reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-13 - TRUST COMPANIES › Subject 80-13-1 - TRUST COMPANIES › Rule 80-13-1-.14 - Service Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) A state-chartered trust company may contract with another financial institution or a third party service provider to provide certain services in a principal-agent relationship, provided both parties comply with the applicable rules and regulations of the Department.
(2) Agency relationships shall comport with safety and soundness principles to protect the financial integrity of the trust company and the accounts of its customers.
(3) A state-chartered trust company entering into a service contract with a third party service provider must maintain the following information on file at the trust company and shall not execute a contract with a third party service provider unless this information has been obtained:
(a) A copy of the contract under which the services are provided;
(b) A schedule of fees to be charged for each type of service to be performed;
(c) Written assurance from the third party service provider that:
1. The records of the trust company for which the services are to be performed will be subject to examination and regulation by the department as if the records were maintained by the trust company on its own premises;
2. The records of the trust company in the service provider's possession shall be available to examiners promptly upon receipt of notice;
3. The department shall have the authority to periodically review the internal routine and controls of the service provider to ascertain that the operations are being conducted in a sound manner in keeping with generally accepted trust company procedures and industry standards;
(d) A listing of all reports and printouts which the third party service provider is offering the trust company and the time required, after receipt of notice of examination, to provide those reports in readable form to the examiners; and
(e) Evidence of financial stability to include a copy of the third party service provider's most recent audit and financial statement, both of which should be aged no more than 18 months. This is a continuous requirement.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-13 - TRUST COMPANIES › Subject 80-13-1 - TRUST COMPANIES › Rule 80-13-1-.15 - Service Contracts: Requirements of Third Party Service Providers

Current through Rules and Regulations filed through June 27, 2024
(1) Each third party service provider that enters into a service contract with a state-chartered trust company shall be subject to examination and regulation by the department as if the entity were a state financial institution, as authorized by O.C.G.A. §
									7-1-72.
(2) In the event that a third party service provider has been examined by a federal agency that is a member of the Federal Financial Institutions Examination Council ("FFIEC"), or any successor entity, in the previous twenty-four (24) months and the department is provided a copy of the examination, the department shall accept the results of such examination in lieu of conducting its own examination. However, nothing contained herein, shall be construed as limiting or otherwise restricting the department from participating in such examination.
O.C.G.A. §
											7-1-61.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-1 - PLACE OF BUSINESS, ADVERTISING, AND OTHER REQUIREMENTS › Rule 80-14-1-.01 - Place of Business Requirements; Convenience and Advantage of Community

Current through Rules and Regulations filed through June 27, 2024
(1) A licensee shall not engage in the business of installment lending at a location in this state unless the licensee has first received written approval from the Department.
(2) The "main office" is the physical location indicated on the license application or amendments thereto as the principal place of business, where the books and records are kept.
(3) A "branch" shall be any physical location, other than the principal place of business, where a licensee engages in the business of installment lending.
(4) For the main office and each proposed branch office, an applicant or licensee shall provide information establishing that approval of the proposed location will serve the convenience and advantage of the community. Such information shall include but is not limited to the following:
(a) An explanation as to whether the community will benefit from the applicant or licensee operating in the location;
(b) An explanation as to whether the community is presently offered this service and an estimate of the number of people not presently served;
(c) Statistics related to the growth of the community in relation to each of the following: population, retail stores, industry, industry payroll, retail sales, and income per capita;
(d) A projection of the growth of the proposed location for the first three years of operation, including the number of accounts, outstanding amounts, and source of customers;
(e) A diagram of the immediate community indicating the location of any currently operating installment loan licensees, sales finance companies, banks, credit unions, savings and loan institutions, and the proposed office; and,
(f) Other information relevant to the Department's consideration of the proposed location.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-1 - PLACE OF BUSINESS, ADVERTISING, AND OTHER REQUIREMENTS › Rule 80-14-1-.02 - Location Managers

