reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.19 - Motions for Summary Judgment

Current through Rules and Regulations filed through June 27, 2024
(a) A party may move, based on supporting
						affidavits or other probative evidence, for summary judgment in its favor on
						any of the issues being adjudicated on the basis that there is no genuine issue
						of material fact for trial. There shall be included in the motion or attached
						thereto a short and concise statement of each of the material facts as to which
						the moving party contends there is no genuine issue for trial. Unless the
						Tribunal Judge otherwise orders, such a motion must be filed and served on all
						parties no later than thirty (30) days before the date set for hearing. For
						good cause shown, a motion may be filed at any time before the close of the
						hearing.
(b) Unless the Tribunal
						Judge otherwise orders, a party may file and serve a response to a motion for
						summary judgment or a countermotion for summary judgment within thirty (30)
						days of service of the motion for summary judgment. The response shall include
						a short and concise statement of each of the material facts as to which the
						party opposing summary judgment contends there exists a genuine issue for
						trial.
(c) When a motion for
						summary judgment is supported as provided in this Rule, a party opposing the
						motion may not rest upon mere allegations or denials, but must show, by
						affidavit or other probative evidence, that there is a genuine issue of
						material fact for trial.
(d)
						Affidavits shall be made upon personal knowledge, shall set forth facts that
						would be admissible in evidence, and shall show affirmatively that the affiant
						is competent to testify to the matters stated therein. Sworn or certified
						copies of all documents to which reference is made in an affidavit shall be
						attached thereto and served therewith. Where facts necessary for summary
						judgment are a matter of expert opinion, such facts may be resolved on the
						basis of uncontroverted affidavits or testimony of expert opinion.
(e) The Tribunal Judge may set the motion for
						oral argument and call for the submission of proposed findings of fact,
						conclusions of law, and briefs.
O.C.G.A. §
										50-13A-15(b).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.20 - Evidence; Official Notice

Current through Rules and Regulations filed through June 27, 2024
A Tribunal Judge shall apply the rules of evidence as applied
							in the trial of civil nonjury cases in the superior courts. With respect to
							Small Claims Division cases, the Tribunal Judge may, when necessary to
							ascertain facts not reasonably susceptible of proof under such rules, also
							consider evidence not otherwise admissible if it is of a type commonly relied
							upon by reasonably prudent persons in the conduct of their
							affairs.
O.C.G.A. §§
										50-13A-14,  50-13A-14(c), and
							  50-13A-15(b).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.21 - Constitutional Issues

Current through Rules and Regulations filed through June 27, 2024
Whenever any party raises issues under either the Georgia or
							United States Constitution, the sections of any laws or rules constitutionally
							challenged and any constitutional provisions such laws or rules are alleged to
							violate must be stated with specificity. In addition, an allegation of
							unconstitutionality must be supported by a statement either of the basis for
							the claim of unconstitutionality as a matter of law or of the facts under which
							the party alleges that the law or rule is unconstitutional as applied to the
							party. Although a Tribunal Judge is not authorized to resolve constitutional
							challenges to statutes or rules, the Tribunal Judge may, in the Tribunal
							Judge's discretion, take evidence and make findings of fact relating to such
							challenges.
O.C.G.A. §
										50-13A-15(b).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.23 - Procedure for Hearings and Trials

Current through Rules and Regulations filed through June 27, 2024
(a) In a hearing or trial conducted under
						this Chapter, a Tribunal Judge shall make an Independent determination on the
						basis of the competent evidence presented at the hearing or trial.
(b) If a party includes in its pleadings a
						challenge to the regularity of the process by which the Department reached a
						decision, a Tribunal Judge shall take evidence and reach a determination on
						such a challenge at the outset of the hearing. The party making such challenge
						shall have the burden of proof. If the Tribunal Judge finds the challenge
						meritorious, the Tribunal Judge may remand the matter to the Department for
						further review.
(c) A Tribunal
						Judge shall conduct a fair and impartial hearing, take action to avoid
						unnecessary delay in the disposition of the proceedings, and maintain order. A
						Tribunal Judge may, among other things:
(1)
						arrange for and issue notices of the date, time, and place of hearings and
						prehearing conferences;
(2)
						establish the methods and procedures to be used in the development of the
						evidence;
(3) hold prehearing
						conferences to settle, simplify, determine, or strike any of the issues in a
						hearing, or to consider other matters that may facilitate the expeditious
						disposition of the hearing;
(4)
						administer oaths and affirmations;
(5) regulate the course of the hearing and
						govern the conduct of the participants;
(6) examine witnesses called by the
						parties;
(7) rule on, admit,
						exclude, or limit evidence;
(8)
						establish the time for filing motions, testimony, and other written evidence,
						exhibits, briefs, proposed findings of fact and conclusions of law, and other
						submissions;
(9) rule on motions
						and procedural matters, including but not limited to motions to dismiss for
						lack of jurisdiction or for summary judgment;
(10) order that the hearing be conducted in
						stages whenever the number of parties is large or the issues are numerous and
						complex;
(11) allow
						cross-examination as required for a full and true disclosure of
						facts;
(12) order that any
						information so entitled under applicable state or federal statute or regulation
						be treated as confidential information and be accorded the degree of
						confidentiality required thereby;
(13) reprimand or exclude from the hearing
						any person for any indecorous or improper conduct;
(14) subpoena and examine witnesses or
						evidence the Tribunal Judge believes necessary for a full and complete record;
						and
(15) take any action not
						inconsistent with this Chapter or Chapter 13A of Title 50 to maintain order at
						the hearing and ensure an expeditious, fair, and impartial hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.24 - Record of Hearings and Trials

