reglab/statecodes huggingface dataset:
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-.17 - Manufacturer's Statement Form

Current through Rules and Regulations filed through June 27, 2024
(1) The manufacturer's statement form shall be answered completely and filed with the panel. Copies of the manufacturer's statement shall be sent to the consumer. The panel and the consumer must receive the manufacturer's statement no later than twenty (20) days from the manufacturer's receipt of notice of arbitration. The manufacturer's statement form shall require the manufacturer to provide, at a minimum, the following information:
(a) A statement, if applicable, that the manufacturer has elected to assert no defense and hereby offers to repurchase or replace the vehicle in accordance with the provisions of O.C.G.A. §
										10-1-784(b); or,
(b)
1. A statement of any defenses and any legal or factual issues to be raised at the hearing;
2. A request to examine the vehicle, if desired, as provided in Rule  60-2-1-.19;
3. The name, mailing address, e-mail address, and phone number of the attorney who will represent the manufacturer at the hearing, if the manufacturer will be represented by an attorney;
4. An affirmation that the manufacturer has sent a copy of the completed manufacturer's statement form to the consumer and the date on which it was sent; and,
5. If the case involves a motor home and two manufacturers, an affirmation that the manufacturer has sent a copy of the completed manufacturer's statement form to the other manufacturer and the date of submission.
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-.18 - Arbitration Hearing Notice

Current through Rules and Regulations filed through June 27, 2024
(1) The panel will make every effort to schedule an arbitration hearing within forty (40) days from the date an application was deemed eligible by the Attorney General. The panel will notify all parties of the hearing at least fourteen (14) days prior to the date of the hearing. The notice, at a minimum, shall include:
(a) A statement of the date, time and place of the hearing;
(b) The name of the arbitrator(s) to whom the case has been assigned;
(c) A statement that any ex parte communication with the arbitrator(s) about any matter concerning the case is prohibited;
(d) The legal authority and jurisdiction under which the hearing is to be held;
(e) A statement that failure to attend the hearing may result in a dismissal of the case or a decision in favor of the opposing party; and
(f) The name and address of the panel representative to whom all motions, requests, or other correspondence concerning the hearing should be directed.
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-.19 - Manufacturer's Examination of the Vehicle

Current through Rules and Regulations filed through June 27, 2024
(1) A manufacturer may perform an examination, which may include a test drive and necessary testing of the vehicle, to aid in the preparation of its defense, provided the consumer receives timely notice of the request pursuant to Rule  60-2-1-.17(1)(b)2.
(2) If the manufacturer examines the vehicle, it shall not adjust, remove or replace any part or component or attempt to repair the vehicle. A detailed written report containing a complete description of any examination(s) performed, a recitation of all data gathered or generated during the examination(s), and any conclusion(s) reached as a result of any examination(s) shall be prepared. A copy of the report shall be provided to the panel, the consumer and all other parties, if any, as soon as possible, but in no event later than five (5) days before the date of the hearing. If the manufacturer fails to comply with any part of this subsection, evidence or testimony related to the manufacturer's examination may be limited or excluded by the arbitrator(s) at the hearing.
(3) The examination shall occur at a time and place that are convenient for the consumer. If the nonconformity is alleged to be a serious safety defect, the manufacturer shall be required to either conduct the examination at the location of the vehicle or tow the vehicle to the examination site and return it to the original location within twenty-four (24) hours. The consumer has the right to be present during the examination, unless the consumer waives the right in writing.
(4) If the manufacturer and consumer cannot mutually agree on a time and place for the manufacturer's examination, either party may file a written request asking the arbitrator(s) to determine the time and place for an examination. The arbitrator(s) may convene a telephone hearing with the parties for the purpose of resolving any issue relating to an examination.
(5) If the manufacturer's examination of the vehicle reveals any issues or defenses not previously raised in the manufacturer's statement, the manufacturer shall file an amended statement with the panel. Copies of the amended statement shall be sent to the consumer, and all other parties, if any. The panel and all parties must receive the amended statement at least five (5) days prior to the date of the hearing.
O.C.G.A. §§
										10-1-786, 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-.20 - Discovery

