Title 43 — Title 43
0 chapters · 1,103 sections in this title.
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…
O.C.G.A. § 43-41-1 Legislative findings
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It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and general contractors. The practice o…
O.C.G.A. § 43-41-10 Grounds, §43-41-16
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Electrical and low-voltage contractors. Discipline. Reprimand, suspension, revocation, cancellation, refusal to grant, renew, restore license. Grounds, §43-14-6. REPRIMAND —Cont’d Heating and air conditioning contractors. Discipline. Reprimand, suspension, revocation, cancellatio…
O.C.G.A. § 43-41-11 Effect of licensure
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The issuance of a license by the residential contractor or the general contractor division shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the ri…
O.C.G.A. § 43-41-12 Building inspectors or other authority
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Posting of licensing requirements, §43-41-14. Unlawful issuing of building permit, criminal penalty, §43-41-14. Building permits, contractors seeking. Information furnished building inspector or authority, §43-41-14. Posting of licensing requirements, §43-41-14. Completion of inc…
O.C.G.A. § 43-41-14 Charitable solicitations
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Fraud, §43-17-23. Prohibited acts. Administrative sanctions, §43-17-13. Chiropractors. Unlicensed practice, §43-9-19. Contractors. Residential and general contractors. Violations, §43-41-12. Cosmetologists and barbers. Disciplinary action, §43-10-15. FINES —Cont’d Counselors, §43…
O.C.G.A. § 43-41-15 Death of contractor; notifications; completion of work
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If an incomplete contract exists at the time of death of a residential or general contractor, where the licensed contractor performing the work under such contract is an individual person and not a business organization acting through a qualifying agent for such organization, the…
O.C.G.A. § 43-41-16 Residential and general contractors
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Wrongdoing by contractor, §43-41-16. Ticket brokers. Enforcement of violations, §43-4B-32. RESTRAINING ORDERS. Architects. State board of architects. Regulatory violations, §43-4-19. Professional boxing. Remedies available for violations, §43-4B-19. 858 INDEX RESTROOMS. Hotels an…
O.C.G.A. § 43-41-17 Unenforceable contracts
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Valid and current license for work not required, §43-41-17. Unlicensed contractors. Enforcement of contract, lien or bond remedies, §43-41-17. Unlicensed work. Stop-work order, §43-41-10. Utility contractors. General contractor license not required, §43-14-13. Violations, penalty…
O.C.G.A. § 43-41-18 BUILDING CODES
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Architects. Enforcement of building construction codes, §43-4-15. BUILDINGS AND HOUSING. Architects. Structures jeopardizing health, safety or welfare. Direct supervision or review by architect required, §43-15-24. Engineers. Structures jeopardizing health, safety or welfare. Sup…
O.C.G.A. § 43-41-2 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the State Licensing Board for Residential and General Contractors. (2) ‘‘Business organization’’ means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than a…
O.C.G.A. § 43-41-3 Investigatory powers, §43-41-5
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Meetings, §43-41-5. Membership, §43-41-3. Powers, §43-41-5. Quorum for official action, §43-41-4. Residential contractors division, §43-41-3. 720 INDEX CONTRACTORS —Cont’d Residential and general contractors —Cont’d State licensing board —Cont’d Residential-light commercial quali…
O.C.G.A. § 43-41-5 Manufactured homes
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Exempt for applicability of act, §43-41-17. Municipality or county requiring additional licensing requirements. Restrictions, §43-41-17. Owner of property constructing building. Exemption from chapter, §43-41-17. Penalties. Actions taken by state board for wrongdoing, §43-41-16. …
O.C.G.A. § 43-41-7 Written warranties required
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A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single-family residence where the total value of the work or activity or the compensation …
O.C.G.A. § 43-41-8 Examination, §43-41-6
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Exemptions, §43-41-17. Expiration notice, §43-41-6. General liability insurance and workers’ compensation insurance. Applicant to provide proof of, §43-41-6. Issuance to individuals and business organizations, §43-41-9. Rights and privileges, §43-41-11. Military specialties or ce…
O.C.G.A. § 43-41-9 AIDING AND ABETTING
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Nurses. Violation of provisions. Reporting unlicensed practice, discipline-worthy conduct, etc. Incidents considered reportable, §43-26-53. AIDS.
