Title 43 — Title 43

(a) Any person who suffers injury or damages as a result of acts or practices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as 596 43-…

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 …

Filing prior to commencement of campaign, §43-17-3. Solicitor agents. Criminal background investigation. Applicants qualifying to contact contributors, §43-17-3.1. Denial of registration, §43-17-3.1. Disclosures required, §43-17-8. Expiration of registration, §43-17-3.1. Fees. Ap…

Where a 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 arising out of or founded upon the solicitation of charitable c…

As used in this chapter, the term: (1) “Attorney General” means the Attorney General or his or her designee. (2) “Charitable organization” means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is de…

For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. History. Code 1981, § 43-17-20…

Any criminal proceeding or civil proceeding, including but not limited 603 43-17-23 to judicial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full force and effect on the date o…

Auctioneers. Auctioneers education, research and recovery fund, §43-6-22.1. Real estate brokers and salespersons. Real estate education, research and recovery fund, §43-40-22. FUNERAL DIRECTORS AND EMBALMERS. Age of license applicants, §43-18-41. Apprentices. Absence. Leaves of a…

Exemptions, §43-17-9. Financial statement, §43-17-7. Qualified by secretary of state. Requirement, §43-17-3. Records, §43-17-3. Registration, §43-17-3. Bonding requirements, §43-17-4. Solicitation being made by. Disclosure, §43-17-8. Solicitation notice. Filing prior to solicitati…

Compliance with provisions as prerequisite to collection of fees for services, §43-11-19. Licenses, §43-11-43. Schedule of fees. Board’s powers, §43-11-7. Driver training schools. Licenses, §§43-13-4, 43-13-5, 43-13-9. Temporary driver training permit, §43-13-2. Electrical and lo…

Board of professional counselors, social workers and marriage and family therapists. Disciplinary action against licensees, §43-10A-17. GOVERNOR.

Fraud, §43-17-23. Prohibited acts. Administrative sanctions, §43-17-13. Fraud. Felony, §43-17-23. Prohibited acts, §43-17-12. Fundraising counsel. Registration as paid solicitor, §43-17-3. Georgia charitable solicitations act of 1988. Short title, §43-17-1. Hearings. Secretary of…

Agreement with, §43-17-6. Defined, §43-17-2. Defined, §43-17-2. Prohibited acts, §43-17-12. Citation of act. Short title, §43-17-1. Class actions. Violations of provisions, §43-17-14. Collection receptacles. Defined, §43-17-2. Local governing authority enforcement of maintenance pro…

Exemptions, §43-17-9. Financial statement, §43-17-7. Filing with registration, §43-17-5. Records, §43-17-5. Registration, §43-17-5. Renewal of registration, §43-17-5. Service of process upon secretary of state. Written consent filed with registration application, §43-17-5. Suspens…

(a) Every charitable organization, paid solicitor, or solicitor agent required to be registered under this Code section, at the time of any solicitation that occurs in or from this state, shall include the following disclosures: (1) The name and location of the paid solicitor and…

Code 1981, § 43-17-8, enacted by Ga. L. 1988, p. 490, § 1; Ga. L. 2000, p. 1657, § 8; Ga. L. 2008, p. 683, § 6/HB 1104; Ga. L. 2010, p. 559, § 4/HB 863. 43-17-8.1. Requirements for use of collection receptacles for donations; penalty. (a) When any person makes a solicitation to t…

(a) The following persons are exempt from the provisions of Code Sections 43-17-5, 43-17-6, and 43-17-8: (1) Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection …

As used in this article, the term: (1) “Alternative container” means any receptacle or enclosure which is of sufficient strength to be used to hold and to transport a dead human body. (2) “Apprentice” means a person who practices embalming, funeral directing, or both, under the d…

It is declared that this article shall be deemed an exercise of the health powers of the state for the prevention of the spread of infectious, communicable, and contagious diseases and for the protection of the sanitation, health, and welfare of the people of this state; and that…

The State Board of Funeral Service existing immediately prior to April 11, 1990, is continued in existence and shall be constituted as provided in this article with the powers, duties, and authority vested in such board by this article. History. Code 1981, § 43-18-20, enacted by …

Composition of board; qualifications of members; vacancies; removal of members. Election of president; meetings; reimbursement of members; conflict of interest. Powers and duties; rules and regulations; seal. 43-18-52. 43-18-53. 43-18-54. 605 Application for license; examination. Q…

(a) It shall be unlawful for any person to engage in the practice of embalming or to represent to the public that such person is an 610 43-18-5 embalmer, mortician, or undertaker without first complying with this article. (b) It shall be unlawful for any person to engage in the bu…

Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not been licensed to do so shall make written application to the board through the division director for such license. Such application shall be upon such fo…

(a) Each applicant for a license as either an embalmer or a funeral director shall: (1) Be at least 18 years of age; (2) Be of good moral character; and (3) Have graduated from a high school or have earned a state approved high school equivalency (HSE) certificate. (b) In addition…

(a) The board may, in its discretion and in accordance with regulations adopted by the board, grant to any person licensed in another state, territory, country, or District of Columbia full privileges to engage in equivalent practice authorized by this article without taking a na…

(a) Each license issued by the board shall expire biennially. (b) If the licensee desires a renewal of such license, the board shall grant and issue the same without further examination upon application therefor and upon the payment of a renewal fee to be fixed by the board. Histo…

If a licensee who has passed the examination for licensure as a funeral director required under this part and who has not been subject to disciplinary action by the board allows his or her license to lapse for a period of not more than ten years, the board shall reinstate such fu…

Felony conviction. Failure to give notice to licensing authority, §43-1-27. Reinstatement of revoked license, §43-18-49. Student loans, failure to pay.

