdiction
				(ref. O.C.G.A. §
										46-1-1, § 46-7-37, § 46-7-85.1, §
				46-11-3); or
2. For the purposes of
				insurance filing, obtaining of certificates, obtaining of permits or vehicle
				registrations, any person who operates a motor vehicle to transport persons or
				property, or both, for compensation (ref. O.C.G.A. §
										46-1-1).
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.04 - Operations Conducted in Certificate or Permit Name

Current through Rules and Regulations filed through June 27, 2024
All operations must be conducted and business transacted
				  under the name of the owner, or owner with an operating name, or name of
				  incorporation shown on the certificate, permit, or registration receipt.
				  Individuals, partnerships or corporate owners of certificates or permits may
				  request a change in the doing business as (D.B.A.) name by filing a request
				  with the Commission. Certificated carriers may make application for transfer of
				  a permanent certificate to a different individual, partnership or corporate
				  owner by complying with all the rules relating to transfer of permanent
				  certificates (
See
Commission Transportation Rules Chapter
				  515-16-5). Permitted carriers must apply for a new permit if there is a change
				  in name or ownership.
Authority O.C.G.A.
				  Secs. 46-4-11, 46-7-8, 46-7-27,
				  46-7-30.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.05 - Cancellation Due to Fraud

Current through Rules and Regulations filed through June 27, 2024
Any certificate, permit or registration receipt obtained by
				  any fraudulent means shall be subject to cancellation upon discovery of
				  such.
Authority O.C.G.A.
				  Secs. 46-7-2, 46-7-19, 46-7-26, 46-7-31, 46-7-32, 46-7-38, 46-7-39, 46-7-85.7,
				  46-7-91.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.06 - Designation of Process Agent

Current through Rules and Regulations filed through June 27, 2024
No for hire motor carrier shall engage in intrastate or
				  interstate operations within the borders of the State of Georgia unless and
				  until there shall have been filed with and accepted by this Commission a
				  currently effective designation of a local agent for service and process. Said
				  carrier shall file such designation by showing the name and address of such
				  agent on forms prescribed by the Commission or by furnishing this Commission
				  with a true copy of the designation of such agent filed with the Federal
				  Highway Administration.
Authority O.C.G.A.
				  Sec. 46-7-17.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.08 - Criminal Penalties - General

Current through Rules and Regulations filed through June 27, 2024
Every officer, agent, or employee of any company under the
				  jurisdiction of the Commission who violates or procures, aids, or abets any
				  violation by any such company of any provision of Title 46 O.C.G.A.; or who
				  fails to obey, observe, or comply with any order of the Commission; or who aids
				  or abets any such company in its failure to obey, observe, and comply with any
				  such order, direction, or provision, shall be guilty of a misdemeanor. Such
				  officer, agent, or employee shall be subject to prosecution in any county in
				  which the company or the officer, agent, or employee violates any provision of
				  this title or any provision of any order of the Commission, or in any county
				  through which the company operates. Such officer, agent, or employee shall also
				  be subject to prosecution under this title in any county in which a subordinate
				  agent or employee of the company violates any provision of this title, by the
				  approval or direction, or in consequence of the approval or direction, of such
				  officer, agent, or employee; and the agent or employee who locally in any
				  county violates the rules or directions of said Commission pursuant to the
				  direction or authority of a superior officer may be called as a witness and be
				  compelled to testify as to the authority by which he acted. Such testimony
				  shall not be used against such subordinate employee or agent, nor shall he
				  thereafter be subject to prosecution for said offense.
Authority O.C.G.A.
				  Secs. 46-7-39, 46-7-91.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-4 - MOTOR CARRIER SAFETY RULES › Rule 515-16-4-.02 - Limousine Carrier Safety Rules