Current through Rules and Regulations filed through June 27, 2024
(1) Either the consumer or the manufacturer may obtain copies of documents or information in the possession of the opposing party by making a written request to the opposing party for the documents or information. The opposing party shall provide the documents or information as soon as possible, provided:
(a) It has the documents and/or information in its possession or can readily retrieve or compile them; and,
(b) The requested documents and/or information are germane to the case and compliance with the request would not be unduly burdensome.
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-.21 - Subpoena of Witnesses

Current through Rules and Regulations filed through June 27, 2024
(1) Any party to an arbitration may request that the arbitrator(s) issue a subpoena to compel the attendance of, or compel production of documents by, a witness. The requesting party shall make such request in writing and shall state, at a minimum, the following:
(a) The name of the requesting party;
(b) The name, street address and mailing address of the witness;
(c) The purpose for which the testimony of the witness or production of documents is sought;
(d) The address at which the subpoena shall be served;
(e) The date, time and place of the hearing; and,
(f) A detailed description of any documents to be provided by the witness at the hearing.
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-.22 - Consumer's Pre-hearing Information Sheet

Current through Rules and Regulations filed through June 27, 2024
(1) The consumer's pre-hearing information form shall be answered completely and filed with the panel. Copies shall be sent to the manufacturer and all other parties, if any. The panel and all parties must receive the consumer's pre-hearing information form no later than five (5) days prior to the date of hearing. The form shall require production of, at a minimum, the following documents and information:
(a) The name, mailing address and daytime phone number of any person(s) the consumer plans to call as a witness at the hearing;
(b) Copies of any affidavits or written testimony submitted by any expert, witness or other person who will not be present at the hearing;
(c) Copies of any documentary evidence not filed with the state arbitration application that the consumer plans to present at the hearing;
(d) Copies of all receipts, invoices or other statements the consumer intends to submit at the hearing regarding incidental costs, collateral charges, attorney's fees and technical or expert witness fees;
(e) The name, address, and phone number of any interpreter the consumer will be bringing to the hearing;
(f) The name, mailing address, e-mail address, and phone number of any attorney who will represent the consumer at the hearing, if different from, or not included on, the state arbitration application;
(g) If the consumer is a lessee, proof that the consumer notified the lessor of the pending arbitration;
(h) If the title to the vehicle is secured by a lienholder, a dated statement from the lienholder indicating the amount to pay off the loan as of a certain date; and
(i) A request to have the arbitrator(s) examine and/or test drive the vehicle at the hearing, if the consumer so requests.
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-.23 - Manufacturer's Pre-hearing Information Sheet

Current through Rules and Regulations filed through June 27, 2024
(1) The manufacturer's pre-hearing information form shall be answered completely and filed with the panel. Copies shall be sent to the consumer and all other parties, if any. The panel and all parties must receive the manufacturer's pre-hearing information form no later than five (5) days prior to the date of the hearing. The form shall require production of, at a minimum, the following documents and information:
(a) The name, title, business address and daytime phone number of the manufacturer's representative(s) who will participate at the hearing;
(b) The name, title, business address and daytime phone number of any person(s) the manufacturer plans to call as a witness at the hearing;
(c) Copies of any affidavits or written testimony submitted by any expert, witness or other person who will not be present at the hearing;
(d) The name, mailing address, e-mail address, and phone number of any attorney who will represent the manufacturer at the hearing, if different from, or not included on, the manufacturer's statement form;
(e) Copies of all service records for the consumer's vehicle, including dealer-generated work orders containing notes made thereon;
(f) Copies of any recall notices or technical service bulletins issued by the manufacturer which relate to the year, make, model or type of vehicle and to any alleged nonconformity which is the subject of the consumer's arbitration application; and
(g) A request to have the arbitrator(s) examine and/or test drive the vehicle at the hearing, if the manufacturer so requests.
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-.24 - Notice to Lessor and Request for Documents