Current through Rules and Regulations filed through June 27, 2024
(a) All rulings, orders, and notices issued
						by a Tribunal Judge, all pleadings and motions, all recordings or transcripts
						of oral hearings, trials, or arguments, all written direct testimony, all other
						data, studies, reports, documentation, information, and other written material
						of any kind submitted in the proceedings, including but not limited to
						documents filed under seal, a statement of matters officially noticed, all
						proposed findings of fact, conclusions of law, and briefs, shall be a part of
						the record and shall be available to the public, except as provided by law
						according confidentiality.
(b)
						Except for proceedings of the Small Claims Division, all hearings or trials
						shall be recorded by electronic means or, if requested by a party, which party
						shall pay all associated costs, stenographically reported verbatim. Upon
						written request, an electronic copy of the record of any oral proceeding shall
						be furnished to any party at the requesting party's expense. If a party desires
						to have a written transcript made of any hearing or trial, the requesting party
						shall bear all costs of having such written transcript prepared.
(c) All documentary and physical evidence
						shall be retained by the Clerk unless and until the record is transmitted upon
						appeal.
O.C.G.A. §§
										50-13A-14(f),  50-13A-15(b).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.25 - Motions for Reconsideration or Rehearing

Current through Rules and Regulations filed through June 27, 2024
(a) A motion for reconsideration or rehearing
						will be considered only if filed within ten (10) days of the entry of any
						Order. The time for filing such a motion may be extended by a Tribunal Judge
						for good cause.
(b) A Tribunal
						Judge shall not grant a motion for reconsideration or rehearing until after the
						expiration of the period for a response by any other party provided in Section
						  616-1-3-.17.
(c) No party shall be required to file a
						motion for reconsideration or rehearing in order to preserve the right of
						appeal from an Order of the Tax Tribunal.
O.C.G.A. §§
										50-13A-15(b),  50-13A-17(c).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.26 - Default

Current through Rules and Regulations filed through June 27, 2024
(a) A default order
						may be entered against a party that fails to participate in any stage of a
						proceeding, a party that fails to file any required pleading, or a party that
						fails to comply with an order issued by a Tribunal Judge. Any default order
						shall specify the grounds for the order.
(b) Any default order may provide for a
						default as to all issues, a default as to specific issues, or other
						limitations, including limitations on the presentation of evidence and on the
						defaulting party's continued participation in the proceeding. After issuing a
						default order, a Tribunal Judge shall proceed as necessary to resolve the case
						without the participation of the defaulting party, or with such limited
						participation as the Tribunal Judge deems appropriate, and shall determine all
						issues in the proceeding, including those affecting the party in
						default.
(c) Within fifteen (15)
						days of the entry of a default order, the party against whom the default order
						was issued may file a written motion requesting that the order be vacated or
						modified, and stating the grounds for the motion.
(d) A Tribunal Judge may decline to enter a
						default or may open a default previously entered if the party's failure was the
						result of providential cause or excusable neglect, or if the Tribunal Judge
						determines from all of the facts that a proper case has been made to deny or
						open the default.
(e) If a party
						fails to attend an evidentiary hearing after having been given written notice,
						a Tribunal Judge may proceed with the hearing in the absence of the party
						unless the absent party is the party who requested the hearing, in which case
						the Tribunal Judge may dismiss the action. Failure of a party to appear at the
						time set for hearing shall constitute a failure to appear, unless excused for
						good cause.
O.C.G.A. §
										50-13A-10(b).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.27 - Appeals from Orders of the Tax Tribunal

