reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-13 - MOTOR CARRIER LEASING REGULATIONS › Rule 515-16-13-.08 - Interchange of Equipment

Current through Rules and Regulations filed through June 27, 2024
Authorized common carriers may interchange equipment under
				  the following conditions:
(a)
				Interchange agreement - There shall be a written contract, lease, or other
				arrangement providing for the interchange and specifically describing the
				equipment to be interchanged. This written agreement shall set forth the
				specific points of interchange, how the equipment is to be used, and the
				compensation for such use. The interchange agreement shall be signed by the
				parties or by their authorized representatives.
(b) Operating authority - The carriers
				participating in the interchange shall be registered with the Secretary to
				provide the transportation of the commodities at the point where the physical
				exchange occurs.
(c) Through bills
				of lading - The traffic transported in interchange service must move on through
				bills of lading issued by the originating carrier. The rates charged and the
				revenues collected must be accounted for in the same manner as if there had
				been no interchange. Charges for the use of the interchanged equipment shall be
				kept separate from divisions of the joint rates or the proportions of such
				rates accruing to the carriers by the application of local or proportional
				rates.
(d) Identification of
				equipment - The authorized common carrier receiving the equipment shall
				identify equipment operated by it in interchange service as follows:
1. The authorized common carrier shall
				identify power units in accordance with the FMCSA's requirements in 49 CFR part
				390 of this chapter (Identification of Vehicles). Before giving up possession
				of the equipment, the carrier shall remove all identification showing it as the
				operating carrier.
2. Unless a copy
				of the interchange agreement is carried on the equipment, the authorized common
				carrier shall carry a statement with each vehicle during interchange service
				certifying that it is operating the equipment. The statement shall also
				identify the equipment by company or State registration number and shall show
				the specific point of interchange, the date and time it assumes responsibility
				for the equipment, and the use to be made of the equipment. This statement
				shall be signed by the parties to the interchange agreement or their authorized
				representatives. The requirements of this paragraph shall not apply where the
				equipment to be operated in interchange service consists only of trailers or
				semitrailers.
3. Authorized
				carriers under common ownership and control may interchange equipment with each
				other without complying with the requirements of paragraph (d)1. of this Rule
				pertaining to removal of identification from equipment.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-13 - MOTOR CARRIER LEASING REGULATIONS › Rule 515-16-13-.09 - Lease of Equipment by Regulated Carriers from Provate Carriers and Shippers

Current through Rules and Regulations filed through June 27, 2024
Authorized carriers may lease equipment and drivers from
				  private carriers, for periods of less than 30 days, in the manner set forth in
				  Commission Transportation Rule
				  515-16-13-.06.
Authority O.C.G.A.
				  Secs. 46-2-30, 46-7-2, 46-7-22, 46-7-23,
				  46-7-27.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.01 - Commission's Authority

Current through Rules and Regulations filed through June 27, 2024
The Georgia Public Service Commission is authorized to
				  regulate the business of certain motor carriers (normally bus, limousine,
				  household goods carriers and nonconsensual tow truck operators) and may impose
				  civil penalties for such carrier's failure to comply with applicable law and/or
				  Commission rules and regulations.
Authority O.C.G.A.
				  Secs. 40-8-2,
				  44-1-13,
				  46-1-1,
				  46-2-90,
				  46-2-91,
				  46-2-93, 46-7-2, 46-7-27, 46-7-30,
				  46-7-34, 46-7-90, 46-7-91.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Carrier. A
				person who undertakes the transporting of goods or passengers for
				compensation.
(2) Consent
				Agreement. An agreement entered into by the Commission and a carrier or person
				resolving allegations that the carrier or person violated applicable law and/or
				Commission rules and regulations.
(3) Contested Case. A proceeding in which the
				legal rights, duties, or privileges of a party are required by law to be
				determined by an agency after an opportunity for hearing.
(4) Civil Penalties. Monetary fines the
				Commission may assess against a carrier or person for willfully failing to
				comply with applicable laws and/or Commission rules and regulations.
(5) Hearing Officer. The Commission employee
				who presides over contested cases.
(6) Motor Carrier Safety Regulations. Any
				safety or hazardous material regulations that have been promulgated and adopted
				by the Commission.
(7) Notice of
				Noncompliance. Official notice issued by the Commission setting forth a
				carrier's violations of applicable laws and/or Commission rules and
				regulations.
(8) Person. Any
				individual, partnership, trust, private or public corporation, municipality,
				county, political subdivision, public authority, cooperative, association, or
				public or private organization of any character.
(9) Transportation Statutes. All statutes
				regulating motor carriers administered and enforced by the Commission,
				including O.C.G.A. Chapters 46-2 and 46-7 and §§
									46-1-1,
				44-1-13, and
				46-1-4, Act 68, Georgia Laws 2005,
				pages 334 - 450.
Authority O.C.G.A.
				  Secs. 44-1-13,
				  46-1-1,
				  46-2-58,
				  46-2-90 to
				  46-2-93, 46-7-27,
				  46-7-39.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.04 - Notice of Noncompliance