Current through Rules and Regulations filed through June 27, 2024
(1) If a lessor has timely petitioned to be a party to the arbitration proceeding pursuant to O.C.G.A. §
									10-1-786(c), the lessor shall be notified of the arbitration hearing as provided in Rule  60-2-1-.18(1)  and requested to provide, at a minimum, the following documents and information:
(a) If the lessee is seeking a replacement vehicle, a good faith estimate of the charges that the lessor and the lessee will each incur as a result of the replacement transaction;
(b) If the lessee is seeking a repurchase award, a copy of the lease agreement indicating the adjusted capitalized cost of the new motor vehicle, a payment history, and any evidence, if applicable, that the lessee has failed to meet any of the existing terms of the lease agreement, and the amount of money owed by the lessee to the lessor as a result of such failure(s); and
(c) The name, mailing address, e-mail address, and phone number of any attorney who will represent the lessor at the hearing.
The lessor's information and documents shall be filed with the panel. Copies shall be sent to all parties. The panel and all parties must receive the lessor's information and documents no later than five (5) days prior to the date of the hearing.
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-.25 - Withdrawal of Arbitration Request

Current through Rules and Regulations filed through June 27, 2024
(1) A consumer may withdraw his or her request for arbitration as provided below. A withdrawal request can be made by telephone, but it must be confirmed in writing thereafter. The written withdrawal request, which must be signed by the consumer and the attorney of record, if any, shall be sent to the panel with a copy to all parties.
(2) If the panel receives a request for withdrawal from the consumer no later than two (2) business days prior to the day of the hearing, it shall be granted without prejudice. The request for arbitration will remain open for ninety (90) days after a dismissal without prejudice, during which the consumer may request in writing that the arbitration process begin again. After the ninety (90) day period has expired, a consumer who wishes to request arbitration will have to file a new application.
(3) The consumer may not withdraw a request for arbitration within one (1) business day of, on, or after the day of the hearing, absent a showing of good cause for the withdrawal.
(4) If a consumer withdraws a second request for arbitration on the same motor vehicle, the withdrawal shall be considered a withdrawal with prejudice and the consumer will not be allowed to renew his or her arbitration application or file a new application on the same motor vehicle.
(5) If the consumer withdraws a request for arbitration, the consumer will not be considered to have exhausted all remedies for purposes of filing a civil action pursuant to O.C.G.A. §
									10-1-788.
O.C.G.A. §§
										10-1-786, 10-1-788, 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-.27 - Failure to Appear

Current through Rules and Regulations filed through June 27, 2024
(1) If a lessor fails to appear, the scheduled hearing will be held. The arbitrator(s) may, in his or her discretion, exclude any evidence or information filed by the lessor, including but not limited to, information filed pursuant to Rule  60-2-1-.24(1)(b).
(2) If a manufacturer fails to appear, the scheduled hearing will be held. The arbitrator(s) shall make a decision based on the evidence presented by the consumer and any other party and any documents and information contained in the record. If the decision is in favor of the consumer, the manufacturer shall be notified immediately. The manufacturer shall have two (2) business days from receipt of notice to file a request that the decision be set aside. The request shall include evidence of good cause that resulted in the manufacturer's failure to appear.
(3) If the consumer fails to appear, the hearing shall be cancelled and the case dismissed with prejudice. The panel will immediately notify the consumer of the dismissal. The consumer shall have two (2) business days from receipt of notice to file a request that the dismissal be set aside. The request shall include evidence of good cause that resulted in the consumer's failure to appear. If the case is dismissed with prejudice due to the consumer's failure to appear, the consumer will not be considered to have exhausted all remedies for purposes of filing a civil action pursuant to O.C.G.A. §
									10-1-788.
(4) Any request by a manufacturer or a consumer to set a decision aside under this Rule shall be considered by the arbitrator(s), who will convene a telephone hearing to hear from all parties. If the decision is set aside, a hearing will be scheduled as soon as possible.
O.C.G.A. §§
										10-1-786, 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-.28 - Motions and Telephone Hearing Conferences

Current through Rules and Regulations filed through June 27, 2024
(1) All motions must be in writing, unless made during the hearing, and must state the basis for the motion and the relief requested. The original shall be filed with the panel and a copy sent to all parties. The panel and all parties must receive the motion no later than seven (7) days prior to the scheduled hearing date. If an opposing party contests the motion, it shall file a written response with the panel and send a copy to all parties. The panel and all parties must receive the response no later than two (2) business days prior to the hearing.
(2) The arbitrator(s) may convene telephone conferences to consider and hear argument on a motion, other requests, issues or jurisdictional matters. If three (3) arbitrators have been assigned to the case, the arbitrator serving as chairperson, or other arbitrator designated by the panel, shall conduct the telephone hearing.
(3) Unless otherwise specified, the burden of proof shall be on the moving party.
O.C.G.A. §§
										10-1-786, 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-.29 - Power and Duties of the Arbitrators

