reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-8 - SCHOOLS › Rule 55-8-.01 - Schools

Current through Rules and Regulations filed through June 27, 2024
(1) Schools of auctioneering seeking approval must provide the Commission with the following information:
(a) Completed application on a form approved by the Commission and required fee. (See fee schedule.)
(b) Submit evidence that all instructors in the school have a minimum of five years of experience in the auction profession, or in a profession directly related to the instruction material;
(c) Submit evidence of a policy requiring students to spend at least 80 credit hours in class and 10 days in attendance, and to be completed within an 80-day calendar period for certification of graduation from the school;
(d) Submit a copy of the written examination required for certification of graduation from the school, the testing policy, and the passing score for the test; and
(e) Submit a curriculum which contains a minimum of 80 credit hours earned in not less than ten (10) days which must include the following subjects:
1. Bid calling;
2. Georgia law, rules and regulations governing the profession of auctioneering;
3. Ethics;
4. Laws relating to bulk sales and the uniforms commercial code as it relates to auctioneering;
5. Advertising;
6. Contracts; and
7. Accounting and bookkeeping procedures, and final settlements. Other subjects that may be included in the curriculum are: antiques and furniture, art, automobiles, bankruptcy, estates, business liquidations, farm equipment, heavy machinery, jewelry, livestock, real estate, tobacco, set-up, conducting, personnel, and personal hygiene.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-9 - CONTINUING EDUCATION › Rule 55-9-.01 - Continuing Education

Current through Rules and Regulations filed through June 27, 2024
When an auctioneer makes application for renewal of a license, the licensee shall submit with the renewal form, proof, in a form acceptable to the Commission, that the licensee has acquired Commission approved Continuing Education. Continuing Education shall not be required of company licensee holders unless the company owner is a licensed auctioneer. This provision takes effect after the 1991 renewal period.
O.C.G.A. Secs. 43-6-7, 43-6-11.2.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-9 - CONTINUING EDUCATION › Rule 55-9-.02 - Hour Requirement

Current through Rules and Regulations filed through June 27, 2024
Renewal of a license shall not be granted unless the licensee submits satisfactory proof of at least eight (8) hours of Commission-approved Continuing Education within the previous 24 months.
O.C.G.A. Secs. 43-1-19, 43-1-24, 43-1-25, 43-6-7, 43-6-11.2.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-9 - CONTINUING EDUCATION › Rule 55-9-.03 - Commission Approval of Continuing Education

Current through Rules and Regulations filed through June 27, 2024
In the discretion of the Commission, the following types of educational activities and credits may be granted:
(a) Any seminar underwritten by the Commission or its representative (hour for hour).
(b) Any seminar sponsored by the National Auctioneers Association or any State Auctioneers Association that is acknowledged by the National Auctioneers Association (hour for hour);
(c) Courses related to the profession of auctioneering given by any certified institution of higher learning or Commission-approved auction school (hour for hour per course);
(d) Presentation of an auctioneer-related paper for a seminar or conference prepared and presented by the licensee (approval and credit determined by the Commission);
(e) Instruction at any Commission-approved seminar or auction school (course outline must be approved by the Commission);
(f) Publication of an auctioneer-related article in a Commission-recognized professional journal (approval and credit determined by the Commission);
(g) Internet, electronic or home study course. Providers of Internet, electronic or home study courses must meet the same requirements as listed in paragraphs (a), (b), and (c) above; and
(h) CE providers of any sort shall provide written proof of attendance and/or completion of CE courses to all attendees and electronic lists of attendees and/or completion to Commission in a format approved by the Commission.
O.C.G.A. Secs. 43-1-19, 43-1-24, 43-1-25, 43-6-7, 43-6-11.2, 43-6-22.1.
Compilation of Rules and Regulations of the State of Georgia › Department 55 - GEORGIA AUCTIONEERS COMMISSION › Chapter 55-10 - ABSOLUTE AUCTION › Rule 55-10-.01 - Absolute Auction