Current through Rules and Regulations filed through June 27, 2024
(1) The Commission shall issue, by U.S. Mail
				or personal service, a Notice of Noncompliance to a person or carrier upon
				determination that the carrier or person has willfully:
(a) Violated any transportation laws
				administered by the Commission;
(b)
				Violated any rules or regulations administered by the Commission; or
(c) Failed, neglected or refused to comply
				with any order after receiving notice thereof.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.05 - Commission Staff Action

Current through Rules and Regulations filed through June 27, 2024
Upon a determination that a violation of the Act may have
				  occurred, the Commission Staff shall take one or more of the following
				  actions:
(a) Recommend that warning
				letter be issued to the person alleged to have committed the violation (the
				"Respondent");
(b) Enter settlement
				negotiations with the Respondent. Upon reaching agreement on settlement terms,
				the Commission Staff shall present the proposed settlement to the Commission
				for acceptance or rejection. If the Commission Staff and the Respondent are
				unable to reach agreement on settlement terms, the Respondent may present
				additional facts to the Advisory Committee;
(c) Request that the Commission issue a Rule
				Nisi pursuant to Commission Rules.
Authority O.C.G.A.
				  Secs. 44-1-13,
				  46-2-90,
				  46-2-91, 46-7-5, 46-7-11, 46-7-23,
				  46-7-27, 46-7-32, 46-7-39, 46-7-85.17, 46-7-90,
				  46-7-91.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.06 - Commission Action

Current through Rules and Regulations filed through June 27, 2024
(1) The Commission may accept or reject a
				proposed settlement to resolve probable violations of the Act. If the
				Commission rejects a proposed settlement, a hearing may be scheduled to receive
				evidence and take appropriate enforcement action as provide by Commission
				Rule.
(2) At any hearing scheduled
				regarding assessment of civil penalties under the Chapter 14 of the
				Commission's Transportation Rules, the Commission may assign the case to a
				hearing officer pursuant to O.C.G.A. §
									46-2-58 for the receipt of
				testimony, documentary, and other tangible evidence, oral argument and briefs
				by the parties; and upon closing of the said hearing, the hearing officer shall
				render a recommended decision or initial decision within forty-five (45) days
				of receipt of final briefs or close of the record, which ever last
				occurs.
(3) If the Commission
				finds, after a hearing, that a violation of the Act has occurred, it may impose
				a civil penalty as provided by Transportation Rule
				515-16-14-.07 or in O.C.G.A. §§
									46-2-58,
				46-2-90,
				46-2-91, 46-7-27, 46-7-90, and
				46-7-91.
Authority O.C.G.A.
				  Secs. 46-2-58,
				  46-2-90,
				  46-2-91, 46-7-27, 46-7-90,
				  46-7-91, R.
				  515-16-14-.07.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.07 - Civil Penalties

Current through Rules and Regulations filed through June 27, 2024
(1) In determining the amount of any civil
				penalty to be assessed under Transportation Rule
				515-16-14-.03, the Commission may
				consider the nature, circumstances and gravity of the violation of the Act; the
				degree of the Respondent's culpability; the Respondent's history of prior
				violations of the Act; and such other factors as may be appropriate.
(2) A Respondent shall pay any civil penalty
				that has been assessed by submitting to the Commission, in care of Director of
				Transportation Unit, a certified check payable to the Georgia Public Service
				Commission.
(3) Except to the
				extent precluded by lower penalties specified in O.C.G.A. §
									44-1-13, 46-7-91 or other specific
				federal or state statutes applicable to a given carrier conduct, the criminal
				and civil penalties for violation of this Chapter include those set forth in
				O.C.G.A. §§
									46-2-90 through
				46-2-93, 46-7-39 and 46-7-90 and
				in Chapters 515-16-3 and 515-16-10 of these Transportation Rules; and such
				penalties ranging as high as $15,000.00 per violation, plus $10,000.00 per day
				for each day such violation continues, can only be imposed by the Commission
				after notice and hearing, unless the violator consents in writing to such
				penalties. Such higher civil penalties are applicable to those carriers who
				violate a Commission Order or these Transportation Rules repeatedly or
				otherwise demonstrate willful or wanton refusal to comply with, or disregard
				for, this Commission's jurisdiction, Georgia law and these Transportation
				Rules.
Authority O.C.G.A.
				  Secs. 44-1-13,
				  46-2-90,
				  46-2-91, 46-7-5, 46-7-11, 46-7-27,
				  46-7-39, 46-7-85.17, 46-7-90, 46-7-91, R.
				  515-16-10-.03.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-14 - PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES › Rule 515-16-14-.08 - Appeals Generally

