Georgia Administrative Code

The Public may obtain information from the Board by contacting the Board office located at 237 Coliseum Drive, Macon, Georgia 31217.

Refer to fee schedule for appropriate fees payable to the Board. Fees may be reviewed and changed at the discretion of the Board. Any request for refund must be submitted in writing.

The Georgia Behavior Analyst Licensing Board hereby adopts by reference as its permanent rules Chapter 295 Joint Secretary, Professional Licensing Boards, and any future amendments thereto, of the Rules and Regulations of the Office of the Division Director, Professional Licensin…

The Georgia Behavior Analyst Licensing Board hereby adopts by reference, as the foundation of ethical and professional behavior, the Behavior Analyst Certification Board (2020) Ethics Code for Behavior Analysts, and any future amendments thereto.

(1) Each person desiring to obtain a license as a Licensed Behavior Analyst (LBA) pursuant to this chapter shall submit the appropriate application to the Board, the fee (see fee schedule) and all required supporting documents. The most current versions of applications and other …

The board shall issue a license to a person who is actively licensed as a behavior analyst in good standing in another state if such state imposes comparable licensure requirements as those imposed pursuant to this chapter and such state offers reciprocity to individuals licensed…

A board certified behavior analyst or a board certified assistant behavior analyst residing and practicing in another state who temporarily provides applied behavior analysis services in this state to a resident of this state may apply for a Temporary License to practice behavior…

(1) Proposed activities in Georgia by financial institutions, may require a form application, a letter application, a form registration, or merely a letter notification to the Department. Certain qualifying institutions may be eligible to shorten the form of application, and may …

(1) An application for chartering a Georgia state chartered bank is necessary. An organizing group should schedule an initial meeting with the Department to discuss chartering issues. An applicant holding company that has established a lawful banking business in Georgia which mee…

(1) Applications will not be considered for investigation until accorded official acceptance in compliance with Rule , until any appropriate application to the federal banking agency having jurisdiction has been accepted for filing by the federal agency, and until any required pu…

(1) Applicants will be notified of receipt of applications for filing unless the department issues an approval of the application within seven days of receipt. For bank charter applications, applicants will be notified of official acceptance of the application upon satisfaction o…

(1) Hearings described in this Rule are held for the purpose of giving the public an opportunity to voice protest of charter applications as well as merger and acquisition applications pursuant to Rule and are not intended to conform to hearings under the Georgia Administrative P…

(1) Definitions of terms used in this regulation are provided in O.C.G.A. § 7-1-600. (2) Establishment of a branch office: (a) New or additional branch offices may be established with the prior approval of the Department by regular application or by expedited application for cert…

(1) No notification is necessary for an extension that is an ATM, cash dispensing machine, night depository or point of sale terminal. (2) If any other extension is located within the boundary lines of a single contiguous area of property owned or leased by the bank and used as a…

(1) Conversion to state-chartered bank. A meeting with the Department should precede filing a letter form application, which application should include all of the information requested in the Applications Manual. (2) Reserved. (3) Mergers. The procedure for approval of a merger i…

(1) Standards for consideration of applications submitted by banks, whether covered under this Rule Chapter or otherwise, shall in most cases include: evaluations of financial history and condition of the applicant; adequacy of applicant capital; future earnings prospects for app…

(1) The following criteria, when met and certified to by an applicant financial institution, shall, where permitted by statute or rule, qualify the bank to utilize a shorter application and/or an expedited process for approval: (a) The bank must be well capitalized as defined in …

(1) Notice and approval to acquire voting control of a large state chartered financial institution. No person shall (a) acquire voting control of any large financial institution or (b) initiate or actively propose in opposition to the board of directors of the large financial ins…

(1) In order to invoke O.C.G.A. § 7-1-296, a bank must provide the Department with notice if it intends to utilize a federal power or avail itself of any federal preclusion or preemption of any provision of law, rule or regulation of this State. Such notice shall contain the foll…

At least thirty (30) days prior to conducting a savings promotion raffle under O.C.G.A. § 7-1-239.10, a bank must provide the Department with written notice detailing the proposed savings promotion raffle. Such notice shall, at a minimum, contain the following information: (a) A …

(1) Banks may purchase, hold, and convey real estate only such as shall be necessary for the convenient transaction of its business and recreational use of its employees, except that real estate commonly referred to as Other Real Estate and as defined herein may be held for not l…

(1) Except as otherwise provided in this Rule, a bank may purchase real property for expansion purposes only with the prior written approval of the Department. (2) Department approval shall be granted only in those cases where the applicant bank provides reasonable assurance that…