Current through Rules and Regulations filed through June 27, 2024
(1) A "location manager" shall mean an individual who supervises daily activities in Georgia of a licensee, whether at a main office or branch as defined in Rule 80-14-1-1.01, and regardless of job title.
(2) No individual shall be permitted to manage a location in Georgia without being approved by the Department as a location manager. A location manager may be put in place subject to Departmental approval, but the Department must receive a complete application for approval within 15 calendar days of the placement. No individual may serve as the location manager of more than one location of a licensee.
(3) The Department shall conduct a criminal background check and require such other pertinent information to satisfy itself that the location manager will operate the location responsibly and in compliance with the laws and rules of this state.
(4) Notwithstanding any approval of the location manager by the Department, the licensee has full and direct financial responsibility for the lending activities of each location manager and full and direct responsibility for the training and supervision of the location manager. The licensee will supervise the location and location manager on an ongoing and regular basis and shall be accountable for the lending activities of the location and location manager. Any violation of the Georgia Installment Loan Act or the rules and regulations of the Department by a location manager shall be deemed to be a violation by both the licensee and the location manager.
O.C.G.A. §§
											7-3-32, 7-3-51.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-1 - PLACE OF BUSINESS, ADVERTISING, AND OTHER REQUIREMENTS › Rule 80-14-1-.03 - Employee Background Checks; Covered Employees

Current through Rules and Regulations filed through June 27, 2024
(1) As required by O.C.G.A. §
									7-3-42(e), applicants and licensees must have commercial background checks performed on all covered employees, as defined in O.C.G.A. §
									7-3-3(2). Employees of an applicant or licensee who are not engaged in the installment loan business are not covered employees. Background checks on all covered employees must be completed and found satisfactory by an applicant prior to the issuance of a license or by a licensee prior to the initial date of hire of such covered employee. In the event the job responsibilities of an employee change so that the employee satisfies the covered employee definition in O.C.G.A. §
									7-3-3(2), the required background check must be completed and found satisfactory prior to the change in job responsibilities.
(2) For purposes of O.C.G.A. §
									7-3-42, an employee of a licensee is engaged in the installment loan business if he or she performs any of the following duties for a Georgia consumer:
(a) taking a loan application or offering or negotiating terms of an installment loan;
(b) entering, deleting, or verifying any information on an installment loan related document; or,
(c) communicating with a consumer regarding a specific installment loan, excluding communication by a third party for purposes of debt collection.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-1 - PLACE OF BUSINESS, ADVERTISING, AND OTHER REQUIREMENTS › Rule 80-14-1-.04 - Advertising Requirements

Current through Rules and Regulations filed through June 27, 2024
Any advertisement of an installment loan that is subject to regulation under the Georgia Installment Loan Act ("Act") and that is made, published, disseminated or circulated in this state shall comply with the requirements set forth below.
(a) Advertisements for installment loans shall not be false, misleading, or deceptive.
(b) All solicitations or advertisements, including business cards and websites, for installment loans disseminated in this state by persons required to be licensed under the Act shall contain the licensee's name, which shall conform to a name on record with the Department, and unique identifier, which shall clearly indicate that the number was issued by the Nationwide Multistate Licensing System and Registry.
(c) For purposes of this Rule, "advertisement" means material used or intended to be used to induce the public to apply for an installment loan. Such term shall include any printed or published material, audio or visual material, website, or descriptive literature concerning an installment loan subject to regulation under the Act, whether disseminated by direct mail, newspaper, magazine, radio or television broadcast, electronic, billboard, or similar display. The term advertisement shall not include promotional materials containing fifteen words or fewer relating to the installment loan business of the entity which material does not contain references to a specific rate or product, such as balloons, hats, pencils or pens, and calendars.
(d) Every installment lender required to be licensed shall maintain a record of samples of all of its advertisements, including commercial scripts of all radio and television broadcasts, for examination by the Department.
(e) No licensee shall use any advertising in the form of a simulated check or other negotiable instrument unless such document provides in a clear and concise manner, in no smaller than twelve-point type, that it is an advertisement and not a check or a negotiable instrument. "Simulated check or other negotiable instrument" means any document that resembles but is not a check or other negotiable instrument and is used for the purpose of soliciting a customer for an installment loan.
O.C.G.A. §§
											7-3-10, 7-3-30(a)(3).
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-1 - PLACE OF BUSINESS, ADVERTISING, AND OTHER REQUIREMENTS › Rule 80-14-1-.05 - Notice of Unauthorized Access to Personal Information

