Title 43

The board shall exercise the powers and duties conferred upon it in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1933, § 84-2130, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 2018, p. 583, § 1/SB 425.

(a) Nothing in this chapter shall be construed as excluding a qualified architect registered in this state from such engineering practice as may be incident to the practice of his or her profession or as excluding a professional engineer from such architectural practice as may be …

(a) The State Board of Registration for Professional Engineers and Land Surveyors existing on June 30, 2021, is continued in existence thereafter as the Georgia Professional Engineers and Land Surveyors Board, and the members serving on the board on June 30, 2021, shall continue …

(a) Any person that violates Code Section 43-15-7 shall be guilty of a misdemeanor. (b) Any individual presenting or attempting to use as his or her own the certificate of registration or license or the seal of another obtained under this chapter shall be guilty of a misdemeanor. …

(a) The board shall adopt all necessary rules, regulations, and bylaws, not inconsistent with this chapter and the Constitution and laws of this state or of the United States, to govern its times and place of meetings for organization and reorganization, for the holding of examin…

The executive director shall: (1) Be a full-time employee of the board and shall serve at the pleasure of the board; (2) Keep all records related to the board and its proceedings; (3) With the approval of the board, employ and fix the compensation of personnel as deemed necessary …

(a) In carrying out this chapter, in addition to other powers conferred upon it under this chapter, the board shall have the power: (1) To adopt and enforce regulations implementing this chapter, including regulations governing the professional conduct of those individuals regist…

(a) To pay the expenses of the board’s office and operations and the enforcement of this chapter, the board by rule or regulation shall be authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charg…

(a) It shall be unlawful for any person other than a professional engineer to practice or to offer to practice professional engineering in this state. (b) It shall be unlawful for any person other than a professional land surveyor to practice or to offer to practice land surveyin…

To be eligible for certification as an engineer-in-training, an applicant must meet the following minimum requirements: (1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fu…

To be eligible for a certificate of registration as a professional engineer, an applicant must meet the following minimum requirements: (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of Code Section 43-15-8; (B) Acquire a specific record of n…

To be eligible for a certificate of registration as a professional structural engineer, an applicant must meet the following minimum requirements: (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of Code Section 43-15-8; (B) Acquire a specific …

This chapter shall be known and may be cited as the “Georgia Charitable Solicitations Act of 1988.” History. Code 1981, § 43-17-1, enacted by Ga. L. 1988, p. 490, § 1.

(a) The administration of this chapter shall be vested in the Secretary of State. (b) The Secretary of State is authorized to administer oaths in and to prescribe forms for all matters arising under this chapter. The Secretary of State shall cooperate with the administrators of t…

(a) The Secretary of State, in enforcing this chapter, may: (1) Make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order unde…

(a) It shall be unlawful for any person to violate any provision of this chapter or any rule, regulation, subpoena, or order promulgated or issued by the Secretary of State under this chapter. (b) It shall be unlawful for any person who is registered as, or making application for…

(a) Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Se…

(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 a resul…

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 …

(a) Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he or she shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to regi…

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…

Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975.” Nothing contained in this chapter shall be constr…

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…

Immigration assistance services. Registration of immigration assistance act. Administration and enforcement of chapter, §43-20A-3. Generally, §§43-20A-1 to 43-20A-21. Lactation consultants. Discipline of licensees. Imposition of sanctions by secretary, §§43-22A-10, 43-22A-12. Inv…

(a) In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception. (b) In a criminal proceeding, the burden of going forward with evidence of a claim of exemption o…

Any criminal proceeding or civil proceeding, including but not limited 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 of the alleged…

Exemptions. Administration of chapter. Enforcement of chapter; investigations; subpoenas; cooperation with Attorney General, law enforcement, and regulatory agencies. Prohibited acts. Penalties; cease and desist orders; injunctions; restitution; appointment and powers of receiver…

(a) No paid solicitor shall solicit contributions for a charitable purpose in or from this state or on behalf of a charitable organization, unless such paid solicitor is a registered paid solicitor pursuant to this Code section. No paid solicitor shall solicit contributions in pe…

(a) No solicitor agent shall solicit contributions on behalf of a charitable organization within or from this state, unless such solicitor agent is a registered solicitor agent pursuant to this Code section and is affiliated through employment or as an independent contractor purs…

Board of professional counselors, social workers and marriage and family therapists. Disciplinary action against licensees,

(a) It shall be unlawful for any person: (1) Wherever located to solicit or accept charitable contributions from any person located in this state; (2) While in this state to solicit or accept charitable contributions from any person, wherever located; or (3) Wherever located to s…

(a) Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be avail…

(a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organiz…

(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…

(a) When any person makes a solicitation to the public by encouraging donations into a collection receptacle, the provisions of this Code section shall apply to such solicitations. (b) If the collection receptacle is owned or operated entirely by a charitable organization exempt …

(a) Notwithstanding any other provision of law to the contrary, any local governing authority which has collection receptacles located within its geographical boundaries shall be authorized to issue written notices of violations to both the property owner and the paid solicitor r…

(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…

Any complaints received by the board shall be investigated within 30 days of receipt. If such investigation shows that there may be a violation of Code Section 10-14-17 or 10-14-18 or any felony violation of state or federal criminal law, there shall be an affirmative obligation …

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 …

(a) The board shall consist of six members who shall be licensed and practicing funeral directors and embalmers with a minimum of five years as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral servic…

For the purpose of better protection of life and health, preventing the spread of contagious, communicable, and infectious diseases, and regulating the practice of embalming and funeral directing and the care and disposition of dead human bodies, the board is authorized: (1) To p…

(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 embalmer, mortician, or undertaker without first complying with this article. (b) It shall be unlawful for any person to engage in the business or pr…

The practice of embalming or funeral directing, as defined in this article, is declared to be a business or profession affecting the public interest and involving the health and safety of the public. Such practice by a person who is not licensed to practice in this state is declar…

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…