Georgia Real Estate Licensing Law

Georgia Code · 171 sections

The following is the full text of Georgia’s real estate licensing law statutes as published in the Georgia Code. For the official version, see the Georgia Legislature.

Ga. Comp. R. & Regs. r 120-3-22-.10

(1) An applicant for a fireworks distributor license must submit a completed application before a license will be issued.

(2) An application for initial license or annual license renewal must be received by the State Fire Marshal's office and contain the following items before the license application will be considered complete: (a) The appropriate application on a form prescribed by the Commissioner; (b) Proper identification showing that said applicant is at least 18 years of age; (c) Proof of a valid public liability and product liability insurance policy which provides coverage limits of at least $2 million to cover losses, damages, or injuries which might result from the selling of consumer fireworks and which is provided by an insurer authorized to do business in Georgia or procured through a surplus line broker licensed to pursuant to Title 33; (d) The appropriate license fee as required by Code Sections 25-10-5.1(b)(1) or 25-10-5.1(d)(1) , whichever is applicable, payable to the Safety Fire Commissioner; and (e) Documentation, in the form of an inspection report on a form approved by the State Fire Marshal, that an inspection has been conducted by a qualified individual indicating the consumer fireworks retail sales facility or consumer fireworks retail sales store for which an application for license has been received meets the minimum fire safety and construction requirements of the 2006 edition of the National Fire Protection Association (NFPA) 1124 entitled, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles and as modified herein this chapter. An application for initial license or annual license renewal for distributors selling consumer fireworks from a store shall identify each store location to which an initial or annual license is applicable; and (f) Signed and notarized Citizenship Affidavit Form (GID-276-EN); and (g) A copy of the front and back of a secure and verifiable form of identification (list of acceptable forms can be found on the Commissioner's website)

(3) The initial license fee for a fireworks distributor license for a consumer fireworks retail sales facility or wholesale distribution facility shall be $5,000.00, payable to the Safety Fire Commissioner. Such initial license shall expire on January 31 of the year after such initial license was issued or as provided for in O.C.G.A. Section 25-10-5.1(b)(2) .

(4) The annual renewal license fee for a fireworks distributor license for a consumer fireworks retail sales facility or wholesale distribution facility shall be $1,000.00, payable to the Safety Fire Commissioner. Such annual license shall expire on January 31 of the year after such annual license was issued or as provided for in O.C.G.A. Section 25-10-5.1(b)(2) .

(5) The initial license fee for a fireworks distributor license for a store shall be $1,500.00 in addition to $250.00 per store location, payable to the Safety Fire Commissioner. Additional store locations may be added to the initial license prior to the expiration of such license upon payment of $250.00 per added store location. The initial license shall expire on January 31 of the year after the initial license was issued or as provided for in O.C.G.A. Section 25-10-5.1(d)(1) .

(6) The annual renewal license fee for a fireworks distributor license for a store shall be $1,000.00 in addition to $100.00 per store location, payable to the Safety Fire Commissioner. Additional store locations may be added to the annual license prior to the expiration of such license upon payment of $250.00 per added store location. The annual license shall expire on January 31 of the year after the annual license was issued or as provided for in O.C.G.A. Section 25-10-5.1(d)(2) .

(7) A distributor shall submit a completed application for annual renewal of license by December 1 in the year preceding the expiration date of such initial or annual license. When an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year.

(8) A fireworks distributor license shall be nontransferable.

(9) A fireworks distributor license shall be void upon a change in the ownership or upon a change of location of the consumer fireworks retail sales facility or store location.

Ga. Comp. R. & Regs. r 120-3-23-.04

A firm may obtain a license to install, inspect, repair, recharge, service or test portable fire extinguishers upon meeting the following requirements:

(a) The applicant for a license to install, inspect, service and test portable fire extinguishers has completed an application form acceptable to the Commissioner.

(b) The applicant for a license to install, inspect, service and test portable fire extinguishers has paid an annual license fee of fifty dollars ($50.00) and a one time non-refundable filing fee of fifty dollars ($50.00) to the Commissioner.

(c) The applicant for a license to install, inspect, service and test portable fire extinguishers has submitted evidence of the firm's registration as a current Georgia Corporation.

(d) The applicant for a license to install, inspect, service and test portable fire extinguishers has submitted to the Commissioner a certificate of liability insurance listing the physical address of the business that provides proof of a valid comprehensive liability insurance policy purchased from an insurer or surplus lines broker authorized to do business in Georgia. The certificate of liability insurance shall list the Insurance Commissioner as the certificate holder to the address of the Safety Fire Division, 2 Martin Luther King Drive, 620 West Tower, Atlanta, GA 30334. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The minimum amount of said coverage shall be one million dollars ($1,000,000.00), provided, however, the amount of insurance required may be higher if so specified by the Commissioner. An insurer which provides such coverage shall notify the Commissioner of any change in coverage.

(e) The applicant for a license to install, inspect, service and test portable fire extinguishers has submitted to the State Fire Marshal's Office the following: 1. A letter on company letter head indicating the areas the company intends to provide services. 2. A minimum of three (3) samples of all service tags, maintenance labels, test labels, service collars, non-compliance tags and high pressure cylinder stamps to be used by the company as indicated by the above service letter received, meeting the requirements of Rule 120-3-23-.14 . Where stamps are allowed to utilized, ink stamped impressions showing the applicants DOT (RIN) number shall be submitted with a copy of the firm's DOT approvals and renewals. Tags, labels and collars may be printed and established for any period of time. However, after each printing, a minimum of three newly printed sample tags, labels and collars must be forwarded to the State Fire Marshal's office as indicated in this paragraph and under Rule 120-3-23-.14 .

(f) The applicant for a license to install, inspect, service or test portable fire extinguishers has submitted to the Commissioner evidence of compliance with one of the following: 1. The applicant has maintained a valid permit issued by the Commissioner to install, inspect, service or test portable fire extinguishers for a minimum of a three year period; or 2. Proof of one full time employee of the firm that has maintained a valid permit issued by the Commissioner to install, inspect, service or test portable fire extinguishers for a minimum of a three year period.

(g) The applicant for a license to install, inspect, service or test portable fire extinguishers has submitted to the Commissioner evidence of compliance with one of the following: 1. Current certification as a Portable Fire Extinguisher Technician by the National Association of Fire Equipment Distributors (NAFED); or 2. Proof of one full time employee of the firm with documentation of current certification as a Portable Fire Extinguisher Technician by the National Association of Fire Equipment Distributors (NAFED); or 3. Current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner; or 4. Proof of one full time employee of the firm with documentation of current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner; or 5. Current certification from the manufacturer of the portable fire extinguisher denoting the portable fire extinguisher and areas in which the applicant has been successfully trained and certified. 6. Proof of one full time employee of the firm with current certification from the manufacturer of the portable fire extinguisher denoting the portable fire extinguisher and areas in which the applicant has been successfully trained and certified.

(h) An inspection by means as determined by the Commissioner has determined that the minimum equipment listed below for the activities the applicant requested to be licensed to perform was present at the service location and/or in each mobile service vehicle utilized by the firm. 1. Proper wrenches with non-serrated jaws or strap wrenches. 2. Non-serrated needle nose pliers or valve puller. 3. Inspection light suitable for internal inspection of extinguisher cylinders. 4. Accurate weighing scales in pound increments for extinguisher cylinder inspection and filling. 5. Accurate weighing scales in ounce increments for extinguisher cartridge inspection and/or filling. 6. Fixed vise appropriately sized for its intended use. 7. A supply of extinguishing agent(s) or compatibly listed agent(s) appropriate for the types of extinguishers the firm requests to fill, and facilities for the proper storage of extinguishing agents as set forth by the specifications from the agent manufacturer. 8. Commercial dry nitrogen supply with a dew point of -60°F (-51°C) or lower (CGA nitrogen specification G10.1, grades D through P) and pressure regulator with supply and regulated pressure gages calibrated and suitable for properly pressurizing portable fire extinguishers. 9. Equipment shall be on hand at the stationary facility location and each service vehicle for leak testing pressurized extinguishers. Use of a spray bottle containing a soap solution for leak testing pressurized extinguishers is permitted. 10. A supply of adapters, fittings, tools and equipment required for properly servicing, repairing, maintaining and/or recharging all extinguishers the firm solicits or accepts for service, repair, maintenance or recharge. These needs shall be based on the service or recharge specifications of the extinguisher manufacturer and is not intended to prohibit the use of compatibly listed parts meeting the specifications of the extinguisher manufacturer. 11. Closed recovery system(s) and storage to remove and store dry chemicals and/or clean agent from extinguisher cylinders during servicing. 12. Inventory of manufacturer or compatibly listed spare parts for all extinguishers the firm solicits or accepts for service, repair, maintenance or recharge based on the service or recharge specifications of the extinguisher manufacturer. 13. A copy of the applicable standards of the National Fire Protection Association currently adopted by the Commissioner, and copies of installation, service and maintenance manuals from the manufacturer of each make or brand of extinguisher or system the firm installs, services, recharges, repairs, or maintains. 14. A supply of required service, maintenance and test tags meeting the provisions of Rule 120-3-23-.14 of this Chapter. 15. Appropriate replacement extinguishers for exchange if extinguishers are removed for service.

(i) If the applicant includes in the request for a license the request for hydrostatic testing of low pressure DOT or non-DOT regulated extinguisher cylinders, in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-15., the applicant must possess low pressure hydrostatic testing equipment as follows: 1. Appropriate, hydrostatic test equipment for low-pressure extinguishercylinders and hoses equipped with a shutoff nozzle as well as manuals in accordance with DOT and the applicable NFPA Standards. 2. Approved drying method for low-pressure extinguishercylinders and hoses equipped with a shutoff nozzle after the hydrostatic test in accordance with DOT requirements and NFPA 10. 3. Adequate safety cage for hydrostatic testing of low pressure extinguishercylinders and hoses equipped with a shutoff nozzle in accordance with DOT requirements and NFPA 10. 4. Low-pressure hydrostatic test labels for DOT or non-DOT regulated extinguisher cylinders containing at least the minimum information required by paragraph (5) of Rule 120-3-23-.14 . Exception to (i) : The provisions in subparagraph (i) shall not apply to a primary firm that accepts low-pressure extinguisher cylinders for hydrostatic testing by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually hydrostatically testing the cylinder must properly label the cylinder in conformance with paragraph (5) of Rule 120-3-23-.14 of this Chapter. The primary firm must properly tag the fire extinguisher in accordance with Rule 120-3-23-.14 .

(j) If the applicant includes in the request for a license for the hydrostatic testing of high-pressure DOT regulated extinguisher cylinders, in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-15., the applicant must submit with the application a copy of its DOT approvals and renewals. Exception : The provisions in subparagraph (j) shall not apply to a firm that accepts high-pressure cylinders for hydrostatic testing by another firm which is licensed and equipped to provide this service. The firm actually hydrostatically testing the cylinder must properly stamp the cylinder with their current DOT (RIN) number when required by DOT regulations.

(k) If the applicant includes in the request for a license activities that involve the transfer of clean agent fire suppression agents, in addition to the minimum equipment listed in subparagraphs (h)1.-15., the applicant must have the following equipment: 1. Listed clean agent filling equipment/pumping station and/or closed recovery system at the clean agent recharge location only for each type of clean agent being utilized. 2. Chemical supply tank(s) for each type of clean agent extinguisher being serviced. Exception to (k) : The provisions in (k) shall not apply to the primary firm that accepts clean agent extinguishers for recharge by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually recharging and servicing the extinguisher must properly install a service collar onto the clean agent extinguisher cylinder in conformance with paragraph (5) of Rule 120-3-23-.14 of this Chapter. The primary firm must tag the clean agent fire extinguisher after conducting a proper maintenance inspection on the clean agent fire extinguisher.

(l) If the applicant includes in the request for a license the service, maintenance, repair or recharge of CO 2 fire extinguishers the following equipment shall be provided at the service location(s) in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-15., the firm must have the following equipment: 1. A CO 2 cascade system for proper filling of CO 2 portable fire extinguisher cylinders; or 2. An approved electric pump system for proper filling of CO 2 portable fire extinguisher cylinders; or 3. An approved pneumatic pump system for proper filling of CO 2 portable fire extinguishers cylinders; or 4. An alternate system for proper filling of CO 2 portable fire extinguisher cylinders based on new technology may be used provided the level of safety prescribed by the appropriate standard is not lowered and the system is approved by the Commissioner after being evaluated. 5. If the applicant includes in the request for a license to service or recharge CO 2 fire extinguishers, then in addition to one of the four items above, equipment which allows for the complete immersion of the valve assembly shall be on hand at the stationary facility location for leak testing pressurized CO 2 portable fire extinguisher cylinders. Exception to (l) : The provisions in (l) shall not apply to a primary firm that accepts CO 2 extinguishers for recharge by secondary firm which is licensed and equipped to provide this service provided the primary firm tags the CO 2 fire extinguisher after conducting a proper maintenance inspection on the CO 2 fire extinguisher.

(m) Nothing shall preclude the Commissioner from verifying by an announced or unannounced re-inspection of the service location and/or in each mobile service vehicle utilized by the firm that such equipment listed and required in subparagraphs (h) through (l) exists and is readily available. The Commissioner may give the registered agent of the firm up to 30 days as deemed appropriate by him/her to correct any deficiencies discovered by such inspection. Furthermore, nothing shall preclude the Commissioner from verifying such evidence of notification, certification or testing as required in subparagraph (g) and experience as required in subparagraph (f).

Ga. Comp. R. & Regs. r 120-3-23-.06

(1) A firm may obtain a license to install, inspect, repair, recharge, service or test pre-engineered kitchen or restaurant fire suppression systems upon meeting the following requirements: (a) The applicant for a license to install, inspect, service and test pre-engineered kitchen or restaurant fire suppression systems has completed an application form acceptable to the Commissioner. (b) The applicant for a license to install, inspect, service and test pre-engineered kitchen or restaurant fire suppression systems has paid an annual license fee of fifty dollars ($50.00) and a one time non-refundable filing fee of fifty dollars ($50.00) to the Commissioner. (c) The applicant for a license to install, inspect, service or test pre-engineered kitchen or restaurant fire suppression systems has submitted evidence of the firm's registration as a current Georgia Corporation. (d) The applicant for a license to install, inspect, service and test pre-engineered kitchen or restaurant fire suppression systems has submitted to the Commissioner a certificate of liability insurance listing the physical address of the business that provides proof of a valid comprehensive liability insurance policy purchased from an insurer or surplus lines broker authorized to do business in Georgia. The certificate of liability insurance shall list the Insurance Commissioner as the certificate holder to the address of the Safety Fire Division, 2 Martin Luther King Drive, 620 West Tower, Atlanta, GA 30334. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The minimum amount of said coverage shall be one million dollars ($1,000,000.00), provided, however, the amount of insurance required may be higher if so specified by the Commissioner. An insurer which provides such coverage shall notify the Commissioner of any change in coverage. (e) The applicant for a license to install, inspect, service and test pre-engineered kitchen or restaurant fire suppression systems has submitted to the State Fire Marshal's Office the following: 1. A letter on company letter head indicating the areas the company intends to provide services. 2. A minimum of three (3) samples of all service tags, maintenance labels, test labels, non-compliance tags and high pressure cylinder stamps to be used by the company as indicated by the above service letter received, meeting the requirements of Rule 120-3-23-.14 . Where stamps are allowed to utilized, ink stamped impressions showing the applicants DOT (RIN) number shall be submitted with a copy of the firm's DOT approvals and renewals. Tags and labels may be printed and established for any period of time. However, after each printing, a minimum of three newly printed sample tags or labels and collars must be forwarded to the State Fire Marshal's office as indicated in this paragraph and under Rule 120-3-23-.14 . (f) The applicant for a license to install, inspect, service or test pre-engineered kitchen or restaurant fire suppression systems has submitted to the Commissioner evidence of compliance with one of the following: 1. The applicant has maintained a valid permit issued by the Commissioner to install, inspect, service or test pre-engineered kitchen or restaurant fire suppression systems for a minimum of a three year period; or 2. Proof of one full time employee of the firm that has maintained a valid permit issued by the Commissioner to install, inspect, service or test pre-engineered kitchen or restaurant fire suppression systems for a minimum of a three year period. Exception to (f): Applicants that meet the provisions of subparagraph (g)1. or (g)6. denoted below. (g) The applicant for a license to install, inspect, service or test pre-engineered kitchen or restaurant fire suppression systems has submitted to the Commissioner evidence of compliance with one of the following: 1. Current certification from the manufacturer of the pre-engineered kitchen or restaurant fire suppression system denoting the specific system and areas in which the applicant has been successfully trained and certified; or 2. Notification from the National Institute of Certification in Engineering Technologies (NICET) denoting the successful completion of Level III, Technician certification exam requirements for Special Hazards Suppression Systems; or 3. Current certification as a Pre-Engineered Kitchen Fire Extinguishing System Technician by the National Association of Fire Equipment Distributors (NAFED); or 4. Current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner; or 5. Proof of one full time employee of the firm with documentation of current certification as a Pre-Engineered Kitchen Fire Extinguishing System Technician by the National Association of Fire Equipment Distributors (NAFED); or 6. Proof of one full time employee of the firm with documentation of current certification from the manufacturer of the pre-engineered kitchen or restaurant fire suppression system denoting the specific system and areas in which the full time employee has been successfully trained and certified; or 7. Proof of one full time employee of the firm with documentation of notification from the National Institute of Certification in Engineering Technologies (NICET) denoting the successful completion of Level III, Technician certification exam requirements for Special Hazards Suppression Systems; or 8. Proof of one full time employee of the firm with documentation of current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner. (h) An inspection by means as determined by the Commissioner has determined that the minimum equipment listed below for the activities the applicant requested to be licensed to perform was present at the service location and/or in each mobile service vehicle utilized by the firm. 1. Proper wrenches with non-serrated jaws or strap wrenches. 2. Non-serrated needle nose pliers or valve puller. 3. Inspection light suitable for internal inspection of pre-engineered kitchen or restaurant fire suppression system cylinders. 4. Accurate weighing scales in pound increments for pre-engineered kitchen or restaurant fire suppression system cylinders inspection and filling. 5. Accurate weighing scales in ounce increments for pre-engineered kitchen or restaurant fire suppression system cartridge inspection and/or filling. 6. Fixed vise appropriately sized for its intended use. 7. A supply of extinguishing agent(s) or compatibly listed agent(s) appropriate for the types of pre-engineered kitchen or restaurant fire suppression systems the firm requests to fill, and facilities for the proper storage of extinguishing agents as set forth by the specifications from the agent manufacturer. 8. Commercial dry nitrogen supply with a dew point of -60°F (-51°C) or lower (CGA nitrogen specification G10.1, grades D through P) and pressure regulator with supply and regulated pressure gages calibrated and suitable for properly pressurizing pre-engineered kitchen or restaurant fire suppression system. 9. Equipment shall be on hand at the stationary facility location and each service vehicle for leak testing pressurized pre-engineered kitchen or restaurant fire suppression system cylinders. Use of a spray bottle containing a soap solution for leak testing pressurized system cylinders or their installations is permitted. 10. A supply of adapters, fittings, tools and equipment required for properly servicing, repairing, maintaining and or recharging all systems the firm solicits or accepts for service, repair, maintenance or recharge. These needs shall be based on the service or recharge specifications of the pre-engineered kitchen or restaurant fire suppression system manufacturer and is not intended to prohibit the use of compatibly listed parts meeting the specifications of the pre-engineered kitchen or restaurant fire suppression system manufacturer. 11. Inventory of manufacturer or compatibly listed spare parts to include system detector and control parts as applicable for all pre-engineered kitchen or restaurant fire suppression systems the firm solicits or accepts for service, repair, maintenance or recharge based on the service or recharge specifications of the systems manufacturer. 12. A copy of the applicable standards of the National Fire Protection Association currently adopted by the Commissioner, and copies of installation, service and maintenance manuals from the manufacturer of each make or brand of pre-engineered kitchen or restaurant fire suppression system the firm installs, services, recharges, repairs, or maintains. 13. A supply of required service, maintenance and test tags meeting the provisions of Rule 120-3-23-.14 of this Chapter. 14. Pipe threader and associated tools and dies. 15. Appropriate replacement cylinders for exchange if pre-engineered kitchen or restaurant fire suppression system cylinders are removed for service. (i) If the applicant includes in the request for a license the request for hydrostatic testing of low pressure DOT or non-DOT regulated pre-engineered kitchen or restaurant fire suppression system cylinders, in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-15. the applicant must possess low pressure hydro testing equipment as follows: 1. Appropriate, hydrostatic test equipment for low-pressure cylinders as well as manuals in accordance with DOT and the applicable NFPA Standards. 2. Adequate safety cage for hydrostatic testing of low pressure pre-engineered kitchen or restaurant fire suppression system cylinders in accordance with DOT requirements and the applicable NFPA Standards. 3. Low-pressure hydrostatic test labels for DOT or non-DOT regulated pre-engineered kitchen or restaurant fire suppression system cylinders containing at least the minimum information required by paragraph (5) of Rule 120-3-23-.14 of this Chapter. Exception to (i) : The provisions in subparagraph (i) shall not apply to a primary firm that accepts low-pressure pre-engineered kitchen or restaurant fire suppression system cylinders for hydrostatic testing by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually hydrostatically testing the cylinder must properly label the cylinder in conformance with paragraph (5) of Rule 120-3-23-.14 of this Chapter. (j) If the applicant includes in the request for a license for the hydrostatic testing of high-pressure DOT regulated pre-engineered kitchen or restaurant fire suppression system cylinders, in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-15., the applicant must submit with the application a copy of its DOT approvals and renewals. Exception : The provisions in subparagraph (j) shall not apply to a primary firm that accepts high-pressure pre-engineered kitchen or restaurant fire suppression system cylinders for hydrostatic testing by firm which is licensed and equipped to provide this service. The firm actually hydrostatically testing the cylinder must properly stamp the cylinder with their current DOT (RIN) number when required by and in conformance with DOT regulations. (k) Nothing shall preclude the Commissioner from verifying by an announced or unannounced re-inspection of the service location and/or in each mobile service vehicle utilized by the firm that such equipment listed and required in subparagraphs (h) through (j) exists and is readily available. The Commissioner may give the registered agent of the firm up to 30 days as deemed appropriate by him/her to correct any deficiencies discovered by such inspection. Furthermore, nothing shall preclude the Commissioner from verifying such evidence of notification, certification or testing as required in subparagraph (g) and experience as required in subparagraph (f).

(2) Any license issued under the provisions of subparagraph (g)1. or subparagraph (g)6. due to certification received from the manufacturer shall be considered a restricted license to only allow the firm and the permit holder(s) to install, inspect, service and test those pre-engineered kitchen or restaurant fire suppression systems whom certification is received and filed with the Commissioner. Such restricted license shall not constitute any additional approvals as a license for the installation, inspection servicing or testing of any other pre-engineered kitchen or restaurant fire suppression system. In addition, such license will automatically restrict the firm's permit applicant(s) and permit holder(s) activities operating under the firm's license regardless of their qualifications.

Ga. Comp. R. & Regs. r 120-3-23-.08

(1) A firm may obtain a license to install, inspect, repair, recharge, service or test pre-engineered industrial fire suppression systems upon meeting the following requirements: (a) The applicant for a license to install, inspect, service and test pre-engineered industrial fire suppression systems has completed an application form acceptable to the Commissioner. (b) The applicant for a license to install, inspect, service and test pre-engineered industrial fire suppression systems has paid an annual license fee of fifty dollars ($50.00) and a one time non-refundable filing fee of fifty dollars ($50.00) to the Commissioner. (c) The applicant for a license to install, inspect, service and test pre-engineered industrial fire suppression systems has submitted evidence of the firm's registration as a current Georgia Corporation. (d) The applicant for a license to install, inspect, service and test pre-engineered industrial fire suppression systems has submitted to the Commissioner a certificate of liability insurance listing the physical address of the business that provides proof of a valid comprehensive liability insurance policy purchased from an insurer or surplus lines broker authorized to do business in Georgia. The certificate of liability insurance shall list the Insurance Commissioner as the certificate holder to the address of the Safety Fire Division, 2 Martin Luther King Drive, 620 West Tower, Atlanta, GA 30334. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The minimum amount of said coverage shall be one million dollars ($1,000,000.00), provided, however, the amount of insurance required may be higher if so specified by the Commissioner. An insurer which provides such coverage shall notify the Commissioner of any change in coverage. (e) The applicant for a license to install, inspect, service and test pre-engineered industrial fire suppression systems has submitted to the State Fire Marshal's Office the following: 1. A letter on company letter head indicating the areas the company intends to provide services. 2. A minimum of three (3) samples of all service tags, maintenance labels, test labels, non-compliance tags and high pressure cylinder stamps to be used by the company as indicated by the above service letter received, meeting the requirements of Rule 120-3-23-.14 . Where stamps are allowed to utilized, ink stamped impressions showing the applicants DOT (RIN) number shall be submitted with a copy of the firm's DOT approvals and renewals. Tags and labels may be printed and established for any period of time. However, after each printing, a minimum of three newly printed sample tags and labels must be forwarded to the State Fire Marshal's office as indicated in this paragraph and under Rule 120-3-23-.14 . (f) The applicant for a license to install, inspect, service or test pre-engineered industrial fire suppression systems has submitted to the Commissioner evidence of compliance with one of the following: 1. The applicant has maintained a valid permit issued by the Commissioner to install, inspect, service or test pre-engineered industrial fire suppression systems for a minimum of a three year period; or, 2. Proof of one full time employee of the firm that has maintained a valid permit issued by the Commissioner to install, inspect, service or test pre-engineered industrial fire suppression systems for a minimum of a three year period. Exception to (f) : Applicants that meet the provisions of subparagraph (g)1. or subparagraph (g)6. denoted below. (g) The applicant for a license to install, inspect, service and test pre-engineered industrial fire suppression systems has submitted to the Commissioner evidence of compliance with the following: 1. Current certification from the manufacturer of the pre-engineered industrial fire suppression system denoting the specific system and areas in which the applicant has been successfully trained and certified; or 2. Notification from the National Institute of Certification in Engineering Technologies (NICET) denoting the successful completion of Level III, Technician certification exam requirements for Special Hazards Suppression Systems; or 3. Current certification as a Pre-Engineered Industrial Fire Extinguishing System Technician by the National Association of Fire Equipment Distributors (NAFED); or 4. Current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner; or 5. Proof of one full time employee of the firm with documentation of current certification as a Pre-Engineered Industrial Fire Extinguishing System Technician by the National Association of Fire Equipment Distributors (NAFED); or 6. Proof of one full time employee of the firm with documentation of current certification from the manufacturer of the pre-engineered industrial fire suppression system denoting the specific system and areas in which the full time employee has been successfully trained and certified; or 7. Proof of one full time employee of the firm with documentation of notification from the National Institute of Certification in Engineering Technologies (NICET) denoting the successful completion of Level III, Technician certification exam requirements for Special Hazards Suppression Systems; or 8. Proof of one full time employee of the firm with documentation of current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner. (h) An inspection by means as determined by the Commissioner has determined that the minimum equipment listed below for the activities the applicant requested to be licensed to perform was present at the service location and/or in each mobile service vehicle utilized by the firm. 1. Proper wrenches with non-serrated jaws or strap wrenches. 2. Non-serrated needle nose pliers or valve puller. 3. Inspection light suitable for internal inspection of pre-engineered industrial fire suppression system cylinders. 4. Accurate weighing scales in pound increments for pre-engineered industrial fire suppression system cylinder inspection and filling. 5. Accurate weighing scales in ounce increments for pre-engineered industrial fire suppression system cartridge inspection and/or filling. 6. Fixed vise appropriately sized for its intended use. 7. A supply of extinguishing agent(s) or compatibly listed agent(s) appropriate for the types of pre-engineered industrial fire suppression systems the firm requests to fill, and facilities for the proper storage of extinguishing agents as set forth by the specifications from the agent manufacturer. 8. Commercial dry nitrogen supply with a dew point of -60°F (-51°C) or lower (CGA nitrogen specification G10.1, grades D through P) and pressure regulator with supply and regulated pressure gages calibrated and suitable for properly pressurizing pre-engineered industrial fire suppression system. 9. Equipment, which allows for the complete immersion of a cylinder, shall be on hand at the stationary facility location for leak testing pressurized pre-engineered industrial fire suppression system cylinders. Service vehicles may use a spray bottle containing a soap solution for leak testing pressurized system cylinders or their installations. 10. A supply of adapters, fittings, tools and equipment required for properly servicing, repairing, maintaining and or recharging all pre-engineered industrial fire suppression systems the firm solicits or accepts for service, repair, maintenance or recharge. These needs shall be based on the service or recharge specifications of the pre-engineered industrial fire suppression system manufacturer and is not intended to prohibit the use of compatibly listed parts meeting the specifications of the pre-engineered industrial fire suppression system manufacturer. 11. Inventory of manufacturer or compatibly listed spare parts to include system detector and control parts as applicable for all pre-engineered industrial fire suppression systems the firm solicits or accepts for service, repair, maintenance or recharge based on the service or recharge specifications of the systems manufacturer. 12. A copy of the applicable standards of the National Fire Protection Association currently adopted by the Commissioner, and copies of installation, service and maintenance manuals from the manufacturer of each make or brand of pre-engineered industrial fire suppression system the firm installs, services, recharges, repairs, or maintains. 13. A supply of required service, maintenance and test tags meeting the provisions of Rule 120-3-23-.14 of this Chapter. 14. Pipe threader and associated tools and dies. 15. Appropriate replacement cylinders for exchange if pre-engineered industrial fire suppression system cylinders are removed for service. (i) If the applicant includes in the request for a license the request for hydrostatic testing of low pressure DOT or non-DOT regulated pre-engineered industrial fire suppression system cylinders, in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-15., the applicant must possess low pressure hydrostatic testing equipment as follows: 1. Appropriate, hydrostatic test equipment for low-pressure cylinders as well as manuals in accordance with DOT and the applicable NFPA Standards. 2. Approved drying method for low-pressure pre-engineered industrial fire suppression system cylinders after the hydrostatic test in accordance with DOT requirements and the applicable NFPA Standards. 3. Adequate safety cage for hydrostatic testing of low pressure pre-engineered industrial fire suppression system cylinders in accordance with DOT requirements and the applicable NFPA Standards. 4. Low-pressure hydrostatic test labels for DOT or non-DOT regulated pre-engineered industrial fire suppression system cylinders containing at least the minimum information required by Paragraph (5) of Rule 120-3-23-.14 of this Chapter. Exception to (i) : The provisions in subparagraph (i) shall not to apply to a primary firm that accepts low-pressure pre-engineered industrial fire suppression system cylinders for hydrostatic testing by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually hydrostatically testing the pre-engineered industrial fire suppression system cylinder must properly label the cylinder in conformance with paragraph (5) of Rule 120-3-23-.14 of this Chapter. The primary firm must properly tag the pre-engineered industrial fire suppression system after proper inspection and maintenance is performed. (j) If the applicant includes in the request for a license for the hydrostatic testing of high-pressure DOT regulated pre-engineered industrial fire suppression system cylinders, in addition to the appropriate minimum equipment in listed in listed in subparagraphs (h)1.-15., the applicant must submit with the application a copy of its DOT approvals and renewals. Exception : The provision in subparagraph (j) shall not apply to a primary firm that accepts high-pressure pre-engineered industrial fire suppression system cylinders for hydrostatic testing by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually hydrostatically testing the pre-engineered industrial fire suppression system cylinder must properly stamp the cylinder with their current DOT (RIN) number when required by and in conformance with this Chapter and DOT regulations. (k) If the applicant includes in the request for a license activities that involve the transfer of clean agent pre-engineered industrial fire suppression agents, in addition to the minimum equipment listed in subparagraphs (h)1.-15., the applicant must have the following equipment: 1. Listed clean agent filling equipment/pumping station and/or closed recovery system at the clean agent recharge location only for each type of clean agent being utilized. 2. Chemical supply tank(s) for each type of clean agent extinguisher being serviced. Exception to (k) : The provisions in (k) shall not apply to the primary firm that accepts clean agent pre-engineered industrial fire suppression system cylinders for recharge by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually recharging and servicing the pre-engineered industrial fire suppression system cylinders must properly install a service collar onto the pre-engineered industrial fire suppression system cylinders in conformance with paragraph (5) of Rule 120-3-23-.14 of this Chapter. The primary firm must tag the pre-engineered industrial fire suppression system cylinders with their company tag in conformance with Rule 120-3-23-.14 of this Chapter after conducting a proper maintenance inspection. (l) If the applicant includes in the request for a license the service, maintenance, repair or recharge of CO 2 pre-engineered fire suppression systems the following equipment shall be provided at the service location(s) in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-15., the applicant must have the following equipment: 1. CO 2 cascade system for proper filling of CO 2 pre-engineered industrial fire suppression system cylinders; or 2. An approved electric pump system for proper filling of CO 2 pre-engineered industrial fire suppression system cylinders; or 3. An approved pneumatic pump system for proper filling of CO 2 pre-engineered industrial fire suppression system cylinders; or 4. An alternate system for proper filling of CO 2 pre-engineered industrial fire suppression system cylinders based on new technology may be used provided the level of safety prescribed by the appropriate standard is not lowered and the system is approved by the Commissioner after being evaluated. 5. Approved drying method for low-pressure pre-engineered industrial fire suppression system cylinders after the hydrostatic test in accordance with DOT requirements and the applicable NFPA Standards. 6. Equipment shall be on hand at the stationary facility location and each service vehicle for leak testing pressurized pre-engineered industrial fire suppression system cylinders. Use of a spray bottle containing a soap solution for leak testing pressurized pre-engineered industrial fire suppression system cylinders is permitted. Exception to (l) : The provisions in subparagraph (l) shall not apply to a primary firm that accepts CO 2 pre-engineered industrial fire suppression system cylinders for recharge by a secondary firm which is licensed and equipped to provide this service provided the primary firm tags the CO 2 fire extinguisher after conducting a proper maintenance inspection on the CO 2 pre-engineered industrial fire suppression system cylinders. (m) Nothing shall preclude the Commissioner from verifying by an announced or unannounced re-inspection of the service location and/or in each mobile service vehicle utilized by the firm that such equipment listed and required in subparagraphs (g) through (k) exists and is readily available. The Commissioner may give the registered agent of the firm up to 30 days as deemed appropriate by him/her to correct any deficiencies discovered by such inspection. Furthermore, nothing shall preclude the Commissioner from verifying such evidence of notification, certification or testing as required in subparagraph (g) and experience as required in subparagraph (f).

(2) Any license issued under the provisions of subparagraph (g)1. or subparagraph (g)6. due to certification received from the manufacturer shall be considered a restricted license to only allow the firm and the permit holder(s) to install, inspect, service and test those pre-engineered industrial fire suppression systems whom certification is received and filed with the Commissioner. Such restricted license shall not constitute any additional approvals as a license for the installation, inspection servicing or testing of any other pre-engineered industrial fire suppression system. In addition, such license will automatically restrict the firm's permit applicant(s) and permit holder(s) activities operating under the firm's license regardless of their qualifications.

Ga. Comp. R. & Regs. r 120-3-23-.10

(1) A firm may obtain a license to install, inspect, repair, recharge, service or test engineered special hazard fire suppression systems upon meeting the following requirements: (a) The applicant for a license to install, inspect, service and test engineered special hazard fire suppression systems has completed an application form acceptable to the Commissioner. (b) The applicant for a license to install, inspect, service and test engineered special hazard fire suppression systems has paid an annual license fee of fifty dollars ($50.00) and a one time non-refundable filing fee of fifty dollars ($50.00) to the Commissioner. (c) The applicant for a license to install, inspect, service and test engineered special hazard fire suppression systems has submitted evidence of the firm's registration as a current Georgia Corporation. (d) The applicant for a license to install, inspect, service and test engineered special hazard fire suppression systems has submitted to the Commissioner a certificate of liability insurance listing the physical address of the business that provides proof of a valid comprehensive liability insurance policy purchased from an insurer or surplus lines broker authorized to do business in Georgia. The certificate of liability insurance shall list the Insurance Commissioner as the certificate holder to the address of the Safety Fire Division, 2 Martin Luther King Drive, 620 West Tower, Atlanta, GA 30334. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The minimum amount of said coverage shall be one million dollars ($1,000,000.00), provided, however, the amount of insurance required may be higher if so specified by the Commissioner. An insurer which provides such coverage shall notify the Commissioner of any change in coverage. (e) The applicant for a license to install, inspect, service and test engineered special hazard fire suppression systems has submitted to the State Fire Marshal's Office the following: 1. A letter on company letter head indicating the areas the company intends to provide services. 2. A minimum of three (3) samples of all service tags, maintenance labels, test labels, non-compliance tags and high pressure cylinder stamps to be used by the company as indicated by the above service letter received, meeting the requirements of Rule 120-3-23-.14 . Where stamps are allowed to utilized, ink stamped impressions showing the applicants DOT (RIN) number shall be submitted with a copy of the firm's DOT approvals and renewals. Tags and labels may be printed and established for any period of time. However, after each printing, a minimum of three newly printed sample tags and labels must be forwarded to the State Fire Marshal's office as indicated in this paragraph and under Rule 120-3-23-.14 . (f) The applicant for a license to install, inspect, service or test engineered industrial fire suppression systems has submitted to the Commissioner evidence of compliance with one of the following: 1. The applicant has maintained a valid permit issued by the Commissioner to install, inspect, service or test engineered industrial fire suppression systems for a minimum of a three year period; or, 2. Proof of one full time employee of the firm that has maintained a valid permit issued by the Commissioner to install, inspect, service or test engineered industrial fire suppression systems for a minimum of a three year period. Exception to (f) : Applicants that meet the provisions of subparagraph (g)1. or subparagraph (g)7. denoted below. (g) The applicant for a license to install, inspect, service and test engineered special hazard fire suppression systems has submitted to the Commissioner evidence of compliance with one of the following: 1. Current certification from the manufacturer of the engineered special hazard fire suppression system denoting the specific system and areas in which the applicant has been successfully trained and certified. 2. Notification from the National Institute of Certification in Engineering Technologies (NICET) denoting certification at or above Level IV in Special Hazards Suppression Systems. 3. Current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner; or 4. Notification from the National Institute of Certification in Engineering Technologies (NICET) denoting the successful completion of Level III, Technician certification exam requirements for Special Hazards Suppression Systems and has maintained a current license for the past five years. 5. Proof of one full time employee of the firm with documentation of current certification from the manufacturer of the engineered special hazard fire suppression system denoting the specific system and areas in which the full time employee has been successfully trained and certified. 6. Proof of one full time employee of the firm with documentation of notification from the National Institute of Certification in Engineering Technologies (NICET) denoting certification at or above Level IV in Special Hazards Suppression Systems. 7. Proof of one full time employee of the firm with documentation of current certification or testing by other nationally recognized organizations as deemed appropriate and acceptable by the Commissioner. 8. Proof of one full time employee of the firm with documentation of notification from the National Institute of Certification in Engineering Technologies (NICET) denoting the successful completion of Level III, Technician certification exam requirements for Special Hazards Suppression Systems and has maintained a current license for the past five years. (h) An inspection by means as determined by the Commissioner has determined that the minimum equipment listed below for the activities the applicant requested to be licensed to perform was present at the service location and/or in each mobile service vehicle utilized by the firm. 1. Proper wrenches with non-serrated jaws or strap wrenches. 2. Non-serrated needle nose pliers or valve puller. 3. Inspection light suitable for internal inspection of engineered special hazard fire suppression system cylinders. 4. Accurate weighing scales in pounds increments for engineered special hazard fire suppression system cylinder inspection and filling. 5. Accurate weighing scales in ounce increments for engineered special hazard fire suppression system cartridge inspection and/or filling. 6. Fixed vise appropriately sized for its intended use. 7. A supply of extinguishing agent(s) or compatibly listed agent(s) appropriate for the types of engineered special hazard fire suppression systems the firm requests to fill, and facilities for the proper storage of extinguishing agents as set forth by the specifications from the agent manufacturer. 8. Commercial dry nitrogen supply with a dew point of -60°F (-51°C) or lower (CGA nitrogen specification G10.1, grades D through P) and pressure regulator with supply and regulated pressure gages calibrated and suitable for properly pressurizing engineered special hazard fire suppression system. 9. Equipment shall be on hand at the stationary facility location for leak testing pressurized non-CO 2 engineered special hazard fire suppression system cylinders. A leak detector is acceptable. In addition, a spray bottle containing a soap solution for leak testing pressurized system cylinders or their installations. 10. A supply of adapters, fittings, tools and equipment required for properly servicing, repairing, maintaining and or recharging all engineered special hazard fire suppression systems the firm solicits or accepts for service, repair, maintenance or recharge. These needs shall be based on the service or recharge specifications of the engineered special hazard fire suppression system manufacturer and is not intended to prohibit the use of compatibly listed parts meeting the specifications of the engineered special hazard fire suppression system manufacturer. 11. Closed recovery system(s) and storage to remove and store dry chemicals and/or clean agent where required by the manufacturer from engineered special hazard fire suppression system cylinders during servicing. 12. Inventory of manufacturer or compatibly listed spare parts to include system detector and control parts as applicable for all engineered special hazard fire suppression systems the firm solicits or accepts for service, repair, maintenance or recharge based on the service or recharge specifications of the systems manufacturer. 13. A copy of the applicable standards of the National Fire Protection Association currently adopted by the Commissioner, and copies of installation, service and maintenance manuals from the manufacturer of each make or brand of engineered special hazard fire suppression system the firm installs, services, recharges, repairs, or maintains. 14. A supply of required service, maintenance and test tags meeting the provisions of Rule 120-3-23-.14 of this Chapter. 15. Pipe threader and associated tools and dies. 16. Appropriate replacement cylinders for exchange if engineered special hazard fire suppression system cylinders are removed for service. (i) If the applicant includes in the request for a license the request for hydrostatic testing of low pressure DOT or non-DOT regulated engineered special hazard fire suppression system cylinders, in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-16., the applicant must possess low pressure hydro testing equipment as follows: 1. Appropriate, hydrostatic test equipment for low-pressure cylinders as well as manuals in accordance with DOT and the applicable NFPA Standards. 2. Approved drying method for low-pressure engineered special hazard fire suppression system cylinders after the hydrostatic test in accordance with DOT requirements and the applicable NFPA Standards. 3. Adequate safety cage for hydrostatic testing of low pressure engineered special hazard fire suppression system cylinders in accordance with DOT requirements and the applicable NFPA Standards. 4. Low-pressure hydrostatic test labels for DOT or non-DOT regulated engineered special hazard fire suppression system cylinders containing at least the minimum information required by paragraph (5) of Rule 120-3-23-.14 of this Chapter. Exception to (i) : The provision in subparagraph (i) shall not to apply to a primary firm that accepts low-pressure engineered special hazard fire suppression system cylinders for hydrostatic testing by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually hydrostatically testing the engineered special hazard fire suppression system cylinder must properly label the cylinder in conformance with paragraph (5) of Rule 120-3-23-.14 of this Chapter. (j) If the applicant includes in the request for a license for the hydrostatic testing of high-pressure DOT regulated engineered special hazard fire suppression system cylinders, in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-16., the applicant must submit with the application a copy of its DOT approvals and renewals. Exception : The provision in subparagraph (j) shall not apply to a primary firm that accepts high-pressure engineered special hazard fire suppression system cylinders for hydrostatic testing by a secondary firm which is licensed and equipped to provide this service. The secondary firm actually hydrostatically testing the engineered special hazard fire suppression system cylinder must properly stamp the cylinder with their current DOT (RIN) number in conformance with this Chapter and DOT regulations. (k) If the applicant includes in the request for a license activities that involve the transfer of clean agent engineered special hazard fire suppression agents, in addition to the minimum equipment listed in subparagraphs (h)1.-16., the applicant must have the following equipment: 1. Listed clean agent filling equipment/pumping station and/or closed recovery system at the clean agent recharge location only for each type of clean agent being utilized. 2. Chemical supply tank(s) for each type of clean agent extinguisher being serviced. Exception to (k) : The provisions in (k) shall not apply to a primary firm that accepts Clean agent engineered special hazard fire suppression system cylinders for recharge by a secondary firm which is licensed and equipped to provide this service. The primary firm must properly tag the engineered special hazard fire suppression system cylinders with their company tag in conformance with Rule 120-3-23-.14 of this Chapter. (l) If the applicant includes in the request for a license the service, maintenance, repair or recharge of CO 2 engineered special hazard fire suppression systems the following equipment shall be provided at the service location(s) in addition to the appropriate minimum equipment listed in subparagraphs (h)1.-16., the applicant must have the following equipment: 1. CO 2 cascade system for proper filling of CO 2 engineered special hazard fire suppression system cylinders; or 2. An approved electric pump system for proper filling of CO 2 engineered special hazard fire suppression system cylinders; or 3. An approved pneumatic pump system for proper filling of CO 2 engineered special hazard fire suppression system cylinders; or 4. An alternate system for proper filling of CO 2 engineered special hazard fire suppression system cylinders based on new technology may be used provided the level of safety prescribed by the appropriate standard is not lowered and the system is approved by the Commissioner after being evaluated. Exception to (l) : The provisions in subparagraph (l) shall not apply to a primary firm that accepts CO 2 engineered special hazard fire suppression system cylinders for recharge by a secondary firm which is licensed and equipped to provide this service. The primary firm must properly tag the engineered special hazard fire suppression system cylinders with their company tag in conformance with Rule 120-3-23-.14 of this Chapter. (m) Nothing shall preclude the Commissioner from verifying by an announced or unannounced re-inspection of the service location and/or in each mobile service vehicle utilized by the firm that such equipment listed and required in subparagraphs (h) through (l) exists and is readily available. The Commissioner may give the registered agent of the firm up to 30 days as deemed appropriate by him/her to correct any deficiencies discovered by such inspection. Furthermore, nothing shall preclude the Commissioner from verifying such evidence of notification, certification or testing as required in subparagraph (g) and experience as required in subparagraph (f).