Current through Rules and Regulations filed through June 27, 2024
(1) In the event that a licensee provides notice under applicable federal or state law of an information security incident involving unauthorized access to personal information, then the licensee shall simultaneously provide a duplicate of such disclosure to the Department. For purposes of this rule, personal information is any record containing nonpublic personal information about a customer or potential customer whether in paper, electronic, or other form maintained by or on behalf of the licensee.
(2) Pursuant to O.C.G.A. §
									10-1-912, a business that satisfies the definition of an information broker is required to provide notice to Georgia residents in the event of a data breach that results in access or likely access to unencrypted personal information. In the event a licensee or an affiliate of a licensee is required to make such notification to Georgia residents, then a duplicate of the notification will simultaneously be submitted to the Department.
O.C.G.A. §§
											7-1-61, 7-3-51.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-1 - PLACE OF BUSINESS, ADVERTISING, AND OTHER REQUIREMENTS › Rule 80-14-1-.06 - Information Security Safeguards for Consumer Financial Information

Current through Rules and Regulations filed through June 27, 2024
All licensees shall create and maintain an information security program to safeguard the nonpublic personal information of customers to the extent required by 16 C.F.R. Part 314 (the "Safeguards Rule"). As part of its regulatory oversight, the Department shall review, to the extent applicable, licensee's information security programs, risk assessments, incident response plans, and other required elements of the Safeguards Rule.
O.C.G.A. §§
											7-1-61, 7-3-51.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-2 - BOOKS AND RECORDS › Rule 80-14-2-.01 - Location Requirement; Examinations

Current through Rules and Regulations filed through June 27, 2024
Each installment lender required to be licensed under the Georgia Installment Loan Act shall maintain a principal place of business on record with the Department at which its books and records are maintained and which is accessible to the Department for examination during normal business hours. Records required to be maintained under this rule may be maintained in a photographic, electronic, or other similar format at a central location within or outside the State of Georgia provided specific records can be transmitted to a location designated by the Department within ten (10) days of the Department's request. The Department may examine any person that purports to satisfy the exemption from licensure set forth in O.C.G.A. §
									7-3-4 to verify that the person qualifies for the exemption from licensure.
O.C.G.A. §§
											7-3-30, 7-3-40.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-2 - BOOKS AND RECORDS › Rule 80-14-2-.03 - Installment Loan Transaction Journal

Current through Rules and Regulations filed through June 27, 2024
(1) Each licensee shall maintain a journal of installment loan transactions which shall include, at a minimum, the following information:
(a) Full name of the borrower and any co-borrowers;
(b) Loan Number;
(c) Date of the loan;
(d) Amount of the loan; and
(e) Due date of the loan.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-2 - BOOKS AND RECORDS › Rule 80-14-2-.04 - Installment Loan Files

Current through Rules and Regulations filed through June 27, 2024
(1) Each installment lender shall maintain a loan file for each installment loan borrower. If there are multiple borrowers on one loan, the loan documents shall be maintained in the loan file for the primary borrower. The files shall be maintained in an alphabetical or numerical sequence in the principal place of business or in each approved branch office where installment loans are made.
(2) Each loan file shall contain the following:
(a) Copy of the loan application;
(b) Copy of credit report if the credit report is pulled or ordered by the licensee;
(c) Copy of the signed loan agreement;
(d) Copy of all notes, bills of sale, or other evidence of indebtedness or security;
(e) Copy of the signed acknowledgement of written disclosure statement as required by Rule  80-14-5-.01(6); and
(f) A separate account record for each installment loan transaction or renewal thereof, which shall include the following information:
(i) Name and address of the licensee;
(ii) Loan number;
(iii) Date of the loan;
(iv) Name and address of each borrower and co-maker or endorser, if any;
(v) Brief description of security, if any;
(vi) Actual amounts of individual charges shall be shown separately for interest and fees.;
(vii) Amount of loan;
(viii) If a renewal, the loan number of the previous loan;
(ix) Terms of repayment;
(x) Payments received showing:
A. Date of payment.
B. Amount paid on account.
C. Remaining balance.
D. Date to which account is paid.
E. Any late charge collected, and date of collection;
(xi) Date of final payment on loan or expiration; and
(xii) Record of the amount, date, and reason for any refunds.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-4 - LICENSING › Rule 80-14-4-.01 - Licensing Requirements and Exemptions