Current through Rules and Regulations filed through June 27, 2024
(1) No auction shall be advertised as "absolute" nor shall any advertising contain the words "absolute auction" or the word "absolute" or words with similar meaning nor shall any licensee offer or sell any property at absolute auction unless:
(a) There are no liens or encumbrances on the property, except current tax obligations, easements, or restrictions of record, in favor of any person, firm, or corporation other than the seller, or unless each and every holder of each and every lien and encumbrance, by execution of the auction listing contract, or otherwise furnishing to the auctioneer written evidence of a binding commitment therefor, shall have agreed to the unqualified acceptance of the highest bid for the property, without regard to the amount of the highest bid or the identity of the high bidder; or, alternatively, that a financially responsible person, firm, or corporation, by execution of the auction listing contract or by otherwise furnishing to the auctioneer written evidence of a binding commitment therefor, shall have absolutely guaranteed the forthwith and complete discharge and satisfaction of any and all liens and encumbrances immediately after the sale or at the closing, without regard to the amount of the highest bid received, or the identity of the high bidder; and
(b) There is the bona fide intention at the time of the advertising and at the time of the auction sale, to transfer ownership of the property, regardless of the amount of the highest and last bid, to the high bidder, that intent existing without reliance on any agreement that any particular bid or bid level must be made or be reached, below which level the property would not be transferred to the high bidder; and
(c) The auction listing contract contains a binding requirement that the sale be conducted without reserve, by specific inclusion of an acknowledgment by the seller that the seller, or anyone acting upon behalf of the seller, shall not bid at the absolute auction, or otherwise participate in the bidding process.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › 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 60-1-1 entitled "Rules Governing Escrow Payments from Non-Participating Tobacco Product Manufacturers" has been adopted. Filed December 10, 2004; effective December 30, 2004.
Rules  60-1-1-.03,  .05, and  .07  have been amended. Rules  60-1-1-.11,  .12,  .13,  .14, and  .15  have been repealed and new Rules, new titles adopted. Rules  60-1-1-.16  and  .17  have been adopted. Filed July 30, 2010; effective August 19, 2010.
Chapters 60-2 entitled "Consumer Protection Unit", 60-2-1 entitled "Georgia Lemon Law", 60-2-2 entitled "Mail Order Merchandise", 60-2-3 entitled "Cooling-off Period for Door-to-Door Sales", 60-2-4 entitled "Negative Option Plans", 60-2-5 entitled "Preservation of Consumers' Claims and Defenses" adopted. F. May 16, 2016; eff. June 5, 2016.
Chapter 60-2 title changed from "Consumer Protection Unit" to "Consumer Protection Division." As cited by the Agency in the Certification Page,
".There were no rule amendments required as a result of the title change."
F. Oct. 25, 2022; eff. Nov. 14, 2022.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
(1) The office and duties of the Attorney General are established by the Georgia Constitution, Article V, Section III. The authority of the Attorney General to promulgate rules and regulations necessary to effect the purposes of O.C.G.A. Section 10-13A-1
et seq.
is set forth in O.C.G.A. Sections 10-13A-7(e)  and 10-13A-9(d). Matters relating to these rules are handled by the Consumer Interests Section, Department of Law.
(2) The public may obtain information regarding these rules or make submissions or requests by contacting the Consumer Interest Section, Department of Law, 40 Capitol Square, Atlanta, Georgia 30334, phone (404) 656-3202.
Ga. Constitution Article V, Sec. III, O.C.G.A. Secs. 10-13A-7, 10-13A-9.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.02 - Purpose

Current through Rules and Regulations filed through June 27, 2024
The purpose of these Rules is to promote compliance with O.C.G.A. §
									10-13-1,
et seq.
("Chapter 13") and O.C.G.A. §
									10-13A-1,
et seq.
("Chapter 13A") by establishing guidelines for yearly and quarterly certifications and escrow deposits. The Attorney General is authorized to require Non-Participating tobacco product manufacturers to make quarterly escrow deposits during the year in which the sales covered by such deposits are made.
O.C.G.A. Secs. 10-13A-7, 10-13A-9.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Brand Family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to,"menthol","lights","kings," and "100s," and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
(2) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b) tobacco in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(c) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(d) "roll-your-own" tobacco. For purposes of this definition, 0.09 ounces of "roll-your-own" tobacco constitutes one individual "cigarette."
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.05 - Quarterly Escrow Deposits