(2) Any license issued under the provisions of subparagraph (g)1. or subparagraph (g)5. due to certification received from the manufacturer shall be considered a restricted license to only allow the firm and the permit holder(s) to install, inspect, service and test those engineered special hazard fire suppression systems whom certification is received and filed with the Commissioner. Such restricted license shall not constitute any additional approvals as a license for the installation, inspection servicing or testing of any other engineered special hazard fire suppression system. In addition, such license will automatically restrict the firm's permit applicant(s) and permit holder(s) activities operating under the firm's license regardless of their qualifications.

Ga. Comp. R. & Regs. r 120-3-7-.03

The terms "Installation"and "Set Up"shall be used interchangeably throughout this Regulation. All other terms which are used in this Regulation shall have the same meaning as defined in O.C.G.A. §§ 8-2-131 and 8-2-160 , in addition to the following:

(1) "Act"means "The National Manufactured Housing Construction and Safety Standards Act of 1974"( 42 U.S.C. 5401 et seq. , as amended) and the Rules and Regulations promulgated thereunder;

(2) "Commissioner"means the Georgia Safety Fire Commissioner.

(3) "Dispute Resolution"means a program for a timely resolution of disputes between manufactures, retailers and installers of manufactured homes regarding responsibility and for the issuance of appropriate orders for the correction or repairs of defects in the manufactured home that are reported during the 1 year period beginning on the date of installation.

(4) "Fire Safety Compliance Officer"means an employee of the Safety Fire Division, authorized by the Safety Fire Commissioner to carry out specific responsibilities, including all inspections necessary to administer and enforce O.C.G.A. §§ 8-2-130 et seq. and 8-2-160 et seq. and the Rules and Regulations promulgated thereunder;

(5) "HUD"means the United States Department of Housing and Urban Development;

(6) "In-Plant Primary Inspection Agency (IPIA)"means a state or private organization which has been accepted by the Secretary in accordance with the requirements of Subpart H of the federal regulations adopted pursuant to the Act. An IPIA evaluates the ability of manufactured home plants to follow approved quality control procedures and provides ongoing surveillance of the manufacturing process;

(7) "Installation"means the construction of a foundation system and the placement or erection of a manufactured home or mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home. The term "set up"may be used interchangeably with the term "installation";

(8) "Installer"means a person responsible for performing an installation and who is required to obtain a license pursuant to O.C.G.A. § 8-2-160 et seq. ;

(9) "Lending Institutions"shall have the same meaning as set forth in O.C.G.A. § 8-2-131(3) .

(10) "Manufactured Housing Act"means O.C.G.A. §§ 8-2-130 et seq. , 8-2-160 et seq. and the Rules and Regulations promulgated thereunder;

(11) "Retail Broker"shall have the meaning set forth in O.C.G.A. § 8-2-131(8) .

(12) "Retailer"shall have the meaning set forth in O.C.G.A. § 8-2-131(9) .

(13) "Remedial Actions"means the notification and corrective measures required to be taken under Subpart I of the Procedural and Enforcement Regulations adopted pursuant to the Act and under the Rules and Regulations adopted pursuant to O.C.G.A. §§ 8-2-130 et seq. and 8-2-160 et seq. ;

(14) "Safety Fire Division"means the authorized inspection and enforcement authority of the Georgia Safety Fire Commissioner. The Manufactured Housing Section is designated as having the primary responsibility;

(15) "Secretary"means Secretary of U.S. Department of Housing and Urban Development;

(16) "Set up"may be used interchangeably with the term "installation."Set up means the construction of a foundation system and the placement or erection of a manufactured home or mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home.

(17) "Standards"means the Federal Manufactured Home Construction and Safety Standards as promulgated under Section 604 of the Act, ( 42 U.S.C. 5403 , as Part of the Federal Regulations);

(18) "State Administrative Agency (SAA)"means an agency of a state which has been approved by HUD to carry out the state plan for enforcement of the standards pursuant to Section 623 of the Act ( 42 U.S.C. 5422 ). The Manufactured Housing Section of the Safety Fire Division is the State Administrative Agency for Georgia.

Ga. Comp. R. & Regs. r 120-3-7-.08

(1) Every manufacturer who manufactures manufactured homes in Georgia and every manufacturer who manufactures manufactured homes outside the State of Georgia and who sells or offers for sale said manufactured homes in Georgia shall apply for and obtain a license from the Manufactured Housing Section of the Safety Fire Division on the prescribed form and accompanied by the fee as provided in O.C.G.A. § 8-2-135(1) and (2) . For licensing purposes, each plant location shall be treated as a separate entity and shall adhere to all licensing requirements. The applicant for licensure shall specify the actual physical location where manufactured homes are built or assembled. Every manufacturer receiving a license shall display the license in the place of business and shall make such license available upon request for verification by an authorized representative of the Commissioner.

(2) Every retailer and retail broker who sells or offers for sale to consumers three (3) or more new or previously owned manufactured or mobile homes in a twelve (12) month period in Georgia shall apply for and obtain a license from the Manufactured Housing Section of the Safety Fire Division on the prescribed form and accompanied by the fee as provided in O.C.G.A. § 8-2-135(3) and (5) . For licensing purposes, each retailer lot or location and retail broker location shall be treated as a separate entity and shall adhere to all licensing requirements. The applicant for licensure shall specify the actual physical address where manufactured or mobile homes are located. Every retailer or retail broker receiving a license shall keep the license in the place of business and shall make such license available upon request for verification by an authorized representative of the Commissioner. The application for said license shall include a complete authorization form prescribed by the Commissioner of Insurance which allows the verification of criminal history by the department.

(3) Every installer who installs new or previously owned manufactured or mobile homes anywhere within the State of Georgia in accordance with O.C.G.A. § 8-2-161(1) shall apply for and obtain a license from the Manufactured Housing Section of the Safety Fire Division, to operate as a licensed installer, on the prescribed form and accompanied by the fee as provided in O.C.G.A. § 8-2-161(1) . The applicant shall specify an actual physical location where the installer's business is based and where records are maintained. The application for said license shall include a completed authorization form as prescribed by the Commissioner of Insurance which allows the verification of criminal history by the department. (a) The application for licensure for each installer shall be accompanied by proof of successful completion of an installation training course and corresponding examination, authorized or approved by the Commissioner, and designated for licensure. The course must have been taken within 12 months prior to the initial application for licensure. Continuing education courses approved by the Commissioner shall be taken every 24 months thereafter. (b) A licensed installer may employ or contract with other authorized accountable personnel to assist with the installations of manufactured or mobile homes. The licensee shall be required to be at the installation site at all times, unless at least one authorized accountable personnel is continually at the installation site while the installation work is in progress and is accountable to the licensee. The licensee shall be responsible for ensuring that any installation performed under said license be in compliance with the applicable instructions and the licensee shall be responsible for providing remedial action when required. Proof of licensure and/or authorization of accountable personnel, shall be maintained at the installation site at all times for verification by local code officials and authorized representatives of the Commissioner. The proof may be in the form of the original license, copy of the original license or on a form prescribed by the Commissioner. Local jurisdictions are authorized to require proof of licensure prior to issuing any permits necessary to perform installations of manufactured and mobile homes. "Authorized accountable personnel" is defined as a person or persons who have successfully completed the installation training course, and any applicable continuing education courses, and their corresponding examinations, approved by the Commissioner. A certificate of Completion will be provided by the Manufactured Housing Section of the Safety Fire Division to these individuals upon proof of successful completion of these courses and examinations. Any retailer or retail broker licensed under the provisions of the Manufactured Housing Act who uses the services of or otherwise employs a person, partnership, corporation, entity, etc. that is not licensed as an installer in the State of Georgia shall be subject to the revocation of said retailer's and retail broker's license or other penal measures as prescribed by this Regulation. Any failure to comply with the provisions contained herein shall be considered a violation of the Manufactured Housing Act and be subject to penal measures prescribed by the Commissioner of Insurance, including but not limited to, the revocation of any applicable license. (c) An individual who transports a manufactured or mobile home to the site of installation shall be excluded from licensure as an installer provided he or she performs only such temporary blocking as is necessary to stabilize the home and shall not, under these circumstances, be considered to be an installer. However, any further blocking of the home by the carrier shall be considered to be an installation of the unit, and the carrier shall comply with licensure requirements of an installer and the installation must be performed in compliance with O.C.G.A. § 8-2-160 et seq. and the applicable rules of the Commissioner. A partial installation of a manufactured or mobile home is not allowed under the Manufactured Housing Act. (d) Any installer who is discovered by a state or local inspector to have performed an installation in a manner contrary to the methods indicated by the manufacturers installation instruction manual and Rule 120-3-7-.21 , as applicable, shall be deemed to be in violation of the Manufactured Housing Act and shall be subject to revocation of his or her license and/or other penal measures as prescribed by the Commissioner of Insurance, this Regulation or other applicable Georgia law. (e) In all cases in which the installation is arranged by and/or paid for by the retailer or retail broker, the retailer and retail broker shall assume responsibility for the proper set up of the mobile or manufactured home. Failure to comply with the requirements of this subsection shall be deemed a violation of the Manufactured Housing Act and shall be subject to the revocation of the retailer's or retail broker's license or other penal measures as prescribed by this Regulation or other applicable Georgia law. This subsection shall not relieve any installer from any responsibilities and applicable penalties.

(4) Applications for licensure must be approved by the Commissioner or his or her delegate before engaging in any activities contemplated by the Manufactured Housing Act and requiring licensure for manufacturers, retailers, retail brokers or installers. Each license shall be valid from January 1 through December 31 of the year in which the license is issued. License fees shall not be prorated for the remainder of the year in which the application is made but shall be paid for the entire year regardless of the date of application. All licenses are non-transferable regarding ownership and/or location. Any licensed entity changing the business name, or any other information not referenced herein, presented on the original application for licensure shall notify the Manufactured Housing Section of the Safety Fire Division of any change of information contained in the original application for licensure within twenty (20) days and shall complete a revised application.

(5) Applications for renewal licenses for manufacturers, retailers, retail brokers and installers shall be obtained and submitted to the Manufactured Housing Section of the Safety Fire Division on or before January 1 of each year and shall be accompanied by a completed consent form allowing a criminal history background check by the Safety Fire Commissioner's Office. On or before December 1 of each year, the Manufactured Housing Section of the Safety Fire Division shall forward a Notice of Renewal by electronic mail to each licensee at the last known email address on the records of the Safety Fire Commissioner. After sending the Notice of Renewal by electronic mail, the Manufactured Housing Section shall have no further duty or obligation to notify the licensee of the expiration of annual license. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual fee.

(6) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license may be refused by the Commissioner if he or she finds that the applicant or the holder of a license: (a) has violated any provision of the Act, the Standards, the Manufactured Homes Act or these Rules and Regulations; (b) has intentionally made any misstatement or misrepresented or concealed any material fact in the application for the license; (c) has obtained or attempted to obtain a license by fraud or misrepresentation; (d) has been determined to have engaged in, or to be engaging in, a fraudulent or dishonest practice or to have demonstrated a lack of trustworthiness or lack of competence; (e) has been convicted by final judgment in any state or federal court of a felony; or (f) has willfully failed to comply with or has willfully violated any proper order, rule or regulation issued by the Commissioner or the Secretary. (g) in the case of a license application, if any person having control of the applicant is subject to any of the grounds for refusal stated in subparagraphs (a) through (f) above, the license may be refused. For purposes of this subparagraph, control shall be presumed if the person owns ten percent or more of the applicant, or if the person owns ten percent or more of the voting securities of a corporate applicant.

(7) Before any license application shall be refused or any license shall be suspended or revoked or the renewal thereof refused as provided for in this Rule, the Commissioner shall give notice of his or her intention to do so to the applicant or the holder of a license in accordance with the Georgia Administrative Procedure Act, O.C.G.A. Chapter 50-13, and O.C.G.A. 25-2-29 , and applicable Rules and Regulations of the Safety Fire Commissioner.

(8) In situations where persons otherwise would be entitled to a hearing prior to an order, the Commissioner may issue an order to become effective within twenty (20) days from the date of the order, unless persons subject to the order request a hearing within ten (10) days after receipt of the order. Failure to make a request shall constitute a waiver of any provision contained herein for the hearing.

(9) Any person who engages in any activities identified by the Manufactured Housing Act as requiring licensure as a manufacturer, retailer, retail broker or installer without having first obtained the appropriate license or who conducts said business without proper licensure or with an expired license shall be deemed to be in violation of the Manufactured Housing Act and shall be subject to the penalties prescribed in O.C.G.A. §§ 8-2-141 or 8-2-166 after notice and hearing as prescribed by this Regulation.

(10) Lists of licensees shall be made available to the general public upon request pursuant to the provisions of O.C.G.A. § 50-18-70 et seq.

Ga. Comp. R. & Regs. r 120-3-7-.12

Any dispute between a manufacturer, retailer, retail broker, and/or installer of manufactured homes regarding their responsibility for defects in a new manufactured home that is reported during the 1-year period beginning on the date of installation may, by mutual agreement of all of the parties to the dispute, be submitted to the Commissioner for resolution. In that case, the dispute shall be resolved by the Commissioner through the following procedures:

(a) Based upon an investigation and determination of information received from any credible source concerning defects in a new manufactured home, the Commissioner will issue appropriate written orders to a manufacturer, an installer, a retailer, or a retail broker, for the correction of defects in manufactured homes. As part of his investigation, the Commissioner may order an on-site inspection.

(b) If the above procedure is utilized and the dispute is not resolved, or if any of the parties to the procedure are dissatisfied with the resolution, an administrative hearing shall be convened pursuant to § 120-3-7-.10 and the statutory and regulatory provisions cited therein. Administrative costs may be assessed against the party determined to be responsible.

Ga. Comp. R. & Regs. r 120-3-7-.13

(1) In addition to the licensure requirements of Rule 120-3-7-.08(3) of these Regulations, any installer performing any installation of a new or used manufactured or mobile home in the State of Georgia shall first purchase a permit from the Commissioner. The cost of each permit is prescribed in O.C.G.A. § 8-2-164(2) . Each installer shall provide any information required by the Commissioner to obtain a permit. The installation permit shall be attached by the installer to the panel box of each manufactured or mobile home upon completion of the installation. The prescribed permit shall be designed by the Commissioner. A permit shall be issued only to a licensed installer, and shall not be transferable.

(2) Whenever the manufacturer's instructions do not stipulate certain installation requirements, or when clarification is needed, or when the manufacturer's instructions state that the issue is left to the regulatory authority having jurisdiction, then the installation instructions incorporated herein by reference in Rule 120-3-7-.21 of these Regulations shall be followed. Manufacturers of manufactured homes constructed under the provisions of the Act shall provide an installation manual with each manufactured home as required by the Act. The manual shall describe a foundation and anchorage system and provide instructions for site preparation and utility connections. O.C.G.A. § 8-2-165 requires compliance with the manufacturer's installation instructions. Pursuant to O.C.G.A. § 8-2-165 , previously occupied manufactured and mobile homes which do not have the manufacturer's instructions as required by the Act shall be installed in accordance with said Rule 120-3-7-.21 of these Regulations. (a) Each new manufactured home shall bear a data plate to be affixed in a permanent manner near the main electrical panel or other readily accessible and visible location as required by the Act. The data plate shall contain the name of the manufacturer, the serial number and model designation, the date the home was manufactured, the design-approval agency, factory-installed equipment and the wind, roof load, and thermal zones for which the unit was constructed. Local jurisdictions shall not prohibit the placement of any manufactured home built in compliance with the design standards for the zone in effect on the date that the data plate indicates the home was constructed. Manufactured homes shall not be placed in any zone(s) which exceed the design limitation for which the manufactured home was constructed as identified by the data plate. (b) The manufactured or mobile home shall be placed on a properly prepared stand. The site shall have a grade that will allow water to drain away from the home stand, and all organic matter, debris, grass, grass sod and other foreign matter shall be removed where footings or pier foundations are to be installed. A written contractual agreement between the homeowner, the retailer, retail broker and/or installer shall determine which party is to perform the site preparation which shall include proper drainage of water away from the home. The existence of said contractual agreement shall not relieve the installer of the responsibility of set up on a properly prepared stand. Installations of manufactured or mobile homes shall not be performed on improperly prepared stands. (c) Pursuant to O.C.G.A. §§ 8-2-167 and 43-14-13(k) , a person licensed as a manufactured or mobile home installer pursuant to these Regulations shall not be subject to the electrical and plumbing licensure requirements of O.C.G.A. Title 43, Chapter 14 when performing the functions specified in O.C.G.A. § 43-14-13(k) . (d) The following shall not be the responsibility of the installer unless contracted in writing by the homeowner and/or dealer/retailer and/or installer to provide for same: 1. Skirting. When required by local jurisdiction and provided pursuant to contractual agreement, skirting shall be installed in accordance with the skirting manufacturer's instructions or Rule 120-3-7-.21(13)(d) of these Regulations. 2. Masonry curtain walls. Load bearing masonry curtain walls shall not be required by local jurisdictions for manufactured or mobile homes. Non-load bearing masonry curtain walls may be provided by contractual agreement between the homeowner, the dealer/retailer, and/or installer and shall be constructed in accordance with drawings and/or instructions provided in the manufacturer's installation manual, or instructions and other drawings or procedures approved by the Commissioner. Non-load bearing walls shall have no contact with the manufactured home or any portion thereof for the purpose of structural support. 3. Stairs and landings. When required by local jurisdiction and provided by contractual agreement, stairs and landings shall be constructed in accordance with the provisions of the State Minimum Standard Building Codes which are enforced by local jurisdiction. (f) These installation requirements established by the Manufactured Housing Act are applicable only to manufactured and mobile homes as defined in O.C.G.A. § 8-2-131 and the Act.

Ga. Comp. R. & Regs. r 120-3-7-.15

(a) Each installer licensee of manufactured and mobile homes shall report all installations performed to the Manufactured Housing Section of the Safety Fire Division no later than three business days prior to the completion of the installation and releasing the completed home set to the homeowner for occupancy, on the real-time form prescribed by the Commissioner. Reports submitted to the Commissioner shall also include the permit number as required to be placed on each manufactured or mobile home installed. Reports shall include an accurate reading from a torque probe test within two feet of each corner of the home, and the soil-bearing capacity determined by the installer, and used in the installation of the home's footers and piers. This Rule shall be applicable regardless of the number of installations performed. A report must be filed for each installation performed, regardless of whether the installation is a new home, or a secondary move.

(b) The Commissioner may require each retailer/broker to submit reports of manufactured and mobile homes sold to consumers as he deems necessary.

Ga. Comp. R. & Regs. r. 520-1-.01 Organization of the Commission

Ga. Comp. R. & Regs. r. 520-1-.01 Organization of the Commission

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.01. Organization of the Commission

(1)

Location of Offices. The public may obtain information regarding the operation of the Commission or make submissions to the Commission by addressing inquiries to the Georgia Real Estate Commission, Suite 1000 - International Tower, 229 Peachtree Street, N. E., Atlanta, Georgia 30303-1605.

(2)

Election of Chair. At the regularly scheduled first monthly meeting of the calendar year, the Commission shall select from its members the chair. An election of the chair may also occur at such time as the chair may vacate that position or at such time as the number of members which constitutes a quorum may call for a new election. Such election shall be by secret ballot with all eligible members listed on the first ballot and balloting continuing until a member obtains a majority of the votes cast.

(3)

Election of Vice Chair. At its regularly scheduled first monthly meeting of the calendar year, the Commission shall select from its members the vice-chair. An election of the vice-chair may also occur at such time as the vice-chair may vacate that position or at such time as the number of members which constitutes a quorum may call for a new election. Such election shall be by secret ballot with all members listed on the first ballot and balloting continuing until a member obtains a majority of the votes cast. The vice-chair shall preside in the absence of the chairperson and perform such other duties as may be assigned by the chair.

(4)

Appearances before the Commission. Except as may otherwise be provided for in the contested cases in Chapter 520-4 Procedural Rules and in the Georgia Administrative Procedure Act, all requests for appearances before the Commission shall be governed by the provisions of this paragraph. All requests for scheduled appearances before the Commission shall be submitted in writing to the Real Estate Commissioner at the address listed in paragraph (1) above. The Real Estate Commissioner shall schedule an appearance at the Commission's regular monthly meeting for the first three persons or groups submitting a written request to the Commission offices during regular business hours on or before the first day of the month preceding the monthly meeting at which such person or group desires to be heard. Any person not scheduled to be heard by the Commission who desires to be heard may, at the discretion of the Commission, be allowed to appear before the Commission at the end of its scheduled business at any monthly meeting. Except by leave of the Commission, all scheduled appearances before the Commission shall be limited to fifteen minutes and all unscheduled appearances before the Commission shall be limited to five minutes.

(5)

Amendments to Rules. Any interested person may petition the Commission requesting the promulgation, amendment, or repeal of a rule. Such petition shall be in writing and the signature of the petitioner notarized. Within thirty (30) days after submission of a petition, the Commission either shall deny the petition in writing stating its reasons for denial or shall instigate rule-making procedures in accordance with the Georgia Administrative Procedure Act.

(6)

Declaratory Rulings. The Commission shall supply declaratory rulings as to the applicability of any statutory provision or of any of its rules. Requests for declaratory rulings must be in writing and the signature of the petitioner notarized. The Commission shall respond to a request for a declaratory ruling within sixty (60) days of its receipt of said request except when the Commission feels it would be in the best interest of the Commission to seek the opinion of the Attorney General. Nothing in this paragraph shall limit or impair the right of the Commission to seek the opinion of the Attorney General on any question of law connected with the duties of the Commission. The Commission shall not render a declaratory ruling on petitions on matters related to investigative hearings pending before it at the time of the petition. See also O.C.G.A. § 43-40-2 and Rules 520-4.

Cite as Ga. Comp. R. & Regs. R. 520-1-.01

Authority: O.C.G.A. Sec. 43-40-2.

History. Original Rule entitled "Organization of Commission" adopted. F. and eff. June 30, 1965.

Amended: ER. 520-1-0.1-.01 entitled "Listings" adopted. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Organization" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: F. Aug. 18, 1977; eff. Sept. 7, 1977.

Repealed: New Rule of same title adopted. F. Sept. 7, 1978; eff. Oct. 1, 1978, as specified by the Agency.

Amended: F. Jan. 15, 1979; eff. Feb. 4, 1979.

Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Oct. 4, 1989; eff. Oct. 24, 1989.

Amended: F. Feb. 9, 1995; eff. Mar. 1, 1995.

Repealed: New Rule entitled "Organization of the Commission" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Dec. 8, 2004; eff. Dec. 28, 2004.

Ga. Comp. R. & Regs. r. 520-1-.02 Definitions

Ga. Comp. R. & Regs. r. 520-1-.02 Definitions

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.02. Definitions

(1)

Terms Defined by 43-40-1. As used in this Chapter and Chapters 520-2 and 520-3, the terms "associate broker," "broker," "commission," "commissioner," "community association," "community association management services," "community association manager," "licensee," "person," "property management services," "purchaser," "real estate," and "salesperson" have the same definitions as provided for in O.C.G.A. Section 43-40-1.

(2)

Other Terms. As used in this Chapter and Chapters 520-2 and 520-3, the term:

(a)

"Agency" means every relationship in which a real estate broker acts for or represents another by the latter's express authority in a real property transaction;

(b)

"Applicant" means any person who has completed all of the requirements for a license or an approval as set forth in O.C.G.A. Chapter 43-40 and in any Chapter of the Commission's Rules and Regulations and who has submitted a complete application on the proper form accompanied by the correct fee;

(c)

"Bank" means any financial institution regulated by a member of the federal financial institutions examination counsel and authorized to provide federally insured checking accounts;

(d)

"Brokerage engagement" means a written contract wherein the seller, buyer, landlord, or tenant becomes the client of the broker and promises to pay the broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker's producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or in consideration of the broker's performing property management services or performing community association management services. Such contracts or agreements as an exclusive listing contract, an open listing contract, a buyer broker agreement, a property management agreement, a community association management agreement, and an exclusive tenant representation contract are examples of brokerage engagements;

(e)

"Brokerage relationship" means the agency and non-agency relationships which may be formed between the broker and the broker's clients and customers as a result of the brokerage engagement;

(f)

"Buyer" means a purchaser, a person who acquired or attempts to acquire or succeeds to an interest in real estate;

(g)

"Candidate for Licensure" means any person who is in the process of completing the requirements for a license or an approval as set forth in O.C.G.A. Chapter 43-40 and in any Chapter of the Commission's Rules and Regulations but who has not successfully completed all of them.

(h)

"Client" means a person who has entered into a brokerage engagement with a real estate broker;

(i)

"Customer" means a person who has not entered into a brokerage engagement with a broker but for whom a broker may perform ministerial acts in a real estate transaction;

(j)

"Dual agent" means a broker who simultaneously has a brokerage relationship with both seller and buyer or both landlord and tenant in the same real estate transaction;

(k)

"Firm" means a sole proprietorship, partnership, limited liability company, or corporation licensed by the Commission as a broker;

(l)

"Franchise name" means any name, the use of which requires obtaining permission from another who has an existing and continuing right in that trade name by virtue of any state or federal law;

(m)

"Franchisee" means a firm licensee authorized to use a franchisor's trade name as part of or in conjunction with the licensee firm's name;

(n)

"Franchisor" means a business entity owning a trade name whose use by others the owner of the trade name controls and authorizes;

(o)

"Instructional hour" means a period of time of at least fifty minutes of instruction or other learning activity;

(p)

"Military" means the United States armed forces, including the National Guard;

(q)

"Military Spouse" means a spouse of a service member or transitioning service member;

(r)

"Ministerial acts" means those acts which the broker or affiliated licensee performs for a person which do not require discretion or the exercise of the broker or affiliated licensee's own judgment;

(s)

"Service Member" means an active or reserve member of the armed forces, including the National Guard;

(t)

"Statutory overnight delivery" means delivery of a document through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery in which the sender:

1.

has directed that delivery be not later than the next business day following the day on which the document is received for delivery by the United States Postal Service or the commercial firm and

2.

receives a receipt acknowledging receipt of the document signed by addressee or an agent of the addressee;

(u)

"Transitioning Service Member" means a member of the military on active duty status or on separation leave who is within twenty-four months of retirement or twelve months of separation; and

(v)

"Timely" means a reasonable time under the particular circumstance.

Cite as Ga. Comp. R. & Regs. R. 520-1-.02

Authority: O.C.G.A. §§10-6A-3,43-40-2,43-40-25.

History. Original Rule entitled "Net Listings" adopted as ER. 520-1-0.1-.02. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Listings" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Definitions" adopted. F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. Dec. 15, 1994; eff. Jan. 4, 1995.

Amended: F. July 21, 1995; eff. August 10, 1995.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. Aug. 10, 2000; eff. Aug. 30, 2000.

Amended: F. May 9, 2002; eff. May 29, 2002.

Repealed: New Rule of same title adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Sept. 21, 2004; eff. Oct. 11, 2004.

Amended: F. Aug. 9, 2006; eff. Aug. 29, 2006.

Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended: F. Aug. 28, 2017; eff. July 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-1-.03 Commission Operations

Ga. Comp. R. & Regs. r. 520-1-.03 Commission Operations

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.03. Commission Operations

(1)

Certifications of License History. Upon written request the Commission shall provide a certification of the history of a licensee's records with the Commission only for the five years immediately preceding the written request. However, regardless of the date of occurrence, the Commission shall provide a certification of any records it maintains of any disciplinary sanctions taken against the license of any licensee. Whenever the certification is to be utilized in a court of law, the party making the written request for the certification shall also indicate the name of the case, its case number, and the name of the court in which the certification will be used.

see also O.C.G.A. § 43-40-2, 43-40-6, & 43-40-24.

(2)

Maintenance of Records. The Commission shall maintain investigative files under the following schedules:

(a)

forty years for all investigative files in which the Commission imposes a disciplinary action or makes a payment from the Recovery Fund; and

(b)

fifteen years for all other investigative files.

see also O.C.G.A. § 43-40-2, 43-40-3, 43-40-7, 43-40-12, 43-40-14, 43-40-16, 43-40-19, & 43-40-20.

(3)

Return of Wall Certificate and Pocket Card Surrender, Suspension, or Revocation of License. Upon surrendering a license or upon notice of suspension or revocation of a license, a licensee shall forward the licensee's wall certificate of licensure and pocket card at once to the Commission. If such license is that of a broker, such broker shall also forward to the Commission with the broker's wall certificate of licensure and pocket card all other licensees' wall certificates of licensure and pocket cards in the broker's possession or office and shall be responsible for all missing wall certificates of licensure of other licensees affiliate d with the broker's firm. No refund of fees will be made upon any license when surrendered, suspended, or revoked. Any licensee who surrenders a license to the Commission or whose license is revoked by the Commission and who later seeks reinstatement of that license must apply for licensure as an original applicant.

see also O.C.G.A. § 43-40-2& 43-40-14.

Cite as Ga. Comp. R. & Regs. R. 520-1-.03

Authority: O.C.G.A. Secs. 10-4A-3, 10-6A-4, 43-40-2, 43-40-25.

History. Original Rule entitled "Advertising" adopted as ER. 520-1-0.1-.03. F. and eff. July 12, 1973, the date of adoption.

Amended: Rule entitled "Net Listings" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: Rule entitled "Brokerage Engagements" adopted. F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. May 9, 2002; eff. May 29, 2002.

Repealed: New Rule entitled "Commission Operations" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Jan. 24, 2014; eff. Feb. 15, 2014, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-1-.04 Obtaining a License

Ga. Comp. R. & Regs. r. 520-1-.04 Obtaining a License

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.04. Obtaining a License

(1)

Fees. Whenever an individual applicant activates an original license, that applicant shall pay an activation fee and a renewal fee which shall cover all fees due the Commission until the applicant's month of birth in the fourth calendar year following the calendar year in which the license was activated. Whenever a firm applicant activates an original license, that firm shall pay an activation fee and a renewal fee which shall cover all fees due the Commission until the month of the fourth anniversary of the activation of a license by the firm.

(a)

Fees for all licenses and services performed by the Georgia Real Estate Commission shall be as follows:

1.

The activation fee for original licensure as an individual broker, associate broker, salesperson, community association manager shall be $45.00 which includes $20.00 for the Real Estate Education, Research, and Recovery Fund; and the activation fee for original licensure as a firm or an approved school or instructor shall be $75.00 which includes $20.00 for the Real Estate Education, Research, and Recovery Fund;

2.

Renewal fees for the four year renewal period shall be $125.00 for each firm licensed as a broker and each approved school and $125.00 for each individual licensee and each approved instructor if submitted and paid in any manner other than through the Commission's Internet on-line renewal system and $100.00 for each firm licensed as a broker and $100.00 for each individual licensee and each approved instructor if submitted and paid through the Commission's Internet on-line system.

3.

In addition to the renewal fee due, the fee for reinstatement of any license or approval which lapsed for nonpayment of fees or for failure to meet education requirements shall be as follows:

i.

if the license or approval is reinstated within four months of the date of lapsing, $100.00;

ii.

if the license or approval is reinstated more than four months after the date of lapsing, $100.00 plus an additional fee of $25.00 for an individual or instructor or $50.00 for a firm or school for each month or portion of a month beyond six months from the date of lapsing; and

4.

$25.00 (1) for failure to notify the Commission in writing within 30 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status; (2) for failure to affiliate with a new company or to apply to go on inactive status within 30 days of the Commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the Commission; and (3) whenever it is necessary for the Commission to return an application because of the application is incomplete;

5.

$100.00 for submitting to the Commission a check that is returned unpaid or for disputing a charge to a credit card for a fee owed to the Commission when the dispute results in a chargeback to the Commission's account; and

6.

Whenever an instructor or school applicant applies for an original approval, that applicant shall pay an activation fee and a renewal fee which shall cover all fees due the Commission until December 31st in the fourth calendar year following the calendar year in which the applicant's approval is granted.

(2)

Required Experience for Brokers License.

(a)

When a candidate for licensure seeks to meet the experience requirement for a broker's or an associate broker's license based on experience in another licensing jurisdiction and that jurisdiction's licensing agency is unable to certify that the applicant maintained a license in active status for at least three of the five years immediately preceding the filing of an application with the Commission because complete records are not available, the candidate for licensure must meet the following two conditions in order for the Commission to consider the application:

1.

the candidate for licensure obtained the experience within five years prior to date of making application in Georgia; and

2.

the candidate for licensure's former licensing jurisdiction is able to certify that the applicant was licensed at some time during the prior five years;

(b)

In addition, to the requirements of paragraph (a) above, the Commission may consider other credible evidence of the required experience such as:

1.

transactions files reflecting real estate brokerage activity within the last five years;

2.

an affidavit from any licensed broker with whom the applicant was affiliated and who remains currently licensed stating that (1) the broker is licensed, (2) the dates that the applicant was affiliated with the broker, and (3) the approximate number and type(s) of transactions in which the applicant participated; or

3.

if the candidate for licensure was a broker in the other state, an affidavit from the candidate for licensure stating that:

(1)

he or she was licensed,

(2)

the dates that the candidate for licensure was licensed,

(3)

the approximate number and type(s) of transactions in which the candidate for licensure participated, and

(4)

affidavits from three other brokers who can attest that the candidate for licensure operated as a broker and for what period of time.

(3)

Examinations.

(a)

Candidates for licensure must take a Commission approved examination and make a passing score as determined by psychometrically sound criterion-related methods associated with assessment of minimal competence. The methods used and the minimum passing score shall be published prior to the administration of the examination.

(b)

Any candidate for licensure who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. If such candidate for licensure is taking the examination in order to become licensed as a community association manager or a salesperson, said points shall be added to the grade made by the candidate for licensure in answering all questions in any such examination. If such candidate for licensure is taking the examination to become licensed as a broker, said points shall be added to the grade such candidate for licensure makes on the Information Gathering section of the examination and to the grade such candidate for licensure makes on the Decision Making section of the examination.

(c)

Any candidate for licensure who is disabled who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in line of duty and such disability is officially rated at less than 10 percent at the time of taking said examination. If such candidate for licensure is taking the examination in order to become licensed as a community association manager or a salesperson, said points shall be added to the grade made by the candidate for licensure in answering all questions in any such examination. If such candidate for licensure is taking the examination to become licensed as a broker, said points shall be added to the grade such candidate for licensure makes on the Information Gathering section of the examination and to the grade such candidate for licensure makes on the Decision Making section of the examination.

(d)

Any candidate for licensure who is a disabled veteran and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in line of duty and such disability is rated at 10 percent or above at the time of taking said examination. If such candidate for licensure is taking the examination in order to become licensed as a community association manager or a salesperson, said points shall be added to the grade made by the candidate for licensure in answering all questions in any such examination. If such candidate for licensure is taking the examination to become licensed as a broker, said points shall be added to the grade such candidate for licensure makes on the Information Gathering section of the examination and to the grade such candidate for licensure makes on the Decision Making section of the examination.

(e)

The provisions of paragraphs (b), (c), and (d) above as to points to be allowed to veterans shall apply to any candidate for licensure, male or female, who comes within the classes herein specified; except that they shall not apply in any instance to a candidate for licensure who has not been honorably discharged.

(f)

Any candidate for licensure seeking to qualify for veterans preference points under the provisions of paragraphs (b), (c), (d), and (e) above must:

1.

have served in a branch of the armed forces which participated in the war or conflict during which the candidate for licensure served at least ninety (90) days of active duty;

2.

have served at least ninety (90) days during a period of time when the Congress of the United States formally declared a state of war or when the Joint Chiefs of Staff authorized issuance of a campaign badge for service in a campaign or expedition in which the President committed military personnel; and

3.

submit proof of the candidate's service on official forms available through the Veterans Administration or the Department of Defense which clearly identify active duty time and percentage of disability for an injury or illness incurred in line of duty.

(g)

A candidate for licensure for licensure who has moved to Georgia from another state or a candidate for licensure for non-resident licensure may be granted a license without further examination or education if such candidate for licensure produces, from the licensing body of each state which has licensed the candidate for licensure, an original certification issued no more than twelve months prior to the candidate for licensure making application for licensure which shows that the candidate for licensure:

1.

has passed an examination for the type of license for which such candidate for licensure seeks licensure in Georgia;

2.

has met all prelicense and continuing education requirements required by such other state(s) for that license;

3.

is licensed in good standing at the time of the certification; and

4.

has not had any disciplinary action imposed by such state's licensing body. A candidate for licensure whose certification from the other state(s) does not comply with all of the conditions in the preceding sentence must take and pass the qualifying examination for the Georgia license which such candidate for licensure seeks. Rather than the written certification required of applicants by this paragraph, the Commission, in its sole discretion, may choose to accept some electronic form of the certified data from other states, which applicants must submit, or by some other procedure that reduces paperwork.

(h)

If the criminal history report from another state of such a candidate for licensure a prior criminal conviction(s) or if the candidate for licensure has a prior professional license disciplinary action, the candidate for licensure shall comply with the provisions in paragraphs (8) and (9) of this rule and said candidate for licensure shall be subject to the provisions of 43-40-15 (a) et seq.

(i)

Any examinee, applicant, candidate for licensure, or licensee who without proper authorization supplies to others, or attempts to supply to others, any information concerning the content of any qualifying examination, administered by or approved by the Commission shall be grounds for denial of license or the imposition of any sanction permitted by O.C.G.A. Section 43-40-25.

(j)

Approved instructors, approved schools, or their staff members are prohibited from:

1.

obtaining from examinees information concerning the content of any qualifying examination administered by or approved by the Commission;

2.

accepting such information except as provided or approved by the Commission; and

3.

using such information in non-approved courses operated by or in association with any approved instructor or approved school or their staff. Violation of this paragraph may be grounds for denial of approved status, withdrawal of approved status, suspension of approved status, or imposing any sanction permitted by O.C.G.A. Section 43-40-25 upon both instructors and school.

(k)

Unless a person first obtains written permission of the Commission, a person may not take any qualifying examination offered by the Commission except:

1.

to qualify for or to reinstate the license for which the examination is designed;

2.

when:

a.

such person holds a license issued by the Commission by reciprocity rather than by examination,

b.

such person is applying to another state for licensure by reciprocity, and

c.

the state to which such person is applying requires that an applicant for reciprocity must have passed an examination in Georgia as a condition of receiving a license by reciprocity in that state; or

3.

when such person is required to take a qualifying examination by an Order of the Commission in a disciplinary matter.

(4)

Applications. Applications for licensure, for renewal of license, for transfer of license, for any change in status of a license, and for any change in the name of a firm required to be filed with the Commission, must be on Commission approved forms. Each Commission approved form may require the email address of an applicant and his or her affiliated firm (s), if an email address is maintained by such applicant or firm. Changes in other information required to be filed with the Commission such as changes in trust accounts, address changes, email address changes and individuals' name changes may be done by letter or email.

(a)

Any such application, change of information, or fee required to be filed with the Commission may be filed with the Commission by:

1.

personal delivery to the Commission's offices during regular business hours;

2.

mail in a letter postmarked by the United States Postal Service;

3.

private courier or delivery service; or

4.

electronic facsimile (fax) transmission or email if the application does not require the payment of a fee.

(b)

The effective date of the filing of the application or fee shall be the United States Postal Service postmarked date, if mailed, or if otherwise filed, the date the Commission dates receipt of the application or fee. In the event that receipt by the Commission of an application or fee occurs later than the deadline for the filing of such application or fee, the applicant or licensee shall bear the burden of proof that the application or fee was timely filed.

(c)

If an applicant or a candidate for licensure submits an application on a form which is no longer in use by the Commission and pays the correct fee in effect on the date of the application, the Commission may require the applicant to submit a new application on its latest form at no further cost to the applicant.

(d)

A licensee, an applicant, or a candidate for licensure must supply all information requested on any form the licensee submits to the Commission. Failure to supply all information shall cause the application to be incomplete. An application is incomplete if the applicant or a candidate for licensure fails to include the proper fee, to attach any required documents, to provide all requested biographical or other data, to include required signatures, or to include legible responses. Failing to disclose each and every criminal conviction, as defined by O.C.G.A. § 43-40-15(a), or license disciplinary action that the applicant may have in this state or any other jurisdiction may constitute a falsified application.

(e)

The Commission may assess the fees cited in Substantive Regulation 520-1-.04(1) on any incomplete application and may return any incomplete application, or any obsolete application, or any application on a non-approved form to a licensee or applicant by mail at either (1) the address listed on the incomplete or incorrect application or (2) the last known business address of record in the Commission's files if the incomplete or incorrect application contains no address.

(f)

The Commission will provide reasonable accommodation to a qualified candidate for licensure with a disability in accordance with the Americans With Disabilities Act. The request for an accommodation by an individual with a disability must be made in writing and received in the Commission's office by the application deadline along with appropriate documentation, as indicated in the Commission's Request for Disability Accommodation Guidelines.

(g)

Whenever an applicant or a candidate for licensure submits to the Commission an original application on paper for licensure as, including but not limited to, a broker, an associate broker, a salesperson, a community association manager, a sole proprietor firm, a corporation, a limited liability company, or a partnership or for approval as a school or an instructor, the Commission shall maintain the paper record for a period of 15 years and may then destroy the application. Whenever a licensee submits any other application to the Commission on paper, the Commission shall maintain the paper record for a period of one year and may then destroy the application. The Commission shall maintain all electronic licensing records for a period of at least 15 years.

(5)

Application Deadlines.

(a)

Any person who has taken the community association manager's examination and successfully passed the examination and any person who has taken the salesperson's examination and successfully passed the examination must make application for an active or inactive license within three months from the date of the examination taken, or after three months, must pay a fee equal to two times the original application fee. Any person who fails to activate a community association manager's or a salesperson's license by making application therefore within twelve months from the date of the examination taken must retake the examination. In addition to passing the qualifying examination, an applicant who applies for a community association manager's license must submit evidence of successful completion of the Community Association Manager's Prelicense Course (or an approved equivalency as set forth in Chapter 520-2) and an applicant who applies for a salesperson's license must submit evidence of successful completion of the Salesperson's Prelicense Course (or an approved equivalency as set forth in Chapter 520-2).

(b)

Any person who has taken the broker's examination and successfully passed the examination must activate a broker's or associate broker's license by making application therefore within 12 months from the date of the examination taken, or after 12 months must retake the examination. An applicant must show proof of having held a license in active status for at least three years of the five years immediately preceding the filing of an application to become a broker or an associate broker. Applicants whose prior active licensure was in a licensing jurisdiction other than Georgia must present an original certification of licensure from that licensing jurisdiction; and if the applicant was a broker in that licensing jurisdiction, the applicant must present an original certification of licensure of the firm or firms the applicant served as broker. The certification of licensure must have been issued no more than twelve months prior to the applicant's making application.

(6)

Name of Firm on Application.

(a)

A broker operating as a sole proprietor shall supply the Commission with the name in which the broker intends to conduct business on the broker's application for licensure as a sole proprietor and the same name shall be shown on the broker's certificate of licensure.

(b)

Any corporation applying for licensure as a broker shall submit with its application a copy of its corporate charter as registered with the Corporation Division of the Secretary of State's Office. In the event a corporation wishes to conduct business under a trade name, it shall also submit with its application a certified copy of its trade name, certified to by the Clerk of the County in which such certificate is on file. The corporate name as is shown on the corporate charter, or the trade name which appears on said certified copy, if the corporation has filed a trade name registration, shall be shown on the broker's certificate of licensure issued to the corporation. In the event a corporation chooses to conduct business under a trade name or change the name under which it is conducting business at any time after issuance of its initial certificate of licensure, it shall submit a certified copy of its trade name; and such trade name shall be shown on a new broker's certificate of licensure issued the corporation.

(c)

Any partnership applying for licensure as a broker shall submit with its application a copy of its partnership agreement and a certified copy of its Certificate of Trade Name, certified to by the Clerk of the County in which such certificate is on file. The trade name that appears on said certified copy shall be shown on the broker's certificate of licensure issued to the partnership.

(d)

Any limited liability company applying for licensure as a broker shall submit with its application a copy of its certificate of authority to transact business in Georgia as issued by the Secretary of State's office. In the event a limited liability company wishes to conduct business under a trade name, it shall also submit with its application a certified copy of its trade name, certified to by the clerk of the county in which such certificate is on file. The limited liability company's name that appears on its certificate of authority to transact business in Georgia, or the trade name which appears on the certified copy of its trade name, if the limited liability company has filed a trade name registration, shall be shown on the broker's certificate of licensure issued to the limited liability company. In the event a limited liability company chooses to conduct business under a trade name or change the name on its certificate of authority to transact business in Georgia at any time after issuance of the initial certificate of licensure, it shall submit a certified copy of its trade name or a copy of its revised certificate of authority to transact business in Georgia; and such new name shall be shown on its broker's certificate of licensure.

(e)

The trade name of any franchisee applying for licensure as a broker shall include the franchise name in a manner reasonably calculated to discern it from any other firm registered with the Commission by including both the franchise name and either: said firm's name as it appears on its corporate charter, partnership agreement, or certificate of authority to transact business in Georgia; or said firm's trade name, unique from the franchise name, as registered with each county in which it is doing business.

(7)

Criminal History Report. No more than 60 days prior to making application, each candidate for licensure or applicant for a license or an instructor approval shall obtain, at the expense of the candidate for licensure or applicant, and attach to the application for licensure or approval:

(a)

a certified criminal history report issued by the Georgia Crime Information Center of the Georgia Bureau of Investigation, indicating whether the candidate for licensure or the applicant has any record of a criminal history;

(b)

for candidates for licensure or applicants for licensure who have not lived in Georgia, a certified criminal history report from their resident state, province, or territory that is equivalent to the report required in sub-paragraph (a) of this sub-section.