Current through Rules and Regulations filed through June 27, 2024
(1) The exemption from licensing provided pursuant to O.C.G.A. §
									7-3-4(5) to an employee of a licensee, affiliate of a licensee, or exemptee applies only to natural persons who meet all of the following criteria:
(a)
(i) An employee must be employed by only one licensee or exemptee and work exclusively for that person; or
(ii) An employee of an affiliate of a licensee if prior written approval is obtained from the Department as provided in paragraph (2);
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-4 - LICENSING › Rule 80-14-4-.02 - Restrictions on Employment and Licensing

Current through Rules and Regulations filed through June 27, 2024
(1) No person who has been an owner, director, trustee, or executive officer of a licensee that has had its license revoked, denied, or suspended, may perform any of those roles at another licensee for five years from the date of the final order.
(2) Felony convictions; restrictions on the employee and the licensee:
(a) Licensees are responsible for ensuring that no convicted felons are covered employees or direct the affairs of their business.
(b) O.C.G.A. §
										7-3-42 provides for remedies to cure a felony conviction. These remedies must be completed and in place prior to employment. Hiring or continuing to employ a covered employee with an unremedied felony conviction subjects a licensee to revocation of its license.
(c) For purposes of O.C.G.A. §§
										7-3-31 and 7-3-42, "agent" means any person who appears to the public or to a regulatory agency as acting for or on behalf of a licensee to the extent the licensee is engaged in the business of making installment loans.
(d) If a licensee discovers that a covered employee or director/officer is a felon at the time of hire or subsequently becomes a felon and has not satisfactorily cured the conviction, the violation of O.C.G.A. §
										7-3-42 must be immediately corrected or the license will be subject to revocation. Such individuals with felony convictions are ineligible for an employee exemption and are in violation of O.C.G.A. §§
										7-3-4 and 7-3-50. The licensee employer is also in violation of O.C.G.A. §
										7-3-4 in such circumstance.
(e) A cease and desist order to a person for failure to meet the employee exemption due to a violation of the felony provisions of O.C.G.A. §
										7-3-42 shall become final in 30 days without a hearing pursuant to O.C.G.A. §
										7-3-45. Such a person must show within those 30 days, by certified court documents that the record is erroneous, or, that the cure provisions in O.C.G.A. §
										7-3-42 were completed prior to employment, in order to stop the order from becoming final. In the event such proof is provided, the order will be rescinded.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-4 - LICENSING › Rule 80-14-4-.03 - Verification of Lawful Presence Affidavit

Current through Rules and Regulations filed through June 27, 2024
(1) Pursuant to O.C.G.A. §
									50-36-1, the Department is required to obtain an affidavit verifying the lawful presence of every natural person that submits an application for a license as an installment lender on behalf of an individual, business, corporation, partnership, limited liability company, or any other business entity. For businesses, corporations, partnerships, limited liability companies, and other business entities (collectively "company applicant"), only an owner or executive officer that is authorized to act on behalf of the company applicant is authorized to submit the required signed and sworn affidavit.
(2) In the event the individual that executed the lawful presence affidavit on behalf of the company applicant is no longer an owner or executive officer of the licensee, the licensee must notify the Department within ten (10) business days following the date of the occurrence and provide the Department with an affidavit from a current owner or executive officer verifying his or her lawful presence on behalf of the licensee. The failure to disclose within ten (10) business days that the owner or executive officer that executed the lawful presence affidavit is no longer in that position with the licensee or to timely submit a new affidavit from a current owner or executive officer may subject the license to revocation, suspension, and other administrative action.
O.C.G.A. §
											50-36-1.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-4 - LICENSING › Rule 80-14-4-.04 - Nationwide Multistate Licensing System and Registry

Current through Rules and Regulations filed through June 27, 2024
(1) License issuance and renewals.
(a) All applications for new or renewal licenses must be made through the Nationwide Multistate Licensing System and Registry ("NMLSR"). Fees for new applications include an initial Department investigation fee and the appropriate application fee. Applications for new licenses which are approved between November 1 and December 31 in any year will not be required to file a renewal application for the next calendar year. All fees are nonrefundable.
(b) All licenses issued shall expire on December 31 of each year, and an application for renewal shall be made annually between November 1 and December 31 each year. Subsequent renewal applications and license fees must be received on or before December 1 of each year or the renewal applicant will be assessed a late fee as set forth in Rule  80-5-1-.02. A renewal application is not deemed received until all required information and corresponding fees have been provided by the licensee. A proper renewal application not received on or before the December 1 renewal application deadline of each year cannot be assured of issuance or renewal prior to January 1, at which time the license will expire. Unless a proper renewal application has been received, any license which is not renewed on or before December 31 will require the renewal applicant to file a new license application in order to conduct business as an installment lender in the State after that date.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-4 - LICENSING › Rule 80-14-4-.05 - Determining Location of Loan