Current through Rules and Regulations filed through June 27, 2024
Any person subject to an order from the Commission may
				  petition the Commission for reconsideration of the order. Moreover, any person
				  aggrieved by an order of the Commission may seek relief in Fulton County
				  Superior Court and otherwise pursuant to O.C.G.A. §§
									46-2-58, 46-7-90, and
				  46-7-91.
Authority O.C.G.A.
				  Secs. 46-2-58, 46-7-90,
				  46-7-91.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.03 - Fees Charged for Nonconsensual Towing

Current through Rules and Regulations filed through June 27, 2024
(1) Any wrecker service engaged in the
				business of providing nonconsensual towing service shall not charge the owner
				or operator of any towed motor vehicle more than the maximum rates published in
				the "Nonconsensual Towing Maximum Rate Tariff" prescribed by the Commission. No
				storage fees shall be charged for the first 24-hour period from the time the
				motor vehicle is removed from the property. The fees stated in the maximum rate
				tariff shall be all inclusive; no additional fees may be charged for the use of
				dollies, trailers, lifts, slim jims or any other equipment or service. Only
				charges or rates for storage and removal that are approved by the Commission
				and contained in the Commission's Maximum Rate Tariff for Nonconsensual Towing
				shall be billed or collected by the wrecker service for towing or storage
				services; and it is a violation of this Rule for any wrecker service to bill or
				collect fees or charges which are not expressly permitted by such Maximum Rate
				Tariff.
(2) The fees stated in
				paragraph (1) above of this rule shall be payable, at the choice of the vehicle
				owner or payee, by cash, commonly-recognized travelers checks, money orders,
				certified checks or cashier's checks at no additional charge.
(3) No additional charges shall be assessed
				for storage of the vehicle once the vehicle has been claimed and payment is
				tendered to the towing company in the amount specified on the receipt and the
				vehicle has been removed from the impoundment facility. The receipt issued by
				the wrecker or towing service to the customer, and such service's office copy
				of such receipt, must reflect all fees collected for the redemption of the
				vehicle.
(4) The Maximum Rate
				Tariff will be reviewed annually by the Commission after receiving notification
				from towing firms as to their current cost for removal and storage of vehicles
				and personal property, and other pertinent information. Wrecker services shall
				submit the information described in this subparagraph by October 1 of each
				year, or at such other date as may be designated from time to time by the
				Commission, to the Commission's Transportation Unit.
(5) No storage fees may be charged or
				collected by any wrecker service or tow truck operator for days on which the
				impound lot where a towed vehicle is stored is closed or otherwise unavailable
				to the vehicle owner for redemption.
Authority O.C.G.A.
				  Sec. 44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.04 - Vehicle Not Towed Upon Operator Returning

Current through Rules and Regulations filed through June 27, 2024
(1) The operator or driver employed by a
				wrecker service summoned to tow away any vehicle from private property, shall
				not tow the vehicle away and shall not charge any fee if the operator or owner
				of the vehicle returns, and produces the ignition key to the vehicle, and
				immediately removes the vehicle from the private property.
(2) If the vehicle has been hooked with
				hoisting apparatus, including wheel dollies, or loaded by the wrecker service
				and the vehicle has not left the premises, the vehicle shall be released and
				the operator's fee as prescribed in the Maximum Rate Tariff may apply. A
				receipt, containing the date and time of the release of the vehicle, total
				amount charged, location of the private property, wrecker service's name,
				address, and telephone number shall be issued to the owner/operator of the
				vehicle.
(3) Once the wrecker
				service has left the location to which it was summoned charges may be assessed
				in accordance with the Maximum Rate Tariff. The operator's fee, as described in
				paragraph (b), shall not apply in this instance.
Authority O.C.G.A.
				  Sec. 44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.05 - Signs Specifications