If that report indicates that the candidate for licensure or the applicant has a record in another jurisdiction, or if the applicant is unable to obtain a report as set forth in subparagraph (b) of this sub-section, the applicant must, at the applicant's expense, provide any necessary fingerprints, fees, authorization, or other requirements for the Commission to obtain a Federal Crime Information Center report from the Federal Bureau of Investigation.

(8)

Applicants with Convictions. Whenever a candidate for licensure or an applicant reveals that such candidate or applicant for licensure has a criminal conviction, as that term is defined in O.C.G.A. Section 43-40-15(b)(1)(A), and whenever any licensee is convicted of any offense that the licensee is required to report to the Commission, such candidate for licensure, applicant, or licensee must supply to the Commission a certified copy of:

(a)

the citation, accusation, information, or indictment that led to the conviction; and

(b)

a certified copy of the sentence.

(9)

Applicants with Disciplinary Actions. Whenever a candidate for licensure or an applicant reveals that such candidate or applicant for licensure, has been the subject of a disciplinary action before any licensing agency, and whenever any licensee has been the subject of a disciplinary action before any licensing agency that the licensee is required to report to the Commission, such candidate for licensure, applicant, or licensee must supply the Commission with a certified copy of:

(a)

any allegations that preceded the final order; and

(b)

the final order of that licensing agency.

(10)

Incomplete Applications. The Commission, in its discretion, may deem an application for licensure as incomplete unless the requirements of paragraphs (1) and (2) are met and may elect not to process such an application unless and until those requirements are met.

(11)

Preliminary Decisions for Candidates for Licensure Having Convictions or Disciplinary Actions. The Official Code of Georgia Annotated Section 43-40-15 provides in part that the Commission may deny a license to an applicant who has a prior criminal conviction(s) or a disciplinary action(s) imposed by any occupational licensing body. An applicant for licensure is a person who has met all experience, education, and examination requirements for the license sought. Because of the time and expense involved in becoming an applicant for licensure, the Commission affords an individual who has not yet become an applicant the opportunity to request that the Commission make a preliminary decision on the conviction(s) or the prior disciplinary action(s) before the individual takes the required education and examination for license. The purpose of a preliminary decision is merely to provide advisory guidance. Preliminary decisions are not binding. However, the Commission may elect to allow a favorable preliminary decision to become its final decision without further investigation or hearing when the individual becomes an applicant for licensure.

(a)

Required Information. An individual seeking a preliminary decision must submit to the Commission a certified copy of any indictment and conviction or a disciplinary action imposed by another licensing regulatory authority. An individual seeking a preliminary decision may also provide the Commission with any additional information that the individual believes may assist the Commission in rendering a preliminary decision.

(b)

Adverse Preliminary Decisions. A preliminary decision by the Commission that is unfavorable to the individual shall not prevent the individual from becoming an applicant for licensure by successfully completing all education, experience, and examination requirements for the license. Whenever the Commission denies a license based on a prior conviction or prior disciplinary action, it must provide the applicant the opportunity for notice and a hearing.

(12)

Request for hearing after Commission Denies an Application. If the Commission denies an application for licensure or reinstatement of licensure after an applicant has met the age, education, and examination requirements as described in O.C.G.A. Section 43-40-8 and 43-40-9 and the Rules and Regulations of the Commission and has paid all required fees for the license, that applicant may request a formal hearing concerning that denial. The applicant must make that request in writing to the Real Estate Commission within sixty (60) days of the Commission's mailing notice to the applicant to the address on the application that the Commission has reviewed the applicant's application and voted to deny the application.

(a)

If the applicant does not make written application for a formal hearing within sixty (60) days the application shall lapse and the applicant may not make another application for a license without again standing and passing any qualifying examination that may be required for that license and paying any required fees.

(b)

If the applicant makes written application for a formal hearing within sixty (60) days and is granted the opportunity for a formal hearing and the Commission affirms its denial of the application, the applicant may not make another application for a license without again standing and passing any qualifying examination that may be required for that license and paying any required fees.

(13)

Military Spouses and Transitioning Service Member Applications. Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of any license application submitted to the Commission by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied.

Cite as Ga. Comp. R. & Regs. R. 520-1-.04

Authority: O.C.G.A. §§43-40-2, 43-40-3.1, 43-40-7, 43-40-9, 43-40-13, 43-40-14, 43-40-16, 43-40-25.

History. Original Rule entitled "Purchasing Equities" adopted as ER. 520-1-0.1-.04. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Advertising" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: F. Dec. 21, 1976; eff. Jan. 10, 1977.

Repealed: New Rule of the same title adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: F. June 13, 1979; eff. July 3, 1979.

Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Amended: F. Nov. 13, 1981; eff. Dec. 2, 1981.

Amended: F. Mar. 11, 1982; eff. Mar. 31, 1982.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Feb. 10, 1983; eff. Mar. 3, 1983, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Feb. 12, 1987; eff. Mar. 4, 1987.

Amended: F. May 15, 1989; eff. July 1, 1989, as specified by the Agency.

Amended: F. Sept. 13, 1990; eff. Oct. 3, 1990.

Amended: F. Nov. 16, 1993; eff. Dec. 6, 1993.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. July 19, 1994; eff. August 8, 1994.

Amended: F. Dec. 15, 1994; eff. Jan. 4, 1995.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. Feb. 21, 1997; eff. Mar. 13, 1997.

Amended: F. Feb. 12, 1998; eff. Mar. 4, 1998.

Amended: F. Oct. 19, 1998; eff. Nov. 8, 1998.

Amended: F. May 13, 1999; eff. June 2, 1999.

Amended: F. June 10, 1999; eff. June 30, 1999.

Amended: F. Apr. 12, 2001; eff. May 2, 2001.

Amended: F. May 9, 2002; eff. May 29, 2002.

Repealed: New Rule entitled "Obtaining a License" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Dec. 10, 2003; eff. Dec. 30, 2003.

Amended: F. Sept. 21, 2004; eff. Oct. 11, 2004.

Amended: F. Dec. 8, 2004; eff. Dec. 28, 2004.

Amended: F. Jan. 14, 2005; eff. Feb. 3, 2005.

Amended: F. June 8, 2005; eff. June 28, 2005.

Amended: F. Dec. 19, 2005; eff. Jan. 8, 2006.

Amended: F. Feb. 15, 2006; eff. Mar. 7, 2006.

Amended: F. Aug. 9, 2006; eff. Aug. 29, 2006.

Amended: F. Oct. 12, 2006; eff. Nov. 1, 2006.

Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended: F. Jun. 5, 2013; eff. Jun. 25, 2013.

Amended: F. Jan. 24, 2014; eff. Feb. 15, 2014, as specified by the Agency.

Amended: F. Aug. 28, 2017; eff. July 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-1-.05 Maintaining a License

Ga. Comp. R. & Regs. r. 520-1-.05 Maintaining a License

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.05. Maintaining a License

(1)

Required Education. O.C.G.A. Section 43-40-8(d) requires that each salesperson must furnish to the Commission within one year of the issuance of an original salesperson's license evidence of satisfactory completion of a post-license course of study of at least 25 instructional hours (other than the Salespersons Prelicense Course or Brokers Prelicense Course) approved by the Commission. Salespersons must have completed such course:

(a)

no earlier than one year before the date of issuance of the original salesperson's license, or

(b)

no later than either:

1.

one year after the date of issuance of an original salesperson's license or

2.

eighteen months after the date of issuance of an original salesperson's license if the salesperson qualifies for the six month extension of time authorized by the O.C.G.A. Section 43-40-8(d).

(c)

if the salesperson is a non-resident who has successfully completed in his or her state of residence a post-license course substantially similar to Georgia's Salespersons Post-license Course prior to the issuance of a Georgia salesperson's license (or in the first year after being issued such a license), then such course shall be deemed to have met the requirements of O.C.G.A. Section 43-40-8(d).

(d)

In order to renew an active license, a licensee shall furnish to the Commission evidence of satisfactorily completing thirty-six (36) instructional hours of continuing education courses during the renewal period. The effective date of this requirement shall be July 1, 2015. Any licensee who renews an active license on or after this date must have completed thirty-six (36) hours of continuing education courses to renew.

(e)

A licensee shall satisfactorily complete at least three (3) hours of continuing education on the topic of license law during each renewal period. The effective date of this requirement shall be July 1, 2016. Any licensee who renews an active license on or after this date must have completed at least three (3) hours of continuing education on the topic of license law in order to renew.

(2)

Active or Inactive License.

(a)

Every active Georgia associate broker, salesperson, and community association manager shall be licensed under an active Georgia broker; and said associate broker, salesperson, or community association manager cannot be licensed under more than one Georgia broker during the same period of time. An active Georgia associate broker, salesperson, or community association manager may also affiliate a license issued by another state's real estate licensing regulatory body with a broker in that state provided:

1.

said state's laws allow affiliations in both states; and

2.

said Georgia resident associate broker, salesperson, or community association manager has the written permission of the broker holding his Georgia license to affiliate with a broker in another state and said written permission clearly delineates (1) the duties that the licensee may undertake for each broker and (2) that the licensee may not undertake brokerage activity on property located in Georgia except in behalf of the active Georgia broker.

(b)

After making an original application for licensure to the Commission, a salesperson or a community association manager shall not commence work in real estate brokerage activities until the broker has received the licensee's wall certificate of licensure.

(c)

After a licensee makes application to change the status of his or her license to a broker of a sole proprietorship or qualifying broker of a corporation, limited liability company, or partnership, the applicant shall not commence work in real estate brokerage activities until the applicant has received the wall certificate of licensure for the sole proprietorship, corporation, limited liability company, or partnership.

(d)

Any licensee whose license is released by a broker shall not engage in the activities of a real estate broker until the licensee:

1.

affiliates his or her license with a new broker and mails a Change Application to the Commission; or

2.

receives from the Commission a wall certificate of licensure authorizing the licensee to serve as the broker of a sole proprietorship or the qualifying broker of a corporation, limited liability company, or partnership.

(e)

Any licensee who seeks to activate a license which has been on inactive status shall be required to have satisfactorily completed the continuing education requirements which would have been required if such licensee had been on active status or in lieu thereof, requalifying as an original applicant.

(f)

This requirement shall not apply to an inactive licensee who can furnish to the Commission evidence that he or she has met the continuing education requirement for each renewal period that his or her license has been on inactive status.

(g)

Every active licensee seeking to perform real estate brokerage activity must do so as a broker or on behalf of a real estate broker. Inactive licensees may not perform real estate brokerage activity on any real estate except real estate owned solely by the inactive licensee. Real estate brokerage activity includes sales, leasing, community association management services, property management services, and any of the activities identified under the definition of "Broker" in O.C.G.A. Section 43-40-1.

(h)

The license law contains an exception (not available to licensees) that allows an unlicensed person who is a full-time employee of an unlicensed person to perform real estate brokerage activity on property owned by that unlicensed person's employer.

(i)

A licensee may not place the licensee's license on inactive status and perform real estate brokerage activity for an unlicensed person. Whenever a real estate licensee wishes to be employed by an unlicensed person in order to perform real estate brokerage activity on real estate owned by that unlicensed person, such licensee must first surrender such licensee's license to the Commission and may not reinstate that license without first qualifying as an original applicant.

(j)

A licensee on inactive status may be an employee of an unlicensed person to perform work other than real estate brokerage activity for the unlicensed person.

(3)

Renewals. Unless renewal fees are paid, all licenses issued under the provisions of paragraph (1) of this Rule will lapse:

(a)

in the case of an individual license, on the last day of the month of the birthday of the individual licensee and

(b)

in the case of a firm licensed as a broker on the last day of the month of the fourth anniversary of its original licensure.

(4)

Reinstatement of Lapsed License.

(a)

Any licensee whose license lapses due to nonpayment of fees or failure to satisfactorily complete any of the education requirements of O.C.G.A. Chapter 43-40 shall be prohibited from engaging in real estate brokerage activities as defined in O.C.G.A. Section 43-40-1 until such time as the license is reinstated.

(b)

Any licensee who has been exempt from the continuing education requirements of O.C.G.A. Section 43-40-8(e), and whose license has lapsed for longer than one year from the date of lapsing, and who reinstates it by paying the fees cited in Rule 520-1-.04(1) shall thereafter be subject to the continuing education requirements of O.C.G.A. Section 43-40-8(e).

(c)

Any licensee who fails to pay a renewal fee and allows an active license to lapse may reinstate that license to active status within two years of the date of lapsing by paying the fees cited in Rule 520-1-.04(1), provided the licensee has satisfactorily completed the continuing education requirements which would have been required if such licensee had been on active status.

(d)

Any licensee who fails to pay a renewal fee and allows an inactive license to lapse may reinstate that license to active status within two years of the date of lapsing by paying the fees cited in Rule 520-1-.04(1) provided the licensee has satisfactorily completed the continuing education requirements which would have been required if such licensee had been on active status

(e)

Any licensee who fails to pay a renewal fee and allows an inactive license to lapse may reinstate that license to inactive status within two years of the date of lapsing by paying the fees cited in Rule 520-1-.04(1).

(f)

Any licensee who allows either an active or inactive license to lapse for a period longer than two years and less than five years from the date of lapsing may reinstate that license to active status by paying the fees cited in Rule 520-1-.04(1) and by satisfactorily completing the following educational course:

1.

if the lapsed license is that of a community association manager, the Community Association Managers Prelicense Course;

2.

if the lapsed license is that of a salesperson, the Salespersons Prelicense Course; or

3.

if the lapsed license is that of a broker or associate broker, the Brokers Prelicense Course.

Courses taken to reinstate a license as provided in 1., 2. and 3. above must be taken within one year prior to making application for and paying the fees required for reinstatement.

(g)

Any licensee who fails to pay a renewal fee and allows a license to lapse and who does not elect to reinstate the license under the provisions of paragraph (4) (c), (d), (e) or (f) of this Rule may reinstate the license by retaking and passing the appropriate qualifying examination for that license including the national portion of the examination.

(h)

Any licensee whose license has lapsed a period of time longer than five years from the date of lapsing due to a failure to pay required fees and who desires to re-qualify for a license must do so as an original applicant.

(i)

Any active licensee whose license lapses for not completing any continuing education required for renewal of a license shall automatically upon paying a renewal fee become an inactive licensee and subject to the rules which govern an inactive license.

(j)

Any salesperson whose license lapsed for failure to satisfactorily complete the 25 instructional hours of post-license education required by O.C.G.A. Section 43-40-8(d) may reinstate the license only as provided in that Code section. Any such salesperson whose license has lapsed for a period of time longer than five years due to a failure to complete the post-license education requirements in a timely manner and who desires to re-qualify for a license shall do so by re-qualifying as an original applicant.

(k)

Any licensee whose license lapses for any reason and who then applies to reinstate that license or any licensee whose license is on inactive status and who then applies to reactivate that license shall not commence work in real estate brokerage activities until:

1.

if a broker, he or she has received the broker's certificate of licensure; or

2.

if a community association manager, salesperson, or associate broker, the broker with whom the licensee is affiliated has received the licensee's certificate of licensure.

(5)

Notification of Legal Action and Change of Address.

(a)

Every licensee shall notify the Commission in writing of the final disposition of any administrative, civil, or criminal action filed in any court of competent jurisdiction or any administrative agency whenever that final disposition involves the subject matter of the offenses cited in O.C.G.A. Sections 16-13-111, 43-40-15, or 43-40-25. Such notice of any administrative or civil action shall be given to the Commission within ten (10) days of the conclusion of the court or administrative proceedings and shall include a copy of any final order entered by the court or agency. Such notice of any criminal action shall be given to the Commission within ten days of any conviction and shall include a copy of the indictment, accusation, and the conviction.

(b)

Each licensee, approved school, or approved instructor must notify the Commission in writing within one month of any change in any such licensee's, approved school's, or approved instructor's mailing address or residence address, or email address if an email address is maintained by such licensee, approved school, or approved instructor.

(6)

Nonresident Licensure and Brokerage.

(a)

Nonresidents who meet the requirements prescribed in O.C.G.A. Section 43-40-9 and the Rules and Regulations of the Commission ma y be granted a nonresident's license.

(b)

Licensees who remove their residency from this state to another state may qualify for nonresident licensure in accordance with O.C.G.A. Section 43-40-9 only if they make application to change their status from resident to nonresident, sign a Consent to Jurisdiction, and sign an agreement to cooperate with any investigation initiated by the Commission.

(c)

A nonresident broker can serve as a qualifying broker for any corporation, limited liability company, or partnership licensed by the Commission. A nonresident broker can be the qualifying broker for an out-of-state corporation or limited liability company which becomes licensed by the Commission and is authorized by the Secretary of State's Corporation Division to do business in the State of Georgia.

(d)

Licensees who move from this state to another state may elect to place their licenses on inactive status rather than seeking a nonresident's license to avoid termination of their license. Licensees who elect such inactive status may not then conduct brokerage business in this state until they have again become residents of this state and have complied with the reactivation provisions of O.C.G.A. Section 43-40-12 or have qualified for nonresident licensure as provided in paragraph (2) of this rule.

(e)

Any nonresident licensee whose license lapses for failure to pay a renewal fee may reactivate that license by paying the fee required of an original applicant if such nonresident has maintained an active license in his or her state of residence during the period that his or her license lapsed and has met that state's continuing education requirements.

(f)

No Georgia licensee may perform or attempt to perform any of the acts of a broker as defined in O.C.G.A. Section 43-40-1 on property located in another state without having first been properly licensed in that state or otherwise complied fully with that state's laws regarding real estate brokerage.

(g)

An applicant for non-resident licensure must also comply with the requirements set forth in Rule 520-1-.04(3)(g).

(7)

Retention of Certificate of Licensure. Upon making such request in writing to the

Commission, any licensee who retires after twenty years of active licensure or the family of any licensee who is deceased shall be allowed to retain the licensee's wall certificate of licensure and pocket card for non-brokerage purposes.

Cite as Ga. Comp. R. & Regs. R. 520-1-.05

Authority: O.C.G.A. Secs. 43-40-1, 43-40-2, 43-40-8, 43-40-9, 43-40-12, 43-40-14, 43-40-25.

History. Original Rule entitled "Offers to Purchase" adopted as ER. 520-1-0.1-.05. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Purchasing Equities" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: F. May 8, 1981; eff. June 1, 1981, as specified by the Agency.

Amended: New Rule entitled "Reinstatement of Inactive License" adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Amended: F. Jan. 21, 1987; eff. Feb. 14, 1987, as specified by the Agency.

Amended: F. May 13, 1987; eff. July 1, 1987, as specified by the Agency.

Amended: Rule retitled "Reactivation of Inactive License" adopted. F. July 20, 1987; eff. August 9, 1987.

Amended: F. Apr. 17, 1990; eff. May 7, 1990.

Amended: F. Dec. 16, 1991; eff. Jan. 5, 1992.

Amended: F. July 11, 1997; eff. July 31, 1997.

Repealed: New Rule entitled "Maintaining a License" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Dec. 10, 2003; eff. Dec. 30, 2003.

Amended: F. Feb. 11, 2004; eff. Mar. 2, 2004.

Amended: F. Dec. 19, 2005; eff. Jan. 8, 2006.

Amended: F. Feb. 15, 2006; eff. Mar. 7, 2006.

Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended: F. Jun. 5, 2013; eff. Jun. 25, 2013.

Amended: F. Apr. 7, 2014; eff. May 1, 2014, as specified by the Agency.

Amended: F. Aug. 14, 2014; eff. Sept. 3, 2014.

Ga. Comp. R. & Regs. r. 520-1-.06 Brokerage Relationships

Ga. Comp. R. & Regs. r. 520-1-.06 Brokerage Relationships

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.06. Brokerage Relationships

(1)

Brokerage Engagements.

(a)

Each exclusive brokerage agreement must fully set forth its terms and have a definite expiration date.

(b)

At the time of securing a brokerage engagement, the licensee securing it must furnish each person signing it a true copy thereof.

(c)

The Commission prohibits the acceptance by brokers of net brokerage engagements and hereby makes it obligatory upon the broker, when securing the brokerage engagement, to add the broker's fee thereby notifying the client of the gross price of the property and the broker's services.

See also O.C.G.A.§§ 43-40-2& 43-40-25.

(2)

Management Agreements.

(a)

Every written property management agreement or other written authorization to manage real property between a broker and the owners of the real property shall:

1.

Identify the property to be managed;

2.

Contain all the terms and conditions under which the property is to be managed;

3.

Specify the terms and conditions on which the broker will remit property income to the owner and on which the broker will provide periodic written statements of property income and expenses to the owner, provided that the periodic written statements shall be submitted to the owner on at least an annual basis;

4.

Specify which payments of property related expenses are to be made by the broker to third parties and how such payments are to be funded;

5.

State the amount of fee or commission to be paid and when the fee or commission will be paid;

6.

Specify whether security deposits and prepaid rents will be held by the broker or the owner;

7.

Contain the effective date of the agreement and its termination date;

8.

Provide the terms and conditions for termination of the property management agreement by the broker or the owner of the property; and

9.

Contain signatures of broker and owner or their authorized agent.

(b)

The licensee shall give to the owner or the owner's authorized agent a legible copy of every written property management agreement or other written authorization to manage real property at the time the signature of the owner is obtained; and the licensee's broker shall retain a copy.

See also O.C.G.A. §§ 43-40-2, 43-40-25, & 43-40-25.1.

(3)

Fidelity Bond or Insurance Required for Community Association Management. Any broker who provides community association management services as defined in O.C.G.A. Section 43-40-1 and who collects, maintains, controls, has access to, or disburses community association funds shall be covered at all times under a fidelity bond or fidelity insurance policy that complies with the requirements of paragraph (a) below unless such broker at no time collects, maintains, controls, has access to, or disburses community association funds totaling more than $60,000.00;

(a)

Any fidelity bond or fidelity insurance policy required by this rule shall:

1.

be written by an insurance company authorized to write such bonds or policies in this state;

2.

cover the maximum amount of funds that the broker providing community association management services collects, maintains, controls, has access to, or disburses at any time the bond or insurance policy is in effect, provided that at no time shall coverage be less than an amount equal to the sum of three months assessments due from all the members of the association or associations managed by the broker plus the amount of reserve funds that the community association or associations require the broker to maintain;

3.

name the community association(s) as an additional named insured;

4.

cover the broker and all partners, officers, licensed affiliates, and employees of the broker and may cover other persons collecting, maintaining, controlling, having access to, or disbursing community association funds as well; and

5.

provide that the insurance company issuing the bond or policy may not cancel, substantially modify, or refuse to renew the bond or policy without giving thirty days prior written notice to the broker and to the community association; except that in the case of non-payment of premiums, no less than ten days prior written notice shall be given.

(b)

Each broker shall maintain a separate fidelity bond or fidelity insurance policy for each community association for which the broker provides community association management services and collects, maintains, controls, has access to, or disburses community association funds or such alternate fidelity coverage as is acceptable to the Commission.

(c)

Each broker shall maintain a copy of each fidelity bond or fidelity insurance policy along with a current certificate of each such bond or insurance policy showing current coverage and shall provide a copy thereof to the community association.

See also O.C.G.A. §§ 43-40-2.

(4)

Disclosure of Brokerage Relationships.

(a)

No licensee shall buy or lease, nor take an option to buy or lease, any interest in property listed with the licensee or the licensee's firm on which the licensee or the licensee's firm has been requested to act as a broker, unless the licensee shall clearly disclose the licensee's position as a buyer to the seller or as a tenant to the landlord, as the case may be, and insert a clause to this effect in the contract. Neither shall any licensee sell or lease or otherwise convey any interest in property owned by the licensee to any person, unless the licensee shall clearly disclose the licensee's position as a seller to the buyer or as a landlord to the tenant, as the case may be, and insert a clause to this effect in the contract.

(b)

A licensee shall make or cause to be made a written disclosure to both buyer and seller or to both lessor and lessee, as the case may be, revealing the party or parties for whom that licensee's firm is acting as agent or dual agent and from whom that licensee's firm will receive any valuable consideration for its efforts as agent in the transaction. If the licensee's firm is not acting as an agent for either party, then the licensee shall make a written disclosure revealing from whom the licensee's firm will receive any valuable consideration for its efforts in the transaction. The written disclosures required by this paragraph must be made in a timely manner, but in any event not later than the time that any party first makes an offer to purchase, to sell, to lease, or to exchange real property.

(c)

Real estate licensees shall not pay a fee or commission to a licensee representing another party to a transaction except with the full knowledge and written consent of all parties.

See also O.C.G.A. §§ 43-40-2& 43-40-25.

Cite as Ga. Comp. R. & Regs. R. 520-1-.06

Authority: O.C.G.A. Secs. 43-40-2, 43-40-25.

History. Original Rule entitled "Closing" adopted as ER. 520-1-0.1-.06. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Offers to Purchase" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule of same title adopted. F. May 12, 1978; eff. June 1, 1978.

Repealed: New Rule of same title adopted. F. Nov. 12, 1981; eff. Dec. 2, 1981.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: Rule retitled "Offers". F. Apr. 7, 1994; eff. Apr. 27, 1994.

Repealed: New Rule entitled "Brokerage Relationships" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.07 Management Responsibilities of Real Estate Firms

Ga. Comp. R. & Regs. r. 520-1-.07 Management Responsibilities of Real Estate Firms

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.07. Management Responsibilities of Real Estate Firms

(1)

Name of Firm. A broker shall not conduct business under any name other than the one in which the broker's license is issued.

(2)

Responsibilities of Brokers or Qualifying Brokers.

(a)

A real estate broker or qualifying broker shall be held responsible for any licensee whose license is affiliated with the broker or the broker's firm who violates any of the provisions of O.C.G.A. Chapter 43-40 and its attendant Rules and Regulations.

(b)

Every broker or qualifying broker shall be responsible to instruct licensees affiliated with the broker or the broker's firm of the provisions set forth in the License Law and its Rules and Regulations.

(c)

The broker or qualifying broker shall notify the Georgia Real Estate Commission of any violation of the License Law and its Rules and Regulations.

See also O.C.G.A. §§ 43-40-1, 43-40-2, & 43-40-18.

(3)

Change of Qualifying Broker.

(a)

Whenever the qualifying broker of a partnership, limited liability company, or corporation dies, resigns, or is discharged unexpectedly, the partnership, limited liability company, or corporation must secure a new qualifying broker within 60 days or cease all real estate brokerage activity until it does secure a new qualifying broker.

(b)

During the period of time that the firm is seeking a new qualifying broker to replace a qualifying broker who dies, resigns, or is discharged unexpectedly, the firm must designate a partner, if a partnership; a member, if a limited liability company; or an officer, if a corporation, to sign any documents and applications which must be filed with the Commission and to disburse trust funds from the firm's designated trust account(s) as may be required by any contracts or agreements authorizing the firm to hold such trust funds.

(4)

Qualifying Brokers Affiliated with Multiple Firms.

(a)

A person licensed by the Commission as a broker or qualifying broker for a licensed firm may serve as the broker or qualifying broker with one or more other licensed firms.

(b)

A person licensed as an associate broker and affiliated with a licensed firm may serve as the broker or qualifying broker for one or more other licensed firms provided such person has notified in writing the broker with whom he or she is affiliated as an associate broker of his or her intended services as a broker or qualifying broker with another firm.

See also O.C.G.A. §§ 43-40-2, 43-40-14, & 43-40-25.

(5)

Transferring Licensees Into or Out of a Firm.

(a)

Any broker seeking to have a licensee affiliate with the broker's firm shall enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their broker, the Commission shall not regulate the content of such agreements or enforce the provisions of such agreements. A dispute between licensees as to whether the terms of this agreement have been met shall not be grounds for the broker's refusal to sign a release and to forward the wall certificate of licensure to the Commission nor for either party to file a complaint with the Commission.

(b)

When a licensee requests that a release form be signed, the releasing broker shall immediately sign the release and forward the wall certificate of licensure of the departing licensee to the Commission or notify the Commission in writing that the wall certificate of licensure has been forwarded to the new broker for whom the licensee will act. If a licensee assumes the responsibility of delivering the wall certificate to a new broker, then the wall certificate must be delivered as soon as practically possible after the licensee receives it from the releasing broker.

(c)

Any licensee transferring shall not take, nor have in the licensee's possession, nor use any written brokerage engagement secured through the office or through licensed affiliates of the releasing broker, unless specifically authorized by the broker. The names of all prospective customers or clients given in writing to the departing licensee during the tenure of the affiliation with the releasing broker shall be accounted for to that broker. All plats of property, keys and other property which the releasing broker owns or for which the releasing broker is responsible,"for sale" signs, notebooks, listing cards, or records of any kind that have been used in connection with the listing or selling of property or with the management of property or community associations shall be returned in person by the departing licensee to the person designated by the releasing broker. Any broker seeking to have a licensee affiliate with the broker's firm shall enter into a written agreement expressing the terms under which the provisions of this paragraph shall be fulfilled upon the licensee's transferring from the broker. Failure of a departing licensee to meet the requirements of this paragraph shall not be grounds for the broker's refusal to sign a release and to forward the wall certificate of licensure to the Commission, but shall be grounds for the filing with the Commission of a formal written complaint against the departing licensee.

(d)

Whenever a broker returns to the Commission a wall certificate of licensure of a licensee affiliated with the broker's firm, the certificate shall be accompanied by a release signed by both the broker or authorized associate broker and the licensee or by a signed statement that such a release has been signed by both parties. The licensee shall then transfer the license to another broker or apply to place the license on inactive status within one month of the Commission's receipt of the licensee's wall certificate of licensure. If a broker is releasing a licensee for reasons other than the licensee's request and is unable for any reason to obtain the licensee's signature on the release, the broker or authorized associate broker shall send to the Commission a copy of a letter from the broker or authorized associate broker mailed to the licensee's last known address indicating that the broker is returning the license to the Commission. The broker's letter to the licensee should state clearly that the licensee has one month from the Commission's receipt of the licensee's wall certificate of licensure to apply to transfer to another broker or to apply to place the license on inactive status.

(e)

Whenever a licensee decides to terminate an affiliation with a firm, such licensee may not have any contact with any of the firm's clients that the licensee is serving under a listing, a management agreement, or other brokerage engagement until the expiration of such a brokerage engagement, except as may be expressly approved in writing by the broker or qualifying broker of the firm that the licensee is leaving.

(f)

Applications for sponsoring broker forms and applications for transfer or release may be signed only by the broker or an associate broker if the broker permits the associate broker such authority in writing. Such written authority shall be permanently maintained by the broker.

(g)

Duplicate certificates of licensure and/or pocket cards shall be issued upon satisfactory proof of loss of the original.

See also O.C.G.A. §§ 43-40-2, 43-40-7, 43-40-11, 43-40-14, & 43-40-25.

(6)

Utilizing Support Personnel - Task Guidelines.

(a)

Whenever a firm or a licensee who is affiliated with a firm engages support personnel to assist the firm or the affiliated licensee in the conduct of the real estate brokerage business, both the firm and the affiliated licensee are responsible for the acts of the support personnel and for assuring that the support personnel comply with the requirements of this rule and the license law. Support personnel may not perform any real estate brokerage activities of a real estate licensee when engaged as support personnel and may perform only ministerial duties, those that do not require discretion or the exercise of the support personnel's own judgment.

(b)

Nothing in this rule shall prohibit an individual employed by a firm to assist in the management of property from undertaking those activities permitted by O.C.G.A. Section 43-40-29(10).

(c)

An individual actively licensed with one firm may work as support personnel for a different firm or for a licensee(s) of a different firm with the written consent of the broker of each firm. An individual whose license is on inactive status may work as support personnel for a firm or any affiliated licensee.

(d)

Any firm which employs (or engages under an independent contractor agreement) support personnel to assist such firm or an affiliated licensee of said firm in carrying out his or her real estate brokerage activities must:

1.

enter into a written agreement with the support personnel specifying the duties that the support personnel may undertake on behalf of the firm or an affiliated licensee of the firm and the tasks that support personnel are prohibited from performing on behalf of the firm or an affiliated licensee of the firm;

2.

if applicable, enter into a written agreement with the affiliated licensee authorizing the use of the support personnel, specifying the duties that the support personnel may undertake on behalf of the affiliated licensee of the firm and the tasks that support personnel are prohibited from performing, and approving any compensation arrangement the affiliated licensee has with the support personnel;

3.

if applicable, assure that the affiliated licensee of the firm and the support personnel have entered into a separate written agreement specifying the duties that the support personnel may undertake on behalf of the affiliated licensee of the firm, the tasks that support personnel are prohibited from performing, and the compensation arrangement the affiliated licensee has with the support personnel.

(e)

In order to provide reasonable guidelines for firms, affiliated licensees and support personnel, but without defining every permitted or prohibited activity, the Commission has identified the following tasks that support personnel may perform:

1.

answer the telephone and forward calls and emails to a licensee;

2.

submit data on listings to a multiple listing service;

3.

check on the status of loan commitments after a contract has been negotiated;

4.

assemble documents for closings;

5.

secure documents that are public information from a courthouse and other sources available to the public;

6.

have keys made for firm listings and install or remove lock boxes from firm listings;

7.

write advertisements and promotional materials for the approval of the firm and any affiliated licensee;

8.

place advertisements in the media as defined in Rule 520-1-.09(1)(b) and as directed by the firm;

9.

record, and deposit earnest money, security deposits, and rents;

10.

type contract forms as directed by the firm or affiliated licensee of the firm;

11.

monitor personnel files and license reports from the Commission;

12.

compute commission checks;

13.

place signs on real estate and remove such signs;

14.

order items of routine repair as directed by the firm or affiliated licensee;

15.

act as courier for such purposes as delivering documents or obtaining documents and keys;

16.

schedule appointments with an owner or an owner's agent in order for a licensee to show listed real estate;

17.

arrange dates and times for inspections;

18.

arrange dates and times for a mortgage application, a pre-closing walk through, or a closing;

19.

schedule an open house;

20.

accompany a licensee to an open house or a showing only for security purposes; or

21.

perform physical maintenance on real estate.

(f)

The Commission has identified the following tasks that support personnel shall not perform:

1.

make cold calls by telephone, in person, or through any media as defined in Rule 520-1-.09(1)(b) or otherwise contact the public for the purpose of securing prospects for listings, leasing, sales, exchanges, or property management of real estate;

2.

host open houses, kiosks, home show booths, or fairs;

3.

prepare promotional materials or advertisements without the review and approval of an affiliated licensee and firm;

4.

show real estate;

5.

answer any questions on title, financing, or closings (other than the time and place);

6.

answer any questions regarding a listing except for information on price and amenities expressly authorized in writing by the licensee;

7.

discuss or explain a contract, listing, lease, agreement, or other real estate document with anyone outside the firm;

8.

negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee;

9.

discuss the attributes or amenities of real estate, under any circumstances, with a prospective purchaser or lessee;

10.

discuss with the owner of real estate, the terms and conditions of the real estate offered for sale or lease;

11.

collect or hold deposit monies, rent, other monies or anything of value received from the owner of real estate or from a prospective purchaser or lessee; or

12.

provide owners of real estate or prospective purchasers or lessees with any advice, recommendations or suggestions as to the sale, purchase, exchange, or leasing of real estate that is listed, to be listed, or currently available for sale or lease.

(g)

Unlicensed support personnel or inactive licensed support personnel shall not hold themselves out in any manner, orally or in writing, as being actively licensed or affiliated with a particular firm or real estate broker as a licensee.

(7)

Sharing Commissions with Non-Resident Brokers. A licensed broker in this state is hereby permitted to divide or share a real estate commission with a licensed broker in another state. If a broker licensed in another licensing jurisdiction refers prospective clients or customers to a Georgia broker, the Georgia broker may pay a fee to such licensed broker. Such brokers who refer prospective clients or customers to a Georgia broker may not perform any of the other acts of a broker with regard to property located in this state unless they first obtain a nonresident's license or enter into a written agreement with a Georgia broker as permitted by O.C.G.A. Section 43-40-9.

See also O.C.G.A. §§ 43-40-2, 43-40-9, & 43-40-25.

Cite as Ga. Comp. R. & Regs. R. 520-1-.07

Authority: O.C.G.A. Secs. 43-40-2, 43-40-14, 43-40-25.

History. Original Rule entitled "Broker or Salesman Attempting to Act in Dual Capacity" adopted as ER. 520-1-0.1-.07. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Closing" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: New Rule entitled "Real Estate Brokers and Qualifying Brokers" adopted. F. Feb. 13, 1986; eff. Apr. 1, 1986, as specified by the Agency.

Amended: F. July 19, 1994; eff. August 8, 1994.

Repealed: New Rule entitled "Management Responsibilities of Real Estate Firms" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Oct 10, 2014; eff. November 1, 2014, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-1-.08 Managing Trust Accounts and Trust Funds

Ga. Comp. R. & Regs. r. 520-1-.08 Managing Trust Accounts and Trust Funds

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.08. Managing Trust Accounts and Trust Funds

(1)

The Designated Trust or Escrow Account.

(a)

Brokers may maintain more than one designated trust or escrow account. Brokers shall notify the Commission of the name of the financial institution in which each account is maintained and each account's name or number within one month of opening each account.

(b)

A licensee shall place all cash, checks, or other items of value received by the licensee in a brokerage capacity into the custody of the broker holding the licensee's license as soon after receipt as is practicably possible.

(c)

A licensee shall place all cash, checks, or other items of value received by the licensee when the licensee is acting in the capacity of principal in the sale of interests in real estate owned by such licensee and all security deposits received on property owned by the licensee into the custody of the broker holding the licensee's license or in a trust account approved by that broker as soon after receipt as is practicably possible.

(d)

Unless otherwise agreed to in writing by the party or parties at interest, the broker holding such cash or checks shall promptly deposit said funds in a federally insured account designated by the financial institution as a trust account and registered with the Commission and shall make appropriate arrangement for the safekeeping of any items of value received other than cash or checks. If the broker elects to deposit any funds into an interest-bearing trust account, the broker shall obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into that interest-bearing account prior to depositing those funds into such an account.

See also O.C.G.A. §§ 43-40-2, 43-40-20, 43-40-21, & 43-40-25.

(e)

A broker may maintain the broker's own funds in a designated trust or escrow account only when they are clearly identified as the broker's deposit and only for the following purposes:

1.

If the financial institution in which the account is maintained designates a specific minimum balance that must be maintained in order to keep the account open, the broker may maintain that amount in the account designated as the broker's funds.

2.

If the financial institution in which the account is maintained requires a service charge be paid for the account, the broker may maintain in the account in the broker's name a reasonable amount to cover that service charge. The broker may also maintain in the account in the broker's name a reasonable amount sufficient to cover other occasional financial institution charges and costs of maintaining the account including but not limited to charges for blank checks and deposit slips and fees for return of deposited checks which fail to clear.

3.

A broker may allow commissions due the broker that are being paid from funds of others held in the broker's designated trust or escrow account to remain in the account provided that:

(i)

the broker's accounting system for trust or escrow accounts designates those commissions as the broker's funds and properly accounts for them and

(ii)

each month the broker removes from the account any of the broker's funds that exceed the minimum necessary to comply with subparagraph (a) or (b) above.

4.

Only checks made payable to the broker may be used to withdraw monies designated as the broker's funds from the designated trust or escrow account.

(2)

Accounting Requirements.

(a)

Every broker required by O.C.G.A. Section 43-40-22 to maintain a trust or escrow account shall maintain an accounting system in which each trust or escrow deposit is detailed in the following manner:

1.

Names of buyer and seller or tenant and landlord or member and community association or broker.

2.

Amount and date of deposit.

3.

Identification of property involved.

4.

The amount, payee and date of each check drawn on the escrow account in connection with that deposit.

(b)

Licensees may meet the accounting requirements of this or any other Commission rule with either manual or electronic accounting systems as the efficiency of the firm's business operations dictate. However, whether a manual or electronic, the accounting system must:

1.

include all the components required by law and sound business practices,

2.

be readily accessible,

3.

be in a readily understandable format, and

4.

be reasonably available to any authorized representative of the Commission.

(3)

Disbursements.

(a)

A broker who disburses trust funds from the broker's designated trust or escrow account contrary to the terms of a contract for the sale or rental of real estate, or other contract creating the escrow, or who fails to disburse trust funds according to the terms of any contract creating the escrow, will be considered by the Commission to have demonstrated incompetence to act as a real estate broker in such manner as to safeguard the interest of the public.

(b)

A broker who disburses trust funds from a designated trust account under the following circumstances shall be deemed by the Commission to have fulfilled properly the broker's duty to account for and remit money which the broker is required to maintain and deposit in a designated trust account:

1.

upon the rejection of an offer to buy, sell, rent, lease, exchange, or option real estate;

2.

upon the withdrawal of an offer not yet accepted to buy, sell, rent, lease, exchange, or option real estate;

3.

at the closing of the transaction;

4.

upon securing a written agreement which is signed by all parties having an interest in the trust funds and is separate from the contract which directs the broker to hold the funds;

5.

upon the filing of an interpleader action in a court of competent jurisdiction;

6.

upon the order of a court of competent jurisdiction; or

7.

upon a reasonable interpretation of the contract which directed the broker to deposit the funds.

(c)

A broker shall not disburse funds from a designated trust account as provided in paragraph (b) until the broker has reasonable assurance that the financial institution has credited the funds to the broker's trust account. When a broker makes a disbursal to which all parties to the contract do not expressly agree, the broker must immediately notify all parties in writing of the disbursal.

(d)

A broker who claims any part of the earnest money or other money paid to the broker in connection with any real estate transaction as part or all of the broker's commission or fee shall be deemed by the Commission to have complied with O.C.G.A. Section 43-40-20(e) if:

1.

in a sales transaction, the transaction has closed or the date of closing specified in the sales agreement and any extensions of that date have passed;

2.

in a lease or rental transaction, possession has been delivered to the tenant;

3.

in a lease/purchase transaction, the sales transaction has closed or the date of closing specified in the sales agreement and any extensions thereof have passed; or 4. the broker has secured a written agreement, separate from the sales contract or lease agreement, signed by all parties having an interest in the transaction who have agreed that the broker is entitled to any commission.

(e)

All refunds of earnest money must be paid by check or credited at the closing of a transaction.

See also O.C.G.A. §§ 43-40-2, 43-40-20, 43-40-21, & 43-40-25.

(f)

The total of all checks written against each deposit should reflect a zero balance in the designated escrow or trust account relating to the closing of each individual transaction except when a portion of the deposit is transferred to the broker's name for the purpose of satisfying a commission. When such a transfer is made, the total of that transfer and all checks written against that deposit should reflect a zero balance.

(g)

If a licensee who owns a designated trust account files a bankruptcy petition, such licensee shall immediately notify the Commission in writing of the filing of that petition. If a qualifying broker or the firm that a licensee serves as qualifying broker files a bankruptcy petition, such qualifying broker shall immediately notify the Commission in writing of the filing of that petition.

See also O.C.G.A. §§ 43-40-2, 43-40-7, & 43-40-25.

(4)

Trust Accounts for Property Management or Association Management. Brokers who manage real property or community associations may maintain designated rental or assessment trust or escrow accounts separate from their other trust or escrow accounts.

(a)

In paying bills on behalf of an owner or an association from any designated rental or assessment escrow or trust account, there must be enough money credited and deposited to the owner's or the association's account to cover said bill.

(b)

Security deposits, if kept in a designated rental trust or escrow account, must be clearly identified and credited to the tenant and there must always be a balance in the account equal to the total of said security deposits.

(c)

A licensee who manages rental property which the licensee owns must maintain any security deposits collected in a designated trust account and may not post a bond in lieu of maintaining such security deposits in a designated trust account.

(5)

Examination of Trust Accounts by the Commission. O.C.G.A. Section 43-40-20 provides that each broker required to maintain a designated trust or escrow account shall authorize the Commission to have that designated trust or escrow account(s) examined by a duly authorized representative of the Commission during each renewal period or at such other time as the Commission may direct upon reasonable cause.

(a)

With regard to the members of the Commission who are required to maintain such designated trust accounts, this examination may be done either:

1.

by the Commission member's engaging and paying a Certified Public Accountant to examine the broker's designated trust account or accounts to determine that that account is maintained in accordance with this rule and any other applicable rules, regulations, or statutes; or

2.

by the Real Estate Commissioner's engaging the services of an independent accountant to examine a member's designated trust account or accounts to determine that the account is maintained in accordance with this rule and any other applicable rules, regulations, or statutes.

(b)

Upon being contacted by the Commission's staff for purposes of conducting an examination of a trust account or accounts, a broker may elect to provide the Commission with a report on the broker's designated trust account(s) from a Certified Public Accountant in lieu of an examination by a duly authorized representative of the Commission. The Commission, in its discretion, may elect not to accept such a report and conduct its own examination. The report of the Certified Public Accountant must take the following form:

(Date)

I, _, a Certified Public Accountant, have this date examined the real estate brokerage trust accounts of __ for the time period of _ to _ and find the handling of funds in these accounts to be in compliance with O.C.G.A. Sections 43-40-20 and 43-40-25(a)(3),(4),(5), and (23) and Rules 520-1-.26, 520-1-.30, and 520-1-.34 of the Georgia Real Estate Commission. (Attach a statement explaining items, if any, which do not appear to be in compliance.) Said firm maintains the following real estate brokerage trust accounts:

(list account numbers and financial institution names)

Certificate Number Signature of Certified Public Accountant

Affirmed by Broker

(c)

Copies of accounting system entries for trust or escrow accounts, financial institution deposits, financial institution statements, receipts and other documents related to designated trust or escrow accounts shall be made available to authorized agents of the Commission upon reasonable request and at a reasonable cost to the Commission.