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
									7-3-4 provides that no person shall make installment loans in this state without a license unless such person is exempt from the requirements of licensure. For a transaction requested in person, "in this state" means at a physical location within this state. For a transaction requested electronically or by telephone, the installment lender may determine if the person requesting the transaction is "in this state" by relying on information provided by the person regarding the location of an individual's residence, and any records associated with the person that the installment lender may have that indicate such location, including but not limited to an address associated with an account.
O.C.G.A. §§
											7-3-4, 7-3-51.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-5 - DISCLOSURE, CHARGES, AND MISCELLANEOUS › Rule 80-14-5-.01 - Loan Contract, Disclosures, and Limitations

Current through Rules and Regulations filed through June 27, 2024
(1) Loan Contract; Contents.
(a) Every consumer loan transaction shall be pursuant to a written loan contract which may include a loan voucher, itemized statement of loan and charges, and disclosure statement. The loan contract shall be signed by the consumer and delivered to the consumer at the time it is executed by him or her. The loan contract shall be contained in a single document which may contain more than one page. Printed terms shall be printed in at least six-point standard type.
(b) In connection with every consumer loan transaction, the consumer shall be furnished a written itemized statement in clear terms and easily understood language which shall show the following: the transaction date, a description of the subject matter and amount of the transaction, a description of the collateral, if any, securing the consumer's obligations; the identity and address of the consumer and the identity and address of the creditor; a schedule of the payments; the amount of the actual cash advanced to or on behalf of the consumer; the amount of each class of insurance carried and the premium paid thereon, stated separately for each class of insurance; and an itemization of the exact amount of the interest, fees, and other charges, if any, showing each element thereof.
(c) The loan contract shall include immediately above the place for the signature for the parties the following notice:
NOTICE TO CONSUMER
1. Do not sign this agreement if it contains any blank spaces.
2. You are entitled to an exact copy of all papers you signed.
3. You have the right at any time to pay in advance the full amount due under this agreement and under certain conditions to obtain a partial refund of the interest charges.
4. If credit life insurance is required, you have the right to purchase either level term life insurance or reducing term life insurance coverage.
5. You are not required to purchase noncredit insurance as a condition of obtaining this loan.
(d) The creditor shall furnish the consumer with an exact copy of the loan contract including any loan voucher, itemized statement of loan charges, and disclosure statement after the agreement has been signed.
(e) With respect to every installment loan transaction, the creditor shall, at the time of the transaction, furnish to the consumer a written statement of the maximum number of payments required, the amount of such payments, and the exact due dates upon which each payment is due. The maximum number of payments and the amount and date of such payments need not be separately listed if the payments are stated in terms of a series of scheduled amounts.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-5 - DISCLOSURE, CHARGES, AND MISCELLANEOUS › Rule 80-14-5-.02 - Maintenance Charges

Current through Rules and Regulations filed through June 27, 2024
(1) The following terms shall have the following meaning as used in this Rule unless a different meaning or construction is clearly required by the context:
(a) "Earned maintenance charges" shall mean those maintenance charges which are applicable to those months in the term of the loan contract in which the loan has been maintained by the licensee for a period of time of one (1) or more complete months. Such earned maintenance charges shall be determined by multiplying the total number of months in the term of the loan contract in which the loan has been maintained by the licensee by the amount of the maintenance charge authorized under O.C.G.A. §
										7-3-11.
(b) "Maintenance charges" shall mean charges by a licensee for maintaining a loan for a period of one or more months in accordance with the provisions of O.C.G.A. §
										7-3-11 and this Rule.
(c) "Month" shall mean a complete calendar month for all loans whose contract begins as of the first day of the calendar month. For all other loans, the term month shall mean a period of thirty (30) consecutive calendar days and for the purpose of calculation of refunds under the provisions of Paragraph 4 of this Rule, the term "month" shall mean thirty (30) consecutive calendar days.
(d) "Unearned maintenance charges" shall mean those maintenance charges applicable to the partial month in the term of the loan contract in which the loan was maintained by the licensee for one (1) or more days but in which the loan contract was terminated prior to its scheduled maturity date on a day other than the ending day of a month as defined in this Rule.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-5 - DISCLOSURE, CHARGES, AND MISCELLANEOUS › Rule 80-14-5-.03 - Closing, Convenience, and Other Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Closing Fees. In addition to any other charges authorized by the Georgia Installment Loan Act ("Act"), a licensee may collect a closing fee at the time of making a loan to the extent authorized by O.C.G.A. §
									13-1-14.
(a) No licensee may collect a closing fee unless, prior to the advance of money or the extension of credit, such licensee conducted an investigation or verification of the borrower's credit history, residences, references, employment, or sources of income. Each licensee shall retain on file the procedures that the licensee uses to conduct such investigations and verifications.
(b) The amount of the closing fee shall be listed in the loan agreement after the loan fees authorized by O.C.G.A. §
										7-3-11. but before the maintenance charge fee.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-5 - DISCLOSURE, CHARGES, AND MISCELLANEOUS › Rule 80-14-5-.04 - Unsolicited Live Checks

