Georgia Administrative Code

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: (1) "Administrative Procedures Act" means O.C.G.A. Chapter 50-13. (2) "Alter ego" means a person who …

(1) Every licensee shall maintain in the established place of business for three (3) years (or for a longer period of time if required by other statute, law, or regulation), and have available at all times for inspection, the following: (a) Deal Jackets as defined in Rule 681-1-.…

All applicants for a new license, as defined in these Rules and as described in Chapter 681-12 of these Rules, prior to obtaining licensure as a used motor vehicle dealer are required to attend a Board approved seminar.

(1) In order to be approved by the Division a seminar must meet the following criteria to the satisfaction of the Division: (a) the names of the individuals who will be conducting the seminar must be submitted with the application for approval of the seminar. Such instructor or i…

(a) At the end of each year, the individual(s) conducting the seminar must submit the course outline and course materials and the Division shall be authorized to review those materials to determine whether the criteria are still being met. (b) The Division reserves the right to s…

The Division reserves the right to conduct the seminar itself should the Division, in its discretion, determine that a Division-conducted seminar is necessary to provide applicants for licenses an adequate opportunity for the required educational seminar.

(1) In the event that a corporation, duly licensed to do business in the State of Georgia, makes application for licensure, such corporation shall designate as the "applicant:" (a) the President of the corporation; (b) the Secretary of the corporation; or (c) a designated Corpora…

(1) In the event that a partnership, duly licensed to do business in the State of Georgia, makes application for licensure, such partnership shall designate as the "applicant"; (a) one of the partners; or (b) a designated agent of partnership who is a full-time employee of the pa…

The applicant for licensure for a sole proprietorship shall be the sole proprietor.

Should any person or entity other than a corporation, a partnership, or a sole proprietorship desire to make application for licensure, the Division will, upon receipt of notice that such person seeks licensure, determine who may be the applicant for that person or entity, and un…

(1) If the license of a corporation has been revoked, the corporation, the licensee, nor the designated agent, may make application for reinstatement of license for a period of five (5) years, without the approval of the Division; and any facility which the corporation owned or o…

(1) As used in this rule, the following terms shall mean: a. "Board" means the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, Used Motor Vehicle Dealers Division. b. "License" means any license issued by the State Board of Registra…

Whenever any licensee makes application for renewal of a license, the licensee shall attest on the renewal application that he or she has completed the required Division approved Continuing Education within nine (9) months prior to the renewal of the license, and that he or she c…

Renewal of a license shall not be granted unless the licensee submits satisfactory proof of at least six (6) hours of attendance at Board approved Continuing Education within nine (9) months prior to renewal of a license, even year. A minimum of one (1) hour s of Continuing Educa…

(1) In the discretion of the Division, the Division may grant prior approval to any of the following types of educational activities to meet Continuing Education requirements: (a) the Division approved seminar(s); (b) national or state automobile association sponsored seminars, c…

Any licensee who does not meet the requirements of this Rule shall be subject to having their license put on probation for a six-month period, receiving a private reprimand, and having to pay a $100 penalty fee in order to renew the license. In its discretion, the Division may im…

In an effort to maintain consistency in the denial of an application for or the sanction of a used motor vehicle dealer's license when a criminal act has been committed by an applicant or a licensee, the Used Motor Vehicle Division (hereinafter, the Division) has adopted specific…

All convictions for crimes, pleas of guilty, pleas of nolo contendere or other offenses for which first offender treatment was received shall be reported by applicants on the application for licensure; and for licensees, they shall be reported in a written notification to the Div…

At its discretion, the Division may review all instances in which an applicant for licensure or a licensee has been convicted of a crime involving violence, moral turpitude, or other felonies or crimes, and may apply any sanction available to the Division under the laws of this S…

During the period of sanction, the Division may grant a license, with or without a sanction, to an applicant or impose a sanction less than revocation, including no sanction, on a current license based on consideration of the nature of the offense, the date of the conviction, the…

The period of sanction for category "A" crimes shall be twelve (12) years. Category "A" crimes include the following: (a) armed robbery; (b) arson; (c) child molestation; (d) kidnapping; (e) murder; (f) odometer tampering; (g) rape; (h) stolen vehicles.

The period of sanction for category 'B' crimes shall be ten (10) years. Category 'B' crimes include the following: (a) burglary; (b) drug possession with the intent to distribute; (c) manslaughter; (d) robbery; (e) vehicular homicide.

The period of sanction for category "C" crimes shall be five (5) years. Category "C" crimes include the following: (a) aggravated assault; (b) aggravated battery; (c) drug possession or use; (d) entering an automobile illegally; (e) felony theft by conversion; (f) felony theft by…