(6)

Monthly Reconciliation of Trust Accounts. A broker required to maintain a trust or escrow account shall cause to be made, at least monthly, a written reconciliation statement comparing the broker's total trust liability with the reconciled financial institution balance(s) of the broker's trust account(s). The broker's trust liability is the sum total of all deposits received, required by contract to deposit, and being held by the broker at any point in time.

(a)

The minimum information to be included in the monthly reconciliation statement shall be the date the reconciliation was undertaken, the date used to reconcile the balances, the name of the financial institution(s), the name(s) of the account(s), the account number(s), the account balance(s) and date(s), any deposit(s) in transit, the amounts of any outstanding check(s) identified by date and check number, an itemization of the broker's outstanding trust liability showing the amount and source of funds received and not yet disbursed, and other items necessary to reconcile the financial institution account balance(s) with the balance in the broker's checkbook(s) and with the amount of the broker's trust liability. The broker shall review the monthly reconciliation statement and maintain copies in the broker's files for a period of three years.

(b)

Whenever the trust liability and the financial institution balances do not agree, the reconciliation statement shall contain a description or explanation for the difference(s) and any corrective action(s) taken with reference to shortages or overages of funds in the account(s). Whenever a trust financial institution account record reflects a service charge or fee for a non-sufficient check being returned or whenever an account has a negative balance, the reconciliation statement shall disclose the cause(s) of the returned check or negative balance and the corrective action(s) taken.

(7)

Renewal Trust Account Examination. When renewing a broker's license, a broker shall submit, along with the renewal application:

(a)

a summary of data on the broker's trust account(s) on a form prepared by or approved by the Commission or

(b)

a report on the broker's designated trust account(s) from a Certified Public Accountant. The report of the Certified Public Accountant must take the form provided for in paragraph (10) of this Rule.

(8)

Abandoned Funds in a Trust Account. Whenever a real estate licensee believes that a person who placed trust funds in the licensee's care has abandoned those funds, the licensee may not disburse those funds from a trust account unless:

(a)

the licensee's written authorization to hold those funds requires a particular disbursal;

(b)

the licensee has complied with the requirements of the Disposition of Unclaimed Property Act, O.C.G.A. Section 44-12-191, et seq.; or

(c)

the licensee has complied with such other statutory or court ordered requirements as may be appropriate to the circumstances.

See also O.C.G.A. §§ 3-40-2, 43-40-20, 43-40-21, & 43-40-25.

(9)

Trust Account Requirements for Non-Broker Licensee Owned Property. O.C.G.A. Section 43-40-20(h) authorizes a non-broker licensee to open a trust account for the deposit of trust funds received on properties the non-broker licensee owns if the broker holding the non-broker licensee's license approves the opening of such an account and if the non-broker licensee provides the broker with regular reports accounting for the funds in such an account. The Commission shall deem a property "owned by a licensee" if the deed for such property reflects either (a) only the name of the licensee or (b) only the name of a business entity of which the licensee is the sole owner, member, or stockholder. Whenever a licensee (a) owns any interest in a property that is less than one hundred percent and (b) receives any trust funds on such property, such licensee must deposit those trust funds into the trust account of a firm licensed under this chapter.

Cite as Ga. Comp. R. & Regs. R. 520-1-.08

Authority: O.C.G.A. §§ 43-40-2, 43-40-25.

History. Original Rule entitled "Improper Use of Form Sales Contracts, Etc. Prohibited" adopted as ER. 520-1-0.1-.08. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Broker or Salesman Attempting to Act in Dual Capacity" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule entitled "Licensees Attempting to Act in Dual Capacity" adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "Disclosure of Agency Relationships" adopted. F. Jan. 15, 1987; eff. July 1, 1987, as specified by the Agency.

Amended: Rule retitled "Disclosure of Relationship". F. Apr. 7, 1994; eff. Apr. 27, 1994.

Repealed: New Rule entitled "Managing Trust Accounts and Trust Funds" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Mar. 12, 2009; eff. Apr. 1, 2009.

Amended: F. May 18, 2016; eff. June 1, 2016, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-1-.09 Advertising

Ga. Comp. R. & Regs. r. 520-1-.09 Advertising

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.09. Advertising

(1)

Definitions.

(a)

Advertising or Advertisement.For the purposes of this Rule, the term "advertising" or "advertisement" means any manner, method, or activity by which a licensee through the use of any media makes known to the general public real estate for sale, rent, lease, or exchange.

(b)

Media. For the purposes of this Rule, the term "media" includes, but is not limited to, print, photographs, broadcast, and the Internet including, but not limited to, such examples as newspapers, magazines, flyers, posters, business cards, billboards, radio, videos, television, signs (including office, directional,"for sale," "for lease," "sold," or vehicle signs), newsletters, voicemail, email, facsimile transmissions, Internet websites, blogs, video blogs, property listing database services, email farming, news groups, discussion lists, bulletin boards, social networking/social media, instant text messages, multimedia advertising, banner ads, pop-ups, and similar media.

(2)

Misleading Advertising. Any advertising that is misleading or inaccurate in any material fact or in any way misrepresents any real estate is prohibited. Whenever a licensee becomes aware that a principal with whom the licensee's firm has a brokerage engagement is advertising to sell, buy, rent, lease, or exchange real estate in such a manner that is inconsistent with this rule, the licensee must immediately take steps to stop the advertising until it complies with this rule.

(2.1)

Advertising by Affiliated Licensees. All advertising by associate brokers, salespersons, and community association managers must be under the direct supervision of their broker and in the name of their firm.

(3)

Written Permission to Advertise. A licensee shall not advertise any real estate for sale, rent, lease, or exchange unless the licensee has first secured the written permission of the owner, the owner's authorized agent, or the owner of a leasehold estate. When such permission is granted, a licensee advertising real estate that is listed with another firm shall clearly and conspicuously disclose that fact and the name of the listing firm unless the listing firm has expressly agreed in writing to waive those clear and conspicuous disclosures.

(4)

Discriminatory Advertising Prohibited. A licensee shall not advertise to sell, buy, exchange, rent, or lease real estate when such advertisement is directed at or referred to persons of a particular race, color, religion, sex, handicap, familial status, or national origin. The contents of any advertisement must be confined to information relative to the real estate itself, and any advertisement that is directed at or referred to persons of any particular race, color, religion, sex, handicap, familial status, or national origin is prohibited.

(5)

Internet Advertising. In addition to the unfair trade practices found in O.C.G.A. § 43-40-25(b)(1),(2),(11),(12) and (21) or any other requirements found in this Rule, any advertising on the Internet by a licensee of real estate for sale, rent, lease, or exchange shall disclose the name and telephone number of the licensee's firm on every viewable web page of a website except as herein otherwise provided.

(a)

When advertising in electronic messages of limited information or characters, a license shall provide a direct link to a display that is in compliance with this Rule.

(b)

When advertising real estate for sale, rent, lease or exchange on an internet website not owned or controlled by the licensee or firm with which the licensee is affiliated and that website's terms of use limit the licensee's ability to comply with this paragraph, the advertising shall provide a direct link to a display that is in compliance with this Rule on every viewable webpage of the website.

(c)

Information on a website maintained by a licensee that is outdated shall be updated or removed from the website within thirty (30) days of the information becoming outdated.

(d)

If a licensee's website is maintained by an authorized third party (other than its firm or its franchisor's webmaster), the licensee shall provide to the third party, a timely written notice, by mail, fax, or electronic means, of any updates to outdated information or information to be removed from the website, so that such updates or information removal may be accomplished in accordance with this Rule. A licensee who provides such timely notice shall not be in violation of this Rule if the third party fails to effect an information change as notified.

(e)

The requirements of this Rule apply to advertising and information on a website that is within the licensee's ownership or direct control. No licensee shall be responsible for any information taken from the licensee's website, or other advertising, if placed on a website, or in other advertising outside the licensee's ownership and/or direct control and without the licensee's consent.

(6)

Trade Names and Franchise Names. For purposes of this rule the term trade name shall include trade mark and service mark; and the term advertising shall include, but is not limited to, advertising done by others on behalf of the licensee.

(a)

Any firm using a trade name or any franchisee in advertising specific real estate for sale in any media shall clearly and unmistakably include the firm's name as registered with the Commission in a manner reasonably calculated to attract the attention of the public. The firm's name shall appear adjacent to any specific real estate the firm advertises for sale so that the public may unmistakably identify the firm listing the specific real estate. In advertising real estate for sale, rent, or exchange, the name of the firm offering the real estate for sale, rent, or exchange shall appear in equal or greater size, prominence, and frequency than the name or names of any affiliated licensees or groups of licensees.

(b)

Any firm using a trade name or any franchisee shall clearly include the firm's name as registered with the Commission on any contracts or other documents relating to a real estate transaction.

(c)

Any firm using a trade name or any franchisee shall clearly include the firm's name as registered with the Commission on office signs.

(7)

Firm Names and Telephone Numbers in Advertising. In advertising specific real estate for sale, rent, or exchange in any media:

(a)

firms must include in the advertisement a name of the firm as registered with the Commission and a telephone number for the firm, except when complying with lawful restrictions (such as covenants or local governmental ordinances) that forbid the use of the firm's name on a particular type of sign;

(b)

the name of the firm advertising the real estate for sale, rent, or exchange shall appear in equal or greater size, prominence, and frequency than the name or names of any affiliated licensees or groups of licensees;

(c)

the firm's telephone number shall appear in equal or greater size, prominence, and frequency than the telephone number of any affiliated licensee or groups of licensees, and it must be a number at which the public can reach a broker or a manager of the firm without going through the affiliated licensee(s) listed in the advertisement;

(d)

whether contained in a logo or standing alone, the name of the firm must be in equal or greater size, prominence, and frequency than the name of any affiliated licensee or group of licensees; and

(e)

a block advertisement in any print media that advertises various listings of a firm and includes the name of the listing agent next to each listing shall be in compliance with this rule if the name of the firm appears only once at the top of the advertisement in equal or greater prominence and print size than any of the listing agent's names. The firm's name may be located in other positions in such block advertisements if the firm name appears clearly larger and more prominently than the name of any other licensee in the advertisement.

(8)

Licensees Advertising as Principals. A licensee shall not advertise to sell, buy, exchange, rent, or lease real estate in a manner indicating that the offer to sell, buy, exchange, rent, or lease such real estate is being made by a private party not licensed by the Commission.

Every associate broker, salesperson, and community association manager is prohibited from advertising under the licensee's individual name to buy any real estate or offer for sale, rent, or lease any real estate. All advertising by associate brokers, salespersons, and community association managers must be under the direct supervision of their broker and in the name of their firm. However, when a licensee wishes to advertise real estate owned by the licensee and which is not under a brokerage engagement, the licensee may do so provided:

1.

if the licensee's license is affiliated with a firm, the broker holding the licensee's license has been notified in writing of the specific real estate to be advertised;

2.

if the licensee's license is affiliated with a firm, the broker gives written consent to advertising the specific real estate and approves the advertisement itself; and

3.

regardless of whether the licensee's license is affiliated with a firm or on inactive status, any advertisement must include either (a) the legend "seller, buyer, landlord, tenant (select the appropriate name) holds a real estate license" or (b) the legend "Georgia Real Estate License # (insert licensee's six digit number; for example,000001)." "Georgia Real Estate License" may be abbreviated to "GA R. E. Lic.."

(9)

Licensees Advertising Approved Schools. A licensee shall not advertise that such licensee offers, sponsors, or conducts Commission approved courses or that such licensee offers, sponsors, or conducts Commission approved courses in conjunction with an approved school or other approved organization unless the licensee is approved by the Commission to offer such courses.

(10)

Notwithstanding any other provision of this Rule, a licensee shall make every reasonable attempt in advertising to assure the public knows that they are being contacted by a licensee.

Cite as Ga. Comp. R. & Regs. R. 520-1-.09

Authority: O.C.G.A. Secs. 43-40-2, 43-40-3, 43-40-7, 43-40-12, 43-40-14, 43-40-16, 43-40-19, 43-40-20, 43-40-27, 43-40-27.1.

History. Original Rule entitled "Business Name" adopted as ER. 520-1-0.1-.09. F. and eff. July 12, 1973.

Amended: Permanent Rule entitled "Improper Use of Form Sale Contracts, Etc. Prohibited" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: F. May 8, 1981; eff. June 1, 1981, as specified by the Agency.

Amended: New Rule entitled "Application" adopted. F. Nov. 8, 1984; eff. Dec. 1, 1984, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Aug. 11, 1989; eff. Sept. 1, 1989, as specified by the Agency.

Amended: F. July 16, 1992; eff. August 5, 1992.

Amended: F. July 19, 1993; eff. August 8, 1993.

Amended: F. July 19, 1994, eff. August 8, 1994.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. Dec. 10, 1999; eff. Dec. 30, 1999.

Amended: F. Jan. 23, 2002; eff. July 1, 2002, as specified by the Agency.

Repealed: New Rule entitled "Advertising" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Sept. 21, 2004; eff. Oct. 11, 2004.

Amended: F. Dec. 8, 2004; eff. Dec. 28, 2004.

Amended: F. Mar. 9, 2005; eff. Mar. 29, 2005.

Amended: F. June 8, 2005; eff. June 28, 2005.

Amended: F. Apr. 7, 2014; eff. May 1, 2014, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-1-.10 Handling Real Estate Transactions

Ga. Comp. R. & Regs. r. 520-1-.10 Handling Real Estate Transactions

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.10. Handling Real Estate Transactions

(1)

PresentingOffers. A licensee shall promptly tender to any customer or client any signed offer to purchase, sell, lease, or exchange property made to such client or customer. In a transaction in which the offeror is not a client or customer of the licensee, the licensee receiving an offer must provide a copy of the offer to the licensee working with or representing the offeree. However, a licensee who obtains an offer may negotiate a sale, exchange, or lease directly with an owner, a lessor, a purchaser, or a tenant if the licensee who obtains the offer knows that such offeree has a written outstanding agreement in connection with such property that expressly provides the other licensee will not provide negotiation services to the offeree.

(2)

License Numbers in Offers. A licensee preparing or signing a brokerage engagement or an offer to purchase, sell, lease, or exchange real property shall include the license number issued by the Commission of each firm and of each licensee participating in the transaction. The licensee shall include the six digit license number issued by the Commission.

(3)

Responsibility to Distribute Copies. A licensee shall provide a copy of any document utilized in a real estate transaction to any individual signing such document. If any offer to purchase, sell, lease, or exchange is accepted and signed by all parties, copies of that document shall be properly distributed, one to each person signing the document and one to each brokerage firm involved in the transaction.

(4)

Retention of Copies of Records and Documents. Copies of sales contracts, brokerage engagements, closing statements, leases, and other documents related to a real estate transaction required by law to be maintained in a broker's file for three years shall be made available to authorized agents of the Commission upon reasonable request and at a reasonable cost to the Commission. Brokers that must keep copies of the documents cited in this paragraph include:

(a)

any broker identified in a sales contract, brokerage engagement, closing statement, lease, or other document related to a real estate transaction;

(b)

any broker firm that participates in the negotiations involving a sales contract, brokerage engagement, lease, or other contractual document related to a real estate transaction; and

(c)

any broker required by O.C.G.A. Section 43-40-20 to maintain a trust account.

Copies of documents and other records which licensees are required by law and the Commission's rules to maintain may be maintained in any records storage system that utilizes paper, film, electronic, or other media provided that:

(a)

the licensee can produce true and correct copies of such documents and recordsand

(b)

copies of such documents and records can be made available to an authorized representative of the Commission upon reasonable request and at reasonable cost to the Commission.

(5)

Falsification of Transaction Documents and Misleading Representations Prohibited. No licensee shall falsify or be a party to the falsification of a document involved in a real estate transaction or knowingly represent, either verbally or in writing, to a principal or any interested third party:

(a)

an amount other than the true and actual sales, lease, or exchange price;

(b)

an amount other than the true and actual downpayment;

(c)

an amount other than the true and actual earnest money, security deposit, or other trust funds or that such trust funds have been tendered in any form other than its true and actual form;

(d)

a payment of trust funds in cash when in fact some other method of such is made; or

(e)

an artifice, contrivance, or machination with the intent to deceive.

Any or all such practices shall constitute a misrepresentation.

(6)

Disclosure of Commissions, Fees, Rebates, or Other Valuable Consideration.

(a)

The disclosures required by O.C.G.A. § 43-40-25(b)(6) from a licensee to a principal may be made in advance of the payment or receipt of a commission, fee, rebate or thing of value to a licensee based upon pre-established terms set forth in a brokerage agreement, a brokerage engagement agreement, management agreement or other written agreement.

(b)

In a transaction where a licensee refers a principal to another broker for brokerage or relocation services (and the broker to whom the principal is referred knows of the referral and the referring licensee's expectation of receiving a commission, fee or other thing of value for the referral), the payment of a commission, fee or other thing of value to the referring licensee by the broker working with the principal shall be disclosed in writing to the principal by the broker to whom the referral was made no later than at the closing of the purchase, sale, exchange, or lease, of any property in a transaction where a commission, fee or other thing of value will be paid by the broker to the referring licensee.

(c)

The disclosures required in O.C.G.A. § 43-40-25(b)(6)(c) shall be in addition to any requirements of federal law pertaining to the payment or receipt of anything of value for the referral of any service or product in a real estate transaction.

(d)

For the purposes of O.C.G.A. § 43-40-25(b)(6), the term "licensee's principal" shall, in the specific real estate transaction for which disclosure is required, mean both the client of the broker and a customer of the broker if the customer is working primarily with the broker and is not being represented by another broker in the transaction.

(e)

A licensee may rebate to a principal any part of a commission, fee, or other compensation received by the licensee related to the purchase, sale, lease or exchange of real estate as long as said rebate is disclosed on the closing statement for that transaction and as long as the rebate does not mislead any other licensee, other principal, lender, title company or government agency involved in the transaction regarding the source of funds to complete the transaction or regarding the financial resources or obligations of a buyer principal.

Notwithstanding anything to the contrary above, no disclosure is required for gifts, products, services, or other things of value given to a principal by a licensee provided that they are not contingent upon the purchase, sale, lease or exchange of real estate for that transaction.

Cite as Ga. Comp. R. & Regs. R. 520-1-.10

Authority: O.C.G.A. Secs. 43-40-2, 43-40-7, 43-40-8, 43-40-11, 43-40-14, 43-40-25.

History. Original Rule entitled "Salesman" adopted as ER. 520-1-0.1-.10. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Business Name" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: F. Feb. 14, 1977; eff. Mar. 6, 1977.

Repealed: New Rule of same title adopted. F. Apr. 16, 1979; eff. May 6, 1979.

Amended: F. Nov. 16, 1979; eff. Dec. 6, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. July 19, 1994; eff. August 8, 1994.

Repealed: New Rule entitled "Handling Real Estate Transactions" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Sept. 21, 2004; eff. Oct. 11, 2004.

Amended: F. Jan. 14, 2005; eff. Feb. 3, 2005.

Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended: F. Oct. 16, 2009; eff. Nov. 5, 2009.

Amended: F. May 10, 2012; eff. May 30, 2012.

Ga. Comp. R. & Regs. r. 520-1-.11 Licensees Acting as Principals

Ga. Comp. R. & Regs. r. 520-1-.11 Licensees Acting as Principals

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.11. Licensees Acting as Principals

(1)

Written Notification to Broker. No licensee shall be permitted to list, sell, buy, exchange, rent, lease, or option or offer to list, sell, buy, exchange, rent, lease, or option real estate, either in individual or multiple parcels, in the licensee's own name or in the name of any other firm or entity in which the licensee is an officer, employee, beneficiary, or member of such firm or other entity acting as principal without first advising, in writing, the broker for whom the real estate licensee is acting.

(2)

Offers to Buy Associated with a Brokerage Relationship. Whenever a licensee offers to purchase a property as a condition to obtaining a brokerage engagement to sell, lease, or exchange or on which the licensee is extending the expiration date of an existing brokerage engagement, the licensee must enter into a written contract to purchase which expresses all the terms and conditions of the licensee's purchase prior to or at the time of entering into the proposed brokerage engagement or into the extension of the existing brokerage engagement. Whenever a licensee offers to purchase a property in order to enable a party to purchase, sell, lease, or exchange another property, the licensee must enter into a written contract to purchase which expresses all the terms and conditions of the licensee's purchase prior to or at the time of the other party's entering into a contract to purchase, sell, lease, or exchange the new property.

(3)

Licensees Advertising as Principals. Licensees advertising to buy, sell, or exchange real property for their own accounts must comply with the advertising requirements of Rule 520-1-.09.

Cite as Ga. Comp. R. & Regs. R. 520-1-.11

Authority: O.C.G.A. Secs. 43-40-1, 43-40-2, 43-40-7, 43-40-11, 43-40-25.

History. Original Rule entitled "Licensee's Duties Upon Surrender, Suspension, or Revocation of License" adopted as ER. 520-1-0.1-.11. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Salesman" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule entitled "Salesperson" adopted. F. Feb. 14, 1977; eff. Mar. 6, 1977.

Repealed: New Rule entitled "Associate Broker and Salesperson" adopted. F. Apr. 16, 1979; eff. May 6, 1979.

Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Nov. 13, 1986; eff. Jan. 1, 1987, as specified by the Agency.

Amended: F. Apr. 17, 1990; eff. May 7, 1990.

Amended: F. Sept. 10, 1993; eff. Sept. 30, 1993.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. July 19, 1994; eff. August 8, 1994.

Amended: Rule retitled "Associate Broker, Salesperson and Community Association Manager". F. June 14, 1996; eff. July 4, 1996.

Amended: F. Feb. 21, 1997; eff. Mar. 13, 1997.

Repealed: New Rule entitled "Licensees Acting as Principals" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Sept. 21, 2004; eff. Oct. 11, 2004.

Amended: F. Mar. 9, 2005; eff. Mar. 29, 2005.

Amended: F. Dec. 19, 2005; eff. Jan. 8, 2006.

Ga. Comp. R. & Regs. r. 520-1-.12 Business Brokerage

Ga. Comp. R. & Regs. r. 520-1-.12 Business Brokerage

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.12. Business Brokerage

Unless otherwise excepted from licensure requirements by O.C.G.A. Section 43-40-29, a person who brokers the sale of a business must hold an appropriate license issued by the Commission if the sale of the business involves the transfer of any interest (including, but not limited to, leasehold or ownership interest) in real property. A business broker and any of the business broker's associates who do not hold licenses issued by the Commission may not negotiate or attempt to negotiate or assist in procuring prospects for the sale of a business where:

(a)

that sale involves the transfer of any interest in real property, or

(b)

where the payment of all or part of a commission or fee to the business broker or any of the business broker's associates in the sale of a business is contingent upon the transfer of an interest in real estate.

An unlicensed broker may not perform or attempt to perform the acts in the preceding sentence and then secure a person licensed by the Commission to approve that transaction.

See also O.C.G.A. §§ 43-40-1; 43-40-2; 43-40-29; and 43-40-30.

Cite as Ga. Comp. R. & Regs. R. 520-1-.12

Authority: O.C.G.A. Secs. 43-40-2, 43-40-14.

History. Original Rule entitled "Examinations" adopted as ER. 520-1-0.1-.12. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Licensee's Duties Upon Surrender, Suspension, or Revocation of License" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule of same title adopted. F. June 4, 1980; eff. July 1, 1980, as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "Business Brokerage" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.13 Fair Housing

Ga. Comp. R. & Regs. r. 520-1-.13 Fair Housing

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.13. Fair Housing

(1)

Prohibited Representations. No licensee or agent or employee of a licensee shall represent, explicitly or implicitly, for the purpose of inducing or discouraging the purchase, sale, or rental of any real property or the listing for purchase, sale, or rental of any real property:

(a)

that a change has occurred or will or may occur in the composition of any block, neighborhood or area based upon race, color, religion, sex, handicap, familial status, or national origin;

(b)

that the presence of persons of any particular race, color, religion, sex, handicap, familial status, or national origin in an area will or may result in the following:

1.

a lowering of property values in the neighborhood;

2.

a material change in the composition of the area based upon race, color, religion, sex, handicap, familial status, or national origin;

3.

an increase in criminal or antisocial behavior in the area; or

4.

a decline in the quality of the schools serving the area.

See also O.C.G.A. §§ 43-40-2, 43-40-15, & 43-40-25.

(2)

Discrimination Prohibited. No licensee or employee or agent of any licensee shall:

(a)

Refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person because of such person's race, color, religion, sex, handicap, familial status, or national origin; or

(b)

Discriminate against a person because of such person's race, color, religion, sex, handicap, familial status, or national origin in the terms of the sale, purchase, rental or lease of any housing accommodations, or in the furnishing of facilities or services in connection therewith; or

(c)

Refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation, from or to a person because of such person's race, color, religion, sex, handicap, familial status, or national origin; or

(d)

Refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of such person's race, color, religion, sex, handicap, familial status, or national origin; or

(e)

Represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental, or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodations, because of such person's race, color, religion, sex, handicap, familial status, or national origin.

See also O.C.G.A. §§ 43-40-2, 43-40-15, & 43-40-25.

Cite as Ga. Comp. R. & Regs. R. 520-1-.13

Authority: O.C.G.A. Secs. 43-40-2, 43-40-7, 43-40-9, 43-40-13, 43-40-14, 43-40-25.

History. Original Rule entitled "Recommending Broker" adopted as ER. 520-1-0.1-.13. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Examinations" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: F. May 31, 1974; eff. June 20, 1974.

Amended: F. Aug. 18, 1977; eff. Sept. 7, 1977.

Amended: F. June 13, 1979; eff. July 3, 1979.

Amended: F. Sept. 14, 1979; eff. Oct. 4, 1979.

Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Amended: F. June 10, 1982; eff. July 1, 1982, as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Feb. 10, 1983; eff. Mar. 3, 1983, as specified by the Agency.

Amended: F. May 5, 1983; eff. July 1, 1983, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Sept. 5, 1985; eff. Oct. 1, 1985, as specified by the Agency.

Amended: F. May 13, 1987; eff. July 1, 1987, as specified by the Agency.

Amended: F. Aug. 13, 1987; eff. Sept. 2, 1987.

Amended: F. Oct. 16, 1992; eff. Nov. 5, 1992.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. May 5, 1997; eff. May 25, 1997.

Repealed: New Rule entitled "Fair Housing" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.14 Citations

Ga. Comp. R. & Regs. r. 520-1-.14 Citations

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.14. Citations

(1)

Imposition of Penalties. Whenever the Commission determines from the evidence gathered in an investigation that a licensee has violated one or more of the provisions of O.C.G.A. Chapter 43-40 or the rules and regulations adopted by the Commission or has committed an unfair trade practice, the Commission, in its discretion, may (a) initiate the process for the imposition of sanctions in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50; or (b) issue a citation to the licensee in lieu of initiating the process for the imposition of sanctions. A citation issued by the Commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's designated trust account; and/or to pay a fine not to exceed $1,000.00 for each violation, with fines for multiple violations limited to $5,000.00 in any one citation.

(2)

Approved Education. The Commission may elect to require successful completion of approved continuing education or post license education courses in addition to or in lieu of the financial penalties cited in paragraph (3) below.

(3)

Schedule of Violations and Penalties. Violation of the following rules, regulations, and unfair trade practices may become the basis for the issuance of a citation. While the Commission may determine that circumstances warrant the imposition of a lesser penalty, the monetary penalties prescribed constitute the maximum penalty for a single violation of the cited rule, regulation, or unfair trade practice. In the event of any conflict between the description of a violation in the schedule below and the language in the code section or rule, the language in the code section or rule shall control.

(a)

Failure of a community association manager, salesperson, or associate broker to turn over trust funds to the broker as soon as practicably possible. 43-40-25(b)(23) & 520-1-.08. Fine of $500.00.

(b)

Failure of a licensee to include financing terms in a sales contract having a financing contingency. 43-40-25.1. Fine of $500.00.

(c)

Failure of a licensee to provide a copy of any document used in a real estate transaction to any individual signing such document. 43-40-25(b)(19), 520-1-.06(1) & (2), & 520-1-.10(2). Fine of $500.00.

(d)

Where a Commission examination of a brokerage firm's operations reveals a violation of requirements set forth in 43-40-11, 43-40-18, 43-40-25.1, 520-1-.06, 520-1-.07, & 520-1-.08(5)(c). Fine of $500.00.

(e)

Where an examination of an approved school reveals a violation of requirements set forth in Chapter 520 of the Rules of the Commission. Fine of $100.00.

(f)

Failure of a licensee to present promptly a signed offer to a seller or failure to deliver copies of an accepted contract to the parties within a reasonable time. 43-40-25(b)(19) & 520-1-.07. Fine of $600.00.

(g)

Conducting business under a name other than that which is registered with the GREC. 520-1-.07. Fine of $600.00.

(h)

Where a Commission examination of a brokerage firm's operations reveals a trust account violation. 43-40-20 & 520-1-.08. Fine of $600.00.

(i)

Failure of a community association manager, a salesperson, or an associate broker to notify the broker of personal real estate activities. 520-1-.11. Fine of $600.00.

(j)

Failure of a licensee to include the correct amount of earnest money, security deposit, or terms in a sales or lease contract. 43-40-25.1. Fine of $600.00.

(k)

Where an approved school violates the requirements set forth in the Rules of the Commission developing or offering computer-based courses. Fine of $200.00.

(l)

Where a licensee pays a commission or a referral fee for performing a real estate brokerage activity to a person who does not hold a current, active real estate license in this or some other state except as provided in 43-40-25(b)(17). Fine of $600.00.

(m)

Advertising that violates a provision of 43-40-25(b)(11) or 520-1-.09(3),(5), or (6); but is not discriminatory or intentionally misleading or inaccurate in violation of 43-40-25(b)(1) or (2) or 520-1-.09(2) or (4). Fine of $600.00.

(n)

Failure of a licensee to register with the GREC an account into which trust funds have been deposited. 43-40-20(b) & 520-1-.08(1). Fine of $600.00 per account not registered.

(o)

Failure of a licensee to have the financial institution designate an account as a trust or escrow account, except where the financial institution has erred. 43-40-20(b). Fine of $600.00 per account not designated.

(p)

Failure of a licensee to disclose his or her licensure in a contract requiring such disclosure. 520-1-.11. Fine of $600.00 per contract.

(q)

Where a broker continues to allow an affiliated licensee to conduct brokerage transactions after the licensee's license has been in a lapsed status for more than one month. 43-40-18 & 520-1-.05(4). Fine of $600.00 per brokerage transaction.

(r)

Where a licensee performs real estate brokerage activity in violation of 520-1-.05(4) beyond the month in which a license lapses for non-payment of renewal fees. Fine of $600.00 per brokerage transaction.

(s)

Where an approved school offers a course without prior authorization, if such prior authorization is required. Fine of $200.00 per student enrolled, not to exceed the limits set forth in 520-1-.14(1).

(t)

Failure of a licensee to deposit trust funds promptly where the deposit was made more than three business days after receipt unless the contract provides otherwise. 43-40-25(b)(3). Fine of $600.00.

(u)

Failure of a licensee to notify the Commission of the final disposition of any administrative, civil, or criminal action within ten days of the conclusion of court or administrative proceedings. 520-1-.05(5). Fine of $600.00.

(v)

Failure of a licensee to obtain written permission before depositing trust funds into an interest-bearing account where the licensee retained the interest. 43-40-25(b)(30) & 520- 1-.08(1). Fine of $600.00.

(w)

Failure of a broker to sign a release form immediately upon personally receiving the request of a community association manager, salesperson, or associate broker to be released from the broker's firm. 520-1-.07(5). Fine of $600.00.

(x)

Failure of a transferring salesperson or associate broker to account for or to return to the releasing broker all items belonging to that broker. 520-1-.07(5). Fine of $600.00.

(y)

Failure of a licensee to deposit into a trust account trust funds received in connection with a transaction in which a licensee is a principal. 43-40-20(f), 520-1-.08(1) & (4). Fine of $600.00.

(z)

Failure of a licensee to include a fixed date of expiration in a listing agreement or failure to leave a copy with the principal. 43-40-25(b)(18). Fine of $600.00.

(aa)

Where an approved school allows a person who has not been approved by the Commission as a pre-license instructor to instruct a Community Association Managers Course, a Salespersons Prelicense Course, or a Brokers Prelicense Course. Fine of $300.00 per course, not to exceed the limits set forth in 520-1-.14(1).

(bb)

Failure of a licensee to deposit earnest money, security deposits or other trust funds according to the terms of a contract. 43-40-25(b)(5) & 520-1-.08(1). Fine of $800.00 per contract.

(cc)

Where a broker upon disbursing trust funds without obtaining the express agreement to all the parties to the contract, fails to notify all parties in writing of the disbursal. 520- 1-.08(3). Fine of $800.00.

(dd)

Where a licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission on paper, electronically, or by any other means or media.

43-40-15(d) & 520-2-.16(1), & 520-3-.07. Fine of $800.00.

(ee)

Failure to handle trust funds as required by 43-40-20; 43-40-25(b)(3), (4), & (5); & 520-1-.08 in a transaction in which a client or a customer claims a loss and full restitution has been made. Fine of $900.00.

(ff)

Where the annual percentage of students passing the real estate examination from any prelicense school falls ten percentage points or more below the percentage of all examinees passing the real estate examination in any two consecutive calendar years.

520-2-.16(2). Fine of $900.00.

(gg)

Where an approved school fails to have students complete the required number of hours in any course or to complete all exercises and/or examinations required by the school. 520-2-.10(3),(4),(5), & (6). Fine of $400.00 or $100.00 per student, whichever is greater, but not to exceed the limits set forth in 520-1-.14(1).

(hh)

Failure to reconcile a trust or escrow account at least monthly; to provide the required information in the reconciliation statement; or, in the event of a discrepancy in the account, to provide an explanation or description of the discrepancy and the corrective action taken. 520-1-.08(6). Fine of $600.00 per violation if the account balances; fine of $900.00 per violation if the account is not in balance. And such other violations and fines as the Commission and the respondent parties agree upon.

(4)

Consent in lieu of Citation. In lieu of imposing a citation upon a licensee, the Commission in its discretion may offer the licensee the opportunity to consent to completing a course of study, to submit periodic reports on a designated trust account, to paying a fine, or some combination of these or other penalties.

(5)

Effective Date of Citation. When the Commission issues a citation on its own motion, the order in the citation shall become final when 30 days have passed since the date of service of the citation upon the licensee either personally or by certified mail or statutory overnight delivery unless prior to that time:

(a)

the licensee and the Commission have reached agreement on alternative terms; or

(b)

the licensee has requested a contested case hearing.

When a citation becomes final, the licensee named in the citation must meet any requirements contained in the order in the citation within 30 days of the effective date of that order unless the order prescribes a different timetable for completion of the requirements.

(6)

Service of Citation. Service of the final order in a citation shall be by personal delivery or by certified mail or statutory overnight delivery to the last address provided to the Commission by the broker or in the case of a community association manager, salesperson, or associate broker, the last address provided to the Commission by the broker with whom the community association manager's, salesperson's, or associate broker's license is affiliated or in the case of an inactive licensee, at the last address provided to the Commission by the inactive licensee or in the case of an approved school or instructor, the last address provided to the Commission by the approved school or instructor. Service upon a licensee's, approved school's, or approved instructor's attorney shall be deemed service upon the licensee, school, or instructor.

(7)

Citation in lieu of Contested Case. After initiating a contested case action, the Commission, in its discretion and with the consent of the licensee, may elect to dismiss the contested case action and issue a citation.

(8)

Sanction for Failure to Comply with Order. The Commission may impose sanctions on the license of a licensee who fails to comply with the terms of a final order in a citation after giving notice to the licensee and the opportunity for a hearing.

(9)

Citations and Subsequent Disciplinary Actions. In imposing a disciplinary action on a licensee's license in a contested case, the Commission shall not consider prior citations if the licensee has fully complied with the terms of those citations.

see also O.C.G.A. §§ 43-40-2, 43-40-25, 43-40-25.2

Cite as Ga. Comp. R. & Regs. R. 520-1-.14

Authority: O.C.G.A. §§ 43-40-2, 43-40-8, 43-40-14, 43-40-25.

History. Original Rule entitled "Salesman Buying and Selling" adopted as ER. 520-1-0.1-.14. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Recommending Broker" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule entitled "Reinstatement of Lapsed Licenses" adopted. F. May 8, 1981; eff. June 1, 1981, as specified by the Agency.

Amended: F. July 15, 1981; eff. August 4, 1981.

Amended: F. Feb. 11, 1982; eff. Mar. 3, 1982.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 5, 1983; eff. July 1, 1983, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Nov. 13, 1986; eff. Jan. 1, 1987, as specified by the Agency.

Amended: F. Apr. 10, 1987; eff. May 1, 1987, as specified by the Agency.

Amended: F. May 13, 1987; eff. July 1, 1987, as specified by the Agency.

Amended: F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Amended: F. May 15, 1989; eff. July 1, 1989, as specified by the Agency.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. Feb. 10, 1993; eff. Mar. 2, 1993.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. July 21, 1995; eff. August 10, 1995.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. June 12, 1997; eff. July 2, 1997.

Amended: F. Mar. 20, 1998; eff. Apr. 9, 1998.

Repealed: New Rule entitled "Citations" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.

Amended: F. Oct. 16, 2009; eff. Nov. 5, 2009.

Amended: F. Jan. 24, 2014; eff. Feb. 15, 2014, as specified by the Agency.

Amended: F. May 18, 2016; eff. June 1, 2016, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-1-.15 Repealed

Ga. Comp. R. & Regs. r. 520-1-.15 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.15. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.15

Authority: O.C.G.A. Secs. 43-40-1, 43-40-2, 43-40-25.

History. Original Rule entitled "Brokers Agreement Out of State" adopted as ER. 520-1-0.1-.15. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Salesman Buying and Selling" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule entitled "Licensees Buying and Selling" adopted. F. Sept. 19, 1977; eff. Oct. 9, 1977.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 29, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Aug. 22, 1991; eff. Sept. 11, 1991.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.16 Repealed

Ga. Comp. R. & Regs. r. 520-1-.16 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.16. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.16

Authority: O.C.G.A. Secs. 43-40-2, 43-40-9.

History. Original Rule entitled "Falsifying Contracts" adopted as ER. 520-1-0.1-.16. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Brokers Agreement Out of State" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.17 Repealed

Ga. Comp. R. & Regs. r. 520-1-.17 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.17. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.17

Authority: O.C.G.A. Secs. 43-40-2, 43-40-15, 43-40-25.

History. Original Rule entitled "Representations" adopted as ER. 520-1-0.1-.17. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Falsifying Contracts" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule of same title adopted. F. Apr. 12, 1978; eff. May 2, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: Rule retitled "Misrepresentations in Transaction Documents". F. Aug. 15, 1996; eff. Sept. 4, 1996.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.18 Repealed

Ga. Comp. R. & Regs. r. 520-1-.18 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.18. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.18

Authority: O.C.G.A. Secs. 43-40-2, 43-40-15, 43-40-25.

History. Original Rule entitled "Solicitation" adopted as ER. 520-1-0.1-.18. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Representations" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Sept. 13, 1990; eff. Oct. 3, 1990.

Amended: F. Dec. 15, 1994; eff. Jan. 4, 1995.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.19 Repealed

Ga. Comp. R. & Regs. r. 520-1-.19 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.19. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.19

Authority: O.C.G.A. Secs. 43-40-1, 43-40-2, 43-40-15, 43-40-25, 43-40-29, 43-40-30.

History. Original Rule entitled "Advertisements" adopted as ER. 520-1-0.1-.19. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule entitled "Solicitation" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: F. June 4, 1980; eff. July 1, 1980, as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. May 13, 1987; eff. June 2, 1987.

Repealed: F. May 20, 1998; eff. June 9, 1998.

Amended: New Rule entitled "Business Brokers" adopted. F. Aug. 12, 1999; eff. Sept. 1, 1999.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.20 Repealed

Ga. Comp. R. & Regs. r. 520-1-.20 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.20. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.20

Authority: O.C.G.A. Secs. 43-40-1, 43-40-2, 43-40-12, 43-40-19, 43-40-25, 43-40-29.

History. Original Rule entitled "Neighborhood Disruptions" adopted as ER. 520-1-0.1-.20. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule of same title adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: F. May 20, 1998; eff. June 9, 1998.

Amended: New Rule entitled "Licensees Seeking to Work for Unlicensed Persons" adopted. F. Aug. 12, 1999; eff. Sept. 1, 1999.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.21 Repealed

Ga. Comp. R. & Regs. r. 520-1-.21 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.21. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.21

Authority: O.C.G.A. Secs. 43-40-1, 43-40-2, 43-40-18.

History. Original Rule entitled "Broker's Responsibility" adopted as ER. 520-1-0.1-.21. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule of same title adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule entitled "Broker's or Qualifying Broker's Responsibility" adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.22 Repealed

Ga. Comp. R. & Regs. r. 520-1-.22 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.22. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.22

Authority: O.C.G.A. Secs. 43-40-2, 43-40-15, 43-40-25.

History. Original Rule entitled "Unfair Practices" adopted as ER. 520-1-0.1-.22. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule of same title adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Sept. 13, 1990; eff. Oct. 3, 1990.

Amended: F. Dec. 15, 1994; eff. Jan. 4, 1995.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.23 Repealed

Ga. Comp. R. & Regs. r. 520-1-.23 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.23. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.23

Authority: O.C.G.A. Secs. 43-40-2, 43-40-9, 43-40-25.

History. Original Rule entitled "Cooperation With Out of State Broker" adopted as ER. 520-1-0.1-.23. F. and eff. July 12, 1973, the date of adoption.

Amended: Permanent Rule of same title adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule entitled "Sub Agency Agreements With Out of State Brokers" adopted. F. July 6, 1978; eff. July 26, 1978.

Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Amended: F. Nov. 12, 1981; eff. Dec. 2, 1981.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Feb. 10, 1983; eff. Mar. 3, 1983, as specified by the Agency.

Amended: F. Aug. 10, 1984; eff. Sept. 1, 1984, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "Referral Fees Paid to Persons Licensed in Other States" adopted. F. May 13, 1987; eff. July 1, 1987, as specified by the Agency.

Amended: Rule retitled "Referral Fees Paid to Brokers Licensed in Other States". F. Sept. 13, 1990; eff. Oct. 3, 1990.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.24 Repealed

Ga. Comp. R. & Regs. r. 520-1-.24 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.24. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.24

Authority: O.C.G.A. Secs. 43-40-1, 43-40-2, 43-40-9, 43-40-25.

History. Original Rule entitled "Broker and Salesperson's Examination Fee Forfeiture" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule, same title adopted. F. Jan. 17, 1977; eff. Feb. 6, 1977.

Repealed: F. June 10, 1982; eff. July 1, 1982, as specified by the Agency.

Amended: New Rule entitled "Acting as a Licensee in Other States" adopted. F. Aug. 10, 1984; eff. Sept. 1, 1984, as specified by the Agency.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.25 Repealed

Ga. Comp. R. & Regs. r. 520-1-.25 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.25. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.25

Authority: O.C.G.A. Secs. 43-40-2, 43-40-7, 40-43-14, 43-40-16.

History. Original Rule entitled "Activating and Applying for License After Passing Examination" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.

Repealed: New Rule of same title adopted. F. May 13, 1977; eff. June 2, 1977.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Dec. 5, 1985; eff. Jan. 1, 1986, as specified by the Agency.

Amended: F. Nov. 13, 1986; eff. Jan. 1, 1987, as specified by the Agency.

Amended:April 10, 1987; eff. May 1, 1987; as specified by the Agency.

Amended: F. May 15, 1989; eff. July 1, 1989, as specified by the Agency.

Amended: F. Jun. 13, 1991; eff. July 3, 1991.

Amended: F. Jun. 14, 1996; eff. July 4, 1996.

Amended: F. Nov. 12, 1999; eff. Dec. 2, 1999.

Amended: Rule retitled "Applying for License After Meeting Age, Education, and Examination Requirements" F. Dec. 8, 2000; eff. Dec. 28, 2000.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.26 Repealed

Ga. Comp. R. & Regs. r. 520-1-.26 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.26. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.26

Authority: O.C.G.A. Secs. 43-40-2, 43-40-20, 43-40-21, 43-40-25.

History. Original Rule entitled "Escrow Account" adopted. F. Jan. 11, 1977; eff. Jan. 31, 1977.

Repealed: New Rule entitled "Designated Trust or Escrow Account" adopted. F. Sept. 7, 1978; eff. Oct. 1, 1978, as specified by the Agency.

Repealed: New Rule of the same title adopted. F. Apr. 16, 1979; eff. May 6, 1979.

Amended: F. June 10, 1982; eff. July 1, 1982, as specified by the Agency.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Dec. 5, 1985; eff. Jan. 1, 1986, as specified by the Agency.

Amended: F. Feb. 13, 1986; eff. Apr. 1, 1986, as specified by the Agency.

Amended: F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Amended: F. Apr. 17, 1990; eff. May 7, 1990.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. Jan. 22, 1996, eff. Feb. 11, 1996.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. Feb. 21, 1997; eff. Mar. 13, 1997.

Amended: F. June 18, 1998; eff. July 8, 1998.

Amended: F. Apr. 13, 2000; eff. May 3, 2000.

Amended: F. Feb. 15, 2001; eff. Mar. 7, 2001.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.27 Repealed

Ga. Comp. R. & Regs. r. 520-1-.27 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.27. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.27

Authority: O.C.G.A. Secs. 43-40-2, 43-40-25.

History. Original Rule entitled "Trade Name" was filed as ER. 520-1-0.3-.27 on Dec. 1, 1976; eff. December 1, 1976, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter is adopted, as specified by the Agency. (Emergency Rule expired on March 30, 1977).

Amended: Permanent Rule adopted. F. April 7, 1977; eff. April 27, 1977.

