0 chapters · 1,103 sections in this title.
O.C.G.A. § 43-40-1 Definitions
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As used in this chapter, the term: (1) ‘‘Associate broker’’ means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker. (2) ‘‘Broker’’ means any person who, for another, and who, for a fee, commission, …
O.C.G.A. § 43-40-10 Requirements for firm to be granted broker’s license
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No broker’s license shall be granted to a firm unless: (1) Said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant r…
O.C.G.A. § 43-40-11 Form of license
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43-40-12. Fees; inactive status; licensure of broker as salesperson; penalty fees; extension of renewal period. 43-40-13. Disposition of fees collected under chapter. 43-40-14. Power of commission to issue, revoke, or suspend licenses and censure licensees; power to enter contrac…
O.C.G.A. § 43-40-12 Renewal, §43-40-12
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Continuing education, §43-40-8. Revocation or suspension, §§43-40-14, 43-40-15, 43-40-25, 43-40-26. Felony conviction. Failure to notify licensing authority, §43-1-27. Salesperson’s license. Qualifications, §43-40-8. Surrender of license, §43-40-15. Management of firm and licensed …
O.C.G.A. § 43-40-13 Disposition of fees collected under chapter
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All fees collected pursuant to this chapter shall be deposited by the commission into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by t…
O.C.G.A. § 43-40-15 CONSTRUCTION CONTRACTORS
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Residential and general contractors, §§43-41-1 to 43-41-18. CONFUSION. Certified public accountant or public accountant. Use of titles or devices, §43-3-31. Charitable organizations. Names, symbols or statements, §43-17-12. Dentistry trade names or corporate names, §43-11-47. CONS…
O.C.G.A. § 43-40-16 Refusal to issue licenses; hearings; judicial review
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(a) If the commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue a license to such applicant, the commission shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title …
O.C.G.A. § 43-40-18 Management of firm and licensed affiliates; compliance with local ordinances
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(a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-17. (b) …
O.C.G.A. § 43-40-19 Child support enforcement
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Noncompliance with child support order. Refusal to issue license, revocation or suspension of license, grounds for, §43-40-15. Commissioner, §43-40-4. License. Inactive status, §43-40-5. Community association management services. Fidelity bond or fidelity insurance requirements, §…
O.C.G.A. § 43-40-2 Definitions
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Creation of commission; members; meetings; recusal for conflict of interest; removal; compensation; annual report; budget unit. 43-40-3. Determination of fees by commission.
O.C.G.A. § 43-40-21 ESTHETICIANS
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Cosmetologists, §§43-10-1 to 43-10-20. EVIDENCE. Accountants. Board of accountancy records, §43-3-5. Certified public accountants. Evidence that individual claiming to be CPA, §43-3-30. EVIDENCE —Cont’d Accountants —Cont’d Investigative records, §43-3-20. Privileged communications…
O.C.G.A. § 43-40-23 Pocket cards, §43-40-11
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Qualifications of applicants, §43-40-8. Reinstatement of lapsed license, §43-40-12. Renewal, §43-40-12.
O.C.G.A. § 43-40-24 Requisites for maintenance of action under chapter
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(a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker in Georgia at the time the alleged cause of …
O.C.G.A. § 43-40-25 Code Commission notes
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— Pursuant to § 28-9-5, in 1985, in subsection (d), ‘‘Part 2 of Article 15 of Chapter 1 of Title 10’’ was substituted for ‘‘said part’’ the second time that phrase appears. Editor’s notes. — Ga. L. 1995, p. 993, § 1, repealed former Code Section 44-3-7, relat- ing to investigatio…
O.C.G.A. § 43-40-25.2 Alternative disciplinary procedures; citations
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(a) It is the intent of the General Assembly to provide the commission with measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation and letter of findings provided for in this Code section shall not be construed as a d…
O.C.G.A. § 43-40-26 Hearings before commission; judicial review
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(a) Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide an opportunity for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ Unless otherwise agre…
O.C.G.A. § 43-40-27.1 Conviction data
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(a) As used in this Code section, the term ‘‘conviction data’’ means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to…
O.C.G.A. § 43-40-28 Injunctive actions
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Whenever, in the judgment of the commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may maintain an action in the name of the state in the superior court of the county in which such vio…
O.C.G.A. § 43-40-29 Exceptions to operation of chapter
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(a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property …
O.C.G.A. § 43-40-3 Determination of fees by commission
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The commission is authorized to establish the amount of any fee which it is authorized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the commission…
O.C.G.A. § 43-40-3.1 Rules and regulations
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Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regu…
O.C.G.A. § 43-40-31 PROSECUTING ATTORNEYS
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Massage therapists. Local government. Prosecuting attorney, enforcement of local provisions, §43-24A-33. PROSTHETIC APPLIANCES. Orthotics and prosthetics practice, §§43-34-190 to 43-34-203. 846 INDEX PROSTITUTION. Roadhouses and dance halls. Occupying rooms for immoral purposes, …
O.C.G.A. § 43-40-5 Status of license of commissioner and commission employees
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The real estate license of the real estate commissioner and all other employees of the commission who are licensed by the commission shall be on inactive status during the time of their employment with the commission. The commissioner or such employees will not be required to pay…
O.C.G.A. § 43-40-6 Seal; records
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(a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words ‘‘State Real Estate Commission, State of Georgia,’’ and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commiss…
O.C.G.A. § 43-40-7 Application for licenses; confidentiality
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(a) Any person desiring to act as a real estate licensee must file an application for a license with the commission. All original and subsequent applications filed with the commission shall be in such form and detail as the commission shall prescribe, setting forth the following: (…
O.C.G.A. § 43-40-8 Educational courses
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Qualifications, §43-40-8. Fees, §43-40-12. Disposition of fees, §43-40-13. Filing of application, §43-40-7. Firms, §43-40-10. Form, §43-40-11. REAL ESTATE BROKERS AND SALESPERSONS —Cont’d Licenses —Cont’d Inactive status, §43-40-12. Commissioner and commission employees, §43-40-5.…
O.C.G.A. § 43-40-9 Appeals
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Cease and desist orders. Judicial review, §43-40-30. Disciplinary action. Judicial review, §43-40-26. Licenses. Denial. Judicial review, §43-40-16. Applicability of provisions. Exceptions, §43-40-29. Attorney general. Injunctive actions, §43-40-28. Audit of regulatory agencies. G…