Current through Rules and Regulations filed through June 27, 2024
Any party may appeal a final judgment of the Tax Tribunal,
							except for judgments of the Small Claims Division, to the Superior Court of
							Fulton County. Proceedings for appeal shall be instituted by filing a petition
							with the Superior Court of Fulton County within 30 days after the service of
							the Tax Tribunal's final judgment or, if a timely motion for reconsideration or
							rehearing was filed, within 30 days after the decision thereon. Such petition
							shall satisfy the requirements of O.C.G.A. §
									50-13A-17 and  any other
							requirements imposed by the Superior Court of Fulton County. The Tribunal's
							final judgment shall be deemed to have been served on the date on which it was
							issued.
O.C.G.A. §
										50-13A-17.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.28 - Transfer of the Record to Appellate Court

Current through Rules and Regulations filed through June 27, 2024
(a) Within 30 days after the service of the
						petition for judicial review or within further time allowed by the Superior
						Court of Fulton County, the Clerk shall compile and certify the entire record
						of the proceeding under review, including the transcript of any hearing or
						trial and any documents filed under seal. The Tribunal Judge may fix a fee, not
						in excess of the fees charged and collected by the clerks of the superior
						courts of this state, for compiling such record or for copying or certifying
						any other documents.
(b) By
						stipulation of all parties to the review proceedings, the record may be
						shortened. A party unreasonably refusing to stipulate to limit the record may
						be taxed by the reviewing court for the additional costs.
O.C.G.A. §§
										50-13A-12(c), 17(d).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.29 - Publication of Orders of the Tax Tribunal

Current through Rules and Regulations filed through June 27, 2024
Except as to Orders issued in Small Claims Division
							proceedings, all final judgments of the Tax Tribunal shall be indexed and
							published in such print or electronic form as the chief tribunal judge deems
							best adapted for public convenience. Such publications shall be made
							permanently available and constitute the official reports of the Tax
							Tribunal.
O.C.G.A. §
										50-13A-15(d).
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.30 - Appearance by Attorneys; Signing of Pleadings

Current through Rules and Regulations filed through June 27, 2024
(a) Except as authorized in Section
						  616-1-3-.07  of this Chapter or where
						authorized by law, no person shall represent any party in a proceeding before a
						Tribunal Judge unless the person is an active member in good standing of the
						State Bar of Georgia and has filed an entry of appearance in the case in the
						attorney's individual name. An entry of appearance shall not be required by any
						attorney of record whose name appears on the petition or response filed
						pursuant to Section
						  616-1-3-.03  of this
						Chapter.
(b) Nonresident attorneys
						who are not active members of the State Bar of Georgia may be permitted to
						appear
pro hac vice
before a Tribunal Judge in isolated cases
						in the discretion of the Tribunal Judge. A motion to appear in a particular
						case shall state the jurisdiction in which the nonresident attorney regularly
						practices and state that the nonresident attorney agrees to behave in
						accordance with the Georgia standards of professional conduct and the duties
						imposed upon attorneys by O.C.G.A. §
									15-19-4.
(c) Every pleading, motion, or other paper of
						a party represented by an attorney shall be signed by at least one attorney of
						record in the attorney's individual name, whose address shall be stated. A
						party who is not represented by an attorney shall sign the party's pleadings
						and state the party's address. The signature of an attorney constitutes a
						certificate by the attorney that the attorney has read the pleading and that it
						is not interposed for any improper purpose, including, but not limited to,
						delay or harassment. If a pleading, motion, or other paper is signed in
						violation of this Rule, a Tribunal Judge, upon motion of any party or upon the
						Tribunal Judge's own motion, shall impose upon the person who signed it, a
						represented party, or both, an appropriate sanction, including, but not limited
						to, dismissal.
O.C.G.A. §§
										50-13A-15(b),  50-13A-19.
Compilation of Rules and Regulations of the State of Georgia › Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS › Chapter 616-1 › Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL › Rule 616-1-3-.31 - Attorney Withdrawals; Leaves of Absence

Current through Rules and Regulations filed through June 27, 2024
Attorneys of record shall follow the Uniform Rules for the
							Superior Courts for withdrawals and leaves of absence.
O.C.G.A. §§
										50-13A-15(b),  50-13A-19.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-1 - ADMINISTRATION AND ORGANIZATION › Rule 620-1-.01 - Administration