Current through Rules and Regulations filed through June 27, 2024
(1) "Live check" means a negotiable check or other negotiable instrument that may be used by a consumer to activate a loan regulated by the Georgia Installment Loan Act ("Act").
(2) The licensee must maintain in its office a system for:
(a) preventing the offering of an unsolicited live check to an individual who is not credit-worthy; and
(b) protecting the intended recipient of an unsolicited live check and the licensee in the event of the fraudulent conversion of the unsolicited live check.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-5 - DISCLOSURE, CHARGES, AND MISCELLANEOUS › Rule 80-14-5-.05 - Debt Collection

Current through Rules and Regulations filed through June 27, 2024
(1) In addition to the requirements of O.C.G.A. §
									7-3-33, each non-employee debt collector utilized by a licensee must comply with the requirements of the Fair Debt Collection Practices Act ("FDCPA"), 18 U.S.C. 1692
et seq.
(2) Every licensee shall be presumed to know that any employee or agent of the licensee, which includes non-employee debt collectors utilized by the licensee, will be acting for and on behalf of the licensee in connection with the collection of any debt allegedly owed the licensee. Every licensee shall be responsible for compliance with O.C.G.A. §
									7-3-33 by the employee or agent in collecting or attempting to collect any debt allegedly owed to the licensee.
O.C.G.A. §§
											7-3-33, 7-3-51.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-6 - INSTALLMENT LOAN SERVICING › Rule 80-14-6-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) As used in Chapter 80-14-6, the terms that are defined in O.C.G.A. §§
									7-1-4 and 7-3-3 shall have the identical meaning.
(2) As used in Chapter 80-14-6, the below terms shall be defined as follows unless the term is otherwise defined in a specific rule:
(a) "Installment loan servicer" means any person that services installment loans made by others.
(b) "Notice of error" means any written notice from the borrower that asserts an error and that includes the name of the borrower, information that enables the installment loan servicer to identify the borrower's loan account, and the error the borrower believes has occurred. A notice on a payment coupon or other payment form supplied by the installment loan servicer need not be treated by the installment loan servicer as a notice of error.
(c) "Service an installment loan" means the collection or remittance or the right to collect or remit payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to the terms of an installment loan.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-6 - INSTALLMENT LOAN SERVICING › Rule 80-14-6-.02 - Installment Loan Servicing Standards

Current through Rules and Regulations filed through June 27, 2024
(1) The standards set forth in this Rule apply only to persons licensed or required to be licensed under Chapter 3 of Title 7 of the Official Code of Georgia Annotated as installment lenders that act as installment loan servicers.
(2) Any person who acts as an installment loan servicer:
(a) Shall act with reasonable skill, care, and diligence;
(b) Shall not charge fees for:
1. Handling borrower disputes;
2. Facilitating routine borrower collections;
3. Arranging repayment plans;
4. Sending borrowers notice of nonpayment; and
5. Updating records to reinstate an installment loan.
(c) Shall have an error resolution process for all borrowers, which must, at a minimum:
1. Acknowledge receipt of a borrower's notice of error within 10 business days of receipt;
2. Conduct a reasonable investigation; and
3. Within 45 days, provide a borrower with a written notification of:
(i) the correction of error; or
(ii) the installment loan servicer's determination that no error occurred and the reason for such determination.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-6 - INSTALLMENT LOAN SERVICING › Rule 80-14-6-.03 - Minimum Requirements for Books and Records