Current through Rules and Regulations filed through June 27, 2024
(1) The arbitrator(s) shall have the duty to conduct fair and impartial hearings and to take all actions necessary maintaining order and avoiding delay in the disposition of proceedings. The arbitrator(s) shall have the powers necessary to accomplish all duties including, but not limited to, the power to:
(a) Consider any and all evidence offered by the parties that is necessary to an understanding and a determination of the case;
(b) Regulate the course of the hearing and the conduct of the parties, their representatives and witnesses;
(c) Examine or participate in a test drive of the consumer's vehicle, if requested by any party, or if necessary to a complete understanding of the case;
(d) Schedule a vehicle inspection by an independent technical expert, if necessary;
(e) Determine whether an interpreter assisting the consumer is qualified to provide the assistance, or, if not, whether the consumer can effectively participate without the help of an interpreter;
(f) Continue the arbitration hearing to a subsequent date if, at the initial hearing, the arbitrator(s) determines that a qualified interpreter or additional information is necessary in order to render a fair and accurate decision; and
(g) Hold motor home manufacturers jointly liable in appropriate circumstances.
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-.30 - Arbitrator Selection, Disqualification, Substitution and Training

Current through Rules and Regulations filed through June 27, 2024
(1) The selection and assignment of an arbitrator or arbitrators is within the discretion of the Attorney General and not subject to the approval of any party.
(2) An arbitrator shall not have any bias or any personal or financial interest in the outcome of any hearing, nor be acquainted with any of parties or participants. An arbitrator shall not have any conflict of interest that would otherwise compromise his or her ability to maintain neutrality throughout the course of the arbitration proceedings. An arbitrator who is aware or becomes aware of any circumstance that would affect, or bring into question, his or her impartiality to hear and decide the case, shall notify the panel immediately.
(3) An arbitrator may request to be disqualified. Upon a determination that there are reasonable grounds to disqualify an arbitrator, the panel shall assign another arbitrator to the case.
(4) If an arbitrator resigns, dies, withdraws or otherwise is unable to perform the duties connected with a case, the panel shall assign another arbitrator to the case.
(5) An arbitrator shall receive training covering the provisions of O.C.G.A. §
									10-1-780
et seq.
and this Chapter.
O.C.G.A. §§
										10-1-786, 10-1-789, 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-.32 - Arbitration Decision

Current through Rules and Regulations filed through June 27, 2024
(1) The arbitration decision shall be based solely upon matters contained in the official record. Written party submissions made pursuant to this Chapter, oral and written evidence and testimony presented at the hearing, and supplemental information submitted at the request of the arbitrator(s) shall constitute the official record. The decision shall be reached on the basis of a preponderance of the evidence.
(2) The arbitrator may make an oral decision at the hearing, but it shall not be binding until reduced to writing and sent to each party and the Attorney General.
(3) The decision shall be written on a form prescribed by the Attorney General. If three (3) arbitrators hear the case, the decision, if not unanimous, shall be determined by the majority.
(4) If the consumer prevails, the arbitrator(s) may award attorney's fees and technical or expert witness fees, if applicable. A request for attorney's fees shall be based upon an affidavit prepared by the consumer's attorney and provided to the arbitrator(s) by no later than the conclusion of the hearing. The arbitrator(s) shall have the discretion to award all, part or none of the requested fees.
(5) The arbitrator shall prepare the decision. If three (3) arbitrators decide the case, the chairperson shall be responsible for preparing the decision, unless he or she casts a minority vote. In that instance, or in some other unusual circumstance, the panel shall designate one (1) of the other two (2) arbitrators to prepare the decision.
(6) The decision shall be rendered within twenty (20) days of the conclusion of the hearing. Failure to render the decision within the time shall not void any decision ultimately rendered.
(7) The panel shall file the original decision with the Attorney General and send copies of the decision to the parties by statutory overnight delivery or by certified mail, return receipt requested. Each copy shall indicate the date of entry of the decision pursuant to O.C.G.A §
									10-1-786(f).
(8) If any party appeals the decision, or if the consumer initiates a new private action, the parties shall provide the Attorney General with a copy of their initial pleadings in the action. The parties shall provide these filings to the Attorney General contemporaneously with their filing in court.
(9) In the event that legal proceedings are not initiated by any party, the manufacturer, upon compliance with the decision, shall furnish the Attorney General with evidence consisting of either copies of checks payable to the consumer, and lienholder or lessor, for a repurchase, or information regarding the year, make, model and identification number of the replacement motor vehicle for a replacement.
O.C.G.A. §§
										10-1-786, 10-1-787(a),(d); 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-.33 - Technical Corrections