Current through Rules and Regulations filed through June 27, 2024
All Rules relating to the administration of the Georgia
				Structural Pest Control Commission shall be administered by the Commissioner of
				Agriculture of the State of Georgia, whose office is located at 19 Martin
				Luther King, Jr. Drive, Atlanta, Georgia, 30334.
O.C.G.A.
				  43-45-7.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-1 - ADMINISTRATION AND ORGANIZATION › Rule 620-1-.02 - Organization of Commission

Current through Rules and Regulations filed through June 27, 2024
The Georgia Structural Pest Control Commission shall consist of
				seven (7) members, as follows: the Head of the Department of Entomology of the
				University of Georgia, or some qualified person of said department designated
				by him; the Commissioner of the Georgia Department of Agriculture, or some
				qualified employee of said Department designated by him; the Commissioner of
				the Georgia Department of Public Health, or some qualified employee of said
				Department designated by him; three residents of Georgia who are currently
				certified under this Act and who are actively engaged in the pest control
				industry; and one person having a recognized interest in consumer affairs and
				protection, but who has no connection whatsoever with the pest control
				industry. The latter four members shall be appointed by the Commissioner of
				Agriculture.
O.C.G.A. §
										43-45-3.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-2 - GENERAL › Rule 620-2-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1955, pp. 564,
				565; Ga. L. 1957, pp. 299, 300; Ga. L. 1960, pp. 813, 814; Ga. L. 1976, p. 310;
				Ga. L. 1977, pp. 703-710.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-3 - LICENSING › Rule 620-3-.03 - Recertification

Current through Rules and Regulations filed through June 27, 2024
As a condition for biennial renewal of operator certification
				under the Act, all certified operators shall be subject to recertification
				every five (5) years under the standards contained in Title 40, Code of Federal
				Regulations, 171.4(b),171.4(c)(7) and 171.6, as applicable. Certified Operators
				shall complete one of the following requirements prior to expiration of the
				five (5) year certification period:
(a) Accumulate hours of creditable training
			 at the rate of twenty five (25) hours in Wood Destroying Organisms, twenty five
			 (25) hours in Household Pest Control, and twelve (12) hours in Fumigation. Such
			 creditable training may consist of Commission approved seminars, short courses,
			 workshops or other privately or publicly sponsored training programs that cover
			 changes in technology and other subject matter necessary to insure continued
			 operator competence. Computer based training shall be limited to no more than
			 10 hours for Wood Destroying Organisms, 10 hours for Household Pest Control,
			 and 5 hours for Fumigation. All creditable recertification training must be
			 completed at least ninety (90) days prior to the expiration date of the
			 operator certification.
(b) Pass a
			 written examination.
O.C.G.A. Secs.
				  43-45-8,  43-45-16.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-3 - LICENSING › Rule 620-3-.04 - Revocation of License, Certification or Registration

Current through Rules and Regulations filed through June 27, 2024
(1) A license, certification or registration
			 may be suspended, canceled or revoked by the Commissioner, after notice and
			 hearing, in accordance with requirements of the Georgia Administrative
			 Procedure Acts for any violation of the Act or any rule promulgated thereunder,
			 including, but not limited to:
(a)
			 Misrepresentation for the purpose of defrauding, deceiving, or defrauding
			 another;
(b) Making a false
			 statement with knowledge of its falsity for the purpose of inducing another to
			 act thereon to his detriment;
(c)
			 Using methods or materials that are not suitable; or using any pesticide in a
			 manner inconsistent with its labeling or other restrictions imposed by the
			 Commission or Commissioner;
(d)
			 Failing to give the Commission or the Commissioner or his authorized
			 representative, upon request, true information regarding methods and materials
			 used, work performed, or other information essential to the administration of
			 the act.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-3 - LICENSING › Rule 620-3-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1955, pp. 564,
				573; Ga. L. 1960; pp. 813, 824.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-4 - ADVERTISING AND BONDS › Rule 620-4-.01 - Advertising and Bonds

Current through Rules and Regulations filed through June 27, 2024
(1) Use of licenses or registration cards for
			 any purpose other than identification is unlawful.
(2) No person shall make any claim in any
			 form of advertising that inspections or permits are required, authorized,
			 endorsed or approved by the Commission or any agency of the State or Federal
			 Government.
(3) While pest control
			 licensees are not required to maintain performance bonds, any licensee who
			 advertises or otherwise represents itself as being bonded shall:
(a) Maintain a master or blanket bond in an
			 amount equal to five (5) percent of the previous year's gross sales or gross
			 liability assumed during the previous year, whichever is higher, up to a
			 maximum of $100,000 or;
(b) Provide
			 a separate bond for each job;
(c)
			 Advise each customer in writing, as a part of every proposal or contract,
			 whether or not such proposal or contract is covered by such bond;
(d) Submit to the Commission proof of the
			 existence and the type of bonding which the licensee has in force;
(e) Not advertise in any way that the
			 licensee is bonded, unless the licensee has complied with the foregoing
			 requirements.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-5 - PENALTIES › Rule 620-5-.01 - Crimes

