Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-14-1 Short title
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This chapter shall be known and may be cited as the “Georgia Cemetery and Funeral Services Act of 2000.” History. Code 1981, § 44-3-130, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, § 1014-1, as redesignated by Ga. L. 2000, p. 1340 882, § 1; Ga. L. 2024, p. 1052, § 2(65)/SB 4…
O.C.G.A. § 10-14-10 Minimum acreage for cemeteries; exceptions
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(a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land. 1372 10-14-11 (b) The following cemeteries…
O.C.G.A. § 10-14-12 Rules and regulations, §10-14-14
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Authority of state board, §10-14-3.1. Minimum standards, §10-14-30. Owner of cemetery, §10-14-16. Sale of burial rights, burial or funeral services. Prohibited acts, §10-14-17. Secondary metals recyclers. Purchase of burial objects. Documentation of seller, §10-1-352. Secretary o…
O.C.G.A. § 10-14-13 Venue for civil or criminal actions
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For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance …
O.C.G.A. § 10-14-14 Administration of chapter; rules and regulations
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(a) The administration of the provisions of this chapter shall be vested in the Secretary of State. (b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all …
O.C.G.A. § 10-14-15 Investigations by Secretary of State; subpoenas; hearings
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(a) The Secretary of State, at his or her discretion: (1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or …
O.C.G.A. § 10-14-16 Cemetery rules and regulations; schedule of charges
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(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property wit…
O.C.G.A. § 10-14-17 Prohibited acts; fees
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(a) It shall be unlawful for any person: (1) To sell or offer to sell any burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to…
O.C.G.A. § 10-14-18 Duties of registrants; requirements of written contracts
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(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall: (1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for…
O.C.G.A. § 10-14-19 Enforcement of chapter; civil penalties
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(a) Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or is…
O.C.G.A. § 10-14-2 Legislative findings and intent
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(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to m…
O.C.G.A. § 10-14-20 Criminal penalties
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(a) Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to…
O.C.G.A. § 10-14-21 Purchaser’s remedy for violations
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(a) Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the co…
O.C.G.A. § 10-14-22 Judicial appeal of orders issued by Secretary of State
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(a)(1) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of…
O.C.G.A. § 10-14-24 Effect of consent to service of process
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When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the…
O.C.G.A. § 10-14-25 Registration, §§10-14-4, 10-14-7
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Applications, §10-14-4. Amendment, §10-14-9. Denial or refusal, §10-14-11. Duties of registrant, §10-14-18. Preneed dealers, §10-14-7. Preneed sales agents, §10-14-5. Renewal. Penalty for late filing of application, §10-14-11. Sale of or transfer of interest in registrant, §10-14-…
O.C.G.A. § 10-14-26 Secretary of State immune from liability
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For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune. Histor…
O.C.G.A. § 10-14-28 Actions pending under prior law
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(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless br…
O.C.G.A. § 10-14-29 Construction of mausoleums and columbariums; preconstruction trust funds
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(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the first such sale or 50 percent of the mausoleum …
O.C.G.A. § 10-14-3 Definitions
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As used in this chapter, the term: (1) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this definition, the terms “owns,” “is owned,” and “ownersh…
O.C.G.A. § 10-14-3.1 Authority of boards
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As provided in this Code section, the boards may have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duti…
O.C.G.A. § 10-14-30 Short title, §10-14-1
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Injunctions. Enforcement powers of Secretary of State, §10-14-19. Installation of merchandise. Prohibited acts, §10-14-17. Investigations. Secretary of State, §10-14-15. Legislative declaration, §10-14-2. Life insurance agents. Relationship with funeral establishments, §10-14-5.1…
O.C.G.A. § 10-14-5.1 Relationship between life insurance and funeral establishment
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Any individual engaged in the sale of life insurance shall not use the name of any funeral establishment or any price list which identifies the funeral establishment or any reference to a funeral establishment or crematory in connection with the sale of life insurance without the …
O.C.G.A. § 10-14-6 Perpetual care trust funds
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(a) As used in this Code section, the term “income” means: (1) The net income, including the collected dividends, interest, net realized gains, and other income of the trust reduced by any expenses, including, but not limited to, taxes on income, fees, commissions, and costs; or …
O.C.G.A. § 10-14-7 Preneed escrow accounts or trust funds
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(a)(1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services, other than preneed funeral services described in Code Section 10-14-7.1, shall establish and maintain a trust fund or a preneed escrow account. (2) With …