Amended: Rule amended and the authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.28 Repealed

Ga. Comp. R. & Regs. r. 520-1-.28 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.28. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.28

Authority: O.C.G.A. Secs. 43-40-2, 43-40-7, 43-40-25.

History. Original Rule entitled "Notification of Legal Action" adopted. F. May, 13, 1977; eff. June 2, 1977.

Repealed: New Rule of same title adopted. F. June 10, 1982; eff. July 1, 1982, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Aug. 8, 1990; eff. Sept. 1, 1990, as specified by the Agency.

Amended: F. Feb. 14, 1991; eff. Mar. 6, 1991.

Amended: F. Mar. 10, 1994; eff. Mar. 30, 1994.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.29 Repealed

Ga. Comp. R. & Regs. r. 520-1-.29 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.29. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.29

Authority: O.C.G.A. Secs. 43-40-2, 43-40-3, 43-40-7, 43-40-9, 43-40-12, 43-40-13, 43-40-14, 43-40-16, 43-40-19, 43-40-20.

History. Original Rule entitled1977 "Fees" adopted as ER. 520-1-0.4-.29. F. and eff. March 23, 1977.

Amended: Permanent Rule of same title adopted. F. June 8, 1977; eff. June 28, 1977.

Repealed: New Rule of same titleadopted. F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Amended: F.Feb. 6, 1981; eff. Mar. 1, 1981, as specified by the Agency.

Repealed: New Rule of same title adopted. F. June 10, 1982; eff. July 1, 1982,as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Feb. 10, 1983; eff. Mar. 3, 1983, as specified by the Agency.

Repealed: New Rule of sametitle adopted. F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "Feesand Renewal of Licenses" adopted. F. Nov. 13, 1986; eff. Jan. 1, 1987, as specified by the Agency.

Amended: F.May 13, 1987; eff. July 1, 1987, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Mar. 9,1988; eff. Mar. 29, 1988.

Amended: F. May 8, 1991; eff. May 28, 1991.

Amended: F. July 16, 1992; eff. August 5, 1992.

Amended: F. July 19, 1994; eff. August 8, 1994.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F.Feb. 21, 1997; eff. Mar. 13, 1997.

Amended: F. June 2, 2000; eff. July 1, 2000, as specified by the Agency.

Amended: F. Dec. 8, 2000; eff. Dec. 28, 2000.

Amended: F. Jan. 23, 2002; eff. Apr. 1, 2002, as specified by the Agency.

Amended: F.Apr. 11, 2002; eff. July 1, 2002, as specified by the Agency.

Amended: F. July 9, 2003; eff.July 29, 2003.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.30 Repealed

Ga. Comp. R. & Regs. r. 520-1-.30 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.30. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.30

Authority: O.C.G.A. Secs. 43-40-2, 43-40-9, 43-40-14, 43-40-20, 43-40-21, 43-40-25.

History. Original Rule entitled "Depositing Checks" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Handling Trust Funds" adopted. F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Amended: F. July 16, 1992; eff. August 5, 1992.

Amended: F. June 14, 1996; eff. July 4, 1996. Repealed: F. Nov. 12, 2003; eff. December 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.31 Repealed

Ga. Comp. R. & Regs. r. 520-1-.31 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.31. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.31

Authority: O.C.G.A. Secs. 43-40-2, 43-40-7, 43-40-15.

History. Original Rule entitled "Certified Copies of Convic-tions" adopted. F. Apr. 16, 1979; eff. May 6, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982,as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F.Dec. 10, 1999; eff. Dec. 30, 1999.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.32 Repealed

Ga. Comp. R. & Regs. r. 520-1-.32 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.32. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.32

Authority: O.C.G.A. Secs. 43-40-2, 43-40-11, 43-40-14.

History. Original Rule entitled "Retention of Certificate ofLicensure" adopted. F. Apr. 16, 1979; eff. May 6, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.33 Repealed

Ga. Comp. R. & Regs. r. 520-1-.33 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.33. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.33

Authority: O.C.G.A. Secs. 43-40-2, 43-40-25.

History. Original Rule entitled "Licensees' Offer to Purchase" adopted.F. June 13, 1979; eff. July 3, 1979.

Repealed: New Rule entitled "Licensees' Offers to Purchase, Sell, Lease, or Exchange" adopted. F. Feb. 6, 1981; eff. Mar. 1, 1981, as specified by the Agency.

Amended: Authority changed. F.Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994. Re-pealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.34 Repealed

Ga. Comp. R. & Regs. r. 520-1-.34 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.34. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.34

Authority: O.C.G.A. Secs. 43-40-2, 43-40-20, 43-40-21, 43-40-25.

History. Original Rule entitled "Unfair Practices-Interpretative Rule-Disbursal of Escrow Funds" adopted. F. Nov. 16, 1979; eff. Dec. 6, 1979.

Amended: Rule re-titled "Disbursal of Funds from Designated Trust or Escrow Account." F. Nov. 12, 1981; eff. Dec. 2, 1981.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9,1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. Nov. 10, 1988; eff. Dec. 1, 1988, as specified bythe Agency.

Amended: F. June 14, 1996; eff. July 4, 1996. Repealed: F. Nov. 12, 2003; eff. December 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.35 Repealed

Ga. Comp. R. & Regs. r. 520-1-.35 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.35. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.35

Authority: O.C.G.A. Secs. 43-40-2, 43-40-9, 43-40-14.

History. Original Rule entitled "Non-Resident Licensure"adopted. F. June 4, 1980; eff. July 1, 1980, as specified by the Agency.

Amended: F. Nov. 12, 1981; eff. Dec. 2, 1981.

Amended: F. Feb. 11, 1982; eff. Mar. 3, 1982.

Repealed: New Rule of same title adopted. F. Aug. 5, 1982;eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by theAgency.

Repealed: New Rule of same title adopted. F. July 9, 1987; eff. August 1, 1987, as specified by the Agency.

Amended: F. June 7, 1988; eff. July 1, 1988, a specified by the Agency.

Amended: F. June 13, 1991; eff. July 3, 1991.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.36 Repealed

Ga. Comp. R. & Regs. r. 520-1-.36 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.36. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.36

Authority: O.C.G.A. Secs. 43-40-2, 43-40-6, 43-40-24.

History. Original Rule entitled "Certifications of License adopted. F. Feb. 12, 1987; eff. Mar. 4, 1987.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.37 Repealed

Ga. Comp. R. & Regs. r. 520-1-.37 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.37. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.37

Authority: O.C.G.A. Secs. 43-40-2, 43-40-7, 43-40-19.

History. Original Rule entitled "Change of Address" adopted.F. Feb. 19, 1990; eff. Mar. 11, 1990.

Amended: F. Feb. 21, 1997; eff. Mar. 13, 1997.

Repealed: F. Nov. 12, 2003;eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.38 Repealed

Ga. Comp. R. & Regs. r. 520-1-.38 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.38. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.38

Authority: O.C.G.A. Secs. 43-40-2, 43-40-25, 43-40-25.1.

History. Original Rule entitled "Management Agreements adopted. F. Feb. 19, 1990; eff. Mar. 11, 1990.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.39 Repealed

Ga. Comp. R. & Regs. r. 520-1-.39 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.39. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.39

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8.

History. Original Rule entitled "Salesperson Postlicense Course"adopted. F. Feb. 9, 1995; eff. Mar. 1, 1995.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.40 Repealed

Ga. Comp. R. & Regs. r. 520-1-.40 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.40. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.40

Authority: O.C.G.A. Secs. 43-40-2, 43-40-10, 43-40-18, 43-40-25, 43-40-30.

History. Original Rule entitled "SupportPersonnel for Licensees; Permitted and Prohibited Activities" adopted. F. Mar. 13, 1996; eff. July 1, 1996, as speci-fied by the Agency.

Amended: F. Nov. 9, 2000; eff. Nov. 29, 2000.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.41 Repealed

Ga. Comp. R. & Regs. r. 520-1-.41 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.41. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.41

Authority: O.C.G.A. Secs. 43-40-1, 43-40-22.1.

History. Original Rule entitled "Fidelity Bond or Insurance Required for Community Association Management" adopted. F. June 14, 1996; eff. July 4, 1996.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.42 Repealed

Ga. Comp. R. & Regs. r. 520-1-.42 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.42. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.42

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-10, 43-40-15.

History. Original Rule entitled "Preliminary Decisions Regarding Prior Criminal Convictions or Disciplinary Sanctions" adopted. F. Oct. 21, 1996; eff. Nov. 10, 1996.

Repealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-1-.43 Repealed

Ga. Comp. R. & Regs. r. 520-1-.43 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-1. LICENSURE AND BROKERAGE

Current through Rules and Regulations filed through March 24, 2026

Rule 520-1-.43. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-1-.43

Authority: O.C.G.A. Secs. 43-40-2, 43-40-3.1, 43-40-11, 43-40-15, 43-40-16, 43-40-18, 43-40-20, 43-40-25, 43-40-25.1, 43-40-25.2, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Citations" adopted. F. June 10, 1999; eff. June 30, 1999.

Amended: F. Aug. 10, 2000; eff. Aug. 30, 2000.

Amended: F. Aug. 9, 2001; eff. Aug. 29, 2001. Re-pealed: F. Nov. 12, 2003; eff. Dec. 2, 2003.

Ga. Comp. R. & Regs. r. 520-10-.01 Education Grants

Ga. Comp. R. & Regs. r. 520-10-.01 Education Grants

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-10. GRANT PROGRAMS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-10-.01. Education Grants

(1)

Statutory Basis for Grant Program. O.C.G.A. § 43-40-22.

(2)

Purpose and Eligible Recipients. The Commission makes monetary grants to public or private institutions or individuals to establish, continue, or expand educational opportunities or research that will benefit real estate licensees or the public in its potential dealings with licensees. The Commission is the sole arbiter of which programs, if any, to fund and gives priority to those programs that offer continuing education opportunities to real estate licensees.

(3)

Amounts and Terms of Grants. The amount and period during which the grant will be used shall be at the discretion of the Commission. No grant shall be construed as obligating the Commission to make any payment beyond the fiscal year in which the Commission decides to support a particular proposal. The amount and time of payment of grants shall be at the discretion of the Commission.

(4)

Applications. Applications for grants will be required to contain the following:

(a)

a statement of the educational objective of the proposed program or research;

(b)

a statement of how the program will benefit real estate licensees or the public who may deal with them;

(c)

if applicable, a detailed course outline, the number of educational hours in the program, length of course, schedule of instruction, location, and anticipated number of participants;

(d)

if applicable, the purpose, scope, length, and place of research work;

(e)

a detailed cost analysis of the entire course or project including, but not limited to such items as source of other funding for the program; cost of advertising, administration, instructors, materials, and physical facilities; and fees charged participants;

(f)

evidence of approval by the State Board of Education if the school applying is subject to the Georgia Proprietary School Act, Ga. Laws 1972, p. 156 (O.C.G.A. §20-4-60);

(g)

a list of any instructors which may be used and their credentials;

(h)

any academic credit to be awarded;

(i)

such other information as the Commission may require at the time of application or after reviewing the application.

(5)

Commission Action on Applications. The Commission shall act on all applications within sixty days of receipt of a written original or amended application and shall notify the applicant in writing of:

(a)

the terms of acceptance of the proposal;

(b)

the reason or reasons for rejection of the proposal; or

(c)

any further information needed to accept or reject the proposal.

Decisions of acceptance and rejection by the Commission shall be final.

(6)

Reports. A full report of the expenditure of grant funds used shall be made to the Commission within thirty days of the end of the fiscal year in which such grant was made or at such other reasonable time or times as the Commission may require. Grant recipients shall issue a certificate of attendance to all who attend any grant program upon completion of the program and shall send to the Commission within ten days of the end of a program a list of all persons who were in attendance. All attendees of such grant programs shall be notified in writing by the grant recipient that certificates of attendance will be issued and that their attendance record will be forwarded to the Commission. The Commission may direct its representatives to monitor any program at any time, and the recipients of grants shall be required to supply data to those representatives upon reasonable request.

(7)

Use of Commission Name. Any advertising of a program or project must indicate that a portion or all of the cost of the program is underwritten by the Georgia Real Estate Commission. Any publication or other educational material produced as the result of a grant must include indication that a portion or all of the cost of producing the material is underwritten by the Georgia Real Estate Commission. All participants in any program underwritten totally or in part by the Georgia Real Estate Commission must be clearly and affirmatively made aware of the participation of the Georgia Real Estate Commission and how they may forward comments on the program to the Commission. No other use of the name of the Commission shall be permitted without the Commission's prior approval.

(8)

Changes. No substantive changes, including schedule of programs, may be made in a proposed program without the prior approval of the Commission. Emergency changes may be made on a temporary basis with the prior approval of the real estate commissioner subject to review and final approval by the Commission at a regularly scheduled meeting. All requests for changes and authorizations of change must be in writing before they may be implemented.

(9)

Participants. Any course offered to real estate licensees which the Commission has underwritten part or all of the cost must be available to all persons regardless of race, color, religion, sex, handicap, familial status, national origin, age, or membership in any organization.

(10)

Expenditures. Any grant funds not expended on an approved proposal shall be returned to the Commission within thirty days of the end of the fiscal year in which the grant was made or at such other time as the Commission may require.

(11)

Violations. Any violation of the provisions of this Chapter, any falsification or misrepresentation on the application for grant, or violation of any written agreement for a grant entered into with the Commission may result in a revocation of the grant and the requirement that any funds paid out by the Commission be returned. Any recipient of grant funds found to have not properly accounted for or improperly expended any grant funds shall repay said funds plus interest at 6% per annum to the Commission and said recipient shall be ineligible to receive any other grant funds available through the Commission unless said recipient shall first repay said funds plus interest. Should the Commission allege any violation under this Chapter, it shall provide the respondent with the opportunity for a formal hearing in accordance with the Administrative Procedure Act.

Cite as Ga. Comp. R. & Regs. R. 520-10-.01

Authority: O.C.G.A. Sec. 44-40-22.

History. Original grant description entitled "Education Grants" received July 6, 1995.

Ga. Comp. R. & Regs. r. 520-2-.01 Purpose of Chapter

Ga. Comp. R. & Regs. r. 520-2-.01 Purpose of Chapter

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.01. Purpose of Chapter

The purpose of this Chapter is to delineate the rules and regulations that the Georgia Real Estate Commission will follow in approving and regulating all real estate schools, instructors, and courses as provided for by O.C.G.A. Section 43-40-8.

Cite as Ga. Comp. R. & Regs. R. 520-2-.01

Authority: Authority O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Listings" adopted. F. and eff. June 30, 1965.

Repealed: F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: ER. 520-2-0.2-.01 entitled "Application for Examination" adopted. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Purposes of Chapter" adopted. F. June 13, 1979; eff. July 3, 1979.

Repealed: New Rule of same title adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "College and Equivalent Courses for Examination" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Amended: F. Feb. 7, 1985; eff. Mar. 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "College and Equivalent Courses" adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. July 9, 1987; eff. August 1, 1987, as specified by the Agency.

Amended: F. Aug. 13, 1987; eff. Sept. 2, 1987.

Amended: F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Amended: F. Mar. 16, 1989; eff. Apr. 4, 1989.

Amended: F. Feb. 19, 1990; eff. Mar. 11, 1990.

Amended: F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. May 15, 1992; eff. June 4, 1992.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Amended: F. Oct. 9, 1997; eff. Oct. 29, 1997.

Repealed: New Rule entitled "Purpose of Chapter" adopted. F. May 2, 2005; eff. May 22, 2005.

Amended:Nov. 2, 2011; eff. Nov. 22, 2011.

Ga. Comp. R. & Regs. r. 520-2-.02 Real Estate Schools

Ga. Comp. R. & Regs. r. 520-2-.02 Real Estate Schools

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.02. Real Estate Schools

(1)

Timetable for Approval. The Commission shall approve, disapprove, or request additional data on any application for a school approval within sixty days of the receipt of a complete application meeting the requirements of Rule 520-1-.04(4) and containing the data required by this Rule. The Commission shall deem an application abandoned if the applicant fails to respond to a request for additional or revised data within one hundred twenty days after the Commission has sent such a request to the address of the applicant listed on the application. In the event an application is abandoned, a new application and fee will be required to reinstate the application. The Commission, in its discretion, may elect not to process an incomplete application as defined by Rule 520-1-.04(4) unless and until all the requirements of that paragraph are met.

(2)

Application Requirements for Approval. Applicants for school approval must file with the Commission an application and a fee as provided by Rule 520-1-.04. The application must set forth in terms acceptable to the Commission the following:

(a)

Identification. The name and address of the school, the name of the school director and the school coordinator as well as any other identifying criteria that the Commission may require. The school director and/or coordinator shall be responsible for certifying student completion of all courses covered under this Chapter.

(b)

Records Management. A detailed proposal of records management for retaining for at least five years records of student attendance, the scores earned by all students on all graded exercises and examinations, and any student certifications required by this Chapter;

(c)

Nonpublic Postsecondary Education Certificate. If the applicant is subject to the Nonpublic Postsecondary Educational Institutions Act of 1990, O.C.G.A. § 20-3-250.1 et. seq., a copy of the current certificate issued by the Nonpublic Postsecondary Education Commission;

(d)

School Directors and Owners. The name and address of the owner if the school is a sole proprietorship, the names and addresses of the partners if the school is a partnership, the names and addresses of the members if the school is a limited liability company (if a member is a corporation, the names and addresses of the officers of the corporation member), and the names and addresses of each officer if the school is a corporation.

(e)

Attendance Make-up Policy. Any make-up policy regarding attendance that the school has adopted;

(f)

Entrance Qualifications. A list of any entrance qualifications for students;

(g)

Media Equipment. A statement that the school can make available to its students materials the Commission may require for use in a particular course or courses and that it has video or audio equipment available to present Commission required material;

(h)

Learning Environment. A statement that the school will conduct in-class courses in environments that are appropriate for learning;

(i)

Electronic Registration and Transmission Capability. A statement that the school has the capability to follow Commission authorized procedures for (1) electronically registering its students for qualifying examinations with the Commission's approved vendor, (2) to communicate electronically any required student course completion information to that vendor, and (3) to communicate electronically any required student course completion information to the Commission.

(j)

Compliance with the Americans with Disabilities Act (ADA). A statement that the school will comply with all relevant provisions of the Americans with Disabilities Act (ADA).

(k)

Nondiscrimination. A statement that the school will not discriminate in its fees, enrollment, or completion policies on the basis of race, color, sex, religion, national origin, familial status, or handicap;

(l)

Course Outlines. A detailed outline(s) of course(s) to be offered with hours to be spent on each subject area to be covered in the course(s) and a description of all planned in-class and homework exercises;

(m)

Bibliography. A bibliography of all texts and reference materials for use in the course(s);

(n)

Student Evaluations. A comprehensive description of the measures and standards the school will employ to evaluate student performance in order to determine whether a student successfully completes a course.

(o)

Learning Objectives. A description of the learning objectives for each instructional hour of the course(s). A learning objective is part of the overall goal of the course. An objective states, in measurable terms, what the student should be able to do, explain, or demonstrate upon mastery of the content of each hour of instruction;

(p)

Instructors. A list of all proposed instructors;

(q)

Course Schedule. A list of the course(s) for which the school seeks approval; and

(r)

Notice to Students. A copy of the Notice to Students required by this Rule.

(3)

Renewal of Approval. In order to renew any school approval, the Commission must receive an application from the school requesting renewal prior to the expiration of the current approval. The application requesting renewal must be on a form authorized by the Commission and accompanied by the required renewal fee established in Rule 520-1-.04(1).

(4)

Minimum Standards for Students. Approved schools must adopt and enforce standards for students that at least meet the minimums described in this Rule.

(a)

Attendance. In order for a school to certify a student as passing a course, the student must attend all of the required number of hours of in-class instruction for which the school offers the course.

(b)

Required Exercises and Examinations. In order for a school to certify a student as passing a course, the student must complete and pass all graded exercises and/or examinations required by the school.

(c)

Makeup Policy. A school director may establish a makeup policy for students who are unable to attend all the scheduled hours of instruction required for a course. Such makeup may allow a student who misses one or more sessions of a course to makeup those sessions by attending similar sessions of the same course. A student who enrolls in a school which offers the seventy-five hour salesperson's prelicense qualifying course, the sixty hour broker's prelicense qualifying course, or the twenty-five hour community association manager prelicense qualifying course in a series of courses each of whose total number of hours is fewer than the required seventy-five, sixty, or twenty-five hours may not transfer credit for a course or courses completed in that series to another school unless the new school offers the identical series of courses

Schools shall utilize no more than thirty minutes of audio or video material toward meeting any required or make-up hours of in-class instruction unless the Commission grants written authorization for such material prior to its use.

(d)

Certification Requirements. In order for a school to certify a student as passing a course, the student must meet any minimum grading and conduct standards established by this Chapter and the school. On graded exercises and examinations for which this Chapter sets specific requirements, the school's policy must at least equal those requirements. [See 520-2-.04(11)] Other grading standards must be in accordance with generally accepted educational standards. Schools must publish these standards and give them to the students in a written form at the beginning of the course.

(5)

Notice to Students. Upon a student's enrollment or prior to the beginning of instruction in any course, the school shall provide that student a written Notice to Students containing the following information about the course.

(a)

Approval Details. The Notice must state that the Commission has approved the school and disclose the following:

1.

its end of renewal date;

2.

the number of hours of education credit of the course;

3.

whether the course is an in-class course or a computer-based course or other type of distance education course;

4.

whether the course meets prelicense, postlicense, or continuing education credit; and

5.

if the course is a prerequisite for licensure as a community association manager salesperson or broker, whether it satisfies all or part of the hours required for that license, and if only a part of those hours, how many hours it meets and what other course(s) the student must complete to fulfill all of the requirements.

(b)

Instructors. The Notice must list the instructors who will teach the course(s).

(c)

Grading and Certification Policy. The Notice must describe the school's grading policies for exercises, homework, examinations, and any other work on which the school will base a student's grade.

(d)

Attendance. The Notice must describe the school's attendance requirements, including notice that the student must be on time and present for all in-class hours in order to receive credit for the course, and a statement indicating how students will makeup absences if the school has established a makeup policy.

(e)

Prohibition of Recruitment Notice. The Notice must include the prohibition of recruitment statement required by Rule 520-2-.02(10) and outline the manner in which students must report any efforts of recruitment;

(f)

Computer-based Courses. If the course is a computer-based course, the Notice to Students must also include:

1.

the name and address of the approved school;

2.

the order in which the student must submit homework assignments;

3.

a statement that the student must personally complete all instructional modules required to demonstrate mastery of the material and sign the certification statements required by this Rule;

4.

a statement that the student must successfully complete all assignments before receiving credit for the course or before attending any required in-class instruction; and

5.

an explanation of when and where to complete any required in-class instruction; and

(g)

Preliminary Decisions. For Prelicense Courses, the Notice must include a description of the Commission's Preliminary Decision option for persons with criminal convictions. [See Substantive Regulation 520-1-.04(11).]

(h)

Continuing Education Credit. The Notice must include a statement that the student may not receive credit for any continuing education course that he or she has taken within the previous calendar year.

(i)

Any other information that the Commission may require.

(6)

Reporting. All approved schools must report the following information to the Commission or its designee.

(a)

Changes. Schools must immediately report to the Commission in writing changes in its director/coordinator, its name, its phone number, or its location or mailing address. The school must notify the Commission immediately if it terminates its relationship with an instructor because of the instructor's violation of any provision of this Chapter.

(b)

Prelicense Student Registrations and Completions. Schools must electronically register students for qualifying examinations with the Commission's approved vendor and promptly communicate electronically to that vendor any required student course completion information.

(c)

Student Completions in Post License and CE Courses. Schools must communicate electronically to the Commission all student completion information in postlicense and continuing education courses as directed by the Commission.

(7)

Evaluation of Instructors. The school coordinator/director shall be responsible for consistent and regular evaluation of the school's instructors. The coordinator/director must provide each student with an opportunity to make unsigned, written evaluations of instructors. Upon receipt of a sworn written request for an investigation or at its own discretion, the Commission may request, and the coordinator/director shall supply additional student and coordinator/director evaluations on specific individual instructors in question. The Commission may use these evaluations to determine what action to take to improve the quality of instruction.

(8)

Maintenance of Records. All approved schools must maintain for at least five years and upon reasonable request must make available to any authorized representative of the Commission the following documents.

(a)

Examinations. Schools must retain copies of all examinations given and the answer keys for those examinations.

(b)

Texts and materials. Schools must maintain copies of all texts or other instructional materials used in courses.

(c)

Attendance. Each school must maintain records that reflect the attendance (or for computer-based courses the completion of each module of instruction) and scores earned by each student on all graded, written exercises and examinations used to determine whether the student passed a course.

(d)

Instructor Resumes. Schools must maintain resumes or other biographical information documenting such knowledge and experience for all postlicense and continuing education instructors who have not qualified as approved instructors under the standards of Chapter 520-2.

(e)

Computer-based Courses. For all computer-based courses, each school must maintain for at least five years, in a form that the Commission authorizes, records that reflect the following:

1.

the student's name, the course title, the number of hours authorized for the course, and the particular software version of the course;

2.

a Commission authorized system of verification of the completion of each module of instruction within the computer-based course and the date of completion of the course; and

3.

the scores for each student for all final examinations for those courses requiring such examinations;

(9)

Advertising. This Rule regulates advertising whether done by an approved school, an approved instructor, or the provider of approved courses or through any media. The term "media" includes, but is not limited to, print, photographic, broadcast, and computer media including, but not limited to, such examples as newspapers, magazines, flyers, posters, radio, television, signs, newsletters, and internet web sites.

(a)

Use of Commission Name. If a school, after approval, wishes to use the name of the Georgia Real Estate Commission in its advertising, it must indicate that the Georgia Real Estate Commission has approved the school as meeting the requirements of Georgia laws. Such advertising may not indicate in any fashion that the Georgia Real Estate Commission has any interest in the school other than insuring that it complies with the standards imposed by Georgia law. In no event can the phrase "Georgia Real Estate Commission" appear anywhere in the advertisement in larger type than the words and phrases preceding or following the phrase "Georgia Real Estate Commission."

(b)

Use of the Name of a Licensed Firm. Whenever an approved school advertises that it is offering any prelicense, postlicense or continuing education at the location of a real estate firm or other organization that is not an approved school, the school must include in the advertisement the school's name and school approval number as registered with the Commission and the name of the school and the approval number must appear in equal or greater size, prominence, and frequency than the name of the firm or organization. Personnel of the approved school must:

1.

give students and prospective students information concerning course offerings, except that the school may allow other persons to distribute written information prepared by the school's director/coordinator. Such printed information shall include no telephone number other than the school's number and the following statement:

"This information provided by (name of school). Direct any questions concerning this information to (name of school)."

2.

administer the registration and enrollment of students, except that the school may allow other persons to register and enroll students under the direction of the school's director/coordinator.

3.

certify the students' completion of the course; and

4.

maintain all records required by the Commission.

(c)

Disclosure of Type of Course. Any advertising of a course must state within the body of the advertisement that the course is an in-class course or a computer-based course whichever is applicable.

(d)

Use of School's Passing Percentage Statistics. An approved school may not advertise that successful completion of its courses will assist an individual in passing either of the Commission's licensing examinations unless it includes its passing percentage in the advertisement in type as large as the reference to passing the examination. In calculating and advertising its passing percentage, an approved school must include the following information:

1.

the passing rate of its students:

(i)

on the examination(s) to which the advertisement refers,

(ii)

expressed as a specific percentage (language such as "more than 80% passing" is not acceptable),

(iii)

based on only first-time examinees and so state in the advertisement, and

(iv)

for the calendar year prior to the advertisement (the school must identify the year in the advertisement);

2.

whether the passing rate is for the salesperson's examination or the broker's examination (salesperson and broker passing rates may not be combined);

3.

the actual number of its students taking the examination in the calendar year cited; and

4.

the actual number of its students passing the examination during the calendar year cited.

An approved school that advertises courses that do not qualify an individual to sit for an examination but that the school holds out to the public as assisting an individual to pass the examination must comply with the requirements of this paragraph in advertising those courses.

(10)

Prohibition of Recruiting.

No school coordinator/director shall allow anyone to use the school's premises or classroom to recruit new affiliates for any company one hour before, one hour after, or during an instruction period. The school coordinator/director shall cause the following statement to be distributed in written materials to all students at the beginning of the course:

"No recruiting for employment opportunities for any real estate brokerage firm is allowed in this class or on the school premises. Report promptly any effort to recruit on behalf of a brokerage firm by anyone including a fellow student to (name of school coordinator/director) at (phone number and/or office location) or the Georgia Real Estate Commission." Instructors and school coordinators/directors must promptly report to the Commission any efforts to recruit students in violation of this paragraph.

(11)

Exceptions. Schools may request exceptions, modifications, or exemptions to the requirement of this Chapter whenever sound educational reasons exist for such a request. Schools must submit such requests in writing with supporting rationales and may implement them only after receiving written authorization from the Commission.

Cite as Ga. Comp. R. & Regs. R. 520-2-.02

Authority: Authority O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Net Listings" adopted. F. and eff. June 30, 1965.

Repealed: F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: ER. 520-2-0.2-.02 entitled "Purpose of Chapter" adopted. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "College Courses" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. Nov. 16, 1979; eff. Dec. 6, 1979.

Amended: Rule retitled "College and Equivalent Courses" adopted. F. Feb. 6, 1981; eff. Mar. 1, 1981, as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Procedures for Approval of Courses" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule entitled "Procedures for Approval of Schools" adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Jan. 14, 1988; eff. Feb. 3, 1988.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. Sept. 8, 1995; eff. Sept. 28, 1995.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: New Rule entitled "Real Estate Schools" adopted. F. May 2, 2005; eff. May 22, 2005.

Amended:Nov. 2, 2011; eff. Nov. 22, 2011.

Ga. Comp. R. & Regs. r. 520-2-.03 Real Estate Instructors

Ga. Comp. R. & Regs. r. 520-2-.03 Real Estate Instructors

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.03. Real Estate Instructors

(1)

Approved Instructors. Only instructors approved by name by the Commission or guest instructors as provided for in paragraph (5) of this Rule may teach Community Association Managers Prelicense, Salespersons Prelicense, and Brokers Prelicense Courses.

(2)

Timetable for Approval. The Commission shall approve, disapprove, or request further information on all applications for instructor approval within sixty days of the receipt of a complete application meeting the requirements of Rule 520-1-.04 and containing the data required by this Rule. The Commission, in its discretion, may elect not to process an incomplete application as defined by Rule 520-1-.04(4) unless and until all the requirements of that paragraph are met.

(3)

Application Required for Approval. Applicants for instructor approval must file with the Commission an application and a fee as provided in Rule 520-1-.04. The applicant must sign the application and must include the status of any real estate license held by the applicant, a resume of the applicant's background, and the following information:

(a)

Teaching Experience. A description of the applicant's teaching experience.

(b)

Formal Education. A summary of the applicant's formal education including any degrees earned.

(c)

Real Estate Education. A list of all pre-license and continuing education courses in real estate and any college real estate courses completed by the applicant.

(d)

Real Estate Experience. A description of the applicant's real estate experience, membership in professional real estate associations, experience with auxiliary fields, training in real estate brokerage and education, and specific numbers and types of brokerage transactions in which the applicant has participated.

(e)

Criminal Background Report. No more than sixty days prior to making application, each applicant for an instructor approval shall obtain, at the applicant's expense, and attach to the applicant's application for approval:

1.

a certified criminal history report issued by the Georgia Crime Information Center of the Georgia Bureau of Investigation, indicating whether the applicant has any record of a criminal history or

2.

for applicants for approved instructor who have not lived in Georgia, a certified criminal history report from their resident state, province, or territory that is equivalent to the report required in sub-paragraph (e) of this sub-section. If that report indicates that the applicant has a record in another jurisdiction, or if the applicant is unable to obtain a report as set forth in sub-paragraph (e) 2. of this sub-section, the applicant must, at the applicant's expense, provide a Federal Crime Information Center report from the Federal Bureau of Investigation.

(f)

Required Courses. The application must provide evidence of the applicant's having successfully completed, within one year prior to making an application for instructor approval, the following:

1.

a Commission approved instructor development workshop and

2.

a Salespersons Prelicense Course including the passing of the course examination; and

(g)

such other biographical information as the Commission may require.

(4)

Approval Criteria. In approving the applicant, the Commission shall consider qualifications from paragraph (3) above. The Commission may approve a non-resident instructor that another jurisdiction's real estate regulatory body has approved and who can provide evidence of having actively taught prelicense courses as an approved instructor for at least five years. The Commission shall be the final determinant of approval of instructors.

(5)

Guest Instructors. Schools may utilize guest instructors with expertise in particular areas in any approved course provided a properly approved instructor is present at the time of their presentation. Schools may, however, utilize guest instructors without an approved instructor's being present with the prior written approval of the Commission.

(6)

Renewal of Instructor Approval. All instructors must apply for renewal of approval by December 31 of the year in which their approval expires. Renewal applications must be on forms supplied the Commission and accompanied by:

(a)

the required renewal fee established in Rule 520-1-.04;

(b)

evidence of teaching 60 instructional hours to students in a Commission approved school during the current renewal period; and

(c)

evidence of successfully completing 36 hours of instructor continuing education during the current renewal period from the following:

(1)

a minimum of 12 hours from the Commission's annual meetings for approved schools and instructors;

(2)

course(s) that meet the requirements of this Chapter that an approved instructor teaches; or

(3)

course(s) which the Commission approvers for instructor continuing education.

(d)

the effective date of this amendment shall be December 31, 2017.

Cite as Ga. Comp. R. & Regs. R. 520-2-.03

Authority: O.C.G.A. §§ 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Course Approval" adopted as ER. 520-2-0.2-.03. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Amended: F. Jan. 17, 1977; eff. Feb. 6, 1977.

Amended: F. Feb. 14, 1977; eff. Mar. 6, 1977.

Repealed: New Rule entitled "Resident Course for Salesperson's Examination" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. June 5, 1980; eff. July 1, 1980, as specified by the Agency.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Prelicensing Courses" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Amended: F. June 7, 1984; eff. July 1, 1984, as specified by the Agency.

Repealed: New Rule entitled "Courses" adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Sept. 13, 1990; eff. Oct. 3, 1990.

Amended: F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. Sept. 8, 1995; eff. Sept. 28, 1995.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: Rule retitled "Prelicense and Postlicense Courses Offered in Residence". F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Amended: F. Dec. 10, 2003; eff. Dec. 30, 2003.

Repealed: New Rule entitled "Real Estate Instructors" adopted. F. May 2, 2005; eff. May 22, 2005.

Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended:Nov. 2, 2011; eff. Nov. 22, 2011.

Amended: F. June 9, 2016; eff. June 29, 2016.

Ga. Comp. R. & Regs. r. 520-2-.04 Real Estate Courses

Ga. Comp. R. & Regs. r. 520-2-.04 Real Estate Courses

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.04. Real Estate Courses

(1)

Developing and Offering Courses.

(a)

Purpose. The Commission intends that all courses offered by its approved schools to meet the requirements of this Chapter shall be educational in nature. Schools should not specifically orient courses to the passing of state licensing examinations or other examinations. The courses should introduce students to the language of the profession and basic theory underlying the duties and responsibilities of real estate licensees. They should also seek to improve licensee's skills in handling the normal business activities of a licensee. Courses must require practice in the skills being taught and provide a significant number of exercises for practice of those skills. All courses should make students aware of the need for further study and the perfection of practical skills.

(b)

Course Code. An approved school may not hold out a course as meeting the requirements of this Chapter until the course is posted on the Commission's electronic record of the school's courses or the school receives other written authorization from the Commission.

(2)

Instructors. Only instructors approved by the Commission under the standards of this Chapter may instruct Salespersons Prelicense, Brokers Prelicense, or Community Association Managers Prelicense courses. Only instructors with appropriate experience and knowledge of the content areas of Salespersons Postlicense or continuing education courses may teach these courses.

(3)

Hours of Instruction. For all courses under the requirements of this chapter, an "instructional hour" means a period of time of at least fifty minutes of instruction or other learning activity. In-class instruction and testing in any course shall not exceed seven and one-half hours per day. The school shall hold all in-class instruction between the hours of 7:00 a.m. and 10:00 p.m. with breaks totaling at least fifteen minutes every two hours. The schedule must allow reasonable time for preparation for each classroom session. All in-class instruction for Brokers Prelicense course students shall be separate from all in-class instruction for Salespersons Prelicense course students. Instructors shall utilize no more than thirty minutes of audio or video material toward meeting any required in-class (or makeup) hours of instruction unless the Commission grants written authorization for such material prior to its use.

(4)

Prelicense Courses.

(a)

Documentation Required for Offered Courses. For each prelicense course, the approved school must maintain and make readily available to an authorized representative of the Commission the following documentation:

(1)

Course Outline. A detailed course outline that identifies the hours to be spent on each subject area to be covered in the course and all planned exercises that students are required to complete.

(2)

Learning Objectives. A detailed list of learning objectives for each instructional hour of the course. A learning objective is part of the overall goal of the course. An objective states, in terms that are measurable, what the student should be able to do, explain, or demonstrate upon mastery of the content of each hour of instruction.

(3)

Texts. A list of text materials utilized in the course;

(4)

Evaluation Materials. Copies of daily tests, final examinations, or other materials used to evaluate student performance;

(5)

Student Records. - Records that identify each student and the student's attendance record and final grade for any course; and

(6)

Course Evaluations. Written summaries of student evaluations of the courses.

(7)

Ethics. Every course offered by an approved school for prelicense credit must include acknowledgment and coverage of the ethical implications of the subject matter of the course.

(8)

Additional Subjects. Schools may offer units of instruction on subjects other than those required for courses cited in this Rule only with prior written authorization from the Commission.

(9)

Reading Assignments and Exercises. For all prelicense courses cited in this Rule, schools must include with each instructional unit appropriate reading assignments for completion out of class. The school shall also require that students complete out of class extensive written exercises that the school grades.

(10)

Student Certifications. Each out of class written assignment a student submits for grading must include the following:

I certify that I have personally completed this assignment.

Date Student's Signature

The school shall refuse to grade any out of class written assignment on which the student does not sign this statement.

(11)

An approved instructor and/or the school coordinator/director must grade the written course work required of students.

(b)

Community Association Managers Prelicense Course. A Community Association Managers Prelicense Course must provide for a minimum of twenty-five instructional hours. Schools may not count time students spend on breaks as part of in-class instruction time. Time students spend in taking graded exercises and tests or final examinations may not constitute more than ten percent of in-class instruction time. The course must cover fundamentals in the following areas:

1.

property law including Georgia laws on common interest ownership, public rights and limitations, and fair housing laws;

2.

forms of ownership including planned unit development (PUD), homeowner's associations, condominiums, cooperatives, timeshares, townhouses, and master association relationships and how to interpret community association governing documents;

3.

contracts and transaction documents including the content and negotiation of management agreements, the nature and content of insurance documents, and resale certificates;

4.

real estate instruments and conveyances including notices, proxies, and liens and amendments to documents and the requirements for reinstatement;

5.

law of agency including identifying and understanding agency relationships and duties between community association managers and association boards, members, and tenants of members; single and dual agency; and agency disclosure;

6.

financing instruments and basic accounting practices including principles of accounting for trust accounts, for common interest associations, and for lender requirements for recertification;

7.

Georgia real estate license law;

8.

ethics in community association management;

9.

environmental laws;

10.

safety precautions; and/or

11.

such other areas as the Commission may from time to time require or authorize.

(c)

Salespersons Prelicense Course. A Salespersons Prelicense Course must provide for a minimum of seventy-five instructional hours. Schools may not count time students spend on breaks as part of the required instruction time. Time students spend in taking graded exercises and tests or final examinations may not constitute more than ten percent of the required instruction time. The course must cover fundamentals in the following areas:

1.

real estate contracts including completing and presenting form real estate sales contracts with extensive practice with problems involving new FHA, VA, and conventional loans; loan assumptions; brokerage engagements; and leases (students must demonstrate proficiency in completing such form contracts by passing a school developed and administered test or by satisfying such other assessment measurements established by the school as the Commission may authorize);

2.

real estate instruments and conveyances;

3.

closing procedures (RESPA) including a salesperson's responsibilities at a loan closing conducted by someone else and an explanation of standard closing procedures and documents used in the salesperson's services area;

4.

law of agency including agency disclosure;

5.

pricing real property (students must demonstrate proficiency in preparing forms which document such pricing by passing a school developed and administered test or by satisfying such other assessment measurements established by the school as the Commission may authorize);

6.

real estate financing including extensive practice in estimating costs of selling and purchasing property and estimating monthly payments (students must demonstrate proficiency in completing forms which document such estimates by passing a school developed and administered test or by satisfying such other assessment measurements established by the school as the Commission may authorize);

7.

Georgia's Residential Mortgage Fraud law and methods for identifying possible fraud in transactions and properly reporting alleged fraud;

8.

community association management activities and property management activities;

9.

environmental laws;

10.

taxation;

11.

city and urban development;

12.

fair housing;

13.

anti-trust laws;

14.

safety precautions;

15.

Georgia's real estate license law; and/or

16.

such other areas as the Commission may from time to time require or authorize.

(d)

Brokers Prelicense Course. A Brokers Prelicense Course must provide for a minimum of sixty instructional hours. Schools may not count time students spend on breaks as part of the required instruction time. Time students spend in taking graded exercises and tests or the final examination may not constitute more than ten percent of the required instruction time. The Brokers Prelicense Course must review all subject areas covered in the Salespersons Prelicense Course so that students may learn advanced concepts in those areas. In addition, the course must include significant components covering conducting loan closings, real estate office management, personnel policies, trust account record keeping, discharging a broker's responsibility for associate licensees, and/or such other areas as the Commission may from time to time require or authorize.

(5)

Sales Postlicense Course.

(a)

Documentation Required for Offered Courses. For each postlicense course, the school must maintain and make readily available to an authorized representative of the Commission the following documentation:

(1)

Course Outline. A detailed course outline that identifies the hours to be spent on each subject area to be covered in the course and all planned exercises that students are required to complete;

(2)

Learning Objectives. A detailed list of learning objectives for each instructional hour of the course. A learning objective is part of the overall goal of the course. An objective states, in terms that are measurable, what the student should be able to do, explain, or demonstrate upon mastery of the content of each hour of instruction;

(3)

Texts. A list of text materials utilized in the course;

(4)

Evaluation Materials. Copies of daily tests, final examinations, or other materials used to evaluate student performance;

(5)

Student Records. Records that identify each student and the student's attendance record; and

(6)

Course Evaluations. Written summaries of student evaluations of the courses.

(7)

Ethics. Every course offered by an approved school for postlicense credit must include acknowledgment and coverage of the ethical implications of the subject matter of the course.

(b)

A Sales Postlicense Course must provide for a minimum of twenty-five instructional hours. Schools may not count time students spend on breaks as part of the required instruction time. Time students spend in taking graded exercises and tests or final examinations may not constitute more than ten percent of the required instruction time. The curriculum of the course must focus on legal fundamentals and/or basic practices in sales or management of residential, agricultural, commercial, or industrial properties. If the subject matter of the course addresses residential sales, then the course must include a component on Georgia's Residential Mortgage Fraud law and methods for identifying possible fraud in transactions and properly reporting alleged fraud.

(6)

Continuing Education Courses. Every approved school must offer every calendar year a course designed to help licensees meet the continuing education requirements of O.C.G.A. § 43-40-8(e). This course or courses shall be in addition to the Community Association Managers Prelicense, Salespersons Prelicense, Sales Postlicense, or Brokers Prelicense Course.

(a)

Documentation Required for Offered Courses. For each continuing education, course, the approved school must maintain and make readily available to an authorized representative of the Commission the following documentation:

(1)

Course Outline. A detailed course outline that identifies the hours to be spent on each subject area to be covered in the course and all planned exercises that students are required to complete

(2)

Learning Objectives. A detailed list of learning objectives for each instructional hour of the course. A learning objective is part of the overall goal of the course. An objective states, in terms that are measurable, what the student should be able to do, explain, or demonstrate upon mastery of the content of each hour of instruction.

(3)

Texts. A list of text materials utilized in the course;

(4)

Student Records. Records that identify each student and the student's attendance record; and

(5)

Course Evaluations. Written summaries of student evaluations of the courses.

(b)

Duration of Classes. No school may offer a continuing education course of fewer than three credit hours. A credit hour is defined as an "instructional hour" means a period of time of at least fifty minutes of instruction or other learning activity. In-class instruction and testing in any course must not exceed seven and one-half clock hours per day.

(c)

Subject Areas. In order to provide reasonable guidelines for approved schools but without defining every area or topic of continuing education, the Commission has identified the following areas or topics of continuing education that are considered appropriate for continuing education in addition to the areas or topics found in paragraph (4) of this Rule. These areas or topics of continuing education are:

1.

all forms of real estate including agricultural, commercial, and industrial;

2.

real estate development and construction

3.

real estate legal descriptions, plats, and surveys;

4.

land use and zoning;

5.

property management, landlord/tenant issues;

6.

real estate ad valorem taxes;

7.

real estate title issues;

8.

water rights;

9.

real estate income tax issues;

10.

real estate inspections;

11.

business brokerage;

12.

real estate auctions;

13.

ethics; and

14.

such other subjects as the Commission may deem appropriate.