Current through Rules and Regulations filed through June 27, 2024
Any person who shall violate any provision of this Act or any
				rule promulgated thereunder or who shall interfere with or obstruct any
				employee of the Enforcement Agency in the discharge of his duties, shall, upon
				conviction thereof, be guilty of a misdemeanor and shall be punished therefor
				as provided by law.
O.C.G.A.  43-45-23,  43-45-25.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-5 - PENALTIES › Rule 620-5-.02 - Injunction

Current through Rules and Regulations filed through June 27, 2024
The Commissioner is authorized to initiate action to enjoin any
				violation of this Act or any rule promulgated thereunder and such injunction
				may be maintained notwithstanding any other available legal remedies, including
				pending or completed criminal prosecution.
O.C.G.A.
				  43-45-20.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-6 - WOOD DESTROYING ORGANISMS › Rule 620-6-.01 - Definitions-Wood Destroying Organisms

Current through Rules and Regulations filed through June 27, 2024
(1) Approved pesticide or termiticide--means
			 a pesticide product currently registered by the Environmental Protection Agency
			 and/or the Georgia Department of Agriculture, whose label bears use directions
			 for the control of wood destroying organisms, and including any previously
			 registered pesticide whose use is permitted under the terms of a suspension or
			 cancellation order by the Administrator of EPA or the Commissioner.
(2) Comprehensive Soil Treatment--means the
			 treatment of soils and masonry voids at or near ground level establishing a
			 chemical treatment zone to protect a structure from attack from termites
			 consistent with the requirements of Rule
			  620-6-.04(1)(a).
(3) Conditions Conducive To Infestation--
			 means conditions that exist in a structure that favor the development of wood
			 destroying organisms. These are limited to: cellulosic material underneath a
			 building, wood in contact with the soil which has not been treated with
			 preservatives to a minimum preservative retention rate designed for ground
			 contact and ventilation of the under-floor space between the bottom of the
			 floor joists and the earth that does not meet the requirements of the
			 International Residential Building Code for one and two family dwellings, the
			 latest edition as adopted and amended by the Georgia Department of Community
			 Affairs.
(4) Defined Soil
			 Treatment--means the treatment of select areas of a structure as directed and
			 permitted by a product's label directions to protect a structure from attack
			 from termites consistent with the requirements of Rule
			  620-6-.04(1)(b).
(5) Structure--means any building, regardless
			 of its design or the type of material used in its construction, whether public
			 or private, vacant or occupied, and adjacent outside areas.
(6) Wood Destroying Organisms Control--means
			 the application of any and all measures for the purpose of controlling
			 termites, powder post beetles, wood boring beetles, wood destroying fungi and
			 any other wood destroying organism in structures and/or adjacent outside
			 areas.
O.C.G.A. Sec.
				  43-45-8.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-6 - WOOD DESTROYING ORGANISMS › Rule 620-6-.02 - Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) Every licensee
			 shall issue a written contract to the property owner or owner's agent covering
			 each job of Wood Destroying Organisms Control, setting forth the following:
(a) The specific type of minimum adequate
			 control measure as defined in
			  620-6-.04.
(b) The effective date and the contract
			 period;
(c) A diagram consisting of
			 a reasonable depiction of the structure(s) to be treated, indicating the
			 location of any visible active or previous infestation;
(d) The price to be charged, including an
			 estimate of the cost of repairs, replacements or excavation, when such repairs,
			 replacements or excavation are related to the control of Wood Destroying
			 Organisms and are to be performed by the licensee;
(e) The specific terms of any guaranty or
			 warranty and whether they apply to retreatment or repair of damages. Any
			 contract for Wood Destroying Organism Jobs that offers any type of guaranty or
			 warranty shall contain at the top of the first page one of the following
			 statements, in at least one-eighth (1/8) inch letters and blocked in with a
			 heavy black line:
1. This contract provides
			 for retreatment of a structure but does not provide for the repair of damages
			 caused by wood destroying organisms.
2. This contract provides for retreatment of
			 a structure and the repair of damages caused by wood destroying organisms
			 within the limits stated in this contract.
(f) If the licensee has an approved bond,
			 whether or not the work under the contract is to be covered by the bond, and
			 the details of coverage expressed in terms identical to those in the bond
			 itself;
(g) Specific conditions for
			 renewal including:
1. the amount of the
			 renewal fee;
2. the number of years
			 over which the renewal fee will remain fixed;
3. whether or not reinspections of the
			 structure(s) under contract are to be made, and the approximate
			 interval.
(h) Any
			 provision for a limitation of liability based upon any modification or addition
			 to the structure as depicted in the diagram referenced in subsection (b) above
			 shall be set forth in the contract so that the homeowner understands that he is
			 responsible for notifying the pest control company of any modifications or
			 alterations which are made during any contract period.
(i) Contracts for residential structures, not
			 exceeding two (2) units, may not limit the area to be
			 treated.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-6 - WOOD DESTROYING ORGANISMS › Rule 620-6-.03 - Official Georgia Wood Infestation Inspection Report