Current through Rules and Regulations filed through June 27, 2024
In addition to the requirements of Rule  60-1-1-.04  above, all Non-Participating Manufacturers shall make escrow deposits on a quarterly basis.
O.C.G.A. Sec. 10-13A-7.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.06 - Deadline for Quarterly Escrow Deposits

Current through Rules and Regulations filed through June 27, 2024
All Non-Participating Manufacturers must deposit quarterly escrow payments into a Qualified Escrow Account no later than thirty (30) days after the end of the quarter in which the sales are made.
O.C.G.A. Sec. 10-13A-7.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.07 - Deadline for Submitting Quarterly Certification and Notifying the Attorney General of Quarterly Escrow Deposit

Current through Rules and Regulations filed through June 27, 2024
All Non-Participating Manufacturers must provide the Attorney General with a quarterly certification in the form prescribed by the Attorney General in Rule  60-1-1-.15(3)  along with official notification from the escrow agent of the quarterly escrow deposit. The quarterly certification and official notification must be submitted no later than ten (10) days after the deadline for payment of the quarterly escrow deposit. For example, the escrow deposit for sales made in January, February, and March is due April 30 of the same year, and the quarterly certification and official notification of such deposit are due May 10 of the same year.
O.C.G.A. Sec. 10-13A-7.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.08 - Quarterly Periods Defined

Current through Rules and Regulations filed through June 27, 2024
For purposes of this subchapter, the calendar year shall be divided into the following quarters: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.
O.C.G.A. Sec. 10-13A-7.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.09 - Calculating Escrow Deposits

Current through Rules and Regulations filed through June 27, 2024
For purposes of this chapter, Non-Participating Manufacturers who are required to make escrow deposits must place into a qualified escrow account, within the time specified in this chapter, the following amounts (as such amounts are adjusted for inflation):
(a) For each of 2003 through 2006: $.0167539 per unit sold; and
(b) For each of 2007 and each year thereafter: $.0188482 per unit sold.
O.C.G.A. Secs. 10-13-3, 10-13A-7.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.10 - Burden of Establishing Units Sold and Entitlement to Be Listed in the Directory

Current through Rules and Regulations filed through June 27, 2024
(1) A written determination of the Attorney General to exclude or to remove from the directory a brand family or tobacco product manufacturer may be appealed to the Office of State Administrative Hearings. The notice of appeal shall be sent by certified mail, return receipt requested, addressed to "Section Chief, Consumer Interests Section, Department of Law," and must be received no later than thirty days from the date of notice of such written decision from the Attorney General.
(2) The burden of proof shall be on the tobacco product manufacturer to establish the number of units sold in Georgia in any particular quarter or year.
(3) The burden of proof shall be on the tobacco product manufacturer to establish that it or a particular brand family is entitled to be listed in the Directory.
O.C.G.A. Secs. 10-13A-3, 10-13A-9.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.11 - Appeal Procedures

Current through Rules and Regulations filed through June 27, 2024
(1)Within a reasonable period after receipt of a notice of appeal, the Attorney General shall transmit the appeal to the Office of State Administrative Hearings for hearing and initial decision.
(2) Within thirty (30) days from the initial decision by the Office of State Administrative Hearings, the Attorney General shall either issue his own final decision, allow the OSAH decision to become his final decision by operation of law, or extend the time for final decision pursuant to Section 50-13-17(c).
(3) Any party dissatisfied with the initial decision must request review by the Attorney General within fifteen (15) days from the initial decision. The request for review should include a proposed final decision with citations to the administrative record as appropriate, and supporting brief, if desired. The opposing party shall submit its response, or its own proposed final decision, if any, within ten (10) days of the request for review.
(4) On review from the initial decision of the representative of the Office of State Administrative Hearings, the Attorney General shall have all the powers he or she would have in making the initial decision and, if deemed advisable, may take additional testimony or remand the case to the hearing representative for such purpose.
(5) A final decision or order in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise statement of the underlying facts supporting the findings. A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his attorney of record.
(6) The Attorney General shall render a final decision in contested cases within 30 days after the close of the record required by Code Section 50-13-17 except that the Attorney General, by order, may extend such period in any case in which he or she shall find that the complexity of the issues and the length of the record require an extension of the period, in which event a decision shall be rendered at the earliest date practicable.
(7) Appeal of the final decision of the Attorney General shall be made in accordance with O.C.G.A. §
									50-13-19.
O.C.G.A. Secs. 10-13A-3(c), 10-13A-7, 10-13A-9(d), 50-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.12 - Grounds for Denial of Listing in the Directory or Removal from the Directory