(1) Expansion of bank premises may be performed by a bank without the prior approval of the Department of Banking and Finance wherever the ultimate and final cost of the expansion or extension will not result in a fixed asset investment by the bank in excess of the sixty (60) per…

Any relocation or construction of new bank premises which will result in a change of the official street address of any bank, whether or not such change can be accomplished within the legal limitation on fixed asset investment, must have the prior approval of the Department of Ba…

(1) With the prior approval of the Department of Banking and Finance, any bank may invest in all of the outstanding capital stock of a subsidiary corporation organized for the purpose of owning bank premises which might be legally owned by such bank and such investment shall be i…

Lease contracts covering land, buildings, or furniture, fixtures, and equipment which result in a bank obtaining title to the property at the expiration of the lease or at any time prior thereto for the payment of any moneys less than the fair market value of the property at time…

(1) Fixed Asset Investment as used in this Regulation shall include land, buildings, furniture, fixtures, equipment, stock in a real estate holding company subsidiary, stock in cooperative parking facilities corporations, and loans to such subsidiary corporations and leasehold in…

(1) All assets acquired through foreclosure or in lieu of foreclosure and all "Other Real Estate" acquired in such manner or otherwise shall be valued six (6) months prior to or three (3) months following the acquisition by an independent appraiser knowledgeable in the fair marke…

(1) Pursuant to O.C.G.A. § 7-1-262(a)(1), a bank may acquire and hold real estate the bank occupies or intends to occupy primarily for the transaction of its business or the business of any subsidiary or affiliate. Subject to compliance with the provisions of this rule as well as…

The following records of the Department of Banking and Finance shall be subject to inspection by members of the public: (a) Sections of accepted Applications for Charter, received applications for Branch Office, Relocation, Merger, Acquisition of Control of Financial Institutions…

(1) Consistent with Code Sections 7-1-70 and 7-1-1009, the following records of the Department of Banking and Finance are declared to be in the nature of examination reports obtained by or for the confidential use of the Department in ascertaining the true condition of the bank o…

To the extent necessary to prevent an invasion of personal privacy, the Commissioner may delete identifying details from documents described in this chapter. In each case of such deletion, the justification therefor will be clearly explained in writing.

(1) Requests for copies of records must be in writing and must state the name of the person for whom the records are being sought and the purpose for which the records are to be used. (2) Requests for copies of records believed to be for fraudulent, anticompetitive, or other ille…

(1) When necessary or appropriate for business purposes, a financial institution, or any director, officer, or employee thereof, may disclose information contained in, or related to, reports of examination issued by the Department, to a person or organization officially connected…

(1) The Board of Directors of any state-chartered bank in this State may declare and the bank may pay dividends on its outstanding capital stock without any requirement to notify the Department or request the approval of the Department under the following conditions: (a) Total ad…

(1) No bank or trust company shall purchase, lease, or sell any asset or service from or to any affiliate upon terms which are detrimental to the bank or trust company or any minority shareholders of the bank or trust company. Methods for determining propriety of a transaction sh…

(1) Correspondent (or Federal) Funds shall mean excess funds of one financial institution placed with another financial institution at interest and subject to immediate withdrawal. Funds shall include "unsecured day(s) funds". (2) For purposes of this Rule,"financial institution"…

(1) Correspondent Funds Placed (Sold) shall not be considered to be extensions of credit but shall have the same status as a deposit provided the funds are withdrawable on demand and are unsecured. (2) Correspondent Funds Held (Purchased) shall not constitute borrowings, but shal…

No correspondent Funds may be placed (sold) with another financial institution in excess of fifteen (15) percent of the placing (selling) financial institution's statutory capital base without the prior approval of the recipient by the Board of Directors, or a committee thereof, …

(1) Every bank shall have an audit of its books and records performed at least annually by independent public accountants in accordance with generally accepted auditing standards. The audit must be of sufficient scope to enable the auditor to render an opinion on the financial st…

(1) An institution shall have an internal audit program that is appropriate to the size of the institution and the nature and scope of its activities. An appropriate internal audit program consists of qualified persons and provides for effective: (a) Monitoring and reporting on t…

An ATM machine, which by definition in O.C.G.A. § 7-1-603 takes deposits, and a night depository may be established anywhere in this state. Establishment of an ATM machine in this state does not constitute doing a banking business here.

(1) Banks may provide unlimited banking services through mobile banking units that do not have a single, permanent site and use a vehicle that travels to various locations to enable customers to conduct the business of banking. (2) A mobile branch may provide banking services at …