Current through Rules and Regulations filed through June 27, 2024
(1) Owners of private property shall be
				required to place signs at each designated entrance to a parking lot or parking
				area where parking prohibitions apply. Where there is no designated entrance,
				such signs shall be posted so as to be clearly visible from each and every
				parking space. Such signs shall be a minimum of twelve (12) inches by eighteen
				(18) inches with a minimum of 3/4 inch lettering. The wording Private Parking
				shall be printed in Bold with a minimum of 11/2 inch lettering.
(2) Such signs located at a designated
				entrance to a parking lot shall be at least four (4) feet above the site grade.
				Where there is no designated entrance, such signs shall be six (6) feet above
				site grade. Posted signs must be free of any natural or man-made interference
				and be clearly visible.
(3) Such
				signs shall also include the following language:
(a) A warning that unauthorized vehicles will
				be towed;
(b) Towing company name,
				address, and telephone number and impound lot location where towed vehicle may
				be retrieved;
(c) Towing fees and
				daily storage fees;
(d) Hours of
				Operation; and
(e) Method or form
				of payment shall be as per vehicle owner choice as specified in Transportation
				Rule 515-16-15-.03(2).
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.06 - Authorized Attendant

Current through Rules and Regulations filed through June 27, 2024
(1) An attendant must be available at the
				impoundment facility to provide reasonable access to any towed vehicle (6) days
				of each week. The attendant must be available by phone 24 hours per day. The
				attendant shall have the authority to release any impounded vehicle upon the
				owner meeting the legal requirements for release. Any person claiming a vehicle
				impounded under the nonconsensual towing permit shall produce evidence of such
				person's identity and ownership or right of possession and shall pay all towing
				charges and storage fees which shall have accrued with respect to the vehicle.
				No storage fees will be charged for any days the secure impoundment facility is
				closed and the owner is unable to claim the vehicle.
(2) The vehicle owner, or owner's agent,
				shall produce a valid driver's license plus an ignition key which operates the
				vehicle, and indicia of ownership such as a certificate of title, a valid and
				current registration card, bill of sale, or a lease or rental
				contract.
(3) A receipt listing the
				specific charges for towing and storage of the vehicle shall be issued to the
				owner or agent claiming the vehicle and the attendant shall retain a copy of
				the receipt. The receipt must be signed by the owner or agent claiming the
				vehicle and by the attendant. Such receipt shall identify the vehicle and shall
				become part of the wrecker service's record.
Authority O.C.G.A.
				  Sec. 44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.07 - Records and Reports

Current through Rules and Regulations filed through June 27, 2024
(1) Upon impoundment of any vehicle, the
				wrecker service shall maintain records, which shall include the following
				information:
(a) Date and time of initial
				towing;
(b) Place of initial
				towing;
(c) Date and time of
				arrival at the impound lot;
(d)
				Date and time of release to the owner;
(e) Name of the towing company driver and
				helper;
(f) Cost for towing of the
				vehicle;
(g) Cost of storage of the
				vehicle; and
(h) Any other
				authorized applicable charges with reference to Commission's Nonconsensual
				Towing Maximum Rate Tariff provisions authorizing such fees or
				charges.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.08 - Secure Impoundment Facility

Current through Rules and Regulations filed through June 27, 2024
(1) A wrecker service authorized to conduct
				nonconsensual towing by the Commission must maintain a secure storage area for
				towed vehicles in the county where the tow operator's office (as listed with
				the Commission) is located, unless otherwise authorized by the
				Commission.
(2) The wrecker service
				must provide for effective and efficient security for the lot at all times. The
				storage lot must be fenced with a minimum of six (6) feet fencing, lighted, and
				equipped with a lock or enclosed building.
(3) Impounded vehicles shall be delivered to
				the wrecker service's secure impoundment facility in a timely manner. No
				wrecker service shall utilize "drop zones" or leave impounded vehicles at any
				impound lot or other location that has not been approved by the Commission for
				use by the wrecker service making such tow or removal.
Authority O.C.G.A.
				  Sec. 44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.09 - Public Liability and Property Damage Insurance