Current through Rules and Regulations filed through June 27, 2024
(1) The Official Georgia Wood Infestation
			 Inspection Report shall be the written instrument for the purpose of certifying
			 that a structure is apparently free from wood destroying organisms as a basis
			 for transfer of real property and shall be issued only by a pest control
			 operator certified in Wood Destroying Organisms. Such instrument shall carry a
			 guarantee that, if an infestation of wood destroying organisms from which
			 apparent freedom is certified, is found within ninety (90) days from date of
			 issuance, the infested structure(s) shall be treated by the licensee, free of
			 charge subject to the following:
(a)
			 Subterranean Termites - Structures will receive a full minimum adequate
			 treatment pursuant to Paragraph
			  620-6-.04. However, if a structure has
			 received a full minimum adequate treatment within the past one (1) year, a
			 partial treatment may be made to at least 10 feet in either direction of any
			 and all areas of termite infestation except as defined in Rule
			  620-6-.07(5).
(b) Powder Post Beetles and Wood Boring
			 Beetles - Structures will receive a minimum adequate treatment pursuant to
			 Paragraph
			  620-6-.04(3).
(c) Wood Decaying Fungi - Structures will
			 receive a minimum adequate treatment pursuant to Paragraph
			  620-6-.04(4).
(d) Dry Wood Termites - Structures will
			 receive a minimum adequate treatment pursuant to Paragraph
			  620-6-.04(5).
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-6 - WOOD DESTROYING ORGANISMS › Rule 620-6-.05 - Inspection

Current through Rules and Regulations filed through June 27, 2024
The enforcement agency may inspect any property or structure
				treated or being treated for the control of wood destroying organisms and may
				collect samples of any treated material including soil to determine if
				treatment conforms to the Minimum Adequate Subterranean Termite Control as
				specified in this Chapter. Samples shall be taken as follows and analyzed by
				methods approved by the Commissioner:
(a) A single unit of use of the pesticide as
			 purchased or a representative sample of the pesticide shall be taken from the
			 original container in which it was purchased.
(b) A minimum of four (4) ounces of the
			 diluted solution or emulsion shall be taken from the tank or sprayer in which
			 the diluted pesticide is stored or from which it is being applied.
(c) A composite sample shall be taken for
			 assay from any soil required to be treated for the control of termites under
			 the provisions of this Chapter to determine if treatment conforms to the
			 minimum requirements, as follows:
1. A
			 subsample or core shall be taken from each ten (10) linear feet of treated soil
			 or fraction thereof, up to a maximum of thirty (30) cores, along the inside and
			 outside of the foundation wall, along the perimeter of the slab, or from the
			 treated areas around pillars, chimneys and the like. In cases where treated
			 area exceeds 300 linear feet, the thirty (30) cores shall be equally spaced
			 throughout the treated area.
2.
			 Cores shall be taken at approximately ten (10) foot intervals and shall be
			 taken no more than four (4) inches from the foundation wall or other structural
			 part.
3. Approximately two (2)
			 inches of soil shall be removed from the soil surface where each core is to be
			 taken.
4. A vertical core
			 approximately three quarters of an inch (3/4") in diameter and four (4) inches
			 deep shall be taken.
5. All cores
			 shall be composited in a polyethylene bag, sealed, labeled and sent to the
			 Enforcement Agency for chemical analysis.
6. Any termite treatment, applied for the
			 purpose of creating a soil barrier, shall be considered inadequate and the
			 entire structure shall be retreated by the licensee within thirty (30) days
			 after notification to the licensee by the Enforcement Agency, if within six (6)
			 months from the date treatment is completed the composite sampling of the
			 treated area is found to have a termiticide residue less than one (1) part per
			 million for each 0.01% of the treatment solution applied. In no case shall the
			 pesticide solution applied be less than the minimum concentration specified on
			 the product label.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-6 - WOOD DESTROYING ORGANISMS › Rule 620-6-.06 - Reports