The Commission has identified the following areas or topics that may not be considered appropriate areas or topics of continuing education unless the area or topic has the prior written authorization of the Commission. Courses designed for the personal growth, business development, or to specifically benefit the real estate licensee are discouraged. The areas or topics of continuing education that may not be considered appropriate for continuing education include, but are not limited to:

1.

the psychology of selling;

2.

personality assessments;

3.

business development;

4.

personal real estate investing;

5.

retirement planning;

6.

personal or business branding such as dress and presentation techniques;

7.

motivational classes or seminars;

8.

time management classes;

9.

sales and marketing techniques unrelated to real estate;

10.

instruction in the use of technology, computers, or other devices; and

11.

training in social media;

Courses that have already been issued a course approval code may continue until such time as further approval may be required.

(d)

Courses Exceeding Twenty-Four Hours. The Commission will accept any course for continuing education credit that exceeds twenty-four classroom hours in length only if such course also meets all requirements for approval as a Sales Postlicense course.

(e)

Repeating Courses. A licensee who has successfully completed a course to meet any part of such licensee's continuing education credit may not repeat that course unless at least one full year has passed since the completion of that course.

(f)

Effective July 1, 2020, any course developed to qualify as a continuing education course on the topic of license law under Rule 520-1-.05(1)(e) shall have a minimum of three credit hours and shall contain a review of material limited to the following areas of license law:

(1)

The effects on license status by a licensee of prohibited conduct found in O.C.G.A. § 43-40-15(c), (d), (e), (f), (g), (h), (i), (j), (k), and (m);

(2)

Requirements of a qualifying broker and an affiliated licensee upon transfer of a license from one firm to another under O.C.G.A. 43-40-19 and Rule 520-1-.07(5);

(3)

Requirements of a qualifying broker and affiliate licensee concerning trust or escrow accounts under O.C.G.A. § 43-40-20 and under Rule 520-1-.08;

(4)

Unfair trade practices prohibited by O.C.G.A. § 43-40-25(b);

(5)

Brokerage relationships under Rule 520-1-.06;

(6)

Management responsibilities of real estate firms under Rule 520-1-.07(4), (5) and 6;

(7)

Advertising under O.C.G.A. § 43-40-25(b)(1), (2), (11), (12) and (21) and Rule 520-1-.09;

(8)

Handling real estate transactions under Rule 520-1-.10; and

(9)

Licensees acting as principals under Rule 520-1-.11.

(7)

Teaching Methods. While instructors may use such teaching methods as lecture, discussion, questions and answers, etc. in in-class sessions, instruction should also include role play, simulations, or other similar instructional techniques designed to assist students in mastering such skills as writing offers, presenting offers, calculating costs, pricing property, and complying with fair housing laws.

(8)

Interactive Instruction Required. Schools must present courses to students through interactive instructional techniques. Examples of interactive instruction include such teaching techniques as providing a student (1) the opportunity for immediate exchange with an instructor in a classroom setting and (2) immediate assessment and remediation through computer assisted or other audio or audiovisual interactive instruction. Schools shall not attempt to provide instruction primarily by having students (a) read text material, (b) listen to audio tapes, (c) watch video tapes or films, or (d) study questions similar to those on the state licensing examinations or by combining elements of (a) through (d) above.

(9)

Distance Education Courses. Distance education is comprised of courses in which instruction does not take place in a traditional classroom setting but rather through other media in which distance and time separate teacher and student. Schools generally deliver distance education courses through such media as telecommunications or by computer. The Commission approves distance education courses:

(a)

that meet all of the requirements of this chapter, or

(b)

for which the applicant provides satisfactory documentation that the Association of Real Estate License Law Officials (ARELLO) has certified the course as meeting its distance education standards. Any Commission approval based on such an ARELLO certification will cease immediately upon notice from ARELLO that ARELLO has discontinued such certification of the course for any reason. Synchronous Internet Courses or "Webinar" Courses require ARELLO certification. In distance education courses, a credit hour is defined as sixty minutes of instruction.

(10)

Computer-Based Courses. The Commission approves the offering of computer-based courses that meet the specific standards of this Rule and all other applicable requirements of this Chapter.

(a)

Teach to Mastery. Every course offered under this Rule must teach to mastery. Teaching to mastery means that the course must, at a minimum:

1.

divide the material into major units as approved by the Commission;

2.

divide each of the major units of content into modules of instruction for delivery on a computer;

3.

specify the learning objectives for each module of instruction. The learning objectives must be comprehensive enough to insure that if all the objectives are met, the student will master the entire content of the course;

4.

specify an objective, quantitative criterion for mastery used for each learning objective;

5.

implement a structured learning method by which each student is able to attain each learning objective;

6.

provide means of diagnostic assessment of each student's performance on an ongoing basis during each module of instruction. This assessment process must measure what each student has learned and not learned at regular intervals throughout each module of instruction, and the diagnostic assessment must specifically assess the mastery of each concept covered in the content material.

7.

provide a means of tailoring the instruction to the needs of each student as identified in (10) (a) 5. above. The process of tailoring the instruction must insure that each student receives adequate remediation for specific deficiencies identified by the diagnostic assessment;

8.

continue the appropriate remediation on an individualized basis until the student demonstrates achievement of each mastery criterion;

9.

require that the student demonstrate mastery of all material covered by the learning objectives for the module before the student completes the module; and

10.

consist of interactive computer-based instructional material which will reasonably require a student completing the course to expend the number of hours for which the school offers the course.

(b)

Documentation of Methodology. Prior to the development of specific computer-based courses to be offered to meet prelicense, postlicense, and continuing education requirements, a school must submit to the Commission for its approval satisfactory documentation of the method by which the course will accomplish each element of mastery in paragraph (a) of this Rule. If the Commission authorizes that method, the school may utilize that method in developing any courses it may offer to meet licensees' education requirements under this chapter. The school must base the rationale for the educational processes implemented with computer-based study on sound instructional strategies systematically designed and proven effective through educational research and development. The school must specify the basis and rationale for any proposed instructional approach in any request for approval.

(c)

Required Testing and Evaluation of Courses. Courses offered under this Rule must also meet the criteria outlined in this Rule except those covering in-class instruction. Except where the Commission has granted permission in writing to do otherwise, persons developing computer-based courses must:

1.

when developing prelicense courses for salespersons and community association managers, utilize at least nine persons in testing programs in order to evaluate for the developer the quality of content and the user friendliness of software and hardware. Of those nine persons, at least three must be unlicensed, at least three must be licensed salespersons or community association managers, and at least six must be non-educators. Persons developing any other courses for education credit for licensees must utilize at least six persons in testing programs in order to evaluate for the developer the quality of the content and the user friendliness of software and hardware. Of those six persons at least four must be non-educators and no more than two may be brokers, unless the course will only be offered to brokers. Persons developing such courses must document that those testing the programs have varying skill and knowledge levels of computers and real estate; and

2.

make reasonably available to an authorized representative of the Commission documentation on the development and testing processes utilized in its computer-based courses.

(d)

The Commission has determined that the following types of programs do not meet the requirements of this Rule:

1.

those programs that consist primarily of text material presented on a computer or other audio or audiovisual programs rather than in printed material;

2.

those programs that consist primarily of questions similar to those on the state licensing examination;

3.

Those programs that consist primarily of combinations of the elements in 1. and 2. above.

(e)

An approved instructor and/or the school coordinator/director must supervise the grading of the written course work required of students in computer-based courses.

(f)

Every computer-based course for the Community Association Managers Prelicense Course must consist of interactive computer-based programs that will reasonably require the student to expend at least twenty-five hours in completing the content areas identified in paragraph (4) of this Rule. Every computer-based course for the Salespersons Prelicense course must consist of interactive computer-based programs that will reasonably require the student to expend seventy-five hours in completing the content areas identified in paragraph (4) of this Rule. Every computer-based course for the Sales Postlicense Course must consist of interactive computer-based programs that will reasonably require the student to expend twenty-five hours in completing the content areas identified in paragraph (4) of this Rule. Every computer-based course for the Brokers Prelicense course must consist of interactive computer-based programs that will reasonably require the student to expend sixty hours in completing the content areas identified in paragraph (4) of this Rule. Every computer-based course for continuing education must consist of interactive computer-based instructional material that will reasonably require the student completing the course to expend the number of hours for which the school offers the course.

(g)

Every school offering a computer-based course under the requirements of this Chapter must offer those courses under an instructor. For the Community Association Managers, Salespersons Prelicense, and Brokers Prelicense courses, the school must offer those courses under an approved instructor. Every instructor in a computer-based course must:

1.

be available to answer students' questions or provide them assistance as necessary;

2.

provide reasonable oversight of students' work in order to insure that the student who completes the work is the student who is enrolled in the course;

3.

certify students as successfully completing a computer-based course only if the student:

(i)

has completed all instructional modules required to demonstrate mastery of the material,

(ii)

has attended any hours of live instruction and/or testing required for a given course, and

(iii)

has passed the final examination for the Community Association Managers, Salespersons Prelicense, Sales Postlicense, Brokers Prelicense or any test required by a continuing education course.

4.

obtain from each student the following certification statement:

I certify that I have personally completed each assigned module of instruction. I understand that if any other person has completed any module of instruction or any part of this course required for completion of the course, the school may not award credit for the course or may withdraw credit already awarded for the course.

Date Student's Signature

A school or instructor may permit a student to complete this statement in an electronic or internet format in any computer-based or distance learning course. A school must provide prior documentation or demonstration to the Commission of the method by which the school will acquire this statement. The Commission must authorize the method of requiring this certification.

(h)

Schools may provide homework exercises, contract forms, or other assessment exercises required in courses in a computer-based or internet delivery format. A school must provide prior documentation or demonstration to the Commission of the delivery methods prior to offering such exercises or assessments. The Commission must authorize the delivery method offered by the school.

(i)

Schools may permit students in computer-based or distance-learning courses to complete written homework exercises, standard forms, or other assessment exercises. Each written assignment a student submits for completion of a computer-based or distance learning course must include the following:

"I certify that I have personally completed this assignment. I understand that if any other person has completed any assignment, contract form, or other written assessment required for completion of the course, the school may not award credit for the course or may withdraw credit already awarded for the course."

Date Student's Signature

(11)

Course Examinations. Every Community Association Managers Prelicense, Salespersons Prelicense, Sales Postlicense, and Brokers Prelicense Courses must conclude with an examination administered by the approved school.

(a)

Scheduling. Schools shall administer final examinations for every Salesperson Prelicense and Brokers Prelicense Courses on a day when the course holds no in-class instruction. Schools may administer final examinations for every Community Association Managers Prelicense Course and Salespersons Postlicense Course on the last day of in-class instruction.

(b)

Passing Score. On final examinations administered for Community Association Managers Prelicense, Salespersons Prelicense, Sales Postlicense, and Brokers Prelicense Courses, schools must require that students achieve a passing score on the final examination that is consistent with the passing score required on state qualifying examinations for these licenses unless a school has first obtained the written permission of the Commission to require a different passing score.

(c)

Retaking a Course Examination. Schools may elect to allow any student who fails to achieve a passing score to take another examination on another day without repeating instruction. If a student fails to achieve a passing score on a second final examination, the student must repeat all instruction of that course before taking another examination.

(d)

Security. Schools must maintain at least two forms of a final examination for each course and must provide the Commission, upon its request, with reasonable assurances that examinations are secure from distribution to students except upon administration of an examination. These final examinations are evaluation tools, not teaching tools. While schools may supply students with information regarding their individual proficiency in areas of the examination, they must not review specific questions from these examinations with students. The Commission may impose any sanction permitted by law on the approval of any school and/or instructor that fails to provide proper security for examinations.

(e)

Content Areas for Salespersons Prelicense Examination. The final examination for the Salespersons Prelicense Course must include at least five questions each on (a) brokerage engagements, (b) legal descriptions and legal aspects of contracts, (c) methods of payment and earnest money, (d) special stipulations and writing sales contracts, (e) leases and fair housing, (f) licensees acting as principals, (g) anti-trust laws, (h) basic finance, (i) loan types, (j) pricing property, (k) seller's costs, (l) qualifying purchasers and purchaser's costs, (m) contract closing, and (n) such other matters as the Commission may from time to time require or authorize.

(f)

Examination Formats. Final Examinations for prelicense and postlicense courses should attempt to measure the student's competence in the knowledge or skills taught in the course. A school need not submit a course final examination to the Commission if: (1) the examination consists of multiple choice questions with a minimum of four choices of answers for each question; (2) the final examination for the Salespersons Prelicense Course and the Brokers Prelicense Course consists of no fewer than one hundred questions; and (3) the final examination for the Community Association Managers Prelicense Course and the Sales Postlicense Course consists of no fewer than fifty questions. A school must submit to the Commission for approval any course final examination that does not meet the above criteria prior to the examination's being administered for the course.

(g)

Proctoring. Schools must provide proctors for all final examinations for prelicense and postlicense courses and for any continuing education courses that require the passing of a final examination in order to receive credit for the course. The school director, coordinator, approved instructor, or other person designated by the school director or coordinator may administer or proctor final examinations in courses. The school director or coordinator must insure that examinations are conducted according to the requirements of this chapter.

(12)

Alternatives for Meeting Prelicense Course Requirements.

(a)

College Courses. Applicants for examination may qualify to sit for examination by presenting college transcripts that show courses in real estate subjects of at least ten quarter hours or six semester hours if the application is for the salesperson's examination or fifteen quarter hours or nine semester hours if the application is for the broker's examination. Applicants for the community association manager's examination may qualify to sit for the examination by presenting college transcripts that show real estate courses of at least four quarter hours or two semester hours with a concentration in community associations and community association management.

1.

Applicants must submit an official transcript at the time of making application for examination; and the applicant may be required to provide a description of the course or courses from the school's catalogue or bulletin.

2.

Only courses which count towards the student's obtaining a major in the field of real estate or courses dealing with principles, fundamentals, or essentials of real estate and only courses in agency, real property law, and contract law at a school of law will satisfy this requirement. College correspondence courses and courses that qualify for continuing education units do not satisfy the requirements of this Rule.

(b)

Credits for Instructors. The Commission shall approve as meeting the education requirements for examination any instructor who submits satisfactory proof that he or she has taught a course or courses named in this Rule within two years prior to making application to sit for an examination.

(c)

Sales I, Sales II, and Sales III. Applicants who successfully completed all three of the Sales I, Sales II, and Sales III courses prior to January 1, 1993, may present certificates of completion of those courses from approved schools in order to sit for the qualifying examination for a salesperson's license.

(d)

Courses Approved by Other Jurisdictions. Prelicense education courses for community association managers, salespersons, and brokers authorized by the regulatory body that regulates real estate licensees in any state, district, territory, possession, or province of the United States or Canada are approved as meeting the corresponding prelicense education requirements in Georgia provided that such courses are similar in credit hours earned to Commission required prelicense courses and are offered through classroom instruction or through computer-based instruction that is consistent with the standards of these regulations.

(13)

Alternatives for Meeting Continuing Education Requirements.

The Commission shall deem a licensee to have met the continuing education requirement of O.C.G.A. § 43-40-8(e) for a renewal period if the licensee successfully completes in a renewal period any of the following courses that have at least the total number hours of instruction the law requires the licensee to complete:

(a)

Prelicense and Post-license Courses. Licensees may obtain continuing education credits by successfully completing during a renewal period a Community Association Managers Prelicense, Salespersons Prelicense, Sales Post-license, or Brokers Prelicense course. Salespersons who complete the twenty-five hour Sales Post-license course in their first year of licensure may count that course as meeting nine (9) hours of the continuing education requirement for the first renewal period.

(b)

College Courses. A licensee may obtain continuing education credit for a renewal period by completing at an accredited college or university any course of four quarter hours or two semester hours

1.

which counts toward obtaining a major in the field of real estate or courses dealing with principles, fundamentals, or essentials of real estate;

2.

which counts toward obtaining a major in business administration, accounting, finance, or marketing offered by a college or university accredited by one the regional accrediting associations recognized by the United States Department of Education; and

3.

in courses in agency, real property law, and contract law at an accredited school of law. Licensees may not use college correspondence courses or college continuing education courses to qualify under this Rule.

(c)

Credits for Instructors. The Commission shall deem the continuing education requirement for a real estate renewal period as met by any instructor who submits satisfactory written proof that he or she has taught any of the courses offered under the requirements of this Chapter for a total of the hours required under Rule 520-1-.05(1) (d) during the renewal period in which the instructor is applying for a renewal of a real estate license.

(d)

Non-resident Licensees. The Commission shall deem the continuing education requirement as met by any nonresident licensee who submits satisfactory written proof that he or she has met the continuing education requirement of his or her state of residence during the renewal period in which the licensee is applying for a renewal of a real estate license. If the state of residence of a nonresident licensee does not require continuing education, then such nonresident licensee must meet the continuing education requirements of a resident licensee.

(e)

Courses Approved by Other Jurisdictions. Licensees may use continuing education courses authorized by the regulatory body that regulates real estate licensees in any state, district, territory, possession, or province of the United States or Canada to count toward meeting the continuing education requirement for real estate licensees in Georgia. The Commission deems such courses as meeting continuing education requirements only if a school offers the courses through classroom instruction or through computer based instruction that is consistent with the standards for computer based courses or distance education described in this Rule and only if the course is for three or more credit hours.

(14)

Verification of Course Completion.

The Commission may require licensees completing courses under this Rule to submit transcripts or other verification of completion that the Commission deems necessary and adequate.

Cite as Ga. Comp. R. & Regs. R. 520-2-.04

Authority: O.C.G.A. §§ 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Instructors and School Directors/Principals" adopted as ER. 520-2-0.2-.04. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Amended: F. Jan. 17, 1977; eff. Feb. 6, 1977.

Repealed: New Rule entitled "Resident Course for Broker's Examination" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. June 5, 1980; eff. July 1, 1980, as specified by the Agency.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Salesperson's First Year and Second Year Courses" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule entitled "Course Examinations" adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Sept. 15, 1988; eff. Oct. 5, 1988.

Amended: F. Nov. 10, 1988; eff. Dec. 1, 1988, as specified by the Agency.

Amended: F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. Aug. 17, 1993; eff. Sept. 6, 1993.

Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

Amended: F. Sept. 8, 1995; eff. Sept. 28, 1995.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Amended: F. Mar. 2, 1999; eff. Mar. 22, 1999.

Amended: F. Feb. 14, 2002; eff. Mar. 6, 2002.

Amended: F. Apr. 11, 2002; eff. May 1, 2002.

Repealed: New Rule entitled "Real Estate Courses" adopted. F. May 2, 2005; eff. May 22, 2005.

Amended: F. Jan. 12, 2006; eff. Feb. 1, 2006.

Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended:Nov. 2, 2011; eff. Nov. 22, 2011.

Amended: F. July 10, 2014; eff. August 1, 2014, as specified by the Agency.

Amended:Aug. 14, 2014; eff. Sept. 3, 2014.

Amended: F. June 9, 2016; eff. June 29, 2016.

Amended: F. Jan. 21, 2020; eff. July 1, 2020, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-2-.05 Sanctions and Citations

Ga. Comp. R. & Regs. r. 520-2-.05 Sanctions and Citations

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.05. Sanctions and Citations

(1)

Violations.Any violation of the provisions of this Chapter, any falsification or misrepresentation on the application for approval or renewal, or any falsification or misrepresentation of any other reports, certifications, or applications required to be submitted by this Chapter may result in withdrawal of approval or any other sanction permitted by O.C.G.A. Section 43-40-25 or any citation permitted by O.C.G.A. Section 43-40-25.2.

(2)

Schools. Any prelicensing school whose annual percentage of students passing the real estate examination falls ten percentage points or more below the percent of total examinees passing the state real estate examination in any calendar year may have its approval withdrawn or have one of the sanctions allowed by O.C.G.A. § 43-40-25 imposed on it or any citation permitted by O.C.G.A. § 43-40-25.2.

(3)

Instructors. If an instructor or an application for instructor has a real estate license and that license is sanctioned by the Commission, such sanction may be grounds for Commission withdrawal of approval or denial of approval as an instructor.

(4)

Hearings. Before imposing any sanction for a violation of this Chapter, the Commission shall afford a hearing in accordance with the "Georgia Administrative Procedure Act" O.C.G.A. Chapter 50-13 to the school or instructor allegedly violating this Chapter.

see also O.C.G.A. §§ 43-40-2, 43-40-8, & 43-40-25.

Cite as Ga. Comp. R. & Regs. R. 520-2-.05

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8. 43-40-25.

History. Original Rule entitled "Examinations" adopted as ER. 520-2-0.2-.05. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Correspondence Course" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. June 5, 1980; eff. July 1, 1980, as specified by the Agency. A

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Correspondence Courses" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Jan. 14, 1988, eff. Feb. 3, 1988.

Amended: F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Repealed: New Rule entitled "Independent Study Courses" adopted. F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: Rule retitled "Computer-Based Courses". F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Amended: F. Feb. 14, 2002; eff. Mar. 6, 2002.

Repealed: New Rule entitled "Sanctions" adopted. F. May 2, 2005; eff. May 22, 2005.

Amended: Title changed to "Sanctions and Citations." F. Jan. 24, 2014; eff. Feb. 15, 2014, as specified by the Agency.

Ga. Comp. R. & Regs. r. 520-2-.06 Repealed

Ga. Comp. R. & Regs. r. 520-2-.06 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.06. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.06

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Name and Use of Commission Approval" adopted as ER. 520-2-0.2-.06. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Course of Georgia Law Only" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. June 5, 1980; eff. July 1, 1980, as specified by the Agency.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Jun. 13, 1991; eff. July 3, 1991.

Amended: Rule retitled "Distance Education Courses". F. May 13, 1999; eff. June 2, 1999.

Amended: F. Apr. 15, 2004; eff. May 5, 2004.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.07 Repealed

Ga. Comp. R. & Regs. r. 520-2-.07 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.07. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.07

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Georgia Proprietary School Act" adopted as ER. 520-2-0.2-.07. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Prohibition of Recruiting" adopted. F. June 13, 1979; eff. July 3, 1979.

Repealed: New Rule of same title adopted. F. Aug. 16, 1979; eff. Sept. 5, 1979.

Amended: Rule amended by changing the authority from Ga. Code Secs. 84-1405(b) and (d), and 84-1411 to 43-40-2, 43-40-8, 43-40-25. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Rule repealed and a new Rule entitled "Six Hour Continuing Education Courses" adopted. Filed November 14, 1983; effective January 1, 1984, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed February 13, 1986; effective April 1, 1986, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed July 10, 1986; effective January 1, 1987, as specified by the Agency.

Amended: Title changed to "Renewal Continuing Education Courses". Filed July 1, 1987; effective July 21, 1987.

Amended: Rule repealed and a new Rule entitled "Continuing Education Courses" adopted. Filed July 9, 1987; effective August 1, 1987, as specified by the Agency.

Amended: Filed November 10, 1988; effective December 1, 1988, as specified by the Agency.

Amended: F. Feb. 19, 1990; eff. Mar. 11, 1990.

Amended: F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. Jun. 13, 1991; eff. July 3, 1991.

Amended: F. Oct. 16, 1992; eff. Nov. 5, 1992.

Amended: F. Jul. 19, 1994; eff. Aug. 8, 1994.

Amended: F. Apr. 17, 1995; eff. May 7, 1995.

Amended: F. Sept. 8, 1995; eff. Sept. 28, 1995.

Amended: F. Jun. 14, 1996; eff. July 4, 1996.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.08 Repealed

Ga. Comp. R. & Regs. r. 520-2-.08 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.08. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.08

Authority: O.C.G.A Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Students" adopted as ER. 520-2-0.2-.08. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Renewal of Approval" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Instructors and Facilities" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: Rule retitled "Instructors". F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.09 Repealed

Ga. Comp. R. & Regs. r. 520-2-.09 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.09. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.09

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. . Original Rule entitled "Changes" adopted as ER. 520-2-0.2-.09. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Maintenance of Records" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Minimum Standards for Students" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.10 Repealed

Ga. Comp. R. & Regs. r. 520-2-.10 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.10. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.10

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Violations" adopted as ER. 520-2-0.2-.10. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Name and Use of Commission Approval" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Maintenance of Records" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Jan. 14, 1988; eff. Feb. 3, 1988.

Amended: F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. Apr. 17, 1995; eff. May 7, 1995.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Amended: F. Feb. 14, 2002; eff. Mar. 6, 2002.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.11 Repealed

Ga. Comp. R. & Regs. r. 520-2-.11 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.11. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.11

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Georgia Proprietary School Act" was filed on June 13, 1979, effective July 3, 1979.

Amended: Rule repealed and a new Rule entitled "Notice to Students of Approval" adopted. Filed May 8, 1981; effective June 1, 1981, as specified by the Agency.

Amended: Rule amended by changing the authority from Ga. Code Secs. 84-1405(b) and (d), and 84-1411 to 43-40-2, 43-40-8, 43-40-25. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed November 14, 1983; effective January 1, 1984, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed July 10, 1986; effective January 1, 1987, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. Jun. 13, 1991; eff. July 3, 1991.

Amended: F. Apr. 17, 1995; eff. May 7, 1995.

Amended: Rule retitled "Notice of Students". F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.12 Repealed

Ga. Comp. R. & Regs. r. 520-2-.12 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.12. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.12

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Minimum Standards for Students" was filed on June 13, 1979; effective July 3, 1979.

Amended: Rule amended by changing the authority from Ga. Code Secs. 84-1405(b) and (d), and 84-1411 to 43-40-2, 43-40-8, 43-40-25. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Rule repealed and a new Rule entitled "Renewl of Approval" adopted. Filed November 14, 1983; effective January 1, 1984, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed July 10, 1986; effective January 1, 1987, as specified by the Agency.

Amended: Filed September 10, 1987, effective September 30, 1987.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.13 Repealed

Ga. Comp. R. & Regs. r. 520-2-.13 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.13. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.13

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Changes" was filed on June 13, 1979; effective July 3, 1979.

Amended: Rule amended by changing the authority from Ga. Code Secs. 84-1405(b) and (d), and 84-1411 to 43-40-2, 43-40-8, 43-40-25. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Filed February 10, 1983; effective March 3, 1983, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed November 14, 1983; effective January 1, 1984, as specified by the Agency.

Amended: Rule repealed and a new Rule entitled "Changes and Exceptions" adopted. Filed July 10, 1986; effective January 1, 1987, as specified by the Agency.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.14 Repealed

Ga. Comp. R. & Regs. r. 520-2-.14 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.14. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.14

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Continuing Education Requirements" was filed on June 13, 1979; effective July 3, 1979.

Amended: Rule amended by changing the authority from Ga. Code Secs. 84-1405(b) and (d), and 84-1411 to 43-40-2, 43-40-8, 43-40-25. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Rule repealed and a new Rule entitled "Advertising" adopted. Filed November 14, 1983; effective January 1, 1984, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed July 10, 1986; effective January 1, 1987, as specified by the Agency.

Amended: F. Aug. 11, 1989; eff. Sept. 1, 1989; as specified by the Agency.

Amended: F. Feb. 19, 1990; eff. Mar. 11, 1990.

Amended: F. Feb. 14, 1991; eff. Mar. 6, 1991.

Amended: F. Jun. 13, 1991; eff. July 3, 1991.

Amended: F. Jun. 14, 1996; eff. July 4, 1996.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.15 Repealed

Ga. Comp. R. & Regs. r. 520-2-.15 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.15. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.15

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Violations" was filed on June 13, 1979; effective July 3, 1979.

Amended: Rule repealed and a new Rule of the same title adopted. Filed August 5, 1982, effective November 1, 1982; as specified by the Agency.

Amended: Rule repealed and a new Rule entitled "Prohibition of Recruiting" adopted. Filed November 14, 1983; effective January 1, 1984, as specified by the Agency.

Amended: Rule repealed and a new Rule of the same title adopted. Filed July 10, 1986; effective January 1, 1987, as specified by the Agency.

Amended: F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.16 Repealed

Ga. Comp. R. & Regs. r. 520-2-.16 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.16. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.16

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Advertising" was filed on June 9, 1983; effective July 1, 1983, as specified by the Agency.

Amended: Rule repealed and a new Rule entitled "Violations" adopted. Filed November 14, 1983; effective January 1, 1984, as specified by the Agency.

Amended: Rule repealed and a new Rule of the same title adopted. Filed July 10, 1986; effective January 1, 1987, as specified by the Agency.

Amended: F. May 15, 1989; eff. July 1, 1989, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-2-.17 Repealed

Ga. Comp. R. & Regs. r. 520-2-.17 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-2. STANDARDS FOR REAL ESTATE COURSES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-2-.17. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-2-.17

Authority: O.C.G.A. Secs. 43-40-1; 43-40-2.

History. Original Rule entitled "Ethics" adopted F. Aug. 12, 1999; eff. Sept. 1, 1999.

Amended : F. Jan. 12, 2000; eff. Feb. 1, 2000.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.01 Repealed

Ga. Comp. R. & Regs. r. 520-3-.01 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.01. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.01

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Advertising" adopted. F. and eff. June 30, 1965.

Amended: F. Apr. 5, 1968; eff. Apr. 24, 1968.

Repealed: F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: New Rule entitled "Application for Examination" adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Purpose of Chapter" adopted. F. June 13, 1979; eff. July 3, 1979.

Repealed: New Rule of same title adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.02 Repealed

Ga. Comp. R. & Regs. r. 520-3-.02 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.02. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.02

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Offers to Purchase" adopted. F. and eff. June 30, 1965.

Repealed: F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: New Rule entitled "Purpose of Chapter" adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Types of Instructors" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. Aug. 16, 1979; eff. Sept. 5, 1979.

Amended: F. Nov. 16, 1979; eff. Dec. 6, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. Apr. 1, 1993; eff. Apr. 21, 1993.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: F. Dec. 10, 2003; eff. Dec. 30, 2003.

Amended: F. June 9, 2004; eff. June 29, 2004.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.03 Repealed

Ga. Comp. R. & Regs. r. 520-3-.03 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.03. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.03

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Closing" adopted. F. and eff. June 30, 1965.

Repealed: F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: New Rule entitled "Course Approval" adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Amended: F. Jan. 17, 1977; eff. Feb. 6, 1977.

Amended: F. Feb. 14, 1977; eff. Mar. 6, 1977.

Repealed: New Rule entitled "Approval Procedures" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.04 Repealed

Ga. Comp. R. & Regs. r. 520-3-.04 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.04. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.04

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-12, 43-40-25.

History. Original Rule entitled "Deposits" was filed and effective on June 30, 1965.

Amended: Rule repealed and a new Rule entitled "Escrow or Deposit Funds" adopted. Filed October 9, 1967; effective November 6, 1967, as specified by the Agency.

Amended: Filed June 4, 1968; effective June 24, 1968.

Amended: Rule repealed. Filed December 7, 1973; effective December 27, 1973.

Amended: Rule entitled "Instructors and School Directors/Principals" adopted. Filed September 26, 1975; effective October 16, 1975.

Amended: Filed January 17, 1977; effective February 6, 1977.

Amended: Rule repealed and a new Rule entitled "Renewal of Approval" adopted. Filed June 13, 1979; effective July 3, 1979.

Amended: Rule amended by changing the authority. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Rule repealed and a new Rule of same title adopted. Filed May 9, 1985; effective July 1, 1985, as specified by the Agency.

Amended: Filed May 13, 1987; effective July 1, 1987, as specified by the Agency.

Amended: F. Jun. 13, 1991; eff. July 3, 1991.

Amended: F. Feb. 13, 1992; eff. Mar. 4, 1992.

Amended: F. Dec. 8, 1992; eff. Dec. 28, 1992.

Amended: F. Sept. 8, 1995; eff. Sept. 28, 1995.

Amended: F. Apr. 12, 2001; eff. May 2, 2001.

Amended: F. Dec. 10, 2003; eff. Dec. 30, 2003.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.05 Repealed

Ga. Comp. R. & Regs. r. 520-3-.05 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.05. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.05

Authority: Ga. Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Brokers or Salesman's Personal Interest" was filed and effective on June 30, 1965.

Amended: Rule repealed and a new Rule entitled "Broker or Salesman Attempting to Act in Dual Capacity" adopted. Filed March 7, 1969; effective March 27, 1969.

Amended: Rule repealed. Filed December 7, 1973; effective December 27, 1973.

Amended: Rule entitled "Examinations" adopted. Filed September 26, 1975; effective October 16, 1975.

Amended: Rule repealed and a new Rule entitled "Evaluation of Instructors' adopted. Filed June 13, 1979; effective July 3, 1979.

Amended: Rule amended by changing the authority. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Filed November 14, 1983, effective January 1, 1984, as specified by the Agency.

Amended: Filed January 21, 1987; effective February 14, 1987, as specified by the Agency.

Amended: Filed January 14, 1988; effective February 3, 1988.

Amended: Filed June 7, 1988; effective July 1, 1988, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.06 Repealed

Ga. Comp. R. & Regs. r. 520-3-.06 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.06. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.06

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Disclosure of Finder's Fee to Purchase" adopted. F. Mar. 7, 1969; eff. Mar. 27, 1969.

Repealed: F. Dec. 7, 1973; eff. Dec. 27, 1973.

Amended: New Rule entitled "Name and Use of Commission Approval" adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Prohibition of Recruiting" adopted. F. June 13, 1979; eff. July 3, 1979.

Repealed: New Rule of same title adopted. F. Aug. 16, 1979; eff. Sept. 5, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.07 Repealed

Ga. Comp. R. & Regs. r. 520-3-.07 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.07. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.07

Authority: Georgia Code Secs. 43-40-2, 43-40-8, 43-40-25.

History. Original Rule entitled "Blockbusting Forbidden" was filed on July 1, 1969; effective July 21, 1969.

Amended: Rule repealed. Filed September 19, 1972; effective October 9, 1972.

Amended: Rule entitled "Georgia Proprietary Act" adopted. Filed September 26, 1975; effective October 16, 1975.

Amended: Rule repealed and a new Rule entitled "Violations" adopted. Filed June 13, 1979; effective July 3, 1979.

Amended: Rule repealed and a new Rule of the same title adopted. Filed August 5, 1982; effective November 1, 1982, as specified by the Agency.

Amended: Filed May 9, 1985; effective July 1, 1985, as specified by the Agency.

Repealed: F. May 2, 2005; eff. May 22, 2005.

Ga. Comp. R. & Regs. r. 520-3-.08 Repealed

Ga. Comp. R. & Regs. r. 520-3-.08 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.08. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.08

Authority: Ga. Code Secs. 84-1405(b), and 84-1411.

History. Original Rule entitled "Improper Use of Form Sales Contracts, etc. Prohibited" was filed July 23, 1969; effective August 11, 1969.

Amended: Rule repealed. Filed December 7, 1973; effective December 27, 1973.

Amended: Rule entitled "Students" adopted. Filed September 26, 1975; effective October 16, 1975.

Amended: Rule repealed. Filed June 13, 1979; effective July 3, 1979.

Ga. Comp. R. & Regs. r. 520-3-.09 Repealed

Ga. Comp. R. & Regs. r. 520-3-.09 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.09. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.09

Authority: Ga. Code Secs. 84-1405(b), 84-1405(d), and 84-1411.

History. Original Rule entitled "Changes" was filed on September 26, 1975; effective October 16, 1975.

Amended: Rule repealed. Filed June 13, 1979; effective July 3, 1979.

Ga. Comp. R. & Regs. r. 520-3-.10 Repealed

Ga. Comp. R. & Regs. r. 520-3-.10 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-3. STANDARDS FOR REAL ESTATE COURSE INSTRUCTORS

Current through Rules and Regulations filed through March 24, 2026

Rule 520-3-.10. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-3-.10

Authority: Ga. Code Secs. 84-1405(b), 84-1405(d), and 84-1411.

History. Original Rule entitled "Violations" was filed on September 26, 1975; effective October 16, 1975.

Amended: Rule repealed. Filed June 13, 1979; effective July 3, 1979.

Ga. Comp. R. & Regs. r. 520-4-.01 Hearing Procedures

Ga. Comp. R. & Regs. r. 520-4-.01 Hearing Procedures

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.01. Hearing Procedures

(1)

All hearings in "contested cases," as that term is defined in the Georgia Administrative Procedure Act (O.C.G.A. § 50-13-13), shall be conducted by the Office of State Administrative Hearings. All proceedings pending before the Office of State Administrative Hearings shall be governed by its rules and regulations. The Commission shall initiate all proceedings in contested cases by filing the requisite pleadings with the Office of State Administrative Hearings.

(2)

When the Commission denies an application for classification based on the applicant's failure to meet the requirements of O.C.G.A. § 43-40-15, notwithstanding the fact the applicant may have met the other requirements under O.C.G.A. § 43-40-15, the Commission shall notify the applicant of the denial and offer the applicant the opportunity to request a hearing before the Office of State Administrative Hearings.

Cite as Ga. Comp. R. & Regs. R. 520-4-.01

Authority: O.C.G.A. Secs. 43-40-2, 43-40-3.1, 43-40-14 to 43-40-18, 43-40-25, 43-40-27, 50-13.

History. Original Rule entitled "Procedural Rules" adopted. F. Dec. 21, 1976; eff. Jan. 10, 1977.

Repealed: New Rule entitled "General Information" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Amended: F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Amended: F. Oct. 4, 1989; eff. Oct. 24, 1989.

Amended: F. Feb. 9, 1995; eff. Mar. 1, 1995.

Repealed: New Rule entitled "Hearing Procedures" adopted. F. July 21, 1995; eff. August 10, 1995.

Amended: F. Dec. 11, 2002; eff. Dec. 31, 2002.

Ga. Comp. R. & Regs. r. 520-4-.02 General Information

Ga. Comp. R. & Regs. r. 520-4-.02 General Information

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.02. General Information

(1)

The following rules govern pre-hearing and post-hearing procedures in "contested cases" pending before the Georgia Real Estate Commission. The following rules do not apply to matters filed or pending before the Office of State Administrative Hearings.

(2)

The Commission shall maintain records indicating when it received all papers relating to every proceeding to which these rules apply.

(3)

The office of the Commission shall be open from 8:00 a.m. to 4:30 p.m. each week-day except Saturdays, Sundays, legal holidays, and such other times as the Governor shall declare state offices closed.

(4)

All documents, including requests for hearing or review of an initial decision, correspondence, motions, and pleadings related to any matters pending before the Commission and not pending before the Office of State Administrative Hearings, shall be filed with the Real Estate Commissioner, whose office is located at Suite 1000, International Tower, 229 Peachtree Street, N.E., Atlanta, Georgia 30303-1605. Copies shall be furnished by the party filing said documents to all parties of record, including the attorney representing the Commission.

(5)

All communications, correspondence, motions, and pleadings in any proceeding shall be deemed to be filed or received on the date on which they are actually received by the Commissioner.

(6)

Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. When the last day of the period so computed is a day on which the office of the Commission is closed, the period shall run until the end of the following business day. When such period of time, with the intervening Saturdays, Sundays, and legal holidays counted, is seven (7) days or less, the said Saturdays, Sundays, and legal holidays shall be excluded from the computation; otherwise such days shall be included in the computation.

(7)

It shall be within the discretion of the Commission to extend, for good cause shown, any time limit prescribed or allowed by these rules. Extensions shall be granted only when the Commission is satisfied that good cause has been shown and not otherwise.

(8)

Every notice, pleading, petition, motion, or other document filed by a party (other than the Commission) represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name and the attorney's address and telephone number shall be stated. A party who is not represented by an attorney shall sign the pleading and state the party's address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by the attorney that the attorney has read the pleading and that it is not interposed for delay.

(9)

No person not employed by the Commission shall communicate ex-parte with any member of the Commission or any employee of the Commission involved in the decisional process with respect to the merits of a contested case. If any ex-parte communication is directed to any person in violation of these rules, all parties shall be immediately informed of the substance of the communication and the circumstances of its receipt; provided, that a request for information with respect to the status of a proceeding shall not be prohibited by this section.

(10)

Any applicant/licensee named as a petitioner/respondent in a notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the applicant/licensee upon written request. That record shall be available to the applicant/licensee or the applicant/licensee's legal counsel at the Commission office during regular business hours. Charges for copies of any material from the applicant/licensee's investigative file shall be at a rate of $.25 per page with a minimum charge of $5.00. Any material from said investigative file to be mailed shall be mailed by certified mail or statutory overnight delivery, return receipt requested, at the applicant/ licensee's expense.

Cite as Ga. Comp. R. & Regs. R. 520-4-.02

Authority: O.C.G.A. Secs. 43-40-2, 43-40-3.1, 43-40-14 to 43-40-18, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Pleadings" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "General Information" adopted. F. July 21, 1995; eff. August 10, 1995.

Amended: F. Aug. 10, 2000; eff. Aug. 30, 2000.

Amended: F. Dec. 11, 2002; eff. Dec. 31, 2002.

Ga. Comp. R. & Regs. r. 520-4-.03 Service of Documents Generated by the Commission

Ga. Comp. R. & Regs. r. 520-4-.03 Service of Documents Generated by the Commission

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.03. Service of Documents Generated by the Commission

(1)

Service of proposed or final decision in a contested case shall be by personal delivery or by certified mail or statutory overnight delivery to the applicant/licensee's last address of record with the Commission. All other notices, pleadings, orders, motions, and other documents shall be served by hand delivery or first class mail to the last address of record with the Commission.

(2)

Service upon a party's attorney shall be deemed service upon the party.

Cite as Ga. Comp. R. & Regs. R. 520-4-.03

Authority: O.C.G.A. Secs. 43-40-2, 43-40-3.1, 43-40-14 to 43-40-18, 43-40-25, 43-40-25.2, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Motions" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "Service" adopted. F. July 21, 1995; eff. August 10, 1995.

Amended: F. Aug. 10, 2000; eff. Aug. 30, 2000.

Amended: Rule retitled "Service of Documents Generated by the Commission". F. Dec. 11, 2002; eff. Dec. 31, 2002.

Ga. Comp. R. & Regs. r. 520-4-.04 Posthearing Procedures

Ga. Comp. R. & Regs. r. 520-4-.04 Posthearing Procedures

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.04. Posthearing Procedures

(1)

Upon issuance of an initial decision by the Office of State Administrative Hearings, any party may request a review of the initial decision by filing the request in accordance with the provisions of Rule 520-4-.02 of the Commission within thirty (30) days from the date of filing of the initial decision by the Administrative Law Judge.

(2)

Any rejection or modification by the Commission of the findings of fact, conclusions of law, or disposition contained in an initial decision shall be supported by written reasons contained in the final decision by the Commission.

(3)

A party may move that the matter be remanded to the Office of State Administrative Hearings for purposes of taking additional testimony. Such motions shall be filed in accordance with the provisions of Rule 520-4-.02 of the Commission and shall be granted only for good cause shown. The Commission shall notify all parties of its action upon the motion.

(4)

All motions, briefs or other documents pertaining to matters pending before the Commission shall be filed with the Commission at least seven days prior to the scheduled hearing date.

(5)

All petitions for judicial review shall be filed in accordance with the Georgia Administrative Procedure Act, O.C.G.A. Chapter 50-13 and must be filed in Fulton County Superior Court.

Cite as Ga. Comp. R. & Regs. R. 520-4-.04

Authority: O.C.G.A. Secs. 43-40-2, 43-40-3.1, 43-40-14 to 43-40-18, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Service" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. Nov. 16, 1979; eff. Dec. 6, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "Posthearing Procedures" adopted. F. July 21, 1995; eff. August 10, 1995.

Amended: F. Dec. 11, 2002; eff. Dec. 31, 2002.

Ga. Comp. R. & Regs. r. 520-4-.05 Repealed

Ga. Comp. R. & Regs. r. 520-4-.05 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.05. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-4-.05

Authority: O.C.G.A. Secs. 43-40-2, 43-40-16, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Parties; Intervention" adopted. F. on June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985 as specified by the Agency.

Repealed: F. Jul. 21, 1995; Aug. 10, 1995.

Ga. Comp. R. & Regs. r. 520-4-.06 Repealed

Ga. Comp. R. & Regs. r. 520-4-.06 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.06. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-4-.06

Authority: O.C.G.A. Secs. 43-40-2, 43-40-16, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Evidence; Subpoenas" adopted. F. on June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985 as specified by the Agency.

Repealed: F. Jul. 21, 1995; eff. Aug. 10, 1995.

Ga. Comp. R. & Regs. r. 520-4-.07 Repealed

Ga. Comp. R. & Regs. r. 520-4-.07 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.07. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-4-.07

Authority: O.C.G.A. Secs. 43-40-2, 43-40-16, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Taking of Testimony by Deposition" adopted. F. on June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: F. Jul. 21, 1995; eff. Aug. 10, 1995.

Ga. Comp. R. & Regs. r. 520-4-.08 Repealed

Ga. Comp. R. & Regs. r. 520-4-.08 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.08. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-4-.08

Authority: O.C.G.A. Secs. 43-40-2, 43-40-16, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Stipulations" adopted. F. on June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Jul. 21, 1995; eff. Aug. 10, 1995.

Ga. Comp. R. & Regs. r. 520-4-.09 Repealed

Ga. Comp. R. & Regs. r. 520-4-.09 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.09. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-4-.09

Authority: O.C.G.A. Secs. 43-40-2, 43-40-16, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Hearings" adopted. F. on June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: F. Jul. 21, 1995; eff. Aug. 10, 1995.

Ga. Comp. R. & Regs. r. 520-4-.10 Repealed

Ga. Comp. R. & Regs. r. 520-4-.10 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.10. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-4-.10

Authority: O.C.G.A. Secs. 43-40-2, 43-40-16, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Consolidation and Continuances" adopted. F. on June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982 as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: F. Jul. 21, 1995; eff. Aug. 10, 1995.

Ga. Comp. R. & Regs. r. 520-4-.11 Repealed

Ga. Comp. R. & Regs. r. 520-4-.11 Repealed

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-4. PROCEDURAL RULES

Current through Rules and Regulations filed through March 24, 2026

Rule 520-4-.11. Repealed

Cite as Ga. Comp. R. & Regs. R. 520-4-.11

Authority: O.C.G.A. Secs. 43-40-2, 43-40-16, 43-40-25, 43-40-26, 43-40-27, 50-13.