Current through Rules and Regulations filed through June 27, 2024
In addition to all other grounds for removal or denial of listing in the Directory stated in this Rule or in Chapters 13 and 13A, the Attorney General may deny listing of a Tobacco Product Manufacturer and/or Brand Family in the Directory, or remove a Tobacco Product Manufacturer and/or Brand Family from the Directory, on one or more of the following grounds:
(1) Manufacturer submitted incomplete quarterly or yearly certification, or failed to provide all information requested to determine compliance;
(2) Manufacturer made material misrepresentations in any information provided to the Attorney General or on any certification form;
(3) Manufacturer failed to establish a Qualified Escrow Account as defined in this Rule;
(4) Manufacturer failed to fully escrow for all units sold in Georgia in any quarter or year;
(5) Current or former Tobacco Product Manufacturers of a Brand or Brand Family failed to fully escrow for all units sold of such Brand or Brand Family in any quarter or year;
(6) Current or former manufacturer of Brand or Brand Family failed to submit all required certification forms in any quarter or year;
(7) Manufacturer has underreported the number of units sold in this state by ten (10) percent on two or more occasions (quarterly or yearly);
(8) Manufacturer is denied listing or removed from the Directory of another state;
(9) Manufacturer failed to fully pay escrow when due for sales in another state;
(10) Manufacturer failed to comply with federal or state laws or regulations governing the payment of federal or state excise tax on tobacco products; or
(11) The Attorney General's determination that the Manufacturer shares common management or ownership with a Tobacco Product Manufacturer or other party that has failed to satisfy its legal obligations under Chapter 13, Chapter 13A and these Rules, or has failed to satisfy its legal obligations under substantially similar laws or regulations of another state.
O.C.G.A. Secs. 10-13A-3(c), 10-13A-7, 10-13A-9(d).
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.13 - Untimely or Incomplete Quarterly Certification or Quarterly Escrow Deposits

Current through Rules and Regulations filed through June 27, 2024
If any quarterly or yearly escrow deposit is not made in full or if an accurate and fully completed certification with official notice of the escrow deposit is not provided to the Attorney General within the time required by law, the delinquent Non-Participating Manufacturer and its brand families may be removed from the Directory.
O.C.G.A. Secs. 10-13A-7, 10-13A-9.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.14 - Effective Date

Current through Rules and Regulations filed through June 27, 2024
These Amended Rules shall become effective 20 days after filing with the Secretary of State of Georgia.
O.C.G.A. Secs. 10-13A-7, 10-13A-9, 50-13-9.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.16 - Petitions to Enact, Amend or Repeal Rules

Current through Rules and Regulations filed through June 27, 2024
(a) A person whose legal rights are affected by these rules may petition the Attorney General to enact, amend or repeal any rule pertaining to Chapter 13 or Chapter 13A of Title 10.
(b) The petition must set forth the proposed new regulation or amendment, or identify the rule for which repeal is sought, and the reasons therefore. In addition, the petition must include the petitioner's name and address, and a statement of their interest in the matter. The petition shall be sent by certified mail, return receipt requested, addressed to "Section Chief, Consumer Interests Section, Department of Law."
(c) Within thirty days after receipt of such petition, the Attorney General shall deny the petition in writing, stating the reasons for the denial, or shall initiate rulemaking proceedings in accordance with O.C.G.A. §
									50-13-4.
O.C.G.A. Secs. 10-13A-7(e), 10-13A-9(d), 50-13-9.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-1 - CONSUMER INTEREST SECTION › Subject 60-1-1 - RULES GOVERNING ESCROW PAYMENTS FROM NON-PARTICIPATING TOBACCO PRODUCT MANUFACTURERS › Rule 60-1-1-.17 - Declaratory Rulings