Current through Rules and Regulations filed through June 27, 2024
(1) The arbitrator(s), panel or Attorney General may make technical corrections to a decision. Technical corrections are computational corrections, correction of clerical mistakes or typographical errors, or other minor corrections arising from oversight or omission.
(2) A party may submit a written request for technical corrections to the panel. The request shall identify the proposed correction and the basis for the change. The request must be received by the panel within fourteen (14) days from the date of entry of the decision. The requesting party shall copy all parties. The panel will notify the parties whether a correction will be made. A request to correct a decision will not prevent the decision from taking effect or delay the time for compliance or to initiate legal proceedings.
O.C.G.A. §§
										10-1-786, 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-.34 - Miscellaneous Provisions

Current through Rules and Regulations filed through June 27, 2024
(1) Any issue not addressed specifically in the Georgia Lemon Law or this Chapter shall be handled by the arbitrator(s), panel or Attorney General in an equitable and efficient manner.
(2) In the event of a repurchase, any credit card or other rewards program points used to purchase or lease the new motor vehicle shall be credited back to the credit card or rewards program account.
(3) A person acting as an interpreter may assist a consumer in the presentation of a case if the interpreter's assistance is necessary because of a mental or physical handicap, or a language barrier which impacts the consumer's ability to participate effectively.
(4) For purposes of this Chapter, notice to a party shall be sent to the attorney of record, if the party is represented by an attorney. If a party is represented by an attorney and has failed to notify the panel and all other parties of the representation, the party shall immediately provide the name, mailing address, e-mail address and phone number to the panel and all other parties. Failure to provide timely notice may be grounds for a continuance.
(5) For purposes of this Chapter, parties to an arbitration proceeding may utilize electronic transmission (e-mail) for service of required filings upon other parties to the proceeding only if all parties have agreed, in writing, to this method of service.
(6) Upon a finding of extraordinary circumstances, the Attorney General may waive any of the Rules within this Chapter, if the waiver would be in the public interest and serve to carry out the purpose and intent of the Georgia Lemon Law and this Chapter.
O.C.G.A. §§
										10-1-784(b), 10-1-786, 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-.35 - Reacquired Vehicle Nonconformity Disclosure Form

Current through Rules and Regulations filed through June 27, 2024
(1) A manufacturer who reacquires a vehicle in this state, or resells, leases, transfers, or otherwise disposes of a reacquired vehicle in this state, shall notify the Attorney General on a form prescribed by the Attorney General.
(2) In lieu of use of the form prescribed in subsection (1), the Attorney General may approve an alternative form proposed by the manufacturer if it has substantially the same language, content and appearance as the Attorney General's form, including the same or similar font size for words or terms of emphasis, and does not contain words, categories, or spaces to elicit information that might otherwise mislead a prospective transferee, buyer or lessee as to the nature of the nonconformity or the fact of the vehicle's reacquisition.
(3) If a manufacturer submits a proposed alternative form, the Attorney General shall review it and notify the manufacturer in writing whether the proposed alternative form is approved or disapproved. If the proposed alternative form is disapproved, the Attorney General shall indicate the reasons for disapproval and afford the manufacturer the opportunity to submit a corrected alternative form for reconsideration. If disapproved after reconsideration, the manufacturer shall use the form prescribed in subsection (1).
(4) If the Attorney General determines that the alternative form approved for use by the manufacturer no longer meets the requirements of O.C.G.A. §
									10-1-790 or this Chapter, the Attorney General shall inform the manufacturer in writing of the determination and state the reason. The Attorney General shall give the manufacturer a reasonable time, not to exceed ninety (90) days, to bring the form into compliance. Thereafter, if not approved, the manufacturer shall discontinue use of such alternative form.
O.C.G.A. §§
										10-1-790, 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-.36 - Transfer and Resale of a Reacquired Vehicle