Current through Rules and Regulations filed through June 27, 2024
(1) To the extent applicable to vehicles
				classified as limousines in O.C.G.A. §§ 46-7-85.1
et seq.,
the
				Federal Motor Carrier Safety Rules adopted by the Commission in Georgia Public
				Service Commission Transportation Rule
				515-16-4-.01 for all motor carriers
				operating in intrastate commerce shall also apply to limousine carriers as
				minimum safety requirements for all vehicles operated by limousine carriers
				operated for hire in interstate and intrastate commerce in Georgia to the
				"Operations Manager" and/or "Associate Administrator, Federal Motor Carrier
				Safety Administration," shall be interpreted to mean Manager, Transportation
				Unit, Georgia Public Service Commission, except insofar as the term relates to
				preemption. All references to "interstate" commerce shall be interpreted to
				include "intrastate" commerce. It is the intent of the Commission that the
				regulations shall apply to intrastate carriers and operations.
(2) Where the Federal Motor Carrier Safety
				Regulations as adopted by the Commission refer to "carriers" or "motor
				carriers," the term shall be taken to mean all for hire limousine carriers
				subject to the Commission's jurisdiction pursuant to O.C.G.A Title 46. All
				reports required by the Federal Motor Carrier Safety Regulations shall be also
				sent with regard to intrastate traffic or transportation to the Georgia Public
				Service Commission, Transportation Unit, 244 Washington St., SW, Georgia 30334,
				in addition to any copies required to be sent to any Federal Agency. The
				Commission will accept forms prescribed by the United States Department of
				Transportation where required by the safety regulations.
(3) Identification of Vehicles Operated by
				Limousine Carriers:
(a) Prior to operating
				limousines over the highways of Georgia for which registration and licensing of
				such equipment has been procured, every limousine carrier holding a permit or
				certificate to transport passengers in shall affix to the front bumper a
				standard size license plate with the following information:
1. Limousine company name;
(i) City and state of principal
				domicile;
(ii) Company telephone
				number;
(iii) Vehicle
				classification IE-l; and
(iv)
				Limousines which also operate in interstate commerce must comply with the
				identification requirements of any federal agency with jurisdiction.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-4 - MOTOR CARRIER SAFETY RULES › Rule 515-16-4-.03 - Safety Operations Review of Georgia Public Serice Commission - Regulated Carriers

Current through Rules and Regulations filed through June 27, 2024
(1) The Commission or designated staff
				members are authorized to conduct Safety Operations Reviews of motor carriers
				under its jurisdiction for the purpose of determining compliance with the laws,
				rules, regulations, and orders of the Commission or the Federal Motor Carrier
				Safety and/or Hazardous Material Regulations. Said Commission or staff members
				are authorized to enter upon, to inspect, and to examine any and all lands,
				buildings, and equipment of motor carriers and other persons subject to the
				jurisdiction of the Commission, and to inspect and copy any and all accounts,
				books, records, memoranda, correspondence, and other documents of such carriers
				and other persons.
(2) Motor
				Carriers and other persons subject to the jurisdiction of Commission shall
				submit their accounts, books, records, memoranda, correspondence, and other
				documents for inspection and copying, and shall submit their lands, buildings,
				and equipment for examination and inspection. Upon request, display of a
				Commission issued credential identifying him/her or staff member shall be made.
				If a motor carrier uses photographic, microfilm, or electronic record keeping
				technology, it shall make such records available in accordance with Section
				390.31 of the Commission's rules.
(3) The Commission and their staff members
				are authorized to conduct joint investigations and reviews of motor carriers
				and other persons with officials of the United States Department of
				Transportation and their administrations for the purpose of determining
				compliance with State or Federal laws, rules, regulations, and orders
				pertaining to motor carrier operations and the transportation of hazardous
				materials. Consistent with 49 C.F.R. Part 388, the Commission and its staff
				shall exchange information with the United States Department of Transportation
				that comes to their attention that is believed to indicate a violation of any
				provision of the safety or hazardous material laws, rules, regulations, or
				orders of the United States Department of Transportation.
Authority O.C.G.A.
				  Secs. 41-1-1, 46-7-2, 46-7-3, 46-7-5,
				  46-7-7, 46-7-27, 46-7-30, 46-7-36, 46-7-85.5, 46-7-85.7,
				  46-7-85.17.