Current through Rules and Regulations filed through June 27, 2024
(a) A person whose legal rights are affected by these rules may petition the Attorney General for a declaratory ruling on the applicability of these rules.
(b) Declaratory rulings shall not be made upon untrue, moot, contingent or hypothetical facts or situations, but only upon actual facts.
(c) The petition must be verified under oath, and must set forth all pertinent facts and evidence necessary to make a ruling, the name and address of the petitioner, a statement of the petitioner's interest in the ruling sought, and any legal authorities relevant to the ruling. The petition shall be sent by certified mail, return receipt requested, addressed to "Section Chief, Consumer Interests Section, Department of Law."
(d) The Attorney General shall dispose of a request for declaratory ruling as soon as practicable, or if it is determined that the requisites for a declaratory ruling are not present, shall issue a written explanation for such determination.
O.C.G.A. Secs. 10-13A-7(e), 10-13A-9(d), 50-13-11.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.01 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) All applications, records, correspondence, reports, and other documents or information filed with or produced to the Attorney General pursuant to the various provisions of the Act shall be maintained in accordance with approved record retention schedules, in original or other acceptable form.
(2) A copy of any original writing or record filed with or maintained by the Attorney General pursuant to the Act may be received into evidence if the original is not readily available.
O.C.G.A. §§
										50-13-15(2), 10-1-780
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.03 - Manufacturer Reporting Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1) Each manufacturer of motor vehicles sold or registered in this state must provide to the Attorney General, in writing, the name, title, mailing address, e-mail address, telephone number, and facsimile number of the manufacturer's representative or other designated representative responsible for each of the following:
(a) Submission of owner's manuals and express warranties for current year makes and models pursuant to O.C.G.A. §
										10-1-783(c).
(b) Submission of copies of repair orders or examination reports to the consumer, if not provided by the new motor vehicle dealer, pursuant to O.C.G.A. §
										10-1-783(d) and (e).
(c) Receipt of the consumer's final repair request notice pursuant to O.C.G.A. §
										10-1-784(a)(2)(A).
(d) Receipt of the consumer's motor vehicle repurchase or replacement request notice pursuant to O.C.G.A. §
										10-1-784(b)(1).
(e) Application for certification, if applicable, of an informal dispute settlement mechanism pursuant to O.C.G.A. §
										10-1-785(d).
(f) Receipt of notice of certification denial or revocation, if applicable, pursuant to O.C.G.A. §
										10-1-785(d) and (e).
(g) Receipt of notice that a consumer's application for arbitration has been deemed eligible pursuant to O.C.G.A. §
										10-1-786(b)(1).
(h) Receipt of an arbitration decision sent pursuant to O.C.G.A. §
										10-1-786(f).
(i) Receipt of notice that a consumer appealed the decision of the new motor vehicle arbitration panel in superior court pursuant to O.C.G.A. §
										10-1-787(a).
(j) Receipt of notice of noncompliance with an arbitration award pursuant to O.C.G.A. §
										10-1-787(d).
(k) Submission of notice that a motor vehicle has been reacquired, resold, leased, transferred or disposed of in this state pursuant to O.C.G.A. §
										10-1-790(b) and (c).
(l) Administration of manufacturer-dealer franchise agreement obligations pursuant to O.C.G.A. §
										10-1-792(b).
(m) Receipt of notice of a violation of the Georgia Lemon Law pursuant to O.C.G.A. §
										10-1-793(a).
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.04 - Lemon Law Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Each new motor vehicle dealer shall submit the following on a quarterly basis:
(a) a report, on a form prescribed by the Attorney General, containing the total number of new motor vehicles sold or leased during the quarter; and
(b) two (2) of the three (3) dollars collected for each new motor vehicle purchase or lease transaction.
The report shall be submitted whether or not a payment is due. Both the reports and payments shall be sent to an address designated by the Attorney General.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.05 - Lemon Law Rights Statement