Current through Rules and Regulations filed through June 27, 2024
(1) Irrespective of the requirements set forth at Rule  80-14-2-.02, each installment loan servicer must maintain the following books, accounts, and records:
(a) Servicer file for each installment loan that it services. The servicer file must contain the following:
1. the name of each borrower;
2. copies of all loan agreements, contracts, deeds, assignments, letters, notes, and memos regarding the borrower;
3. documents related to assignment, sale, or transfer of installment loan servicing;
4. copies of all disclosures or notices provided to the borrower by the installment loan servicer as required by law, including Rule  80-14-6-.02;
5. copies of all written requests for information received from the borrower and the installment loan servicer's response to such requests as required by law;
6. full payment history that identifies and itemizes all payments made by or on behalf of the borrower and which contains the following:
(i) date each payment was made;
(ii) amount of each payment made;
(iii) remaining balance on account;
(iv) any late charge collected with the date on which the late charge was collected.
7. If the installment loan servicer defers installment loans, the deferred loan monthly journal required by O.C.G.A. §
											7-3-11(6)(G);
8. a communications log, which documents all verbal communication with the borrower or the borrower's representative;
9. records regarding the final disposition of the installment loan including a copy of any collateral release document, records of servicing transfers, or charge-off information; and
10. an electronic system of record that can generate a report of every receipt or disbursement of funds for a requested period of time. All such entries shall be made on the exact date on which they occur. This system shall be balanced daily.
Compilation of Rules and Regulations of the State of Georgia › Department 80 - RULES OF DEPARTMENT OF BANKING AND FINANCE › Chapter 80-14 - INSTALLMENT LOANS › Subject 80-14-6 - INSTALLMENT LOAN SERVICING › Rule 80-14-6-.04 - Reports of Condition

Current through Rules and Regulations filed through June 27, 2024
(1) Each installment loan servicer shall submit to the Nationwide Multistate Licensing System and Registry or through other means specified by the Department timely reports of condition in accordance with O.C.G.A. §
									7-3-30 and Rule  80-14-4-.04(4)  containing information detailing the installment loan servicer's activities, including, but not limited to:
(a) The number of installment loans serviced;
(b) Delinquency status of installment loans serviced; and
(c) The number of installment loan modifications.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › 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 82-4-1 adopted. F. Jun. 27, 2011; eff. Jul. 17, 2011.
Chapters 82-1 and 82-2 reserved. F. Jun. 30, 2011; eff. Jul. 20, 2011.
Chapter 82-3-1 adopted. F. Jun. 30, 2011; eff. Jul. 20, 2011.
Rules  82-2-1-.01  through  82-2-1-.05  adopted. F. Nov. 22, 2011; eff. Dec. 12, 2011.
Chapter 82-3-1 amended. Chapter 82-4-1 amended and title changed to "Child and Adolescent Crisis Stabilization Units." F. Mar. 9, 2015; eff. Mar. 29, 2015.
Chapter 82-5 and Subject 82-5-1 entitled "Patient's Rights", Chapter 82-7 and Subject 82-7-1 entitled "Patient Cost of Care", Chapter 82-8 and Subject 82-8-1 entitled "Emergency Receiving, Evaluating and Treatment Facilities" adopted. F. Dec. 15, 2021; eff. Jan. 4, 2022.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-2 - CLINICAL EVALUATION AND SUBSTANCE ABUSE TREATMENTS FOR DUI OFFENDERS › Subject 82-2-1 › Rule 82-2-1-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.) Sec. 37-7-2.
O.C.G.A. Sec. 37-7-2.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-2 - CLINICAL EVALUATION AND SUBSTANCE ABUSE TREATMENTS FOR DUI OFFENDERS › Subject 82-2-1 › Rule 82-2-1-.02 - Title and Purposes