Current through Rules and Regulations filed through June 27, 2024
(1) A reacquired vehicle shall not be transferred, leased, or sold, either at wholesale or retail, unless the following conditions are met:
(a) At the time of each transfer of the reacquired vehicle, the transferor shall provide the transferee the form required by Rule  60-2-1-.35.
(b) The ultimate consumer must be provided the opportunity to read the form in its entirety before purchasing or leasing the reacquired vehicle.
(c) Both the transferor of the reacquired vehicle and the ultimate consumer must sign the form at the time of the sale or lease to the ultimate consumer. The original of the form shall be provided to the ultimate consumer. The transferor of the reacquired vehicle must send a copy of the completed and dated form to the Attorney General within thirty (30) days from the date of the sale or lease.
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-.37 - Conflict

Current through Rules and Regulations filed through June 27, 2024
In case of conflict between this Chapter and O.C.G.A. §
									10-1-780
et seq.
, the Georgia Lemon Law, as enacted on May 14, 2008, the definitions and provisions contained in O.C.G.A. §
									10-1-780
et seq.
shall prevail.
O.C.G.A. §§
										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 60-2-2 - Mail Order Merchandise › Rule 60-2-2-.01 - Mail, Internet or Telephone Order Merchandise

Current through Rules and Regulations filed through June 27, 2024
The Attorney General adopts by reference
16 C.F.R. 435
, the Federal Trade Commission's trade regulation rule concerning mail order merchandise.
O.C.G.A. §
										10-1-394.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-3 - Cooling-Off Period for Door-to-Door Sales › Rule 60-2-3-.01 - Cooling-Off Period for Door-to-Door Sales

Current through Rules and Regulations filed through June 27, 2024
The Attorney General adopts by reference
16 C.F.R. 429
, the Federal Trade Commission's trade regulation rule concerning the cooling-off period for door-to-door sales.
O.C.G.A. §
										10-1-394.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-4 - Negative Option Plans › Rule 60-2-4-.01 - Negative Option Plans

Current through Rules and Regulations filed through June 27, 2024
The Attorney General adopts by reference
16 C.F.R. 425
, the Federal Trade Commission's trade regulation rule concerning negative option plans.
O.C.G.A. §
										10-1-394.
Compilation of Rules and Regulations of the State of Georgia › Department 60 - DEPARTMENT OF LAW › Chapter 60-2 - CONSUMER PROTECTION DIVISION › Subject 60-2-5 - Preservation of Consumers' Claims and Defenses › Rule 60-2-5-.01 - Preservation of Consumers' Claims and Defenses

Current through Rules and Regulations filed through June 27, 2024
The Attorney General adopts by reference
16 C.F.R. 433 (1982)
, the Federal Trade Commission's trade regulation rule concerning preservation of consumer's claims and defenses.
O.C.G.A. §
										10-1-394.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-1 - ORGANIZATION › Rule 70-1-.01 - Organization of Board

Current through Rules and Regulations filed through June 27, 2024
The members of the Georgia State Board of Barbers shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate. A chairman shall be elected from among the members annually. The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. The public may obtain information and submit requests at the office of the Joint Secretary, State Examining Boards.
Ga. L. 1973, p. 1450; 1980, pp. 59, 60; O.C.G.A. Sec. 43-7-4.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.01 - Application for School License

Current through Rules and Regulations filed through June 27, 2024
Any person desiring to operate a barber school or college in the State of Georgia is required to make application for a license to operate the school, using the form furnished by the Georgia State Board of Barbers, and show by such application that applicant has met all the requirements of the law and requirements of the Board. When such application is properly filled out and returned to the Board it must be accompanied by the following:
(a) Three (3) character references for the persons interested in operating such school;
(b) A floor plan of the proposed premises drawn to approximate scale showing the arrangement of classrooms, locker spaces, separate restroom facilities for male and female students, approximate placing of equipment, the entrances and exits, ventilation and lighting and adequacy of floor spaces;
(c) List of various items of equipment to be used;
(d) Satisfactory evidence of proper provisions for duly licensed teachers;
(e) Required fee.
O.C.G.A. Sec. 43-7-14.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.02 - Required Inspections and Licensing