Current through Rules and Regulations filed through June 27, 2024
(1) At the time of each purchase or lease of a new motor vehicle, the dealer shall provide the consumer with a written statement that explains the consumer's rights under the Georgia Lemon Law. This "Lemon Law Rights Statement" shall be a form prescribed by the Attorney General.
(2) The consumer shall sign and date the Lemon Law Rights Statement at the time of receipt of the vehicle. The name of the dealer's representative and the date on which the Statement was delivered to the consumer shall also be printed on the Statement. The dealer shall retain a legible copy of the signed Statement at its primary place of business for a period of at least three (3) years.
O.C.G.A. §§
										10-1-783(b), 10-1-795.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.06 - Duties of the Manufacturer with a Certified Mechanism

Current through Rules and Regulations filed through June 27, 2024
(1) The manufacturer shall include, either in its express warranty or in a separate section of materials accompanying each new motor vehicle sold or leased in Georgia, the following information about its certified mechanism:
(a) A statement of the availability of its certified mechanism and that it is provided free to the consumer;
(b) The name and address of its certified mechanism and a telephone number that consumers may use without charge;
(c) A statement of the requirement that the consumer must resort to its certified mechanism before requesting arbitration pursuant to O.C.G.A. §
										10-1-786;
(d) A statement that the consumer must file a claim with the manufacturer's certified mechanism no later than one (1) year after expiration of the lemon law rights period;
(e) A brief description of its certified mechanism's procedures, including the consumer's right to request and receive an oral hearing;
(f) A statement that the certified mechanism has forty (40) days to decide the dispute and that the decision of its certified mechanism is binding on the manufacturer, but not on the consumer;
(g) The types of information that its certified mechanism may require for the prompt resolution of disputes;
(h) Either a form addressed to its certified mechanism containing spaces for the information which the certified mechanism may require for prompt resolution of disputes or a telephone number for the certified mechanism which consumers may use without charge; and
(i) A statement indicating where additional information on its certified mechanism can be found in materials accompanying the new motor vehicle.
This information shall be displayed in a clear and conspicuous manner.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.07 - Certified Mechanism Organization

Current through Rules and Regulations filed through June 27, 2024
(1) The certified mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes. Consumers shall not be charged any fee for use of the certified mechanism.
(2)
(a) The manufacturer and the certified mechanism shall take all steps necessary to ensure that the certified mechanism's decision makers and staff are sufficiently insulated from, free from any influence of, and independent of the manufacturer.
(b) No decision maker or staff shall be a party to the dispute, an employee or agent of a party, a person who is currently a party in any legal action relating to a motor vehicle, or a person currently involved in the manufacturer, distribution, sale or lease of motor vehicles.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.09 - Certified Mechanism Records

Current through Rules and Regulations filed through June 27, 2024
(1) The certified mechanism shall maintain records on each dispute received. The records shall include:
(a) Name, address and phone number of the consumer;
(b) Name, address and phone number of the manufacturer's contact person;
(c) The date of receipt of notice of the dispute and the year, make, model and VIN of the motor vehicle involved in the dispute;
(d) All letters or other written documents submitted by either party;
(e) The name and qualifications of any independent technical expert used to perform a vehicle inspection;
(f) All other evidence relating to the dispute collected by the certified mechanism and available to the decision maker;
(g) The date of any withdrawal or settlement and, if applicable, a copy of the settlement;
(h) The decision issued, including information as to date, time, and place of the hearing, the identity of the decision maker(s) and the date of the decision;
(i) A copy of the decision, any correspondence notifying the parties of the decision and the consumer's acceptance or rejection of the decision;
(j) Copies of follow-up letters (or summaries of relevant and material portions of follow-up telephone calls) to both parties and responses thereto; and
(k) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.10 - Certified Mechanism Reports

Current through Rules and Regulations filed through June 27, 2024
(1) The certified mechanism shall compile statistics annually for each manufacturer for which it has been certified. The statistics shall be indexed by manufacturer and compiled for all disputes received between January 1 and December 31 each year.
(2) The statistics compiled by the certified mechanism shall show the number of disputes received during the year and the status of those disputes as of year end. The statistics shall show number and percent of disputes in each of the following categories:
(a) No jurisdiction;
(b) Withdrawn;
(c) Settled, vehicle repurchased;
(d) Settled, vehicle replaced;
(e) Settled, vehicle repaired;
(f) Settled, other remedy;
(g) Decided, vehicle repurchased;
(h) Decided, vehicle replaced;
(i) Decided, vehicle repaired;
(j) Decided, other remedy;
(k) Decided, no award; and
(l) Pending at the end of the year.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.11 - Certified Mechanism Openness of Records and Proceedings