Current through Rules and Regulations filed through June 27, 2024
(1) All Designated
			 Certified Operators shall maintain by month records covering all Wood
			 Destroying Organisms jobs completed, each Official Georgia Wood Infestation
			 Inspection Report issued and each new contract issued on the basis of a
			 previous treatment. Such records shall include the information listed below,
			 shall be retained in the office of the Licensee for at least two (2) years from
			 the date the record is created and shall be open to inspection by or furnished
			 to the Commission or Commissioner upon request:
(a) The name of the owner and the complete
			 physical address of the treated structure;
(b) The pest(s) and type of structure
			 treated;
(c) The date the job or
			 inspection was completed;
(d)
			 Notation of any deviation from the Minimum Adequate Treatment Standards as
			 prescribed in
			  620-6-.04, along with an Official
			 Waiver form signed by the property owner or his agent.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-7 - HOUSEHOLD PEST CONTROL › Rule 620-7-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Household Pest
			 Control-means the application of any and all measures, including pesticide
			 other than a fumigant, for the purpose of controlling pests such as ants,
			 clothes moths, fleas, flies, roaches, rodents, ticks and any other pests other
			 than wood destroying organisms in any structure.
(2) Structure-means any building, regardless
			 of its design or the type of material used in its construction, whether public
			 or private, vacant or occupied, and any adjacent outside area.
O.C.G.A. Secs.
				  43-45-8.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-7 - HOUSEHOLD PEST CONTROL › Rule 620-7-.02 - General Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Only those pesticides registered with the
			 Environmental Protection Agency and/or the Georgia Department of Agriculture
			 shall be permitted for use in Household Pest Control.
(2) All pesticides shall be used consistent
			 with all directions, instructions and precautions on their labeling.
(3) A Household Pest Control contract shall
			 be issued on all household pest control jobs in accordance with requirements of
			 the Fair Business Practices Act of 1975, and the rules of the Federal Trade
			 Commission,  16 C.F.R. 429, including disclosure by the licensee of the three
			 (3) day right of cancellation. The terms of any contract extension beyond the
			 original terms shall be indicated on the contract.
O.C.G.A. Secs.
				  43-45-8,  43-45-16.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-7 - HOUSEHOLD PEST CONTROL › Rule 620-7-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-45-8,  43-45-16.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-7 - HOUSEHOLD PEST CONTROL › Rule 620-7-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1955, pp. 564,
				568; Ga. L. 1957, pp. 299, 301; Ga. L. 1960, pp. 813,
				817.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-7 - HOUSEHOLD PEST CONTROL › Rule 620-7-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1955, pp. 564,
				572; Ga. L. 1960, pp. 813, 823.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-8 - FUMIGATION › Rule 620-8-.01 - Definitions of Fumigation Terms

Current through Rules and Regulations filed through June 27, 2024
(1) Fumigant-means any substance or
			 combination of substances which emits or liberates a gas, fume, or vapor and
			 which is applied for the purpose of destroying insects, rodents or other pests
			 in Structural Pest Control. For the purpose of this Chapter, the term does not
			 include paradichlorobenzene, naphthalene, aerosol dispersions not containing a
			 gas nor any product which produces a fog, smoke or mist.
(2) Fumigation-means the application of a
			 fumigant to any structure or enclosed space, or to any compartment thereof, as
			 a specified concentration, and exposure period for the purpose of controlling
			 insects, rodents, or other pests.
(3) Enclosed Space-means any structure or
			 other confined area, including, but not limited to, homes, residential or
			 commercial buildings, hospitals, schools, churches, warehouses, railroad cars,
			 trucks, ships, aircraft, or other common carriers. It also includes any special
			 room, vaults, tanks, or chambers used for a fumigation operation.
(4) Fumigation Operation-means all
			 preparations for, issuance of appropriate notifications and warnings, the
			 release of the fumigant, and all post-fumigation requirements, as specified in
			 this Chapter.
(5)
			 Operator-In-Charge-means a Certified operator, authorized to perform or
			 supervise fumigation operations.
(6) Spot Fumigation-means the application of
			 a fumigant to a localized area, item, or harborage within a structure or
			 enclosed space.
(7) Structure-means
			 any building, regardless of its design or type of material used in its
			 construction, whether public or private, vacant or occupied.
(8) Unauthorized Personnel-means any person
			 who is not a member of the crew performing a fumigation operation.
O.C.G.A. Secs.
				  43-45-8
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-8 - FUMIGATION › Rule 620-8-.02 - Notification Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) The Licensee shall provide the
			 Enforcement Agency and the local fire and police departments having
			 jurisdiction with the information specified below, before performing fumigation
			 of any residential or commercial building or other potentially habitable
			 structure:
(a) Location of the structure or
			 enclosed space to be fumigated;
(b)
			 Type of structure or enclosed space and its current use;
(c) Name of the fumigant to be
			 used;
(d) Date, time of release,
			 and approximate exposure period;
(e) Name of the Operator-In-Charge and his
			 day and night telephone numbers.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-8 - FUMIGATION › Rule 620-8-.03 - Fumigation Crew