Current through Rules and Regulations filed through June 27, 2024
These rules shall be known as the Rules and Regulations for Clinical Evaluation and Substance Abuse Treatment for DUI Offenders. The purpose of these rules is to provide for the approval of clinical evaluators and substance abuse treatment providers to evaluate and treat-DUI offenders, to set minimum qualifications for clinical evaluators and treatment providers and to provide for the enforcement of these rules.
O.C.G.A. Secs. 37-7-2, 40-5-1, 40-5-63.1,
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-2 - CLINICAL EVALUATION AND SUBSTANCE ABUSE TREATMENTS FOR DUI OFFENDERS › Subject 82-2-1 › Rule 82-2-1-.04 - Registry of Clinical Evaluators

Current through Rules and Regulations filed through June 27, 2024
(1)
Application Process.
No person may conduct clinical evaluations pursuant to O.C.G.A. 40-5-63.1 or O.C.G.A. 40-6-391 without first having obtained approval by the department, having been placed by the department on the registry of clinical evaluators, and, as applicable, being on active registry status. All applications shall be submitted on forms prepared by the department, following a procedure outlined by the department. The application shall include all information, fees, and documents designated by the department and shall be truthful, accurate and complete. The department may require any applicant for clinical evaluator to submit additional information or verification that is reasonably related to making an approval determination. In addition, the department may require applications or related documents to be submitted electronically, through a secure website, following procedures specified by the department.
(2)
Initial Qualifications.
In order to be placed on the registry of clinical evaluators, an individual must have one of the following combinations of professional licensure, credentials or experience;
(a) Certification as an addiction medicine specialist by the American Society of Addiction Medicine;
(b) Certification in addiction psychiatry by the American Board of Psychiatry and Neurology;
(c) Certification by the Georgia Addiction Counselors Association as a Certified Addiction Counselor II;
(d) Certification by the National Association of Alcoholism and Drug Abuse Counselors Association;
(e) Certification by the International Certification and Reciprocity Consortium;
(f) Certificate of Proficiency in the Treatment of Alcohol and Other Psychoactive Substance Use Disorders from the American Psychological Association's College of Professional Psychology, or
(g) Licensure under O.C.G.A. Title 43 as a physician, psychologist, professional counselor, social worker, marriage and family therapist, advanced practice nurse, registered nurse with a bachelor's degree in nursing and:
1. documentation of at least 2,000 hours in the five-year period prior to application, of clinical experience in the treatment of persons who are addicted to alcohol' or other drugs, with at least 500 hours of that experience in the actual administration of substance abuse clinical evaluations, and
2. documentation of the completion of at least 20 hours of continuing education in the field of substance abuse, with not more than five of these hours consisting of in-service training, in the two-year period prior to application.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-2 - CLINICAL EVALUATION AND SUBSTANCE ABUSE TREATMENTS FOR DUI OFFENDERS › Subject 82-2-1 › Rule 82-2-1-.07 - Treatment Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) In order to obtain a certificate of treatment completion, a client must remain in treatment for at least the period of time recommended by the clinical evaluator. Treatment providers shall require that clients complete, at a minimum, services of the same number of days and hours per week as recommended by the clinical evaluator. Treatment providers may, at their clinical discretion, require that a client complete services for a longer number of days, a greater number of hours per week, or both, than recommended by the clinical evaluator. However, no client who has complied with=a treatment plan can be required to remain in treatment longer than one year.
(2) Longer term treatment (ASAM level I, or higher levels) shall consist of a minimum of three hours of treatment per week. Such treatment may include individual and group counseling, family therapy, vocational counseling, occupational and recreational therapy, psychotherapy and other therapies. In addition attendance at 12-step or other self-help meetings may be required, but time spent attending such groups will not count as part of the required three-hour treatment minimum.
(3) Treatment providers may only enroll clients whose referral to treatment matches the ASAM level of service offered by the provider except that when there are no providers offering the appropriate ASAM level of service in the geographic area in which the client lives, the client may contact the department for approval to enroll in treatment with a provider that offers -a different ASAM level of care.:
(4) When more than 60 days has passed between the completion of the clinical evaluation report and a client's enrollment in treatment, the treatment provider may, if necessary, re­evaluate the client utilizing the clinical evaluation report in order to confirm the appropriate level of services, number of days and hours per week required for that client.
(5) Treatment services may only be provided at locations approved by the department.
(6) Treatment providers may not collect from a client any fee which is not authorized by the department. No person or entity other than the department, the clinical evaluator or treatment provider or the accountability court's treatment team may direct or control any clinical, administrative, or financial aspect of the treatment services for an offender.
O.C.G.A. Sec. 37-7-2.