Current through Rules and Regulations filed through June 27, 2024
(1) The certified mechanism proceedings to hear and decide disputes shall be open to observers on reasonable and nondiscriminatory terms.
(2) The certified mechanism shall establish written policies and procedures with regard to record retention and production. The policy shall be applied uniformly to all such requests for access to or copies of such records.
(3) The statistical summaries compiled by the certified mechanism pursuant to Rule  60-2-1-.10  shall be made available to any person for inspection and copying.
(4) The certified mechanism shall make available to any person upon demand, at no cost, information relating to the general qualifications of any decision maker or independent technical expert.
(5) The certified mechanism shall provide upon request by any party access to and copies of the records relating to the party's dispute. The certified mechanism may charge a reasonable cost for copies.
(6) All records required to be retained by the certified mechanism shall be accessible to the Attorney General either electronically or located in the state of Georgia, and shall be available to the Attorney General at no cost.
O.C.G.A. §§
										10-1-785, 10-1-795.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.12 - Certification and Recertification Process for Certified Mechanism

Current through Rules and Regulations filed through June 27, 2024
(1) Any manufacturer seeking certification of a mechanism under O.C.G.A. §
									10-1-785(d)  shall submit an application for certification to the Attorney General. The application shall include the following:
(a) The name, address and telephone number of the mechanism;
(b) The name, title, mailing address, e-mail address, telephone number and facsimile number of the representative for the mechanism responsible for submitting the application information;
(c) The address and telephone number of the Georgia location at which the mechanism records not electronically accessible to the Attorney General will be stored;
(d) The address and telephone number of all temporary or permanent locations in the state of Georgia at which the mechanism will hear and decide disputes;
(e) The mechanism's written dispute resolution procedures, including those required under Rule  60-2-1-.08;
(f) The vehicle makes about which the mechanism is authorized to hear and decide disputes;
(g) The program summary that the mechanism will utilize in deciding disputes; and
(h) Copies of all forms, form letters, written materials and any other standard materials that will be provided to, or completed by, the consumer, the manufacturer, the decision maker, the independent technical expert or any other person or source providing information in regard to a dispute.
The Attorney General may require additional information from a manufacturer.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.13 - Revocation of Certification of Certified Mechanism

Current through Rules and Regulations filed through June 27, 2024
(1) If the Attorney General believes or has cause to believe that a certified mechanism is not in compliance with O.C.G.A. §
									10-1-780
et seq.
or this Chapter, the Attorney General shall notify both the manufacturer and the certified mechanism, in writing, of his or her allegations of noncompliance. The notice shall specify a time period within which the manufacturer or its certified mechanism must correct the deficiencies.
(2) The Attorney General may, in his or her discretion, extend the time period for correction of the deficiency.
(3) If the deficiency or deficiencies have not been corrected and the manufacturer cannot show good cause why they were not corrected within the allotted time period, the Attorney General shall notify the manufacturer and its certified mechanism, in writing, of his or her intent to revoke certification. The written notice shall specify the areas of noncompliance and inform the manufacturer that it has ten (10) days from the receipt of the notice to submit a written request for hearing if it elects to contest the Attorney General's revocation. A request is "submitted" on the date it is faxed, placed in the United States mail, or sent by statutory overnight delivery. The manufacturer shall have the burden of proof as to compliance with this time frame.
(4) If the manufacturer fails to request the hearing within the ten (10) day period, the Attorney General shall issue a written order revoking certification of the mechanism. A copy of the order shall be sent to the manufacturer and the mechanism.
(5) If the manufacturer submits a timely request for hearing, a hearing shall be held in accordance with O.C.G.A §
									10-1-785(1). The mechanism shall remain certified until an order of revocation is issued or until the end of the existing term of certification or any extension thereof, whichever occurs first.
(6) If the certification of the manufacturer's mechanism is revoked, the manufacturer may not reapply for certification of any mechanism for a period of one (1) year from the date of revocation.
O.C.G.A. §§
										10-1-785, 10-1-795.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.14 - Prior Resort to Mechanism