All funeral director and embalmer licenses and apprentice registrations issued under this article shall apply only to the person receiving same and shall not be transferred or assigned. History. Code 1981, § 43-18-45, enacted by Ga. L. 1990, p. 1372, § 1. 43-18-46. Grounds for de…

Licensed practical nurses, §43-26-40. Duties of board. Repealed July 2014, §43-26-35. Imposition of disciplinary sanction by board, §43-26-39. Nurses. Denial or sanction of licenses, §43-26-11. Imposition of disciplinary sanction by board, §43-26-9. Powers of board, §43-26-5. Rep…

The board may refuse to grant a license or registration. Refusal to grant a license or registration shall not be deemed to be a contested case under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 43-18-48, enacted by Ga. L. 1990, p. 1372…

At any time after the final termination of the proceeding revoking a license, the board may, by a majority vote, issue a new license to a person affected restoring and conferring all the rights and privileges of and pertaining to the practice of embalming or funeral directing, as …

(a) It shall be unlawful for any person, firm, or corporation or any 611 43-18-5 officer, agent, or employee of such person, firm, or corporation to practice or hold out to the public that such person, firm, or corporation as practicing embalming or funeral directing, or to act as a…

Geologists. Certificates of registration. Qualification of applicants, §43-19-12. GRADUATE CERTIFICATION —Cont’d Landscape architects. Qualifications for license, §43-23-7. Nurses. Licensed practical nurses. Board of examiners. Appointment of members. Repealed July 2014, §43-26-34. …

A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours serve…

(a) The board may grant leaves of absence for good cause, and grant extensions thereof to apprentices registered under the provisions of this article. However, no credit shall be given for the period during which the apprentice is on such leave, and no more than an aggregate of f…

(a) The board shall be authorized to require persons seeking renewal of an embalmer’s license under this chapter to complete board approved continuing education of not less than ten hours biennially. The board shall be authorized to approve courses offered by institutions of high…

(a) The board shall be authorized to require persons seeking renewal of a funeral director’s license under this chapter to complete board approved continuing education of not less than ten hours biennially. The board shall be authorized to approve courses offered by institutions …

Any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation who violates this article shall be guilty of a misdemeanor. History. Code 1981, § 43-18-6, enacted by Ga. L. 1990, p. 1372, § 1. 43-18-7. [Reserved] Termination. History. Ga. L.…

Required, §43-18-71. Suspension or revocation, §43-18-75. Transfer, §43-18-74. State board of cemeterians, §§43-8B-1 to 43-8B-7. Temporary destruction of establishment. Use of temporary location during grace period, §43-18-78. FUTURE FARMERS OF AMERICA. Livestock. Auctions. Aucti…

Licenses for funeral establishments or crematories shall be issued to such enterprises at their location at the time of issuance. Such license shall not be transferable to another location. History. Code 1981, § 43-18-74, enacted by Ga. L. 1990, p. 1372, § 1. 43-18-75. Inspection…

Death of licensee. Effect, §43-18-79. Failure to obtain. Fines, §43-18-5. Practice of embalming or funeral directing. Licensed establishments only, §43-18-70. Renewal, §43-18-73.

The board may establish a fine schedule for violation of minimum standards which the board determines to be a threat to the health, safety, or welfare of the public. A determination of such a violation shall not be deemed to be a contested case under Chapter 13 of Title 50, the “G…

Labels. Tags and labels identifying bodies, requirements, §43-18-8. Licenses, §§43-18-72 to 43-18-74. Renewal, §43-18-73. Required, §43-18-72. Suspension or revocation, §43-18-75. Transfer, §43-18-74. Shipment of cremated remains, §43-18-80. Veterans, disposition of cremated rema…

No funeral establishment license shall terminate upon the death of the holder thereof but shall pass to the legal representative of the deceased or, if there is no legal representative, to the widow of the deceased who may continue to operate the establishment for the unexpired t…

Unlicensed practice, §43-18-4. Labels. Tags and labels identifying bodies, requirements, §43-18-8. Legislation review of occupations. General provisions, §§43-1A-1 to 43-1A-9. Legislative declaration, §43-18-2.

Effect, §43-18-79. Definitions, §43-18-1. Destruction of licensed establishment. Temporary destruction. Use of temporary location during grace period, §43-18-78. Facilities. Requirements, §43-18-70. Crematories, §43-18-72. FUNERAL ESTABLISHMENTS —Cont’d Fines. Licenses. Failure to…

(a) As used in this Code section, the term: (1) “Veteran” means a resident of this state who qualifies as a veteran under the rules of the United States Department of Veterans 614 43-18-9 Affairs and who was discharged under conditions other than dishonorable. (2) “Veterans’ organ…

This chapter shall be known and may be cited as the “Registration of Geologists Act of 1975.” History. Code 1933, § 84-2101A, enacted by Ga. L. 1975, p. 163, § 1. 43-19-2. Purpose of chapter.

It shall be unlawful for any person to practice publicly or offer to practice publicly geology in this state, as defined in this chapter, or to use in connection with his name or otherwise assume or advertise any title or description tending to convey the impression that he is a r…