Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-1 - DEFINITIONS › Rule 681-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in these Rules and Regulations and in the Used Motor
				Vehicle Dealers and Used Motor Vehicle Parts Dealers' Registration Act, the
				following terms shall mean the following:
(a) "Administrative Procedures Act" means
			 O.C.G.A. Chapter 50-13.
(b) "Alter
			 ego" means a person who is actually acting on behalf of and in the place of
			 another person for purposes of being licensed or seeking licensure under this
			 act, where the person on whose behalf the other person is acting is ineligible
			 for licensure under Section
			  681-12-.05  of these rules.
(c) "Applicant for a new license" means an
			 individual or designee on behalf of a partnership, limited liability company,
			 or corporation, who submits an application for a new license.
(d) "Application for a new license" means an
			 application made by an individual who has not held a valid license within the
			 twelve months prior to the date of the application, except that any application
			 made by an individual who has never attended the seminar shall be considered an
			 application for a new license.
(e)
			 "Appropriate permanent sign" means a sign of sufficient size so as to apprise a
			 reasonable consumer that a used motor vehicle business is being conducted at
			 said location, identifying the business as a retail used car motor vehicle
			 dealer, and using the name under which the applicant is to be licensed. The
			 sign must meet the requirements in Board Rule
			  681-6-.01.
(f) "Building" means a permanent structure
			 affixed to real property and shall include modular or manufactured office
			 building, tied down and on blocks, with the wheels removed.
(g) "Business License" means any license
			 required by a city, county, or other municipality as a prerequisite to
			 operating a business within the city, county, or municipality.
(h) "Conspicuously displayed" means posted
			 inside the permanent building in an area which is most likely to be visited by
			 consumers and posted in a manner which allows the consumer to easily read and
			 copy from the license.
(i)
			 "Consumer," for purposes of these rules, means anyone who is solicited, or who
			 seeks to purchase a used motor vehicle.
(j) "Dealers' registration plate" means the
			 license plates issued to dealers by the State Revenue Commissioner as described
			 in Georgia Code Annotated Section
			  40-2-38.
(k) "Fee schedule" means a written listing of
			 the amounts of all fees charged by the Board.
(l) "Investigate" means to conduct
			 fact-finding inquiries and activities in the public interest in order to arrive
			 at an objective conclusion on the full and complete facts regarding a
			 particular complaint, complaints, incident, or incidents. Investigations shall
			 include those investigations:
1. conducted by
			 the Board, its designee, or by investigators assigned to the Board; or
2. conducted by the Administrator
			 of the Fair Business Practices Act of 1975, or conducted by the State Revenue
			 Commissioner or by his employees, where a violation found in such
			 investigations would also be a violation of the Used Motor Vehicle Dealers'
			 Registration Act.