Current through Rules and Regulations filed through June 27, 2024
(1) A wrecker
				service issued a permit to conduct nonconsensual towing must maintain a
				commercial insurance policy or policies with the minimum liability insurance
				coverages prescribed by the Commission and the Federal Motor Carrier Safety
				Administration on all vehicles used in its business in intrastate commerce as
				follows:
(a) Intrastate (origin and
				destination wholly within the state)
(b) Public Liability and Property Damage
				Insurance limits as set forth below:
1.
				$100,000 limit for bodily injury to or death of one person
2. $300,000 limit for bodily injuries to or
				death of total persons in one accident
3. $50,000 loss or damage in any one accident
				to property of others
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.10 - Office Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) A wrecker service must maintain normal
				business hours and a listed public business telephone number. A wrecker service
				may maintain a maximum of two telephone numbers to be called for dispatching
				calls.
(2) All wrecker services
				will provide reasonable access to any towed vehicle six (6) days per
				week.
(3) A wrecker service must
				maintain proof of registration for each vehicle with the Commission and comply
				with the Commission's safety rules and regulations.
(4) A wrecker service must maintain and
				provide to the Commission upon request, a list of all personnel operating
				wrecker equipment, as well as a current Motor Vehicle Report on each
				driver.
(5) Drivers must maintain a
				valid driver's license of the appropriate class and with the appropriate
				endorsements required to operate the wrecker service's vehicles under Georgia
				law.
(6) It shall be unlawful for a
				wrecker service to engage in removal of vehicles without an authorized contract
				signed by the owner or other authorized agent for property owner and the towing
				company in the form prescribed by the Commission. A copy of the contract shall
				be made available to the Commission representatives, upon request. The contract
				must contain the name, address and phone number of the respective towing
				company, and the location of the impoundment facility, hours of operation, and
				the cost for removal of the vehicle and the charges for storage of the towed
				vehicle. The contract must also contain the names and contact number(s) of the
				person(s) authorized to request the removal of a vehicle from said
				property.
(7) For each and every
				requested nonconsensual towing movement, on the day the removal takes place,
				the real property owner or his contractually-designated agent (1) must place a
				telephone call, send a facsimile letter or send an e-mail message to the
				wrecker service identifying specifically, and requesting removal of, the
				vehicle or vehicles to be towed or removed and (2) must receive an original
				written tow authorization or tow bill dated and signed the date of the tow at
				the scene of the tow by the real property owner or such property owner's
				designated agent specifying the vehicle or vehicles to be towed or removed and
				having the name of the signing real property owner or such owner's designated
				agent typed or legibly printed below the signature. The wrecker service shall
				maintain for three (3) years copies of telephone records, faxes and e-mail
				messages requesting removal as proof of the time and date such removal was
				requested, as well as the signed authorization for removal from the property
				owner or such owner's agent.
Authority O.C.G.A.
				  Sec. 44-1-13.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.11 - Equipment

Current through Rules and Regulations filed through June 27, 2024
(1) All wrecker
				services engaged in transporting vehicles in nonconsensual towing must maintain
				a Georgia Department of Revenue cab card with current year's identification
				stamp for intrastate carriers, or appropriate registration receipt for
				interstate carriers in the cab of each wrecker.
(2) Each vehicle operating under authority of
				a nonconsensual towing permit must carry a copy of the permit in the cab of the
				vehicle. The copy shall be presented to any investigator or enforcement officer
				of the Commission upon request.
(3)
				A Georgia DOT number must be affixed to the outside of the wrecker if the
				wrecker is operating within Georgia only.
(4) If carrier transports vehicles across
				state lines (interstate) a USDOT number or United State Motor Carrier (MC)
				number must be affixed to the outside of the wrecker.
(5) All vehicles utilized by the wrecker
				companies for nonconsensual towing must be equipped with the following:
(a) Valid registration tag;
(b) Fire extinguisher; and
(c) Tow away lamps (tail, stop and turn
				signal lights for vehicles being towed), and the name of the wrecker service,
				city, and telephone number permanently affixed to both sides. Letters must be
				readable at a distance of 50 feet while the vehicle is stationary.
(d) Augmentation of equipment by an NCT
				Carrier must comply with the Motor Carrier Leasing Rules contained in Chapter
				515-16-13 of these Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-15 - NON-CONSENSUAL TOWING › Rule 515-16-15-.12 - Penalties