History. Original Rule entitled "Briefs and Post Hearing Procedure" adopted. F. on June 13, 1979; eff. July 3, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: F. Jul. 21, 1995; eff. Aug. 10, 1995.

Ga. Comp. R. & Regs. r. 520-5-.01 Purpose of Chapter

Ga. Comp. R. & Regs. r. 520-5-.01 Purpose of Chapter

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.01. Purpose of Chapter

The purpose of this Chapter is to delineate the rules and regulations which the Georgia Real Estate Commission will follow in entering into contracts for education and research purposes.

Cite as Ga. Comp. R. & Regs. R. 520-5-.01

Authority: Ga. Code Sacs. 43-40-2, 43-40-22.

History. . Original Rule entitled "Purpose of Chapter" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule, same title adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.02 Providers

Ga. Comp. R. & Regs. r. 520-5-.02 Providers

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.02. Providers

The Commission may enter into contracts with public or private institutions or individuals to establish, continue, or expand educational opportunities or research which will benefit real estate licensees or the public in its potential dealings with licensees. The Commission shall be the sole arbiter of which programs, if any, to fund. Priority will be given to those programs which offer continuing education opportunities to real estate licensees.

Cite as Ga. Comp. R. & Regs. R. 520-5-.02

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Recipients" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Providers" adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.03 Amounts and Terms of Contracts for Education or Research

Ga. Comp. R. & Regs. r. 520-5-.03 Amounts and Terms of Contracts for Education or Research

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.03. Amounts and Terms of Contracts for Education or Research

The amount to be paid and the duration of any contract shall be as provided for in each contract. Any amendment to a contract to increase the payment or extend the time of performance shall be at the discretion of the Commission. No provision of any contract shall be construed as obligating the Commission and period during which the grant will be used shall be at the discretion of the Commission. No provision of any contract shall be construed as obligating the Commission to make any payment beyond the fiscal year in which the Commission enters into that contract.

Cite as Ga. Comp. R. & Regs. R. 520-5-.03

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Amounts and Terms of Grants" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency. Repealed: New Rule entitled "Amounts and Terms of Contracts for Education or Research" adopted. F. Sept. 14, 2000; eff. October 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.04 Proposals

Ga. Comp. R. & Regs. r. 520-5-.04 Proposals

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.04. Proposals

Proposals to enter into contracts for education or research with the Commission will be required to contain the following:

(a)

a statement of the educational objective of the proposed program or research;

(b)

a statement of how the program will benefit real estate licensees or the public who may deal with them;

(c)

if applicable, a detailed course outline, the number of educational hours in the program, length of course, schedule of instruction, location, and anticipated number of participants;

(d)

if applicable, the purpose, scope, length, and place of research work;

(e)

a detailed cost analysis of the entire course or project including, but not limited to such items as source of other funding for the program; cost of advertising, administration, instructors, materials, and physical facilities; and fees charged participants;

(f)

evidence of approval by the State Board of Education if the school applying is subject to the Georgia Proprietary School Act, Ga. Laws 1972, p. 156 (O.C.G.A. §20-4-60);

(g)

a list of any instructors which may be used and their credentials;

(h)

any academic credit to be awarded;

(i)

such other information as the Commission may require at the time of application of submission of the proposal or after reviewing the proposal.

Cite as Ga. Comp. R. & Regs. R. 520-5-.04

Authority: Ga. Code. Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Applications" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.

Repealed: New Rule entitled "Proposals" adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.05 Commission Action on Proposal

Ga. Comp. R. & Regs. r. 520-5-.05 Commission Action on Proposal

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.05. Commission Action on Proposal

(1)

The Commission shall act on all proposals within sixty days of receipt of a written original or amended proposal and shall notify the applicant in writing of:

(a)

the terms of acceptance of the proposal;

(b)

the reason or reasons for rejection of the proposal; or

(c)

any further information needed to accept or reject the proposal.

(2)

Decisions of acceptance and rejection by the Commission shall be final.

Cite as Ga. Comp. R. & Regs. R. 520-5-.05

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Commission Action on Applications" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Commission Action on Proposals" adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.06 Reports

Ga. Comp. R. & Regs. r. 520-5-.06 Reports

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.06. Reports

A full report of the expenditure of funds under any contract shall be made to the Commission within thirty days of the end of the term of the contract or at such other reasonable time or times as the Commission may require. Whenever a contract for education or research requires that the provider conduct courses, seminars, or other educational programs, the provider shall issue a certificate of attendance to all who attend any such program upon completion of the program, and shall send to the Commission within 14 days of the end of a program a list of all persons who were in attendance. All attendees of such programs shall be notified in writing by the provider that certificates of attendance will be issued and that their attendance record will be forwarded to the Commission. The Commission may direct its representatives to monitor any program at any time and the providers shall be required to supply data to those representatives upon reasonable request.

Cite as Ga. Comp. R. & Regs. R. 520-5-.06

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Reports" adopted. F. May 12, 1978; eff. June 1, 1978.

Repealed: New Rule of the same title adopted. F. Nov. 16, 1979; eff. Dec. 6, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule, same title adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.07 Use of Commission Name

Ga. Comp. R. & Regs. r. 520-5-.07 Use of Commission Name

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.07. Use of Commission Name

Any advertising of a program or project must indicate that a portion or all of the cost of the program is underwritten by the Georgia Real Estate Commission. Any publication or other educational material produced as the result of a contract must include indication that a portion or all of the cost of producing the material is underwritten by the Georgia Real Estate Commission. All participants in any program underwritten totally or in part by the Georgia Real Estate Commission must be clearly and affirmatively made aware of the participation of the Georgia Real Estate Commission and how they may forward comments on the program to the Commission. No other use of the name of the Commission shall be permitted without the Commission's prior approval.

Cite as Ga. Comp. R. & Regs. R. 520-5-.07

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Use of Commission Name" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule, same title adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.08 Changes

Ga. Comp. R. & Regs. r. 520-5-.08 Changes

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.08. Changes

No substantive changes, including schedule of programs, may be made in a program under a contract for education or research without the prior approval of the Commission. Emergency changes may be made on a temporary basis with the prior approval of the Real Estate Commissioner subject to review and final approval by the Commission at a regularly scheduled meeting. All requests for changes and authorizations of change must be in writing before they may be implemented.

Cite as Ga. Comp. R. & Regs. R. 520-5-.08

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Changes" adopted. F. May 12, 1978; eff. June 1, 1978.

Repealed: New Rule of the same title adopted. F. Nov. 16, 1979; eff. Dec. 6, 1979.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule, same title adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.09 Participants

Ga. Comp. R. & Regs. r. 520-5-.09 Participants

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.09. Participants

Any course offered to real estate licensees which the Commission has underwritten part or all of the cost must be available to all persons regardless of race, color, religion, sex, handicap, familial status, national origin, age, or membership in any organization.

Cite as Ga. Comp. R. & Regs. R. 520-5-.09

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Participants" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. Dec. 15, 1994; eff. Jan. 4, 1995.

Repealed: New Rule, same title adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.10 Expenditures

Ga. Comp. R. & Regs. r. 520-5-.10 Expenditures

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.10. Expenditures

Any funds not expended in the implementation of a contract for education or research shall be returned to the Commission within thirty days of the termination date of the contract or at such other time as the Commission may require.

Cite as Ga. Comp. R. & Regs. R. 520-5-.10

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled "Expenditures" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule, same title adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r. 520-5-.11 Violations

Ga. Comp. R. & Regs. r. 520-5-.11 Violations

Georgia Administrative Code

Department 520. GEORGIA REAL ESTATE COMMISSION

Chapter 520-5. STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Current through Rules and Regulations filed through March 24, 2026

Rule 520-5-.11. Violations

Any violation of the provisions of this Chapter, any falsification or misrepresentation in a proposal for a contract for education or research, or violation of any written agreement entered into with the Commission under this Chapter may result in a termination of the contract and the requirement that any funds paid out by the Commission be returned. Any provider under a contract for education or research found to have not properly accounted for or improperly expended any grant funds shall repay said funds plus interest at 6% per annum to the Commission and said recipient shall be ineligible to enter into any other contract for education or research with the Commission unless said recipient shall first repay said funds plus interest. Should the Commission allege any violation under this Rule, it shall provide the respondent with a formal hearing in accordance with the Administrative Procedure Act.

Cite as Ga. Comp. R. & Regs. R. 520-5-.11

Authority: Ga. Code Secs. 43-40-2, 43-40-22.

History. Original Rule entitled " Violations" adopted. F. May 12, 1978; eff. June 1, 1978.

Amended: Authority changed. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Amended: F. June 7, 1988, eff. July 27, 1988, as specified by the Agency.

Repealed: New Rule, same title adopted. F. Sept. 14, 2000; eff. Oct. 4, 2000.

Ga. Comp. R. & Regs. r 620-6-.03

(1) The Official Georgia Wood Infestation Inspection Report shall be the written instrument for the purpose of certifying that a structure is apparently free from wood destroying organisms as a basis for transfer of real property and shall be issued only by a pest control operator certified in Wood Destroying Organisms. Such instrument shall carry a guarantee that, if an infestation of wood destroying organisms from which apparent freedom is certified, is found within ninety (90) days from date of issuance, the infested structure(s) shall be treated by the licensee, free of charge subject to the following: (a) Subterranean Termites - Structures will receive a full minimum adequate treatment pursuant to Paragraph 620-6-.04 . However, if a structure has received a full minimum adequate treatment within the past one (1) year, a partial treatment may be made to at least 10 feet in either direction of any and all areas of termite infestation except as defined in Rule 620-6-.07(5) . (b) Powder Post Beetles and Wood Boring Beetles - Structures will receive a minimum adequate treatment pursuant to Paragraph 620-6-.04(3) . (c) Wood Decaying Fungi - Structures will receive a minimum adequate treatment pursuant to Paragraph 620-6-.04(4) . (d) Dry Wood Termites - Structures will receive a minimum adequate treatment pursuant to Paragraph 620-6-.04(5) .

(2) For the purpose of this Rule, the form for the Official Georgia Wood Infestation Inspection Report shall conform to the following format which constitutes a part of this Rule. OFFICIAL GEORGIA WOOD INFESTATION INSPECTION REPORT COMPANY NAME ___ LICENSE NO. ___ ADDRESS ______ TELEPHONE NO. __ DATE OF ISSUANCE ___ SELLER ____ INSPECTOR ___ FILE NO. _____ PURCHASER(S) ___ SCOPE OF INSPECTION AN INSPECTION OF THE BELOW LISTED STRUCTURE(S) WAS PERFORMED BY A QUALIFIED INSPECTOR EMPLOYED BY THIS FIRM TO DETERMINE THE PRESENCE OR PREVIOUS PRESENCE OF AN INFESTATION OF THE LISTED ORGANISMS AND IS NOT INTENDED TO BE A STRUCTURAL REPORT. NEITHER IS THIS A WARRANTY AS TO ABSENCE OF WOOD DESTROYING ORGANISMS. THIS REPORT IS SUBJECT TO ALL CONDITIONS ENUMERATED ON THE REVERSE SIDE AND IS ISSUED WITHOUT WARRANTY OR GUARANTEE EXCEPT AS PROVIDED IN RULE 620-6-.03 OF THE RULES OF THE GEORGIA STRUCTURAL PEST CONTROL ACT OR SUBJECT TO ANY TREATMENT GUARANTEE SPECIFIED BELOW. MAIN STRUCTURE _______ OTHER STRUCTURES (SPECIFY) _____ ADDRESS OF STRUCTURE(S) ___________ FINDINGS INSPECTION REVEALS VISIBLE EVIDENCE OF: ACTIVE INFESTATION PREVIOUS INFESTATION Yes No Yes No SUBTERRANEAN TERMITES

POWDER POST BEETLES

WOOD BORING BEETLES

DRY WOOD TERMITES

WOOD DECAYING FUNGUS (Not Molds and Mildews)

WHERE ANY AREAS OF THE STRUCTURE OBSTRUCTED OR INACCESSIBLE? _ YES _ NO IF YES, LIST THESE AREAS (SEE ITEM 3 ON REVERSE SIDE OF FORM)

THE FOLLOWING CONDITIONS CONDUCIVE TO INFESTATION FOR WOOD DESTROYING ORGANISMS WERE FOUND AT THE TIME OF INSPECTION. THE LOCATION OF THESE CONDITIONS CONDUCIVE TO INFESTATION ARE INDICATED ON THE ATTACHED DIAGRAM:

REMARKS/ADDITIONAL FINDINGS:

NOTE: IF VISIBLE EVIDENCE OF ACTIVE OR PREVIOUS INFESTATION IS REPORTED IT SHOULD BE ASSUMED THAT SOME DEGREE OF DAMAGE IS PRESENT AND A DIAGRAM IDENTIFYING THE STRUCTURE(S) INSPECTED AND SHOWING THE LOCATION OF SUCH EVIDENCE MUST BE ATTACHED TO THIS FORM. EVALUATION OF DAMAGE AND ANY CORRECTIVE ACTION SHOULD BE PERFORMED BY A QUALIFIED INSPECTOR IN THE BUILDING TRADE APPROVED BY THE PURCHASER AND LENDING AGENCY. TREATMENT THE ABOVE DESCRIBED STRUCTURE(S) WAS TREATED BY THIS COMPANY AS FOLLOWS: ORGANISM TREATMENT DATE CONTRACT EXPIRATION TYPE TREATMENT (CHEMICAL BARRIER, BAIT, WOOD TREATMENT) SUBTERRANEAN TERMITES

POWDER POST BEETLES

WOOD BORING BEETLES

DRY WOOD TERMITES

WOOD DECAYING FUNGUS

THE PRESENT TREATMENT WARRANTY(IES) IS: _TRANSFERABLE TO ANY SUBSEQUENT OWNER OF THE PROPERTY UPON PAYMENT OF A FEE ON OR BEFORE THE EXPIRATION DATE. _NOT TRANSFERABLE TO ANY SUBSEQUENT OWNER OF THE PROPERTY. _THE ABOVE STRUCTURE(S) ARE NOT COVERED BY A TREATMENT CONTRACT WITH THIS COMPANY. THIS STRUCTURE HAS A CURRENT OFFICIAL WAIVER FORM ISSUED BY THIS COMPANY Yes ___ NO IF YES, A COPY MUST BE ATTACHED AS PART OF THIS REPORT. CERTIFICATION THIS IS TO CERTIFY THAT NEITHER I NOR THE COMPANY HAS HAD OR CONTEMPLATES HAVING ANY INTEREST IN THE PROPERTY INVOLVED, NOR IS ACTING IN ANY ASSOCIATION WITH ANY PARTY TO THE TRANSACTION.

SIGNATURE OF DESIGNATED CERTIFIED OPERATOR

SIGNATURE OF PURCHASER OR LEGAL REPRESENTATIVE ACKNOWLEDGING RECEIPT OF REPORT COPIES TO: _ PURCHASER MORTGAGEE __ REALTOR _____ SELLER Revised 04/14 - Replaces all previous editions CONDITIONS GOVERNING THIS REPORT 1. This report is limited to the five organisms listed. 2. This report covers only those structures listed on the front. 3. Inspection, including sounding and/or probing, was performed in only those areas which were readily accessible. Inaccessible areas not inspected include, but are not limited to areas obstructed by, floor coverings, wall coverings, siding, fixed ceilings, insulation, furniture, appliances or other personal items. The inspection also included a check of company records to determine if the structure has been treated and/or under renewal contract with the company within the past two years for any of the covered organisms. A copy of any current Exception Form II or Official Waiver form for this structure must be included as part of this report. 4. Reporting of Wood Destroying Fungi on this report is intended to cover only white rot, brown rot or water conducting fungi infestations which occur below the first floor level. This report does not cover the reporting of molds and mildews. Structural Pest Control companies are not responsible for inspecting for molds. 5. The term Wood Boring Beetles as used on the reverse side means only those beetles which are known to establish and maintain a continuing infestation in structures, such as, but not limited to the Old House Borer. 6. Regardless of whether any visible evidence of infestation by any of the listed Wood Destroying Organisms is found during inspection, if an infestation of one or more of these organisms from which apparent freedom was certified is found within 90 days of issuance of this report the property shall receive, free of charge, a minimum adequate treatment for control of the infestation consistent with Rules 620-6-.03(1)(a),(b),(c), and (d) of the Georgia Structural Pest Control Act. 7. This is not a structural report. A wood destroying organism inspector is not ordinarily a construction or building trade expert and is therefore not expected to assess structural soundness. Evaluation and correction of damage which may have resulted from an active or previous infestation should be performed by a qualified inspector in the building trade, who is approved by the purchaser and the lending agency. 8. This report implies no responsibility on the part of the Georgia Department of Agriculture or the Georgia Structural Pest Control Commission to enforce or require anything other than treatment or retreatment to the minimum adequate treatment requirements specified in Rule 620-6-.04 . 9. "Conditions Conducive To Infestation" means conditions that exist in a structure that favor the development of wood destroying organisms. These are limited to: cellulosic material underneath a building and wood in contact with the soil which has not been treated with preservatives to a minimum preservative retention designed for ground contact and ventilation of the under-floor space between the bottom of the floor joists and the earth that does not meet the requirements of the International Residential Building Code for one and two family dwellings, the latest edition as adopted and amended by the Georgia Department of Community Affairs. Any condition conducive to infestation, as defined above, that is known to have existed at the time of inspection and was not reported and is found within 90 days of the issuance date of this report shall be corrected free of charge by the licensee.

O.C.G.A. § t1-ch3

Georgia Code Title 1, Chapter 3 (2024) - LAWS AND STATUTES :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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                                                        Section 1-3-1 - Construction of statutes generally




                                                        Section 1-3-2 - Construction of definitions




                                                        Section 1-3-3 - Definitions




                                                        Section 1-3-4 - Effective date of legislative Acts




                                                        Section 1-3-4.1 - Effective date for general Acts requiring increases in compensation of certain county officials




                                                        Section 1-3-5 - Operation of laws generally; retrospective operation




                                                        Section 1-3-6 - When laws become obligatory; effect of ignorance




                                                        Section 1-3-7 - Abrogation of laws by agreement; waiver or renunciation of benefits established by law




                                                        Section 1-3-8 - Binding effect of legislation upon state




                                                        Section 1-3-9 - Effect and enforcement of foreign laws




                                                        Section 1-3-10 - Execution of writings and contracts




                                                        Section 1-3-11 - Local referenda on abolishing offices or shortening or lengthening term














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O.C.G.A. § t1-ch4

Georgia Code Title 1, Chapter 4 (2024) - HOLIDAYS AND OBSERVANCES :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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                Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1)
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                Chapter 4 - HOLIDAYS AND OBSERVANCES (§§ 1-4-1 — 1-4-26)










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                                                        Section 1-4-1 - Public and legal holidays; leave for observance of religious holidays not specifically provided for




                                                        Section 1-4-2 - Religious holidays




                                                        Section 1-4-3 - Designation of "American History Month"




                                                        Section 1-4-4 - Declaration of "Wildflower Week"




                                                        Section 1-4-5 - Declaration of "Bird Day"




                                                        Section 1-4-6 - Declaration of "Law Enforcement Officer Appreciation Day"




                                                        Section 1-4-7 - Declaration of "Peace Officer Memorial Day"; declaration of "Police Week"




                                                        Section 1-4-8 - Declaration of "Children's Day"




                                                        Section 1-4-9 - Designation of "Former Prisoners of War Recognition Day"




                                                        Section 1-4-10 - Designation of "Girls and Women in Sports Day"




                                                        Section 1-4-11 - Designation of "Clean Water Week"




                                                        Section 1-4-12 - Designation of "Firefighter Appreciation Day"




                                                        Section 1-4-13 - Designation of "Bill of Rights Day"




                                                        Section 1-4-14 - Declaration of "Home Education Week"




                                                        Section 1-4-15 - Designation of "Bill Elliott Day."




                                                        Section 1-4-15.1 - Designation of "Ronald Reagan Day."




                                                        Section 1-4-16 - Designation of "Prison Chaplains Appreciation Day."




                                                        Section 1-4-17 - Declaration of "Georgia Day."




                                                        Section 1-4-18 - Designation of "School Bus Drivers Appreciation Day."




                                                        Section 1-4-19 - Designation of "School Bus Safety Week."




                                                        Section 1-4-20 - Designation of Confederate History and Heritage Month




                                                        Section 1-4-21 - Designation of "Purple Heart Day."




                                                        Section 1-4-22 - Designation of "Water Professionals Appreciation Day."




                                                        Section 1-4-23 - Designation of "Childhood Cancer Awareness Day."




                                                        Section 1-4-24 - Designation of "National Swearing-in Commitment Day."




                                                        Section 1-4-25 - Designation of "Public Safety Week."




                                                        Section 1-4-26 - First Responders Appreciation Day














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O.C.G.A. § t12-ch4

Georgia Code Title 12, Chapter 4 (2023) - MINERAL RESOURCES AND CAVES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147)








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Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147)

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                                                        Article 1 - GENERAL PROVISIONS (§ 12-4-1)




                                                        Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84)




                                                        Article 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122)




                                                        Article 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147)














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O.C.G.A. § t12-ch5

Georgia Code Title 12, Chapter 5 (2023) - WATER RESOURCES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6)
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                Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586)








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                                2023 CODE OF GEORGIA

Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9)




                                                        Article 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53)




                                                        Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204)




                                                        Article 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329)




                                                        Article 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457)




                                                        Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484)




                                                        Article 7 - COSTS OF OIL SPILL RESPONSE (§§ 12-5-500 — 12-5-501)




                                                        Article 8 - COMPREHENSIVE STATE-WIDE WATER MANAGEMENT PLANNING ACT (§§ 12-5-520 — 12-5-525)




                                                        Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550)




                                                        Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586)














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O.C.G.A. § t12-ch6

Georgia Code Title 12, Chapter 6 (2023) - FOREST RESOURCES AND OTHER PLANT LIFE :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257)








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                                2023 CODE OF GEORGIA

Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257)

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                                                        Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149)




                                                        Article 2 - GINSENG PROTECTION (§§ 12-6-150 — 12-6-157)




                                                        Article 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176)




                                                        Article 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207)




                                                        Article 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232)




                                                        Article 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247)




                                                        Article 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257)














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O.C.G.A. § t12-ch7

Georgia Code Title 12, Chapter 7 (2023) - CONTROL OF SOIL EROSION AND SEDIMENTATION :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22)








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                                2023 CODE OF GEORGIA

Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22)

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                                                        Section 12-7-1 - Short title




                                                        Section 12-7-2 - Legislative findings; policy of state and intent of chapter




                                                        Section 12-7-3 - Definitions




                                                        Section 12-7-4 - Adoption of comprehensive ordinances relating to land-disturbing activities; delegation of responsibility to planning and zoning commission; other local ordinances relating to land development; effect of chapter on design professionals




                                                        Section 12-7-5 - Adoption of rules and regulations for localities without ordinances




                                                        Section 12-7-6 - Best management practices; compliance with federal law; minimum requirements for rules, regulations, ordinances, or resolutions




                                                        Section 12-7-7 - Permit or notice of intent required for land-disturbing activities; approval of application and issuance of permit; denial of permit; bond requirement




                                                        Section 12-7-7.1 - Erosion and sediment control plan prepared; completion; implementation




                                                        Section 12-7-8 - Certification of locality as local issuing authority; periodic review; procedure for revoking certification; enforcement actions




                                                        Section 12-7-9 - Applications for permits; erosion and sediment control plans and data; time for issuance or denial




                                                        Section 12-7-10 - Referral of application and plan to district; time for action




                                                        Section 12-7-11 - Statement of reasons for denial of permit required; conditions for approval; suspension, revocation, or modification of permit




                                                        Section 12-7-12 - Orders directed to violators; stop work order procedures




                                                        Section 12-7-13 - Injunctions




                                                        Section 12-7-14 - Actions to restrain imminent danger; emergency orders; duration of effectiveness of orders




                                                        Section 12-7-15 - Civil penalty




                                                        Section 12-7-16 - Hearings and review




                                                        Section 12-7-17 - Exemptions




                                                        Section 12-7-18 - Effect of chapter on requirements of the "Georgia Water Quality Control Act."




                                                        Section 12-7-19 - Education and training requirements; required programs; instructor qualifications; expiration of certification




                                                        Section 12-7-20 - Creation of Stakeholder Advisory Board; responsibilities; procedures




                                                        Section 12-7-21 - [Reserved] Appointment of panel to study controls implemented pursuant to chapter; procedure and operation of panel




                                                        Section 12-7-22 - Electronic filing and reporting system














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O.C.G.A. § t12-ch8

Georgia Code Title 12, Chapter 8 (2023) - WASTE MANAGEMENT :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                                        Article 1 - GENERAL PROVISIONS (§§ 12-8-1 — 12-8-2)




                                                        Article 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2)




                                                        Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108)




                                                        Article 5 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 12-8-120 — 12-8-123)




                                                        Article 6 - MITIGATING EFFECT OF HAZARDOUS MATERIALS DISCHARGE (§§ 12-8-140 — 12-8-142)




                                                        Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166)




                                                        Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189)




                                                        Article 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211)














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O.C.G.A. § t12-ch9

Georgia Code Title 12, Chapter 9 (2023) - PREVENTION AND CONTROL OF AIR POLLUTION :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                2023 CODE OF GEORGIA

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                                                        Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25)




                                                        Article 2 - MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE (§§ 12-9-40 — 12-9-57)




                                                        Article 3 - GASOLINE ADDITIVES (§ 12-9-70)














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O.C.G.A. § t13-ch2

Georgia Code Title 13, Chapter 2 (2023) - CONSTRUCTION :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 2 - CONSTRUCTION (§§ 13-2-1 — 13-2-4)










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                                                        Section 13-2-1 - Construction of contracts by courts generally; findings of fact by juries




                                                        Section 13-2-2 - Rules for interpretation of contracts generally




                                                        Section 13-2-3 - Ascertainment and enforcement of intention of parties generally




                                                        Section 13-2-4 - Ascertainment of intention of parties where meaning placed on contract by one party known to other














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O.C.G.A. § t14-ch2

Georgia Code Title 14, Chapter 2 (2023) - BUSINESS CORPORATIONS :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109)
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                Chapter 2 - BUSINESS CORPORATIONS (§§ 14-2-101 — 14-2-1807)








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                                2023 CODE OF GEORGIA

Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) Chapter 2 - BUSINESS CORPORATIONS (§§ 14-2-101 — 14-2-1807)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 14-2-101 — 14-2-151)




                                                        Article 2 - INCORPORATION (§§ 14-2-201 — 14-2-207)




                                                        Article 3 - PURPOSES AND POWERS (§§ 14-2-301 — 14-2-305)




                                                        Article 4 - NAME (§§ 14-2-401 — 14-2-403)




                                                        Article 5 - OFFICE AND AGENT (§§ 14-2-501 — 14-2-510)




                                                        Article 6 - SHARES AND DISTRIBUTIONS (§§ 14-2-601 — 14-2-641)




                                                        Article 7 - SHAREHOLDERS (§§ 14-2-701 — 14-2-747)




                                                        Article 8 - DIRECTORS AND OFFICERS (§§ 14-2-801 — 14-2-870)




                                                        Article 9 - CLOSE CORPORATIONS (§§ 14-2-901 — 14-2-950)




                                                        Article 10 - AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS (§§ 14-2-1001 — 14-2-1022)




                                                        Article 11 - MERGER AND SHARE EXCHANGE (§§ 14-2-1101 — 14-2-1133)




                                                        Article 12 - SALE OF ASSETS (§§ 14-2-1201 — 14-2-1202)




                                                        Article 13 - DISSENTERS' RIGHTS (§§ 14-2-1301 — 14-2-1332)




                                                        Article 14 - DISSOLUTION (§§ 14-2-1401 — 14-2-1440)




                                                        Article 15 - FOREIGN CORPORATIONS (§§ 14-2-1501 — 14-2-1540)




                                                        Article 16 - RECORDS AND REPORTS (§§ 14-2-1601 — 14-2-1622)




                                                        Article 17 - TRANSITION PROVISIONS (§§ 14-2-1701 — 14-2-1703)




                                                        Article 18 - BENEFIT CORPORATIONS (§§ 14-2-1801 — 14-2-1807)














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O.C.G.A. § t24-ch11

Georgia Code Title 24, Chapter 11 (2024) - ESTABLISHMENT OF LOST RECORDS :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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                Chapter 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29)










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                                                        Article 1 - PUBLIC RECORDS (§§ 24-11-1 — 24-11-3)




                                                        Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29)














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O.C.G.A. § t24-ch4

Georgia Code Title 24, Chapter 4 (2023) - RELEVANT EVIDENCE :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3)
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                Chapter 4 - RELEVANT EVIDENCE (§§ 24-4-401 — 24-4-419)








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                                2023 CODE OF GEORGIA

Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) Chapter 4 - RELEVANT EVIDENCE (§§ 24-4-401 — 24-4-419)

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                                                        Section 24-4-401 - "Relevant evidence" defined




                                                        Section 24-4-402 - Relevant evidence generally admissible; irrelevant evidence not admissible




                                                        Section 24-4-403 - Exclusion of relevant evidence on the grounds of prejudice, confusion, or waste of time




                                                        Section 24-4-404 - Character evidence not admissible to prove conduct; exceptions; evidence of other crimes




                                                        Section 24-4-405 - Methods of proving character




                                                        Section 24-4-406 - Habit; routine practice




                                                        Section 24-4-407 - Subsequent remedial measures




                                                        Section 24-4-408 - Compromises and offers to compromise




                                                        Section 24-4-409 - Payment of medical and similar expenses




                                                        Section 24-4-410 - Inadmissibility of pleas, plea discussions, and related statements; exceptions




                                                        Section 24-4-411 - Liability insurance




                                                        Section 24-4-412 - Complainant's past sexual behavior not admissible in prosecutions for certain sexual offenses; exceptions




                                                        Section 24-4-413 - Evidence of similar transaction crimes in sexual assault cases




                                                        Section 24-4-414 - Evidence of similar transaction crimes in child molestation cases




                                                        Section 24-4-415 - Evidence of similar acts in civil or administrative proceedings concerning sexual assault or child molestation




                                                        Section 24-4-416 - Statements of sympathy in medical malpractice cases




                                                        Section 24-4-417 - Evidence of similar acts in prosecutions for violations of Code Section 40-6-391




                                                        Section 24-4-418 - Admissibility of criminal gang activity; disclosure




                                                        Section 24-4-419 - Admissibility of criminal history record information














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O.C.G.A. § t24-ch6

Georgia Code Title 24, Chapter 6 (2023) - WITNESSES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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O.C.G.A. § t24-ch7

Georgia Code Title 24, Chapter 7 (2023) - OPINIONS OR INFERENCES AND EXPERT TESTIMONY :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 7 - OPINIONS OR INFERENCES AND EXPERT TESTIMONY (§§ 24-7-701 — 24-7-707)








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                                2023 CODE OF GEORGIA

Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) Chapter 7 - OPINIONS OR INFERENCES AND EXPERT TESTIMONY (§§ 24-7-701 — 24-7-707)

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O.C.G.A. § t24-ch8

Georgia Code Title 24, Chapter 8 (2023) - HEARSAY :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 8 - HEARSAY (§§ 24-8-801 — 24-8-827)








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Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) Chapter 8 - HEARSAY (§§ 24-8-801 — 24-8-827)

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O.C.G.A. § t24-ch9

Georgia Code Title 24, Chapter 9 (2023) - AUTHENTICATION AND IDENTIFICATION :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924)










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Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) Chapter 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924)

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O.C.G.A. § t32-ch4

Georgia Code Title 32, Chapter 4 (2023) - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123)








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Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 32-4-1 — 32-4-4)




                                                        Article 2 - STATE HIGHWAY SYSTEM (§§ 32-4-20 — 32-4-24)




                                                        Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75)




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O.C.G.A. § t32-ch5

Georgia Code Title 32, Chapter 5 (2023) - FUNDS FOR PUBLIC ROADS :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1)
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                                                        Article 1 - FEDERAL FUNDS (§§ 32-5-1 — 32-5-2)




                                                        Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1)




                                                        Article 3 - ALLOCATION OF FUNDS (§§ 32-5-30 — 32-5-31)




                                                        Article 4 - [GEORGIA FREIGHT 2050 PROGRAM] (§§ 32-5-40 — 32-5-41)














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O.C.G.A. § t33-ch4

Georgia Code Title 33, Chapter 4 (2024) - ACTIONS AGAINST INSURANCE COMPANIES :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) Chapter 4 - ACTIONS AGAINST INSURANCE COMPANIES (§§ 33-4-1 — 33-4-7)

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                                                        Section 33-4-1 - Venue of actions




                                                        Section 33-4-2 - Domestic insurers, service of process




                                                        Section 33-4-3 - Alien or foreign insurers, service of process generally




                                                        Section 33-4-4 - Alien or foreign insurers, duplicate copies of process upon designated agent or Commissioner




                                                        Section 33-4-5 - Service of process upon chief executive officer by alien or foreign insurers




                                                        Section 33-4-6 - Liability of insurer for damages and attorney's fees; notice to Commissioner and consumers' insurance advocate




                                                        Section 33-4-7 - Affirmative duty to fairly and promptly adjust in incidents covered by motor vehicle liability policies; actions for bad faith; notice to Commissioner and consumers' insurance advocate














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O.C.G.A. § t33-ch6

Georgia Code Title 33, Chapter 6 (2024) - UNFAIR TRADE PRACTICES :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14)




                                                        Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37)














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O.C.G.A. § t33-ch8

Georgia Code Title 33, Chapter 8 (2024) - FEES AND TAXES :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13)

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                                                        Section 33-8-1 - Fees and charges generally




                                                        Section 33-8-2 - Fees and taxes imposed upon representatives of insurers of other states




                                                        Section 33-8-3 - License fees of insurance companies generally




                                                        Section 33-8-4 - Amount and method of computing tax on insurance premiums generally; exclusion of annuity considerations




                                                        Section 33-8-4.1 - State insurance premiums tax credits for insurance companies located in certain counties designated as less developed areas; authority of commissioner of community affairs and Commissioner




                                                        Section 33-8-4.2 - Assignment, carryover, and liability regarding tax credits




                                                        Section 33-8-5 - Abatement or reduction of tax on insurance premiums




                                                        Section 33-8-6 - Time of payment of tax on insurance premiums; filing of returns; penalties




                                                        Section 33-8-7 - Deduction from taxes of retaliatory taxes paid other states




                                                        Section 33-8-8 - Preemption of taxation of insurance companies by state; exceptions; collection of license fees by municipal corporations




                                                        Section 33-8-8.1 - County and municipal corporation taxes on life insurance companies




                                                        Section 33-8-8.2 - County and municipal corporation taxes on other than life insurance companies




                                                        Section 33-8-8.3 - Funding of services, or reduction of ad valorem taxes, in unincorporated areas of counties; powers and duties of governing authority




                                                        Section 33-8-8.4 - Inactive municipalities




                                                        Section 33-8-8.5 - Distribution of reimbursement of illegally assessed tax by insurance companies




                                                        Section 33-8-8.6 - Nonprotested premium taxes




                                                        Section 33-8-9 - Granting of refunds and credits by Commissioner




                                                        Section 33-8-10 - Confidential treatment of tax information; information to be disclosed by local officials engaged in collection of taxes; violations




                                                        Section 33-8-11 - Issuance of execution against persons delinquent in payment of fees or taxes




                                                        Section 33-8-12 - Waiver of penalties and interest




                                                        Section 33-8-13 - [Repealed Effective 12/31/2029] Exemption of certain insurance companies from taxes














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O.C.G.A. § t40-ch11

Georgia Code Title 40, Chapter 11 (2023) - ABANDONED MOTOR VEHICLES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10)




                                                        Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5)




                                                        Article 2 - FORFEITURE OF VEHICLES AND COMPONENTS (§§ 40-11-20 — 40-11-22)














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O.C.G.A. § t40-ch12

Georgia Code Title 40, Chapter 12 (2023) - ACTIONS AGAINST NONRESIDENTS :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8)








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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8)

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                                                        Section 40-12-1 - Appointment of Secretary of State as agent for service of process on nonresidents; nonresident minor




                                                        Section 40-12-2 - How service on nonresident made




                                                        Section 40-12-3 - Venue of actions against nonresidents; nonresident joint defendant




                                                        Section 40-12-4 - Records to be kept by Secretary of State




                                                        Section 40-12-5 - Certificate of service to be sent to clerk of court; time for answering complaint




                                                        Section 40-12-6 - Continuances




                                                        Section 40-12-7 - Designation of employees to perform functions of Secretary of State




                                                        Section 40-12-8 - Service upon personal representative














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O.C.G.A. § t40-ch13

Georgia Code Title 40, Chapter 13 (2023) - PROSECUTION OF TRAFFIC OFFENSES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64)

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                                                        Article 1 - UNIFORM TRAFFIC CITATION AND COMPLAINT FORM (§§ 40-13-1 — 40-13-4)




                                                        Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33)




                                                        Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64)














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O.C.G.A. § t40-ch14

Georgia Code Title 40, Chapter 14 (2023) - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26)

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                                                        Article 1 - DEFINITIONS (§ 40-14-1)




                                                        Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18)




                                                        Article 3 - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES (§§ 40-14-20 — 40-14-26)














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O.C.G.A. § t40-ch15

Georgia Code Title 40, Chapter 15 (2023) - MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 15 - MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM (§§ 40-15-1 — 40-15-5)

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                                                        Section 40-15-1 - Definitions




                                                        Section 40-15-2 - Establishment and operation of programs; provisions of programs; certificates of completion




                                                        Section 40-15-3 - Authorization of board to promulgate rules, prescribe fees, and set student requirements




                                                        Section 40-15-4 - Coordinator authorized; duties and requirements




                                                        Section 40-15-5 - Requirements for instructors














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O.C.G.A. § t40-ch2

Georgia Code Title 40, Chapter 2 (2023) - REGISTRATION AND LICENSING OF MOTOR VEHICLES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 2 - REGISTRATION AND LICENSING OF MOTOR VEHICLES (§§ 40-2-1 — 40-2-168)








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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 2 - REGISTRATION AND LICENSING OF MOTOR VEHICLES (§§ 40-2-1 — 40-2-168)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 40-2-1 — 40-2-11)




                                                        Article 2 - REGISTRATION AND LICENSING GENERALLY (§§ 40-2-20 — 40-2-49.3)




                                                        Article 2A - FLEET VEHICLES (§§ 40-2-50 — 40-2-55)




                                                        Article 2B - [DIGITAL LICENSE PLATES] (§§ 40-2-57 — 40-2-59.3)




                                                        Article 3 - PRESTIGE LICENSE PLATES AND SPECIAL PLATES FOR CERTAIN PERSONS AND VEHICLES (§§ 40-2-60 — 40-2-86.22)




                                                        Article 3A - RECIPROCAL AGREEMENTS FOR REGISTRATION OF COMMERCIAL VEHICLES (§§ 40-2-87 — 40-2-89)




                                                        Article 4 - VEHICLES OF NONRESIDENTS (§§ 40-2-90 — 40-2-95)




                                                        Article 5 - UNREGISTERED MOTOR TRUCKS (§§ 40-2-110 — 40-2-114)




                                                        Article 6 - ADMINISTRATION AND ENFORCEMENT OF CHAPTER (§§ 40-2-130 — 40-2-138)




                                                        Article 6A - UNIFIED CARRIER REGISTRATION ACT (§ 40-2-140)




                                                        Article 7 - MOTOR VEHICLE FEES AND PLATES (§§ 40-2-150 — 40-2-168)














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O.C.G.A. § t40-ch3

Georgia Code Title 40, Chapter 3 (2023) - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95)










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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 40-3-1 — 40-3-6)




                                                        Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43)




                                                        Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61)




                                                        Article 4 - OFFENSES (§§ 40-3-90 — 40-3-95)














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O.C.G.A. § t40-ch4

Georgia Code Title 40, Chapter 4 (2023) - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS :: 2023 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45)

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                                                        Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7)




                                                        Article 2 - ALTERATION OR REMOVAL OF IDENTIFICATION NUMBERS (§§ 40-4-20 — 40-4-23)




                                                        Article 3 - PURCHASE AND RESALE OF USED MOTOR VEHICLES, USED PARTS, AND FARM TRACTORS (§§ 40-4-40 — 40-4-45)














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O.C.G.A. § t40-ch5

Georgia Code Title 40, Chapter 5 (2023) - DRIVERS' LICENSES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179)








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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10)




                                                        Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39)




                                                        Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74)




                                                        Article 3A - SUSPENSION OF LICENSE FOR CERTAIN DRUG OFFENSES (§§ 40-5-75 — 40-5-76)




                                                        Article 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88)




                                                        Article 5 - IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES (§§ 40-5-100 — 40-5-107)




                                                        Article 6 - MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES (§§ 40-5-120 — 40-5-125)




                                                        Article 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159)




                                                        Article 8 - IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES (§§ 40-5-170 — 40-5-179)














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O.C.G.A. § t40-ch6

Georgia Code Title 40, Chapter 6 (2023) - UNIFORM RULES OF THE ROAD :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 6 - UNIFORM RULES OF THE ROAD (§§ 40-6-1 — 40-6-397)










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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 6 - UNIFORM RULES OF THE ROAD (§§ 40-6-1 — 40-6-397)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 40-6-1 — 40-6-17)




                                                        Article 2 - TRAFFIC SIGNS, SIGNALS, AND MARKINGS (§§ 40-6-20 — 40-6-28)




                                                        Article 3 - DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY (§§ 40-6-40 — 40-6-56)




                                                        Article 4 - RIGHT OF WAY (§§ 40-6-70 — 40-6-77)




                                                        Article 5 - RIGHTS AND DUTIES OF PEDESTRIANS (§§ 40-6-90 — 40-6-100)




                                                        Article 6 - TURNING, STARTING, SIGNALING (§§ 40-6-120 — 40-6-126)




                                                        Article 7 - NEGOTIATING RAILROAD CROSSINGS, ENTERING HIGHWAYS FROM PRIVATE DRIVEWAYS (§§ 40-6-140 — 40-6-144)




                                                        Article 8 - SCHOOL BUSES (§§ 40-6-160 — 40-6-165)




                                                        Article 9 - SPEED RESTRICTIONS (§§ 40-6-180 — 40-6-189)




                                                        Article 10 - STOPPING, STANDING, AND PARKING (§§ 40-6-200 — 40-6-228)




                                                        Article 11 - MISCELLANEOUS PROVISIONS (§§ 40-6-240 — 40-6-255)




                                                        Article 12 - ACCIDENTS (§§ 40-6-270 — 40-6-279)




                                                        Article 13 - SPECIAL PROVISIONS FOR CERTAIN VEHICLES (§§ 40-6-290 — 40-6-369.1)




                                                        Article 14 - EFFECT OF CHAPTER ON POWERS OF LOCAL AUTHORITIES (§§ 40-6-370 — 40-6-376)




                                                        Article 15 - SERIOUS TRAFFIC OFFENSES (§§ 40-6-390 — 40-6-397)














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O.C.G.A. § t40-ch7

Georgia Code Title 40, Chapter 7 (2023) - OFF-ROAD VEHICLES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 7 - OFF-ROAD VEHICLES (§§ 40-7-1 — 40-7-6)

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                                                        Section 40-7-1 - Short title




                                                        Section 40-7-2 - Declaration of policy




                                                        Section 40-7-3 - "Off-road vehicle" defined




                                                        Section 40-7-4 - Operating restrictions; "perennial stream" defined




                                                        Section 40-7-5 - Authority to regulate time periods and to establish zones of use




                                                        Section 40-7-6 - Enforcement and penalties














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O.C.G.A. § t40-ch8

Georgia Code Title 40, Chapter 8 (2023) - EQUIPMENT AND INSPECTION OF MOTOR VEHICLES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 8 - EQUIPMENT AND INSPECTION OF MOTOR VEHICLES (§§ 40-8-1 — 40-8-280)








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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 8 - EQUIPMENT AND INSPECTION OF MOTOR VEHICLES (§§ 40-8-1 — 40-8-280)

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                                                        Article 1 - EQUIPMENT GENERALLY (§§ 40-8-1 — 40-8-116)




                                                        Article 2 - CONTROL OF VEHICLE EMISSIONS (§§ 40-8-130 — 40-8-185)




                                                        Article 3 - INSPECTIONS BY OFFICERS OF DEPARTMENT OF PUBLIC SAFETY (§§ 40-8-200 — 40-8-201)




                                                        Article 4 - INSPECTION OF PUBLIC SCHOOL BUSES (§§ 40-8-220 — 40-8-222)




                                                        Article 5 - VEHICLE EQUIPMENT SAFETY COMPACT (§ 40-8-280)














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O.C.G.A. § t40-ch9

Georgia Code Title 40, Chapter 9 (2023) - REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                2023 CODE OF GEORGIA
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                Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8)
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                Chapter 9 - REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY (§§ 40-9-1 — 40-9-103)








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                                2023 CODE OF GEORGIA

Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) Chapter 9 - REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY (§§ 40-9-1 — 40-9-103)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 40-9-1 — 40-9-12)




                                                        Article 2 - REPORTING ACCIDENTS; GIVING SECURITY FOR DAMAGES (§§ 40-9-30 — 40-9-41)




                                                        Article 3 - UNSATISFIED JUDGMENTS (§§ 40-9-60 — 40-9-63)




                                                        Article 4 - GIVING PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE (§§ 40-9-80 — 40-9-82)




                                                        Article 5 - ASSIGNED RISK PLANS, SELF-INSURERS, AND "SPOT" INSURANCE (§§ 40-9-100 — 40-9-103)














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O.C.G.A. § 43-40-1

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, or any other valuable consideration or with the intent or expectation of receiving the same from another:

(A) Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon;

(B) Holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate;

(C) Collects rents, assessments, or other trust funds or attempts to collect rents, assessments, or other trust funds;

(D) Is employed by or on behalf of the owner or owners of lots, time-share intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof;

(E) Engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both;

(F) Auctions or offers or attempts or agrees to auction real estate;

(G) Buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate;

(H) Performs property management services or community association management services;

(I) Provides or attempts to provide to any party to a real estate transaction consulting services designed to assist the party in the negotiations or procurement of prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or

(J) Advertises or holds himself or herself out as engaged in any of the foregoing.