Current through Rules and Regulations filed through June 27, 2024
(1) Upon receipt of a complete barber school application, a preliminary inspection of the proposed facility shall be conducted by an inspector for the board and/or a board member.
(2) After applicant has met all Board requirements for facility, equipment, and consumable supplies, a final inspection shall be conducted by an inspector for the Board and/or a Board member. Upon approval by the Board, the license shall be issued to operate a school of barbering. The license shall be retained and renewed only as long as the school continues to meet all of the requirements of the current laws and Board rules. Such licenses are not transferable from person to person.
(3) The Board shall have a reasonable period of time to process any application in order to carry out an investigation for verification of any or all facts stated therein and conduct inspections.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-13, 43-7-14.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.03 - License to Operate a School, Ownership, or Relocation

Current through Rules and Regulations filed through June 27, 2024
(1) A license to operate a school carries with it the approval of the Georgia State Board of Barbers and is valid only for the owner or owners specified on the application for school license. Any request for expansion, change of school's owner, or re-location must comply with statutory and regulatory provisions applicable to new schools.
(2) Any person, firm, corporation or establishment which accepts, directly or indirectly, compensation for teaching more than one person will be classified as a school and will be required to comply with all the provisions of the Georgia law and Board rules.
(3) Any person, firm, corporation or establishment licensed hereunder shall furnish to the Georgia State Board of Barbers a copy of the school policies and procedures at the time of application for a school license, and in the event any such policies and procedures are thereafter changed, a copy of same shall be filed with the Board.
(4) Each school is required to notify the Board within ten (10) days in writing of any change in its supervising instructor or instructors.
(5) Schools shall be required to supply each student with a basic kit containing sufficient implements for the learning of barbering, as listed below. Schools are required to comply with all sanitation rules adopted by this Board and shall instruct the students in the importance of complying with all sanitation/disinfection rules of this Board.
(a) The basic kit for barber students shall contain
1. Basic combs;
2. Brushes;
3. Shears and thinning shears;
4. Straight razor;
5. Hone, strap;
6. Mug and brush or shaving cream;
7. Clippers, guards, trimmers;
8. Dusting brush;
9. Neck strips;
10. Hair cloth and clip;
11. Standard textbook;
12. One (1) workbook;
13. Blow dryer and styling brush;
14. Tweezers;
15. Fumigant for each kit; and
16. Shampoo cape.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.04 - Application for Instructor License

Current through Rules and Regulations filed through June 27, 2024
(1) Except as provided in Paragraph (2), any person desiring to instruct in a barber school is required to make application for a license using the form furnished by the Georgia State Board of Barbers and show by such application that the applicant has met all the requirements of law and the requirements of the Board. When such application is properly made to the Board, it must be accompanied by the following:
(a) Proof of high school graduation or its equivalent;
(b) An official transcript of 750 hours of instructor training from a Board approved school of barbering;
(c) Evidence of satisfactory passage of a written and practical examination approved by the Board; and
(d) Required fee.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.05 - Application for Barber License

Current through Rules and Regulations filed through June 27, 2024
Any person desiring to practice barbering as a barber in the State of Georgia is required to make application for a license, using the forms furnished by the Georgia State Board of Barbers and show by such application that applicant has met all the requirements of the law and Board rules. When such application is properly filled out and returned to the Board, it shall be accompanied by the following:
(a) Proof of passing a written and practical examination from Board's designated agent;
(b) Applicants desiring assistance due to reading disabilities shall submit the following:
1. Medical documentation or educational documentation from the appropriate educational counselor or advisor if reading assistance is requested. The request for reading assistance must accompany the original application. No foreign language translators will be allowed or furnished.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.07 - Application for Apprentice License