Current through Rules and Regulations filed through June 27, 2024
Except to the extent preclude by lower penalties specified in
				  O.C.G.A. §
									44-1-13 or other specific federal
				  or state statutes applicable to a given carrier conduct, the criminal and civil
				  penalties for violation of this Chapter include those set forth in O.C.G.A. §§
									46-2-90 through
				  46-2-93, 46-7-39 and 46-7-90 and
				  in Chapters 515-16-3 and 515-16-10 of these Transportation Rules; and such
				  penalties ranging as high as $15,000.00 per violation, plus $10,000.00 per day
				  for each day such violation continues, can only be imposed by the Commission
				  after notice and hearing, unless the violator consents in writing to such
				  penalties. Such higher civil penalties are applicable to those carriers who
				  violate a Commission Order or these Transportation Rules repeatedly or
				  otherwise demonstrate willful or wanton refusal to comply with, or disregard
				  for, this Commission's jurisdiction, Georgia law and these Transportation
				  Rules.
Authority O.C.G.A.
				  Secs. 44-1-13,
				  46-2-90 to
				  46-2-93, 46-7-39, 46-7-90, R. Ch.
				  515-16-3, 515-16-10.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-16 - RAILROAD CONDEMNATIONS PROCEEDINGS › Rule 515-16-16-.01 - Purpose of Rail Condemnation Proceedings

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
									46-8-120 through
				  46-8-124 requires Commission
				  approval before any railroad company can file any action in the Superior Court
				  to condemn real property for rail right-of-way or for erection of rail
				  facilities.
Authority O.C.G.A.
				  Secs. 46-8-120,
				  46-8-121.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-16 - RAILROAD CONDEMNATIONS PROCEEDINGS › Rule 515-16-16-.02 - Procedure for Rail Condemnation Petitions

Current through Rules and Regulations filed through June 27, 2024
Upon receipt of a petition filed by a railroad company with
				  the Commission seeking approval of proposed condemnation, (with proof of
				  service of the same upon the property owner whose property is being condemned
				  and upon the Consumer's Utilities Counsel of the Governor's Office of Consumer
				  Affairs), the Commission will assign such petition to a hearing officer for
				  hearing pursuant to O.C.G.A. §
									46-2-58. If the hearing officer
				  cannot assist the parties in mediating a purchase agreement for such property
				  proposed for condemnation within forty-five (45) days after the filing of such
				  petition, then the hearing officer will set the matter down for hearing to
				  determine if there is a legitimate public purpose for the proposed
				  condemnation. Within thirty (30) days after the close of the record in such
				  hearing, the hearing officer will render a recommended decision or initial
				  decision, from which any party can seek reconsideration before the full
				  Commission.
Authority O.C.G.A.
				  Secs. 46-2-58,
				  46-8-120,
				  46-8-121,
				  46-8-12346-8-124.
Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-16 - RAILROAD CONDEMNATIONS PROCEEDINGS › Rule 515-16-16-.03 - Commission Order in Condemnation Cases

Current through Rules and Regulations filed through June 27, 2024
If the Commission ultimately determines such condemnation to
				  serve a public purpose, it shall issue a final order approving any condemnation
				  petition by a railroad company, and the Commission shall provide the
				  petitioning railroad company with a certified copy of such order for use by
				  such company in its condemnation action under Title 22.
Authority O.C.G.A.
				  Secs. 46-2-58,
				  46-8-120,
				  46-8-121.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.03 - Commission Operations

Current through Rules and Regulations filed through June 27, 2024
(1)
Certifications of License History.
Upon written request the Commission shall provide a certification of the
			 history of a licensee's records with the Commission only for the five years
			 immediately preceding the written request. However, regardless of the date of
			 occurrence, the Commission shall provide a certification of any records it
			 maintains of any disciplinary sanctions taken against the license of any
			 licensee. Whenever the certification is to be utilized in a court of law, the
			 party making the written request for the certification shall also indicate the
			 name of the case, its case number, and the name of the court in which the
			 certification will be used.
see also O.C.G.A. §
									43-40-2,
				43-40-6, &
				43-40-24.
(2)
Maintenance of Records
. The
			 Commission shall maintain investigative files under the following schedules:
(a) forty years for all investigative files
			 in which the Commission imposes a disciplinary action or makes a payment from
			 the Recovery Fund; and
(b) fifteen
			 years for all other investigative files.
see also O.C.G.A. §
										43-40-2,
				43-40-3,
				43-40-7,
				43-40-12,
				43-40-14,
				43-40-16,
				43-40-19, &
				43-40-20.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.05 - Maintaining a License