Current through Rules and Regulations filed through June 27, 2024
The fumigation of any residential or commercial building or any
				other structure which the operator may be reasonably expected to enter at any
				time during the fumigation operation and exposed to toxic concentrations of the
				fumigant, shall require a crew of at least two (2) persons, one of whom shall
				be the Operator-In-Charge.
O.C.G.A. Sec.
				  43-45-8.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-8 - FUMIGATION › Rule 620-8-.04 - Responsibilities of Operator-In-Charge

Current through Rules and Regulations filed through June 27, 2024
(1) The Operator-In-Charge shall:
(a) Provide a written warning to a
			 responsible occupant of any structure to be fumigated at least three (3) hours
			 prior to release of the fumigant, or post such notice on all regular entrances
			 to such building.
(b) Personally
			 supervise all preparations of the structure, including the posting of a sign on
			 all normal ground level entrances, with at least one (1) sign on each side of
			 the structure to be fumigated. Such sign shall be printed in indelible and
			 water insoluble red ink or paint on a white background. The words "DANGER" and
			 "DEADLY POISON" shall be in black letters at least two (2) inches high and sign
			 shall conform to the following format:
Skull and Crossbones
DANGER Fumigation With (Name of Fumigant)
Skull and Crossbones
DEADLY POISON
ALL PERSONS ARE WARNED TO KEEP AWAY
Name of Fumigator
				__________________________________________________________
Address
				__________________________________________________________
Telephone
				__________________________________________________________
Operator-In-Charge
				__________________________________________________________
Day Phone ___________________________ Night Phone
				____________________________
(c) Make a final inspection before releasing
			 the fumigant and personally confirm that all preparations have been completed,
			 including:
1. That no human beings or
			 domestic animals are present within the structure or enclosed space to be
			 fumigated or in any other structure or enclosed space physically joined or in
			 contact with the structure or enclosed space to be fumigated.
2. That all open flames, pilot lights or oil
			 lamps have been appropriately extinguished.
3. That all doors, windows (unless otherwise
			 specified on the product labeling) and other means of access are locked or
			 barred and that all keys are in his possession.
4. That all foods or other materials subject
			 to contamination by the fumigant have been removed from the structure or
			 enclosed space, or sealed in six (6) mil polyethylene bags.
5. That all personnel engaged in the
			 fumigation operation are outside the structure or enclosed space to be
			 fumigated.
6. That a capable, alert
			 watchman is present and will remain present at the fumigation site to prevent
			 entry of any unauthorized person until the exposure period has elapsed,
			 ventilation has been completed and the Operator-In-Charge has declared the
			 structure or enclosed space to be safe for human occupancy.
(d) Be responsible for insuring
			 that all safety precautions and appropriate application procedures are applied
			 by any uncertified employee who performs spot fumigation under his
			 supervision.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-8 - FUMIGATION › Rule 620-8-.05 - Exemptions

Current through Rules and Regulations filed through June 27, 2024
Prior notification to the Enforcement Agency and local fire and
				police departments and the posting of a watchman shall not be required for
				fumigation of aircraft, railroad cars, tanks, trucks, or other common carrier,
				or any chamber, vault or special room specially designed for
				fumigation.
O.C.G.A. Sec.
				  43-45-8.
Compilation of Rules and Regulations of the State of Georgia › Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION › Chapter 620-8 - FUMIGATION › Rule 620-8-.06 - Enforcement

Current through Rules and Regulations filed through June 27, 2024
If, during the term of any contract covering fumigation of a
				structure, an infestation is found of any pest for whose control the fumigation
				was performed, no liquid spot treatment shall be allowed by the licensee; and
				such structure shall be fumigated again by the licensee at no cost to the
				owner.
O.C.G.A. Sec.
				  43-45-8.