Current through Rules and Regulations filed through June 27, 2024
(1) Any person desiring to train as an apprentice in a barber shop must make application with the Georgia State Board of Barbers, and must be under the direct supervision of a licensed barber who holds a current Georgia license and has been licensed at least 18 months.
(2) Apprentice hours are accumulated according to the actual number of hours of performance and training in the shop after being registered with the Board as an apprentice. It is the responsibility of the supervising barber, to keep an accurate record of the apprentice hours. The supervising barber shall submit to the Board quarterly reports of hours accumulated by the apprentice. Credit WILL NOT be allowed for any hours received prior to registering with the Board.
(3) Apprentice training must be a minimum of 18 months and 3,000 clock hours.
(4) Each time the apprentice changes his/her master barber (supervisor) or shop, a new application must be filed with the Board office. Ex-supervising barber must notify Board that this apprentice is not training under them, and submit a notarized transcript of total hours accumulated by apprentice to the Board and the apprentice within thirty (3) days of termination of the apprenticeship. Master barbers must maintain apprentice records for a period of at least five (5) years.
(5) The maximum time for holding an apprentice license is four (4) years.
(6) Apprentices must be provided with textbook and necessary equipment by the supervising barber to study the occupation of barbering. Such equipment shall include ten (10) towels per apprentice.
(7) Apprentice training shall include the curriculum required for students of barber schools. The hours required for students will be doubled for apprentices.
(8) Student and apprentice hours under no circumstances can be combined.
(9) A weekly work sheet signed in black ink and/or electronic signature by the apprentice and supervising licensee shall be kept for the apprentice indicating the number of hours of training in each subject and shall be subject to review by the Board and/or its representatives at all times.
(10) Progress reports on apprentices' hours of performance and training in the shop shall be submitted to the Board by the supervising licensee on January 1, April 1, and September 1.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-16.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.08 - Application for Barber Shop License

Current through Rules and Regulations filed through June 27, 2024
(1) Any person or persons desiring to operate a barber shop must make application for a license using the form furnished by the Georgia State Board of Barbers and must meet all the requirements of the law and Board rules.
(2) All shops must be registered with the Board prior to its opening. Business names of shops may not contain terms which would tend to mislead the public as to operation of barber establishment.
(3) Shop license must be displayed in a public place in the registered shop.
(4) Shops must comply with sanitation rules, health and disinfectants in Chapter 70-6 of the Rules of Georgia State Board of Barbers.
(5) Sanitation/disinfection rules and regulations governing barber shops in the State of Georgia must be posted in a public place in the shop so as to be easily read by customers.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-10, 43-7-12, 43-7-21.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.09 - Application for Licensure by Endorsement/Reciprocity

Current through Rules and Regulations filed through June 27, 2024
Any person desiring to register to engage in the occupation of barbering may be issued a license to practice barbering under this chapter by endorsement without examination, where persons have been licensed under similar laws of another state, if in the opinion of the Board, the standards and qualifications for licensure are comparable to those in this state for the barber license. Applicant must furnish the following:
(a) An application for a license using the form furnished by the Georgia State Board of Barbers;
(b) Copy of verification/certification of license in State reciprocating from; and
(c) Required fee.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-17.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.10 - Cross-Over Licensing

Current through Rules and Regulations filed through June 27, 2024
Any person holding a current Georgia Master cosmetologist license desiring to make application for a barber license, may do so by using the form furnished by the Georgia State Board of Barbers. When such application is properly filled out and returned to the Board, it must be accompanied by the following:
(a) Copy of current master cosmetology license;
(b) Certification of the completion of the required 300 hour cross-over curriculum from a Board approved Barber school;
(c) Required fee; and
(d) Evidence of satisfactory passage of a written and practical examination approved by the Board.
O.C.G.A. Secs. 43-7-9, 43-7-11, 43-7-11.2.
Compilation of Rules and Regulations of the State of Georgia › Department 70 - GEORGIA STATE BOARD OF BARBERS › Chapter 70-2 - REQUIREMENTS › Rule 70-2-.11 - Posting of Licenses, Laws and Rules, and Inspection Reports in Schools

Current through Rules and Regulations filed through June 27, 2024
(1) All Master licenses and Barber Instructor(s) licenses or current online verifications of license issued to licensees by the Georgia State Board of Barbers must be posted in a prominent place for public view on school premises.
(2) Each Barber School shall post in a prominent place for public view the current school license issued to them by the Georgia State Board of Barbers.
(3) Each Barber School shall post the most recent inspection report in a prominent place for public view.
(4) Each Barber School shall post in a prominent place for public view the Barber Sanitation/Disinfection Regulations governing barber shops and colleges in the State of Georgia.
(5) Each Barber School shall make available a current copy of the laws and rules of the Georgia State Board of Barbers in an open area.
O.C.G.A. Secs. 43-1-25, 43-7-9, 43-7-13, 43-7-14, 43-7-21.