Current through Rules and Regulations filed through June 27, 2024
(1)
Required Education.
O.C.G.A.
			 Section 43-40-8(d) requires
			 that each salesperson must furnish to the Commission within one year of the
			 issuance of an original salesperson's license evidence of satisfactory
			 completion of a post-license course of study of at least 25 instructional hours
			 (other than the Salespersons Prelicense Course or Brokers Prelicense Course)
			 approved by the Commission. Salespersons must have completed such course:
(a) no earlier than one year before the date
			 of issuance of the original salesperson's license, or
(b) no later than either:
1. one year after the date of issuance of an
			 original salesperson's license or
2. eighteen months after the date of issuance
			 of an original salesperson's license if the salesperson qualifies for the six
			 month extension of time authorized by the O.C.G.A. Section
			 43-40-8(d).
(c) if the salesperson is a
			 non-resident who has successfully completed in his or her state of residence a
			 post-license course substantially similar to Georgia's Salespersons
			 Post-license Course prior to the issuance of a Georgia salesperson's license
			 (or in the first year after being issued such a license), then such course
			 shall be deemed to have met the requirements of O.C.G.A. Section
			 43-40-8(d).
(d) In order to renew an active license, a
			 licensee shall furnish to the Commission evidence of satisfactorily completing
			 thirty-six (36) instructional hours of continuing education courses during the
			 renewal period. The effective date of this requirement shall be July 1, 2015.
			 Any licensee who renews an active license on or after this date must have
			 completed thirty-six (36) hours of continuing education courses to
			 renew.
(e) A licensee shall
			 satisfactorily complete at least three (3) hours of continuing education on the
			 topic of license law during each renewal period. The effective date of this
			 requirement shall be July 1, 2016. Any licensee who renews an active license on
			 or after this date must have completed at least three (3) hours of continuing
			 education on the topic of license law in order to renew.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.06 - Brokerage Relationships

Current through Rules and Regulations filed through June 27, 2024
(1)
Brokerage Engagements.
(a) Each exclusive brokerage agreement must
			 fully set forth its terms and have a definite expiration date.
(b) At the time of securing a brokerage
			 engagement, the licensee securing it must furnish each person signing it a true
			 copy thereof.
(c) The Commission
			 prohibits the acceptance by brokers of net brokerage engagements and hereby
			 makes it obligatory upon the broker, when securing the brokerage engagement, to
			 add the broker's fee thereby notifying the client of the gross price of the
			 property and the broker's services.
See also O.C.G.A.§§
										43-40-2&
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.07 - Management Responsibilities of Real Estate Firms

Current through Rules and Regulations filed through June 27, 2024
(1)
Name of Firm.
A broker shall
			 not conduct business under any name other than the one in which the broker's
			 license is issued.
(2)
Responsibilities of Brokers or Qualifying Brokers.
(a) A real estate broker or qualifying broker
			 shall be held responsible for any licensee whose license is affiliated with the
			 broker or the broker's firm who violates any of the provisions of O.C.G.A.
			 Chapter 43-40 and its attendant Rules and Regulations.
(b) Every broker or qualifying broker shall
			 be responsible to instruct licensees affiliated with the broker or the broker's
			 firm of the provisions set forth in the License Law and its Rules and
			 Regulations.
(c) The broker or
			 qualifying broker shall notify the Georgia Real Estate Commission of any
			 violation of the License Law and its Rules and Regulations.
See also O.C.G.A. §§
										43-40-1,
				43-40-2, &
				43-40-18.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.09 - Advertising

Current through Rules and Regulations filed through June 27, 2024
(1)
Definitions.
(a)
Advertising or
			 Advertisement
.For the purposes of this Rule, the term "advertising" or
			 "advertisement" means any manner, method, or activity by which a licensee
			 through the use of any media makes known to the general public real estate for
			 sale, rent, lease, or exchange.
(b)
Media
. For the purposes of this Rule, the term "media" includes,
			 but is not limited to, print, photographs, broadcast, and the Internet
			 including, but not limited to, such examples as newspapers, magazines, flyers,
			 posters, business cards, billboards, radio, videos, television, signs
			 (including office, directional,"for sale," "for lease," "sold," or vehicle
			 signs), newsletters, voicemail, email, facsimile transmissions, Internet
			 websites, blogs, video blogs, property listing database services, email
			 farming, news groups, discussion lists, bulletin boards, social
			 networking/social media, instant text messages, multimedia advertising, banner
			 ads, pop-ups, and similar media.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.11 - Licensees Acting as Principals

