Title 43 — Title 43
0 chapters · 1,103 sections in this title.
O.C.G.A. § 43-6-1 Definitions
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As used in this chapter, the term: (1) “Absolute auction” shall mean that ownership and title of real or personal property offered at auction must be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner o…
O.C.G.A. § 43-6-10 Application by person for license
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Any person desiring to act as an auctioneer must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following: (1) The name and address of the applicant or the name under whic…
O.C.G.A. § 43-6-11 Qualifications of applicants
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(a) No auctioneer’s license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he or she has fully complied with Code Section 43-6-12, nor to any person who is not a citizen or has not filed his or h…
O.C.G.A. § 43-6-11.2 Seal, §43-6-6
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Affixing to licenses, §43-6-14. 698 INDEX AUCTIONEERS —Cont’d Audit of regulatory agencies. General provisions, §§43-2-1 to 43-2-5. Branch offices. Licenses, §43-6-14. Change of place of business. Notification to commission, §43-6-21. Companies conducting business of auctioning. R…
O.C.G.A. § 43-6-12 Charitable solicitations, §43-17-18
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Charitable organizations. Consent to service upon secretary of state, §43-17-5. Notice of opportunity for hearing, §43-17-16. Dentists.
O.C.G.A. § 43-6-12.1 Proof of residence
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In order for an applicant to obtain an auctioneer’s license, such applicant must show proof of a residence. History. Code 1981, § 43-6-12.1, enacted by Ga. L. 1996, p. 657, § 6. 43-6-13. License fees; effect of nonpayment of checks submitted as fee. (a) The division director, at …
O.C.G.A. § 43-6-14 Contents and display of license
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Each license shall have placed thereon the seal of the commission. The license of each auctioneer shall be delivered or mailed to his or her place of business and shall be displayed conspicuously at all times in the office of the licensee. The commission shall prepare and deliver…
O.C.G.A. § 43-6-14.1 Carrying license identification card required
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All licensees must carry on their person, when participating in the auctioneering business in any capacity, their Georgia auctioneer’s license identification card and must present such card upon demand by any official of the State of Georgia. History. Code 1981, § 43-6-14.1, enact…
O.C.G.A. § 43-6-16 Grounds for refusal to issue license
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(a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of auctioning in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualification…
O.C.G.A. § 43-6-17 Procedure upon nonacceptance of applications
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If the commission, after an application in proper form has been filed and accompanied by the proper fee, shall refuse to accept the application, the commission shall provide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the “Georgia Administrative Pro…
O.C.G.A. § 43-6-18.1 Inspector
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The commission shall have an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining …
O.C.G.A. § 43-6-18.2 Sanctions
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After notice and opportunity for hearing as provided in Code Section 43-6-19, the commission, in its discretion, may sanction, as provided in Code Section 43-1-19 and Code Section 43-6-18, a company registered or required to be registered in accordance with this chapter. History.…
O.C.G.A. § 43-6-19 Charitable solicitations
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Secretary of state, §43-17-16. Investigative hearing, §43-17-11. Notice, §43-17-16. Chiropractors. Disciplinary actions, §43-9-13. HEART-LUNG MACHINES. Clinical perfusionists, §§43-34-170 to 43-34-180. 778 INDEX HEART TRANSPLANTS. Clinical perfusionists, §§43-34-170 to 43-34-180.…
O.C.G.A. § 43-6-21 Notification of change of business address
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Should the auctioneer change his or her place of business, he or she shall notify the commission in writing within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer. History. Code 1933, § 84-317A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L…
O.C.G.A. § 43-6-22 Charitable solicitations
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Collection receptacles. Failure of operator of receptacle to get permission, to remove or to maintain, §43-17-8.1. Immigration assistance providers. Private cause of action by person suffering injuries or damages, §43-20A-7. Motor vehicles.
O.C.G.A. § 43-6-22.1 Auctioneers education, research, and recovery fund
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(a) The commission is authorized and directed to establish and maintain an auctioneers education, research, and recovery fund. (b) The commission shall maintain a minimum balance of $100,000.00 in the auctioneers education, research, and recovery fund from which any person, excep…
O.C.G.A. § 43-6-23 Injunctions
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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 bring an action in the name of the state in the superior court of the county in which venue is pr…
O.C.G.A. § 43-6-24 Exceptions to operation of chapter
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Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter shall not apply to any nonprofit organization conducting …
O.C.G.A. § 43-6-24.1 Liabilities of licensed auctioneer not relieved
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Nothing in this chapter shall relieve an auctioneer licensed in this state of all his or her liabilities under this chapter. History. Code 1981, § 43-6-24.1, enacted by Ga. L. 1993, p. 1030, § 8. 43-6-25. Penalty.
O.C.G.A. § 43-6-25 Penalty
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Any person or corporation acting as an auctioneer within the mean225 43-6-26 ing of this chapter without a license and any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, by impris…
O.C.G.A. § 43-6-25.1 Local regulations and licensing
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Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any auctioneer required to be licensed by this c…
O.C.G.A. § 43-6-3 Selection of chairman; rules and regulations; meetings
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(a) The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter. (b) The commission shall m…
O.C.G.A. § 43-6-4 Reimbursement of commission members
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Each member of the commission shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. History. Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1. 208 43-6-8 43-6-5. [Reserved] Commission reports to Governor and General Assembly. History. Ga. L. 1975, …
O.C.G.A. § 43-6-6 Seal
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The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words “State Auctioneers Commission, State of Georgia” and such other devices as the commission may desire included thereon, by which it shall authenticate the acts of the commission. H…
O.C.G.A. § 43-6-7 Adoption of rules and regulations
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The commission is authorized to adopt rules and regulations relating to the professional conduct of licensees, a code of ethics, and the administration of this chapter. Such rules and regulations shall not apply to and shall not set schedules of fees or commissions for the servic…