Georgia Administrative Code

In addition to the requirements of Rule above, all Non-Participating Manufacturers shall make escrow deposits on a quarterly basis.

All Non-Participating Manufacturers must deposit quarterly escrow payments into a Qualified Escrow Account no later than thirty (30) days after the end of the quarter in which the sales are made.

All Non-Participating Manufacturers must provide the Attorney General with a quarterly certification in the form prescribed by the Attorney General in Rule along with official notification from the escrow agent of the quarterly escrow deposit. The quarterly certification and offi…

For purposes of this subchapter, the calendar year shall be divided into the following quarters: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.

For purposes of this chapter, Non-Participating Manufacturers who are required to make escrow deposits must place into a qualified escrow account, within the time specified in this chapter, the following amounts (as such amounts are adjusted for inflation): (a) For each of 2003 t…

(1) A written determination of the Attorney General to exclude or to remove from the directory a brand family or tobacco product manufacturer may be appealed to the Office of State Administrative Hearings. The notice of appeal shall be sent by certified mail, return receipt reque…

(1) Within a reasonable period after receipt of a notice of appeal, the Attorney General shall transmit the appeal to the Office of State Administrative Hearings for hearing and initial decision. (2) Within thirty (30) days from the initial decision by the Office of State Adminis…

In addition to all other grounds for removal or denial of listing in the Directory stated in this Rule or in Chapters 13 and 13A, the Attorney General may deny listing of a Tobacco Product Manufacturer and/or Brand Family in the Directory, or remove a Tobacco Product Manufacturer…

If any quarterly or yearly escrow deposit is not made in full or if an accurate and fully completed certification with official notice of the escrow deposit is not provided to the Attorney General within the time required by law, the delinquent Non-Participating Manufacturer and …

These Amended Rules shall become effective 20 days after filing with the Secretary of State of Georgia.

(1) Annual Certification Form required by Rule , Code Section 10-13-3(2)(C) and Code Section 10-13A-3. CERTIFICATION PURSUANT TO O.C.G.A. § 10-13A-3 STATE OF GEORGIA Part 1: Tobacco Product Manufacturer Identification Company: ____________________________________________________ …

(a) A person whose legal rights are affected by these rules may petition the Attorney General to enact, amend or repeal any rule pertaining to Chapter 13 or Chapter 13A of Title 10. (b) The petition must set forth the proposed new regulation or amendment, or identify the rule for…

(a) A person whose legal rights are affected by these rules may petition the Attorney General for a declaratory ruling on the applicability of these rules. (b) Declaratory rulings shall not be made upon untrue, moot, contingent or hypothetical facts or situations, but only upon a…

(1) All applications, records, correspondence, reports, and other documents or information filed with or produced to the Attorney General pursuant to the various provisions of the Act shall be maintained in accordance with approved record retention schedules, in original or other…

All definitions contained in O.C.G.A. § 10-1-782 are hereby incorporated by reference into this Chapter. Additionally, as used in this Chapter and the Georgia Lemon Law, the term: (1) "Act" or "the Act" means the Georgia Lemon Law of 2008, as set forth in Article 28 of Chapter 1 …

(1) Each manufacturer of motor vehicles sold or registered in this state must provide to the Attorney General, in writing, the name, title, mailing address, e-mail address, telephone number, and facsimile number of the manufacturer's representative or other designated representat…

(1) Each new motor vehicle dealer shall submit the following on a quarterly basis: (a) a report, on a form prescribed by the Attorney General, containing the total number of new motor vehicles sold or leased during the quarter; and (b) two (2) of the three (3) dollars collected f…

(1) At the time of each purchase or lease of a new motor vehicle, the dealer shall provide the consumer with a written statement that explains the consumer's rights under the Georgia Lemon Law. This "Lemon Law Rights Statement" shall be a form prescribed by the Attorney General. …

(1) The manufacturer shall include, either in its express warranty or in a separate section of materials accompanying each new motor vehicle sold or leased in Georgia, the following information about its certified mechanism: (a) A statement of the availability of its certified me…

(1) The certified mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes. Consumers shall not be charged any fee for use of the certified mechanism. (2) (a) The manufacturer and the certified mechanism sha…

(1) The certified mechanism shall establish written procedures for resolution of disputes. The procedures shall include, at a minimum, those items specified below: (a) The certified mechanism shall immediately inform both the manufacturer and the consumer of the filing of a dispu…

(1) The certified mechanism shall maintain records on each dispute received. The records shall include: (a) Name, address and phone number of the consumer; (b) Name, address and phone number of the manufacturer's contact person; (c) The date of receipt of notice of the dispute an…

(1) The certified mechanism shall compile statistics annually for each manufacturer for which it has been certified. The statistics shall be indexed by manufacturer and compiled for all disputes received between January 1 and December 31 each year. (2) The statistics compiled by …

(1) The certified mechanism proceedings to hear and decide disputes shall be open to observers on reasonable and nondiscriminatory terms. (2) The certified mechanism shall establish written policies and procedures with regard to record retention and production. The policy shall b…

(1) Any manufacturer seeking certification of a mechanism under O.C.G.A. § 10-1-785(d) shall submit an application for certification to the Attorney General. The application shall include the following: (a) The name, address and telephone number of the mechanism; (b) The name, ti…

(1) If the Attorney General believes or has cause to believe that a certified mechanism is not in compliance with O.C.G.A. § 10-1-780et seq. or this Chapter, the Attorney General shall notify both the manufacturer and the certified mechanism, in writing, of his or her allegations…

(1) If the Attorney General revokes or denies the renewal of a mechanism's certification, or a manufacturer voluntarily discontinues use of its certified mechanism, a consumer may remove his or her pending dispute from the mechanism and apply for arbitration pursuant O.C.G.A. § 1…

(1) The Attorney General shall create and adopt an application form, to be completed by the consumer in requesting arbitration. This application may require consumer consent to the release of information by third parties. The application may be obtained by the consumer from the A…

(1) Following receipt of an eligible state arbitration application, the panel shall assign a case number and notify the consumer and manufacturer by statutory overnight delivery or by certified mail, return receipt requested, that the case has been deemed eligible for arbitration…

(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 manufact…

(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. …

(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 (2) If the manufacturer examines the vehicle,…

(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 s…

(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 …

(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)…

(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…

(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 and requested to provide, at a minimum, the following documents and information: (a) I…

(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…

(1) The arbitrator(s) shall have discretion to postpone or continue a scheduled hearing, upon or without the request of a party. Factors to be considered in connection with a determination include, but are not limited to: the basis for the request; the timeliness of the request; …

(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 . (2) If a manufacturer fails to appear,…

(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 (…

(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…

(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 ac…

(1) An oral hearing shall be conducted in a manner designed to encourage a full and complete disclosure of the facts and to afford each party the opportunity to present evidence and make legal arguments. The hearing procedure contemplates that all parties will appear in person. H…

(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 th…

(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 …

(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 purch…