Current through Rules and Regulations filed through June 27, 2024
(1)
Written Notification to Broker.
No licensee shall be permitted to list, sell, buy, exchange, rent,
			 lease, or option or offer to list, sell, buy, exchange, rent, lease, or option
			 real estate, either in individual or multiple parcels, in the licensee's own
			 name or in the name of any other firm or entity in which the licensee is an
			 officer, employee, beneficiary, or member of such firm or other entity acting
			 as principal without first advising, in writing, the broker for whom the real
			 estate licensee is acting.
(2)
Offers to Buy Associated with a Brokerage Relationship
. Whenever a
			 licensee offers to purchase a property as a condition to obtaining a brokerage
			 engagement to sell, lease, or exchange or on which the licensee is extending
			 the expiration date of an existing brokerage engagement, the licensee must
			 enter into a written contract to purchase which expresses all the terms and
			 conditions of the licensee's purchase prior to or at the time of entering into
			 the proposed brokerage engagement or into the extension of the existing
			 brokerage engagement. Whenever a licensee offers to purchase a property in
			 order to enable a party to purchase, sell, lease, or exchange another property,
			 the licensee must enter into a written contract to purchase which expresses all
			 the terms and conditions of the licensee's purchase prior to or at the time of
			 the other party's entering into a contract to purchase, sell, lease, or
			 exchange the new property.
(3)
Licensees Advertising as Principals.
Licensees advertising to buy,
			 sell, or exchange real property for their own accounts must comply with the
			 advertising requirements of Rule
			 520-1-.09.
O.C.G.A. Secs.
				43-40-1,
				43-40-2,
				43-40-7,
				43-40-11,
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.12 - Business Brokerage

Current through Rules and Regulations filed through June 27, 2024
Unless otherwise excepted from licensure requirements by
				O.C.G.A. Section
				43-40-29, a person who brokers the
				sale of a business must hold an appropriate license issued by the Commission if
				the sale of the business involves the transfer of any interest (including, but
				not limited to, leasehold or ownership interest) in real property. A business
				broker and any of the business broker's associates who do not hold licenses
				issued by the Commission may not negotiate or attempt to negotiate or assist in
				procuring prospects for the sale of a business where:
(a) that sale involves the transfer of any
			 interest in real property, or
(b)
			 where the payment of all or part of a commission or fee to the business broker
			 or any of the business broker's associates in the sale of a business is
			 contingent upon the transfer of an interest in real estate.
An unlicensed broker may not perform or attempt to perform the
				acts in the preceding sentence and then secure a person licensed by the
				Commission to approve that transaction.
See also O.C.G.A. §§
									43-40-1;
				43-40-2;
				43-40-29; and
				43-40-30.
O.C.G.A. Secs.
				43-40-2,
				43-40-14.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.13 - Fair Housing

Current through Rules and Regulations filed through June 27, 2024
(1)
Prohibited Representations.
No licensee or agent or employee of a licensee shall represent, explicitly or
			 implicitly, for the purpose of inducing or discouraging the purchase, sale, or
			 rental of any real property or the listing for purchase, sale, or rental of any
			 real property:
(a) that a change has occurred
			 or will or may occur in the composition of any block, neighborhood or area
			 based upon race, color, religion, sex, handicap, familial status, or national
			 origin;
(b) that the presence of
			 persons of any particular race, color, religion, sex, handicap, familial
			 status, or national origin in an area will or may result in the following:
1. a lowering of property values in the
			 neighborhood;
2. a material change
			 in the composition of the area based upon race, color, religion, sex, handicap,
			 familial status, or national origin;
3. an increase in criminal or antisocial
			 behavior in the area; or
4. a
			 decline in the quality of the schools serving the area.
See also O.C.G.A. §§
											43-40-2,
				43-40-15, &
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.15 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-1,
				43-40-2,
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.17 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-2,
				43-40-15,
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.18 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-2,
				43-40-15,
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.19 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-1,
				43-40-2,
				43-40-15,
				43-40-25,
				43-40-29,
				43-40-30.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.20 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-1,
				43-40-2,
				43-40-12,
				43-40-19,
				43-40-25,
				43-40-29.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.21 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-1,
				43-40-2,
				43-40-18.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.22 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-2,
				43-40-15,
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.23 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-2,
				43-40-9,
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.24 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-1,
				43-40-2,
				43-40-9,
				43-40-25.
Compilation of Rules and Regulations of the State of Georgia › Department 520 - GEORGIA REAL ESTATE COMMISSION › Chapter 520-1 - LICENSURE AND BROKERAGE › Rule 520-1-.25 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-40-2,
				43-40-7, 40-43-14,
				43-40-16.