O.C.G.A. § 43-43-1 Definitions
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As used in this chapter, the term: (1) ‘‘Licensed seller’’ means any person, firm, or corporation licensed by a state board of registration in this state for salvage dealers, dismantlers, or rebuilders which may be in existence as of July 1, 1981, or which may be created thereafte…
O.C.G.A. § 43-43-2 Maintenance of records required; contents; term
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(a) Every scrap metal processor shall maintain records which shall contain in legible English the following information: (1) For all purchases of vehicles or scrap vehicles from licensed sellers: (A) The date of purchase; (B) The name of the seller; (C) A general description of t…
O.C.G.A. § 43-43-3 Code Commission notes
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Pursuant to Code Section 28-9-5, in 1992, “of this Code section” was inserted following “subsection (a)” in subsection (b). Pursuant to Code Section 28-9-5, in 1993, “canceled” was substituted for “cancelled” in two places in division (a)(2)(C)(iii) (now (a)(4)(C)(iii)) and a mis…
O.C.G.A. § 43-43-4 Veterinarians
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Board of veterinary medicine. Powers. Liberal construction, §43-50-21. INTERSTATE COMPACTS. Audiology and speech-language pathology interstate compact act, §§43-44-30, 43-44-31. Nurse licensure compact, §§43-26-60 to 43-26-64. INTERSTATE MEDICAL LICENSURE COMPACT ACT. Generally, …
O.C.G.A. § 43-43-5 Penalties
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Any scrap metal processor or his agent who: (1) Fails to make an entry of any material matter in his records; (2) Makes any false entry therein; (3) Falsifies, obliterates, destroys, or removes from his place of business such records; (4) Refuses to allow any duly authorized law e…
O.C.G.A. § 43-43A-1 Definitions
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As used in this chapter, the term: (1) ‘‘Base area lift’’ means a passenger tramway to gain access to some other part of the ski area. (2) ‘‘Competitor’’ means a skier engaging in competition or preparing for competition on a slope or trail designated by the ski area or used by t…
O.C.G.A. § 43-43A-2 Use of passenger tramway; passenger rules
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(a) No passenger shall use a passenger tramway if the passenger does not have sufficient knowledge, ability, or physical dexterity to negotiate or use the facility safely unless and until the passenger has asked for and received information sufficient to enable the passenger to u…
O.C.G.A. § 43-43A-3 Warning notice
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Assumption of risk, §43-43A-4. Form, §43-43A-4. Printed on tramway ticket, §43-43A-4. Warning signs. Degree of difficulty, §43-43A-3. SOCIAL WORKERS, §§43-10A-1 to 43-10A-23. Advertising to indicate type of license held by licensee, §43-1-33. Associations. Names. Restrictions on …
O.C.G.A. § 43-43A-4 Warning notice
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(a) The ski area operator shall post and maintain signs that contain the following warning notice: ‘‘WARNING: Under Georgia law, every skier accepts the risk of any injury or death and damage to property resulting from any of the inherent dangers or risks of skiing. The inherent …
O.C.G.A. § 43-43A-5 Motorized snow grooming vehicles; requirements
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(a) Any motorized snow grooming vehicle shall be equipped with at least a flashing or rotating light which shall be in operation whenever the vehicle is being operated on a ski slope or trail. (b) While snow grooming vehicles are being used to maintain or groom any ski slope or tr…
O.C.G.A. § 43-43A-6 Revocation of skiing privileges
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Each ski area operator, upon finding a person skiing in violation of any posted regulations governing skiing conduct, may revoke that person’s skiing privileges. This Code section shall not in any way be construed to create an affirmative duty on the part of the ski area operator …
O.C.G.A. § 43-43A-8 Visual inspections; assumption of risk
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(a) Any competitor may, before the start of any formal or sanctioned skiing competition, make a visual inspection of the designated course where the competition is to be held. (b) Competitors shall be held to accept any and all risks of injury or death that result from course con…
O.C.G.A. § 43-44-1 Short title
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This article shall be known and may be cited as the ‘‘Georgia State Speech-Language Pathology and Audiology Licensing Act.’’ History. — Ga. L. 1974, p. 1009, § 1; Ga. L. 1987, p. 1072, § 1; Ga. L. 2006, p. 1077, § 1/HB 1112; Ga. L. 2021, p. 690, § 4/HB 34. The 2021 amendment, eff…
O.C.G.A. § 43-44-10 Issuance of license
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An applicant who meets the requirements for licensure as provided by this article and has paid the requisite fee or fees shall be licensed by the board as a speech-language pathologist, audiologist, or both. History. — Ga. L. 1974, p. 1009, § 13; Ga. L. 1981, p. 668, § 6; Ga. L. …