Current through Rules and Regulations filed through June 27, 2024
(1) If the Attorney General revokes or denies the renewal of a mechanism's certification, or a manufacturer voluntarily discontinues use of its certified mechanism, a consumer may remove his or her pending dispute from the mechanism and apply for arbitration pursuant O.C.G.A. §
									10-1-786(a), provided that the arbitration application is filed within sixty (60) days from the date the consumer receives notice from the manufacturer in accordance with subsection (2) or one (1) year from the expiration of the lemon law rights period, whichever occurs later.
(2) If the Attorney General revokes or denies the renewal of a mechanism's certification, or a manufacturer voluntarily discontinues use of its certified mechanism, the manufacturer shall send written notice, by certified mail, return receipt requested, to all consumers with disputes pending with the mechanism that:
(a) The mechanism is no longer functioning as a certified mechanism for that manufacturer;
(b) The consumer is no longer required to resort to a mechanism;
(c) The consumer may elect to have the dispute removed from the mechanism;
(d) The consumer may pursue the remedy of a repurchase or replacement of the vehicle by requesting arbitration; and
(e) The arbitration application must be filed with the Attorney General by no later than sixty (60) days from the date the consumer received the notice from the manufacturer, or one (1) year from the date of the expiration of the lemon law rights period, whichever occurs later.
A copy of the notice must be sent to the Attorney General by the manufacturer.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.15 - Arbitration Application

Current through Rules and Regulations filed through June 27, 2024
(1) The Attorney General shall create and adopt an application form, to be completed by the consumer in requesting arbitration. This application may require consumer consent to the release of information by third parties. The application may be obtained by the consumer from the Attorney General upon request. The consumer shall file the completed application and supporting documents with the Attorney General.
(2) The Attorney General shall forward eligible applications and supporting documents to the panel. The period within which a hearing is to be conducted pursuant to O.C.G.A. §
									10-1-786(d)  shall commence on the date that the application is forwarded.
(3) If an application is incomplete, the Attorney General shall notify the consumer. In the event a consumer does not have or cannot obtain necessary documentation, the Attorney General may accept a written statement providing the necessary information and explaining the absence of the documentation.
(4) If the consumer fails to file a completed application, including all necessary documentation, within ninety (90) days of the Attorney General's notice, the application shall be deemed ineligible. The Attorney General, in his or her discretion, may extend the ninety (90) days for good cause shown.
(5) If the Attorney General rejects an application as ineligible, the consumer shall be notified, in writing, of the rejection and the reason(s) for it. Each of the following shall be grounds for a determination of ineligibility:
(a) The application was filed more than one (1) year from the expiration of the lemon law rights period or more than sixty (60) days from the conclusion of a certified mechanism's proceeding, whichever occurs later;
(b) The person seeking arbitration does not meet the definition of a consumer;
(c) The vehicle does not meet the definition of a new motor vehicle;
(d) The manufacturer was not allowed a reasonable number of attempts to repair the nonconformity during the lemon law rights period;
(e) The consumer no longer has possession of the vehicle and cannot reacquire it;
(f) The application was initially determined to be incomplete by the Attorney General and the consumer failed to take corrective actions for reconsideration of eligibility as required by the Attorney General; or
(g) Any other reason that would render the application ineligible for arbitration.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-1 - GEORGIA LEMON LAW › Rule 60-2-1-.16 - Notice of Arbitration

Current through Rules and Regulations filed through June 27, 2024
(1) Following receipt of an eligible state arbitration application, the panel shall assign a case number and notify the consumer and manufacturer by statutory overnight delivery or by certified mail, return receipt requested, that the case has been deemed eligible for arbitration.
(a) If the consumer is a lessee, the notice shall inform the consumer that the lessor must be notified in writing that the dispute has been deemed eligible for arbitration.
(b) The notice to the manufacturer shall include a complete copy of the consumer's state arbitration application.