(2.1) "Brokerage agreement" means an express written contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker's producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or in consideration of the broker's performing property management services or performing community association management services.

(3) "Commission" means the Georgia Real Estate Commission.

(4) "Commissioner" means the real estate commissioner.

(4.1) "Community association" means an owner organization of a residential or mixed use common interest realty association in which membership is mandatory as an incident of ownership within the development, such as condominiums, cooperatives, homeowner associations, timeshares, lot division with restrictions in management, and other forms of common interest or planned developments wherein there is a common management.

(4.2) "Community association management services" means the provision, for a valuable consideration, to others of management or administrative services on, in, or to the operation of the affairs of a community association, including, but not limited to, collecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association.

(4.3) "Community association manager" means a person who acts on behalf of a real estate broker in providing only community association management services.

(4.4) "Firm" means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship.

(5) "Licensee" means any person who is licensed as a community association manager, salesperson, associate broker, or broker.

(5.1) "Ministerial acts" means those acts related to real estate brokerage activities which a licensee or a licensee's employee performs and which do not require discretion or the exercise of the licensee's own judgment.

(6) "Person" means individuals and firms.

(7) "Property management services" means the provision, for a valuable consideration, to another of marketing, including referring prospective tenants; leasing; physical, administrative, or financial maintenance; and overall management of real property; or supervision of the foregoing activities for another pursuant to a property management agreement.

(8) "Purchaser" means a person who acquired or attempts to acquire or succeeds to an interest in land.

(9) "Real estate" means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. "Mobile home," as used in this paragraph, means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units.

(10) "Salesperson" means any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.

(11) "State" means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation.

O.C.G.A. § 43-40-10

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 rules and regulations; and

(2) Said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," in which said firm may be a named respondent.

Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license.

O.C.G.A. § 43-40-11

The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each affiliated licensee shall be delivered or mailed to the real estate broker for whom the licensee is acting and shall be kept in the custody and control of such broker. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensee.

O.C.G.A. § 43-40-12

(a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission shall establish reasonable fees in accordance with Code Sections 43-40-13 and 43-40-3 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the commission shall be refunded. Each licensee shall be responsible for filing his or her own fees.

(b) When the commission administers an examination, at the time an application for examination is submitted, the commission shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits.

(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8, each firm which is an applicant for a broker's license, and each corporation, limited liability company, or partnership which is an applicant for an associate broker license or a salesperson license shall pay an activation fee in advance.

(d) All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license renewed. When renewing a license, a broker must complete a form prescribed by the commission regarding the status of such broker's trust account or accounts and any trust account or accounts that the broker allows affiliated licensees to maintain. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed.

(e) Applications and fees must be filed personally in the commission's offices during regular business hours or may be mailed to the commission's offices in a letter postmarked by the United States Postal Service. The commission, through its rules and regulations, may establish standards for the filing of applications and fees by electronic means or by courier services.

(f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years and less than five years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than five years for failure to pay a renewal fee and who seeks to reinstate that license shall meet the education and examination requirements for that license as set forth in Code Section 43-40-8. Any nonresident licensee whose license lapses for failure to pay a renewal fee may reactivate that license by paying the fee required of an original applicant if such nonresident licensee has maintained an active license in his or her state of residence during the period that his or her license lapsed and has met its continuing education requirements. Any licensee whose license has lapsed for longer than one year and who is not subject to the continuing education requirements of subsection (e) of Code Section 43-40-8 and who reinstates such license under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (e) of Code Section 43-40-8.

(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 30 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status shall not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker shall secure the signature of the broker for whom the licensee wishes to act; and a broker shall make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status shall first meet the continuing education requirement of subsection (e) of Code Section 43-40-8 which would have been required had such person been on active status unless such person maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia.

(h) Any licensee who places a license on inactive status shall be required to pay the license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licensee's license shall be lapsed. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 30 days.

(i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25.

(j) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering that broker's license and applying for a license as a salesperson. No examination shall be required of a licensed broker or associate broker who surrenders that license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When a licensee changes status as contemplated in this subsection, the licensee shall be required to pay the same fee as an original applicant.

(k) Should a license be suspended or revoked, as provided for by this chapter, said suspension or revocation shall prevent the licensee from making either application as set out in subsection (j) of this Code section.

(l) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the commission may require.

(m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who:

(1) Fails to notify the commission in writing within 30 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status;

(2) Fails to affiliate with a new company or to apply to go on inactive status within 30 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission;

(3) Fails to respond within 30 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission; and

(4) Submits to the commission a check that is returned unpaid.

(n) Whenever a licensee who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such licensee's residence or place of business, the commission may extend such licensee's renewal period for up to two years without further payment of any fee by the licensee upon satisfactory proof of the licensee's uninsured major damage or loss. The commission is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for applications filed by applicants and licensees located in counties designated as disaster areas by state or federal authorities.

O.C.G.A. § 43-40-14

The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees. The commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the commission may enter into contracts to assist it in the conduct of investigations and examinations of brokers' trust accounts authorized by this chapter only whenever it needs special legal or accounting expertise or other extraordinary circumstances exist. Whenever the commission contracts to perform such investigation or examination of trust account functions, any such contractor working on an investigation or examination of a trust account authorized by this chapter shall be under the supervision of the commission or an employee of the commission. Any contractor used by the commission shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation or examination of a trust account nor to make any discretionary decision that the commission is authorized by law to make. Notwithstanding any other provision of law, the commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the commission to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the commission shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such funds.

O.C.G.A. § 43-40-15

(a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been disciplined by any legally constituted regulatory agency for violating a law regulating the sale of real estate.

(b) (1) As used in this Code section, the term:

(A) "Conviction" means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.

(B) "Felony" means any offense committed:

(i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or

(ii) In another state and deemed a felony under the laws of that state or the laws of the United States.

(1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval.

(1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:

(A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval;

(B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation violation, or a crime involving moral turpitude are pending against the person; and

(C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.

(2) Where an applicant for any license or approval authorized by this chapter has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this state or any other state such conviction in itself may be sufficient ground for refusal of a license or approval authorized by this chapter. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this paragraph may be licensed by the commission as an associate broker or a broker only if:

(A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;

(B) No criminal charges are pending against the applicant; and

(C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.

(c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permitted by this chapter.

(d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license.

(e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license.

(f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee.

(g) Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:

(1) Surrendered or voluntarily surrenders the license to the commission;

(2) Allowed or allows the license to lapse due to failure to meet educational requirements provided by law; or

(3) Allowed or allows the license to lapse due to failure to pay any required fees,

the commission may issue an order revoking such licensee's license. The order shall be effective ten days after the order is served on the licensee unless the licensee makes a written request for a hearing before the commission, in which event, the commission shall file a notice of hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Service shall be accomplished as provided for in Code Section 43-40-26.

(h) Whenever any occupational licensing body of this state or any other state has disciplined the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state or any other state after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such discipline, lapsing, or surrender in itself may be a sufficient ground for refusal of a license. Whenever any occupational licensing body of this state or any other state has revoked the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state or any other state after that body has initiated an investigation or a disciplinary process regarding such applicant's license, the commission may issue an associate broker's or a broker's license only if:

(1) At least ten years have passed since the date that the applicant's occupational license was revoked or surrendered;

(2) No criminal charges are pending against the applicant at the time of application; and

(3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.

(i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee shall immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter.

(j) Whenever the commission revokes or suspends the license of a community association manager, a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section.

(k) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this chapter.

(l) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such status shall be sufficient grounds for refusal of a license or suspension of a license. In such cases, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this chapter.

(m) Where the commission has previously sanctioned any applicant for a license under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such sanction may in itself be a sufficient ground for refusing the license.

O.C.G.A. § 43-40-18

(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) A real estate broker or qualifying broker shall be held responsible for any licensee whose license is affiliated with such broker's firm should such licensee violate any of the provisions of this chapter and its attendant rules and regulations unless the broker is able to demonstrate that such broker:

(1) Had reasonable procedures in place for supervising the affiliate's actions;

(2) Did not participate in the violation; and

(3) Did not ratify the violation.

No provision of this subsection shall be construed as altering the provisions of Code Section 43-40-30.1.

(c) The real estate brokerage activities of each firm shall be under the direct management and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and continuing procedures for:

(1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations;

(2) Providing programs for study and review of this chapter and its rules and regulations for all licensed associates;

(3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract;

(4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations;

(5) Ensuring that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure and that when it pays compensation to an individual licensee, other than another firm, the license of such individual licensee was assigned to the firm by the commission at the time such individual licensee earned the compensation paid;

(6) Ensuring that proper disbursements are made from trust accounts;

(7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain;

(8) Providing all licensed personnel with written policies and procedures under which they are expected to operate;

(9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and

(10) Assuring that an individual with appropriate management authority is reasonably available to assist licensees and the public in real estate transactions handled by the firm.

(d) While a broker or qualifying broker may elect to delegate any of the management duties cited in subsection (c) of this Code section, such broker or qualifying broker is responsible for the acts of the person to whom such duty is delegated.

(e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership. The qualifying broker for a firm which operates as a limited partnership must be the general partner. If the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general partner. The qualifying broker for a firm which operates as a limited liability company must be a member or, if the articles of organization or a written operating agreement vests management of the limited liability company in a manager or managers, a manager may serve as the qualifying broker. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains.

O.C.G.A. § 43-40-19

(a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 30 days of such change.

(b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:

(1) Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or

(2) Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker or the qualifying broker of a firm.

(c) A licensee transferring to a new broker may continue to act as a licensee for the former broker with regard to transactions begun prior to the transfer, provided:

(1) Both brokers agree in writing to the licensee's actions on behalf of the former broker;

(2) The transactions on which the licensee will act on behalf of the former broker are enumerated in the written agreement between the brokers;

(3) The former broker agrees in writing to assume full responsibility for the licensee's activities in the enumerated transactions; and

(4) The written agreement expresses the terms under which the licensee shall be compensated by the former broker.

(d) A salesperson or community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's or community association manager's license except as provided in subsection (c) of this Code section.

O.C.G.A. § 43-40-2

(a) There is created the Georgia Real Estate Commission, which shall be composed of six members, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of five years. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. Five of the members shall be licensees who shall have been residents of this state and actively engaged in the real estate business for five years. The sixth member of the commission shall have no connection with the real estate industry whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns.

(b) Members of the commission shall serve until their successors are appointed and qualified. Vacancies on the commission shall be filled by appointment of a successor for the unexpired term of office by the Governor. Four members shall constitute a quorum for the transaction of any business of the commission. The commission shall organize by selecting from its members a chairperson and may do all things necessary and convenient to carry this chapter into effect. The commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairperson thereof shall deem it necessary to give full consideration to the business before the commission. Members of the commission or others may be designated by the chairperson of the commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the commission in the advancement of the profession and the standards of the real estate business.

(c) A member of the commission shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the commission's initiating a contested case under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," against a member, such member shall be recused from voting on such matter and may not discuss such matter with other commission members or be present when the commission discusses or votes on such matter.

(d) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:

(1) Inability to perform or neglecting to perform the duties required of members;

(2) Incompetence;

(3) Dishonest conduct; or

(4) Having a disciplinary sanction, other than a citation or a letter of findings authorized by this chapter, imposed by any professional licensing agency on such member's right to practice a trade or profession.

(e) The commission is authorized to pass rules and regulations, not inconsistent with this chapter, relating to the professional conduct of licensees and the administration of this chapter.

(f) Each member of the commission shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of his or her official duties.

(g) The commission, through its chairperson, shall file a written report with the Governor and a copy thereof with both houses of the General Assembly on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of all actions taken by the commission, a financial report of income and disbursements, staff personnel, and number of persons licensed by the commission. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The commission shall also outline a program of education and research for each ensuing year, for which a line appropriation shall be requested.

(h) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act"; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State.

O.C.G.A. § 43-40-20

(a) Each broker who accepts down payments, earnest money deposits, security deposits, rents, association fees, or other trust funds in a real estate brokerage transaction or whose affiliated licensees accept such trust funds shall maintain a separate, federally insured account at a financial institution in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker or the broker's affiliated licensees, on behalf of a principal or any other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment. A broker who does not accept trust funds in real estate brokerage transactions is not required to maintain a designated trust or escrow account; provided, however, that if a broker does not maintain such a trust or escrow account and later receives trust funds in a real estate brokerage transaction, such broker must open the designated trust or escrow account required by this subsection within one business day of the receipt of such trust funds.

(b) Each broker who is required to maintain a trust or escrow account shall notify the commission of the name of the bank in which the trust account is maintained and also the number of the account or, if the bank does not use numbered accounts, the name of the account on forms provided therefor.

(c) Each broker who maintains a trust account shall authorize the commission to examine such trust account by a duly authorized representative of the commission. The commission may examine such account at any time upon reasonable cause. The commission shall examine each broker's trust account or accounts during each renewal period. In lieu of an examination of any such account or accounts by a duly authorized representative of the commission, the commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations. In lieu of the renewal period examination by a duly authorized representative of the commission, the commission may accept with the broker's renewal application and fee a summary of data on the broker's trust account or accounts on a form prepared by or approved by the commission if that data appears complete and includes no indication of irregularities. The commission, after initiating an authorized investigation, may require that a broker supply to it written reports on the status of the broker's designated trust account or accounts.

(d) A broker may maintain more than one trust account if the commission is advised of such account, as specified in subsections (a), (b), and (c) of this Code section.

(e) A broker shall not be entitled to any part of the earnest money, security deposit, or other trust funds paid to the broker in connection with any real estate transaction as part or all of the broker's commission or fee until the transaction has been consummated or terminated.

(f) Any licensee, acting in the capacity of principal in the sale of interests in real estate owned by such licensee, shall deposit in a trust account in a state bank or trust company or any foreign bank which authorizes the commission to examine its records of such deposits those parts of all payments received on contracts which are necessary to meet any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance, or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper accounting on such property is made to the parties entitled thereto.

(g) The commission, in its discretion, may allow a nonresident broker who accepts any trust funds in a real estate brokerage transaction to maintain the trust account required in subsection (a) of this Code section in a bank of such nonresident broker's state of residence, provided that the commission is authorized to examine the account at such time or times as the commission may elect and that the licensee meets the requirements of any rules which the commission may establish regarding the maintenance of such accounts.

(h) Community association managers, salespersons, or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained, the number of the account, and the name of the licensee who owns the account. The licensee who owns such account shall maintain such records on the account as are required by this chapter and the applicable rules and regulations for brokers in maintaining their trust accounts. The licensee who owns such account shall provide to such licensee's broker on at least a quarterly basis a written reconciliation statement comparing the licensee's total trust liability with the reconciled bank balance of the licensee's trust account.

O.C.G.A. § 43-40-21

Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section 43-40-20 or if any broker or the officers, members, or partners of any firm licensed as a real estate broker shall refuse to submit their books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition; and the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon such receiver by the court.

O.C.G.A. § 43-40-22

(a) The commission is authorized and directed to establish and maintain a real estate education, research, and recovery fund. All funds in the real estate recovery fund established by Ga. L. 1973, p. 100, shall be transferred to and utilized through the real estate education, research, and recovery fund.

(b) The commission shall maintain a minimum balance of $1 million in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $25,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition:

(1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $75,000.00 on behalf of such licensee;

(2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and

(3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $25,000.00 from the fund.

(c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the education, research, and recovery fund.

(d) (1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. The commission shall have the right to intervene in and defend any such action.

(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon 30 days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section. The commission shall have the right to intervene in and object to such verified claim on the issue of whether or not the claim was in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto.

(3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show that such person:

(A) At the time of the cause of action, was not a spouse of the judgment debtor; or a parent, sibling, or child of the judgment debtor or the judgment debtor's spouse; or the personal representative of such person or persons;

(B) Has complied with all the requirements of this Code section;

(C) Has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, the aggrieved person had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties;

(D) Has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized;

(E) Has caused the judgment debtor to make discovery under oath concerning the judgment debtor's property, in accordance with Chapter 11 of Title 9, the "Georgia Civil Practice Act";

(F) Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment;

(G) Has discovered by such search no personal or real property or other assets liable to be sold or applied or that certain of them, being described, owned by the judgment debtor and liable to be so applied have been discovered and that the aggrieved person has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and

(H) Has applied the following items, if any, as recovered by the aggrieved person, to the actual or compensatory damages awarded by the court:

(i) Any amount recovered from the judgment debtor or debtors;

(ii) Any amount recovered from the bonding company or companies; or

(iii) Any amount recovered in out-of-court settlements as to particular defendants.

(4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements.

(5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him or her for recovering the amount awarded by the judgment of the court.

(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a firm, the license of the qualifying broker of the firm shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection.

(7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent a year.

(e) The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state treasury and held in a special fund to be known as the "Real Estate Education, Research, and Recovery Fund" and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic insurance companies under Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the real estate education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the real estate education, research, and recovery fund.

(f) It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, untrue, or contains any material misstatement of fact and shall constitute a misdemeanor.

(g) When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it may deem appropriate on behalf and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant.

(h) When, upon the order of the court, the commission has paid from the real estate education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any payment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited to the fund. If the total amount collected on the judgment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission attempting to collect assigned judgments shall be paid from the fund.

(i) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section.

(j) The commission, in its discretion, may use any and all funds from new licensee payments to the real estate education, research, and recovery fund or from accrued interest earned on the fund for the purpose of helping to underwrite the cost of developing courses, conducting seminars, conducting research projects on matters affecting real estate brokerage, publishing and distributing educational materials, or other education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of this chapter and its rules and regulations; provided, however, that the commission shall not expend or commit sums for educational or research purposes in such amounts as would cause the real estate education, research, and recovery fund to be reduced to an amount less than $1 million.

(k) In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $1 million is maintained in the real estate education, research, and recovery fund, may assess each licensee, only upon renewal of the license, an amount not to exceed $30.00 per year.

O.C.G.A. § 43-40-22.1

(a) The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance coverage protecting the community associations being managed by the broker against loss of any funds belonging to those community associations being held or controlled by the broker.

(b) The commission shall establish through its rules and regulations the criteria that such fidelity bonds or fidelity insurance, if required, must meet.

(c) Each broker providing community association management services shall maintain a copy of any mandatory fidelity bond or fidelity insurance policy and a current certificate of each such bond or insurance policy showing current coverage, shall provide a copy thereof to the community association, and shall produce a copy thereof at the reasonable request of the commission or any of its agents for their inspection.

O.C.G.A. § 43-40-24

(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 action arose.

(b) No broker 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 any person acting in the broker's behalf was duly licensed in Georgia at the time the alleged cause of action arose.

(c) No broker shall bring or maintain any action against another broker nor shall any affiliated licensee bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee in Georgia at the time the alleged cause of action arose.

(d) The commission by and through its commissioner may bring an action for any violation of this chapter.

O.C.G.A. § 43-40-25

(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation, or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, those listed in this Code section, the commission shall have the power to take any one or more of the following actions:

(1) Refuse to grant or renew a license to an applicant;

(2) Administer a reprimand;

(3) Suspend any license or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the license or approval;

(4) Revoke any license or approval;

(5) Revoke the license of a broker, qualifying broker, or associate broker and simultaneously issue such licensee a salesperson's license;

(6) Impose on a licensee, applicant, approved school, or approved instructor monetary assessments in an amount necessary to reimburse the commission for the administrative, investigative, and legal costs and expenses incurred by the commission in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the "Georgia Administrative Procedure Act";

(7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree;

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(8) Require completion of a course of study in real estate brokerage or instruction;

(9) Require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or

(10) Limit or restrict any license or approval as the commission deems necessary for the protection of the public.

Any action taken by the commission pursuant to this subsection may, at its discretion, be construed as a "disciplinary sanction" or "sanction" as such terms are used in this chapter.

(b) Licensees shall not engage in any of the following unfair trade practices:

(1) Because of race, color, religion, sex, disability, familial status, or national origin:

(A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person;

(B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith;

(C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination;

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(D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or

(E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate;

(2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted;

(3) Failing to account for and remit any money coming into the licensee's possession which belongs to others;

(4) Commingling the money or other property of the licensee's principals with the licensee's own;

(5) Failing to maintain and deposit in a separate, federally insured account at a financial institution all money received by such broker acting in such capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in such funds have agreed otherwise in writing;

(6) Failing to disclose in writing to a principal in a real estate transaction any of the following:

(A) The receipt of a fee, rebate, or other thing of value on expenditures made on behalf of the principal for which the principal is reimbursing the licensee;

(B) The payment to another broker of a commission, fee, or other thing of value for the referral of the principal for brokerage or relocation services; or

(C) The receipt of anything of value for the referral of any service or product in a real estate transaction to a principal;

(7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license;

(8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker;

(9) Acting in the dual capacity of agent and undisclosed principal in any transaction;

(10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property;

(11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing;

(12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent;

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(13) Inducing any party to a contract of sale or lease, or a brokerage agreement to break such contract or brokerage agreement for the purpose of substituting in lieu thereof any other contract or brokerage agreement with another principal;

(14) Negotiating a sale, exchange, or lease of real estate directly with an owner, a lessor, a purchaser, or a tenant if the licensee knows that such owner or lessor has a written outstanding listing contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker or that such purchaser or tenant has a written outstanding exclusive brokerage agreement with another broker, unless the outstanding listing or brokerage agreement provides that the licensee holding such agreement will not provide negotiation services to the client;

(15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title;

(16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage;

(17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions:

(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death;

(B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; or

(C) By the brokerage firm holding a licensee's license to an unlicensed firm in which an individual licensee affiliated with the brokerage firm owns more than a 20 percent interest provided:

(i) Such individual licensee earned the commission on behalf of the brokerage firm;

(ii) Such unlicensed firm does not perform real estate brokerage activity;

(iii) The affiliated licensee and the brokerage firm have a written agreement authorizing the payment to the unlicensed firm; and

(iv) The brokerage firm obtains and retains written evidence that the affiliated licensee owns more than a 20 percent interest in the unlicensed firm to which the compensation will be paid;

(18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal;

(19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;

(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files;

(21) Making any substantial misrepresentations;

(22) Acting for more than one party in a transaction without the express written consent of all parties to the transaction;

(23) Failure of an associate broker, salesperson, or community association manager to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker;

(24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists;

(25) Having demonstrated incompetency to act as a real estate licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing;

(26) Obtaining a brokerage agreement, a sales contract, or a lease from any owner, purchaser, or tenant while knowing or having reason to believe that another broker has an exclusive brokerage agreement with such owner, purchaser, or tenant, unless the licensee has written permission from the broker having the first exclusive brokerage agreement; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors;

(27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, any offer or other document that resulted in the depositing of trust funds, accounting records related to the maintenance of any trust account required by this chapter, and other documents relating to real estate closings or transactions or failing to produce such documents at the reasonable request of the commission or any of its agents for their inspection;

(28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction;

(29) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing account prior to depositing those funds into such account;

(30) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties;

(31) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager;

(32) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management services without the express written consent of that association to do so;

(33) Failure to deliver to a community association terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide:

(A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for;

(B) All records and documents received from the community association or received on the association's behalf; and

(C) Any funds held on behalf of the community association;

(34) Failure to deliver to a property owner terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide:

(A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for;

(B) All records and documents received from the property owner or received on the owner's behalf; and

(C) Any funds held on behalf of the property owner;

(35) Inducing any person to alter, modify, or change another licensee's fee or commission for real estate brokerage services without that licensee's prior written consent; or

(36) Failing to obtain a person's written agreement to refer that person to another licensed broker for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral.

(c) When a licensee has previously been sanctioned by the commission or disciplined by any other state's real estate brokerage licensing authority, the commission may consider any such prior sanctions or disciplinary actions by another state's real estate brokerage licensing authority in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after opportunity for a hearing.

(d) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a firm or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction.

(e) Whenever a community association manager, a salesperson, or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted pursuant to this chapter either with the proper delegation of that duty or act by the broker or without the broker's authorization, the commission may impose any sanction permitted under this chapter on the license of such community association manager, salesperson, or associate broker.

O.C.G.A. § 43-40-25.2

(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 disciplinary sanction.

(b) Whenever the evidence gathered in an investigation reveals an apparent violation of this chapter or of the rules and regulations promulgated by the commission or the apparent commission of any unfair trade practice by a licensee, the commission, in its discretion, may:

(1) Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-40-25 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50;

(2) Issue a citation to the licensee. Such citation, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices and inform the licensee of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's designated trust account; or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or a combination of the above. If the licensee fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of a licensee to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's license, after notice and opportunity for a hearing; or

(3) Issue a letter of findings to the licensee if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices. A letter of findings shall be confidential and shall not appear on the license history of a licensee. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-40-27.

(c) The commission is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and unfair trade practices which may be the basis for the issuance of a citation or a letter of findings.

O.C.G.A. § 43-40-26

(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 agreed to by the commission, all such hearings shall be held in the county of domicile of the commission.

(b) If any licensee or applicant fails to appear at any hearing after reasonable notice, the commission may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the commission in a disciplinary proceeding shall be served upon the licensee or applicant by personal service or by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the commission. If such material is returned marked "unclaimed" or "refused" or is undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such licensee or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the licensee or applicant.

(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission.

O.C.G.A. § 43-40-27

(a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant for licensure, licensee, or real estate courses and instructors approved by the commission. Except for investigations of applicants for licensure, investigations of allegations of fraudulent conduct or of mishandling of funds held in a fiduciary capacity, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the commission shall not initiate an investigation on its own motion or investigate a licensee's activity as the result of a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation.

(b) Any person authorized to conduct an investigation on behalf of the commission shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the commission.

(c) In the conduct of an authorized investigation, the commissioner or chairperson of the commission may issue subpoenas to compel production of such writings, documents, or material on behalf of the commission. After the service of a notice of hearing, the commissioner or chairperson of the commission may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the commission or at the request of a respondent. The commission or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court.

(d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the commission upon an affirmative vote of a majority of the quorum of the commission, review by the licensee or applicant who is the subject of the notice of hearing after its service, review by the commission's legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction; provided, however, if an investigation authorized by this chapter results in the commission's filing a notice of hearing or entering into settlement discussions with a member of the commission, the commission shall immediately notify the Governor or the Governor's legal counsel of such action by the commission. After service of a notice of hearing, a licensee or applicant who is the subject of the notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the hearing. Nothing in this subsection shall prevent the commission, in its sole discretion, from notifying persons who request investigations or the licensee or applicant who is the subject of the notice of hearing of the receipt of a request for investigation or the commission's disposition of the investigation nor from making available to the public any document that becomes a public record during the hearing process authorized by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(e) Whenever the commission revokes or suspends a license, a school approval, or an instructor approval or whenever a licensee, an approved school, or an approved instructor surrenders a license or an approval to the commission in a contested case as defined in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the commission may publish the name of such licensee, approved school, or approved instructor on its official website or in any other official publication of the agency.

(f) The commission shall have the authority to exclude all persons during the commission's or the staff of the commission's:

(1) Deliberations on disciplinary proceedings;

(2) Meetings with a licensee or an applicant or the legal counsel of that licensee or applicant in which the licensee or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; and

(3) Review of the results of investigations initiated under this Code section.

O.C.G.A. § 43-40-29

(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 owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to January 1, 1989;

(2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;

(3) A licensed practicing attorney acting solely as an incident to the practice of law;

(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument;

(5) Any officer or employee of a government agency in the conduct of official duties;

(6) Any person employed by a public or private utility who performs any act with reference to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein;

(7) Any person who, as owner or through another person engaged by such owner on a full-time basis or as owner of a management company whose principals hold a controlling ownership of such property, provides property management services or community association management services, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person;

(8) Any person employed on a full-time basis by the owner of property for the purpose of providing property management services or community association management services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such property;

(8.1) Any person employed on a full-time basis by a community association for the purpose of providing community association management services;

(9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who:

(A) Does not receive a fee for such referral from the party being referred;

(B) Does not charge an advance fee; and

(C) Does not act as a referral agent in more than three transactions per year;

(10) Any individual employed by a broker to assist in property management services on property on which the broker has a written management agreement that the broker procured from and negotiated with the owner, provided that such individual's activities are explicitly authorized by the broker in a written agreement between the broker and the employee and provided that such activities are limited to one or more of the following:

(A) Delivering a lease application, a lease, or any amendment thereto to any person;

(B) Receiving a lease application, a lease, or any amendment thereto, a security deposit, rental payment, or any related payment for delivery to and made payable to the broker or the owner;

(C) Showing a rental unit to any person, provided that the employee is acting under the direct instructions of the broker, and executing leases or rental agreements;

(D) Providing information authorized by the broker about a rental unit, a lease application, or a lease;

(E) Providing information to a tenant about the status of such tenant's security deposit or rent payments or to an owner about the owner's financial accounts and payments from the owner's tenants; and

(F) Performing any ministerial acts that are explicitly authorized by the broker in a written agreement between the broker and the employee.

Any broker utilizing the services of such an employee shall be held responsible under this chapter for the activities of that individual;

(11) Any person who provides property management services on properties available for less than 90 days' occupancy by guests or occupants and meets all of the following conditions:

(A) The property manager enters into a written agreement with the owner specifying all terms and conditions under which the property is to be managed, the reporting of income and expenses, and the remitting of income to the owner;

(B) The management agreement between the property manager and the owner does not allow the property manager to rent or lease the property and any agreement between the property manager and the guest or occupant is not a lease or rental agreement;

(C) Any applicable zoning laws do not prohibit short-term occupancy uses of the property;

(D) The guest's or occupant's occupancy is for less than 90 days;

(E) No deposit exceeds the cost of the rental required for the minimum rental period;

(F) The guest or occupant pays any required state or local sales taxes or excise taxes on rooms, lodgings, and accommodations and the property manager has any required state or local business licenses or permits;

(G) The property manager has the authority to specify rooms or units that the guest or occupant will occupy;

(H) No extra charge is made for basic utilities;

(I) Notice is not required for a guest or occupant to terminate occupancy of the room or unit, except as provided under the provisions of Article 1 of Chapter 21 of this title; and

(J) The room or unit is not the permanent residence of the guest or occupant;

(12) Any person who is a member of a community association and who provides community association management services only to one community association of which such person is a member;

(13) Any person who performs only physical maintenance on a property; or

(14) A licensed certified public accountant acting solely as an incident to the practice of public accounting.

(b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44.

(c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license.

(d) The exceptions in subsection (a) of this Code section are not applicable to a person who uses or attempts to use them for the purpose of evading licensure required by this chapter.

O.C.G.A. § 43-40-30

(a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act defined in paragraph (2) of Code Section 43-40-1, whether as a part of a transaction or as an entire transaction, shall be deemed a licensee within the meaning of this chapter. The commission of a single such act by a person who is required to be licensed under this chapter but who is not so licensed shall constitute a violation of this chapter.

(b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29.

(c) Notwithstanding any other provisions of law to the contrary, the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker without a license. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the commission.

(d) The violation of any cease and desist order of the commission under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the commission, and the commission shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation.

(e) Initial judicial review of the decision of the commission entered pursuant to this Code section or an action for enforcement of such decision shall be available solely in the superior court of the county of domicile of the commission.

(f) Nothing in this Code section shall be construed to prohibit the commission from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

O.C.G.A. § 43-40-30.1

Nothing contained in this chapter shall be construed as establishing an employer-employee or broker-independent contractor relationship between licensees. Whether brokers and their affiliated licensees establish employer-employee or broker-independent contractor relationships shall be at the discretion of the licensees.

O.C.G.A. § 43-40-4

(a) There is established within the commission the office of real estate commissioner.

(b) The commissioner shall be a full-time employee of the commission and shall serve as the chief executive officer of the commission. The commission shall in its discretion appoint the commissioner and fix his or her annual salary. Any person, in order to qualify for appointment to the office of commissioner, shall be a person of good moral character and shall possess such qualifications as the commission may require. The commissioner shall hold no interest in any real estate business or related business while serving as commissioner. The commissioner, with the approval of the commission, may employ and fix the compensation of a secretary, investigators, and other staff to assist the commissioner in his or her duties. Such employees shall not be placed in the classified service as defined by Code Section 45-20-2, provided that nothing in this chapter shall be construed to affect any employee in the classified service as of July 1, 1981.

(c) The commissioner shall take an oath to discharge faithfully the duties of his or her office.

(d) The commissioner shall be charged with the duties and powers as delegated by the commission.

(e) The commissioner shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his or her duties, the same as other state officers and employees, and shall receive payment of the same in the manner provided for members of the commission.

O.C.G.A. § 43-40-5

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 a fee to keep their licenses on an inactive status. Such license shall be taken off the inactive status and returned to the commissioner or employee when his employment is terminated.

O.C.G.A. § 43-40-6

(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 commission.

(b) The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification. The commission may certify the license history of a licensee based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the commission may:

(1) Destroy the paper record; or

(2) Retain the paper record for a period of time determined by the commission.

O.C.G.A. § 43-40-7

(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:

(1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;

(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and

(3) Such other information as the commission shall require.

(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the commission, shall be confidential. The commission shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee or approval of a school, course, or instructor as the commission may determine by rule.

O.C.G.A. § 43-40-8

(a) In order to qualify to become an applicant for a community association manager's license, an individual shall:

(1) Have attained the age of 18 years;

(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;

(3) Be a high school graduate or the holder of a certificate of equivalency;

(3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions;

(4) Furnish evidence of completion of at least 25 instructional hours in a community association manager's course of study approved by the commission; and

(5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers who provide community association management services and community association managers after completing the requirements of paragraph (4) of this subsection.

Failure to meet any of these requirements shall be grounds for denial of license without a hearing.

(b) In order to qualify to become an applicant for a salesperson's license, an individual shall:

(1) Have attained the age of 18 years;

(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;

(3) Be a high school graduate or the holder of a certificate of equivalency;

(3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions;

(4) Furnish evidence of completion of at least 75 instructional hours in a salesperson's course of study approved by the commission; and

(5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection.

Failure to meet any of these requirements shall be grounds for denial of license without a hearing.

(c) In order to qualify to become an applicant for a broker or associate broker's license, an individual shall:

(1) Have attained the age of 21 years;

(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;

(3) Be a high school graduate or the holder of a certificate of equivalency;

(3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions;

(4) Have maintained a license in active status for at least three of the five years immediately preceding the filing of an application to become a broker;

(5) Furnish evidence of completion of 60 instructional hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant shall furnish evidence of completion of an additional 75 instructional hours in courses or a course of study approved by the commission; and

(6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after maintaining a license in active status for at least three of the five years immediately preceding such examination.

Failure to meet any of these requirements shall be grounds for denial of license without a hearing.

(d) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 25 instructional hours approved by the commission. As a condition of satisfactory completion of this course, the licensee shall stand and pass an examination that the commission approves and that covers the subject matter contained in the course. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily an approved 25 instructional hour course may reinstate the license in the following manner:

(1) Any salesperson who has enrolled in any approved 25 instructional hour course within one year of the issuance of an original license, has paid all required fees for the course, and has not completed all in-class sessions, required exercises, or examinations for any reason may reinstate the license by completing the course within six months of the lapsing of the license; or

(2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection shall complete 25 instructional hours in a course of study approved by the commission and pay such penalty fees as the commission may require through its rules and regulations before making application to reinstate such license.

(e) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license shall furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education shall total at least six instructional hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses shall be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met. Individuals serving on active duty in the armed forces of the United States or in the General Assembly may choose not to meet the continuing education requirements of this subsection while on active duty or during their terms of office. Members of the armed forces or the General Assembly who choose to exercise this temporary exemption option and whose term of active duty or of office exceeds two years shall be required to complete the 25 instructional hour course referenced in subsection (d) of this Code section within six months of the conclusion of their active duty or term of office.

(f) Instructors in all of the approved courses shall be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require.

(g) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of subsections (d) and (e) of this Code section or any other provisions of this chapter.

(h) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business. The commission may prepare and distribute to the public educational material deemed of assistance to consumers engaging in business in real estate transactions with persons licensed under this chapter.

(i) The commission, through its rules and regulations, shall establish standards for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school shall comply with Code Sections 43-40-15 through 43-40-31. Each approved school shall designate an individual approved by the commission to act as its director and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and rules and regulations promulgated under this chapter. An approved school shall authorize its director to bind the school to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction.

O.C.G.A. § 43-40-9

(a) A nonresident holding a license on July 1, 1991, shall not be required to meet the requirements of this Code section in order to continue to hold a license unless such nonresident allows that license to lapse or applies for a different type of license.

(b) The commission may grant a license to a nonresident of this state who is not licensed in such nonresident's state of residence if that applicant meets the age, education, and examination requirements prescribed in Code Section 43-40-8.

(c) In order to be licensed in this state, nonresidents who are licensed in another state must meet any requirements established by the commission, which may include:

(1) Show satisfactory proof of current licensure in the applicant's state of residence;

(2) Pay any required fees;

(3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state;

(4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident firm until said firm qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;

(5) Provide any documentation required by the commission of the applicant's licensure in any other state and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a nonresident;

(6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the real estate commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee; and

(7) Agree in writing to cooperate with any investigation initiated by the commission by promptly supplying any documents any authorized investigator of the commission may request and by personally appearing at the commission's offices or other location in this state as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail or statutory overnight delivery to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted under this chapter.

(d) The commission in its discretion may enter into written agreements with similar licensing authorities of other states as may be necessitated by those states' laws to assure for Georgia licensees nonresident licensure opportunities comparable to those afforded to nonresidents by this Code section. Whenever the commission determines that another state does not offer nonresident licensure to Georgia licensees with requirements substantially comparable to those afforded to licensees of that state by this Code section, the commission shall require licensees of such state who apply for nonresident licensure to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia licensees who seek nonresident licensure, not to exceed such requirements as prescribed in Code Section 43-40-8.

(e) (1) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a "licensed broker of another state" means the licensed broker and other brokers or salespersons licensed under such broker. The Georgia broker shall maintain for at least three years after its expiration date a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:

(A) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia;

(B) How the brokers will divide any earned commissions;

(C) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker;

(D) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker;

(E) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker;

(F) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission; that said contract, agreement, or offer shall be construed under Georgia law; and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer;

(G) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and

(H) Such other matters as the commission may require by rule and regulation.

(2) Notwithstanding any other provision of this Code section, the commission in its discretion may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees.

(3) Notwithstanding any other provision of this chapter, when a licensed broker of another state is acting only as a referral agent which involves only the mere referral of one person to another and such referring broker is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or any other real estate brokerage activity, a licensed broker in Georgia may divide or share a real estate commission with such licensed broker in another state.

(f) Whenever an out-of-state broker operating under a written agreement permitted by subsection (e) of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspending or revoking the Georgia broker's right to enter into such written agreements with out-of-state brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection (e) of this Code section and the commission's rules and regulations.

(g) Reserved.

O.C.G.A. § 43-41-2

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 an individual person, doing business or seeking, offering, or contracting to do business as a contractor or otherwise performing or acting as a contractor as defined in this Code section.

(3) "Contracting" means performing or causing to be performed any of the activities set forth in paragraphs (4), (5), (9), (10), and (11) of this Code section which define the types of contractors. The offering of contracting services and the negotiation of or bid or proposal for engagement or a contract requiring performance of these services also constitutes contracting.

(4) "Contractor," except as specifically exempted by this chapter, means a person who is qualified, or required to be qualified, under this chapter and who, for compensation, contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or personally or by others performs the construction or the management of the construction for an owner of any building, bridge, or other structure, including a person who installs industrialized buildings as defined in paragraphs (3) and (4) of Code Section 8-2-111, for the construction or improvement of, addition to, or the repair, alteration, or remodeling of any such building, bridge, or structure for use by the owner or by others or for resale to others. The term "contractor" for purposes of this chapter shall include a person who contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does himself or herself perform, for an owner:

(A) Construction management services relative to the performance by others of such construction activities where the person performing such construction management services is at risk contractually to the owner for the performance and cost of the construction; and

(B) Services of a contractor as part of performance of design-build services, whether as a prime contractor, joint venture partner, or as a subcontractor to a design professional acting as prime contractor as part of a design-build entity or combination.

Both residential and general contractors, in addition to contractors licensed under Chapter 14 of this title to perform such work or any component thereof, shall be permitted to construct storm-water management systems comprising any storm-water conveyance or storm-water detention facility that moves storm or surface water from a specific point on a wholly contained construction project site to another specific point on the same project site and which are wholly contained within the project site and are not part of or connected to any public or private water treatment system, waste-water treatment system, or storm-water system.

(5) "General contractor" means a contractor whose services are unlimited as to the type of work which he or she may do, subject to the financial limitations as may be imposed by a subclassification created pursuant to paragraph (8) of subsection (b) of Code Section 43-41-5, and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter including within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a general contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the general contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. The construction of all private, commercial, institutional, industrial, public, and other buildings and structures under contract with or engagement directly by an owner shall be undertaken by a general contractor, except as otherwise expressly set forth in or excluded from operation of this chapter.

(6) An "owner" of real property means a person or entity that has a majority ownership interest in the real property to be improved and for whom an improvement is made or who contracts with or engages, directly or through an agent, the contractor to perform the construction work or services.

(7) "Qualifying agent" means a person who possesses the requisite skill, knowledge, and experience and has the responsibility to supervise, direct, manage, and control all of the contracting activities within the State of Georgia of a contractor doing business in the form of a business organization, with which he or she is affiliated by employment or ownership; who has the responsibility to supervise, direct, manage, and control construction activities on any project for which he or she has obtained the building permit pursuant to Code Section 43-41-14; and whose technical and personal qualifications have been determined by investigation and examination as provided in this chapter, except as exempted under Code Section 43-41-8, as attested by the division.

(8) "Real property" means the real estate, or an interest therein, that is improved, including leaseholds, tenements, and easements, and improvements constructed or placed thereon.

(9) "Residential contractor" means any contractor who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter for a fixed price, commission, fee, wage, or other compensation or who undertakes any activity or work on his or her own behalf or for any person or business organization that is not licensed as a licensed residential contractor pursuant to this chapter where such activity or work falls into the category of residential-basic contractor or residential-light commercial contractor as defined in this Code section and where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $2,500.00. The term "residential contractor" shall include both a residential-basic contractor and a residential-light commercial contractor, except where otherwise expressly stated. The work or activity performed by a residential contractor may include within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a residential contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the residential contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title.

(10) "Residential-basic contractor" means and encompasses a person who performs contractor work or activity relative to detached one-family and two-family residences and one-family townhouses not over three stories in height and their accessory buildings and structures;

(11) "Residential-light commercial contractor" means and encompasses a person who performs any contractor work or activity performed by a residential-basic contractor and, additionally, shall include such contractor work or activity related to multifamily and multiuse light commercial buildings and structures, and their related accessory buildings and structures, which are less than four stories in height; less than 25,000 square feet in aggregate interior floor space, except as otherwise provided in this chapter; and are constructed of wood or light gauge metal frame, brick veneer, prefabricated, or manufactured type of construction; or are preengineered steel buildings not exceeding 50,000 square feet of interior floor space; provided that such buildings or structures are not of the type of building or structure that would constitute a special hazard to property or to life and safety of persons as defined in subparagraphs (A), (C), (D), (E), (F), (G), (G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more stories, of paragraph (1) of subsection (b) of Code Section 25-2-13.

(12) "Specialty contractor" means a contractor whose scope of work and responsibility is of limited scope dealing with only a specific trade and directly related and ancillary work and whose performance is limited to such specialty construction work requiring special skill and requiring specialized building trades or crafts, including, but not limited to, such activities, work, or services requiring licensure under Chapter 14 of this title.

O.C.G.A. § t47-ch4

Georgia Code Title 47, Chapter 4 (2024) - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM :: 2024 Georgia Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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                                2024 CODE OF GEORGIA

Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121)

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                                                        Article 1 - GENERAL PROVISIONS (§§ 47-4-1 — 47-4-2)




                                                        Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30)




                                                        Article 3 - MEMBERSHIP IN THE RETIREMENT SYSTEM (§§ 47-4-40 — 47-4-41)




                                                        Article 4 - EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO THE RETIREMENT SYSTEM (§§ 47-4-60 — 47-4-61)




                                                        Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-4-80 — 47-4-81)




                                                        Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS (§§ 47-4-100 — 47-4-106)




                                                        Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-4-120 — 47-4-121)














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O.C.G.A. § t48-ch4

Georgia Code Title 48, Chapter 4 (2023) - TAX SALES :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                                        Article 1 - SALES UNDER TAX EXECUTIONS (§§ 48-4-1 — 48-4-7)




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                                                        Article 5 - AD VALOREM TAX FORECLOSURES (§§ 48-4-75 — 48-4-81)




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O.C.G.A. § t51-ch3

Georgia Code Title 51, Chapter 3 (2023) - LIABILITY OF OWNERS AND OCCUPIERS OF LAND :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                                2023 CODE OF GEORGIA

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                                                        Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-3)




                                                        Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26)




                                                        Article 3 - LANDOWNER IMMUNITY (§§ 51-3-30 — 51-3-31)




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Georgia Code Title 51, Chapter 4 (2023) - WRONGFUL DEATH :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Justia
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                Georgia Code
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                2023 CODE OF GEORGIA
         ›

                Title 51 - TORTS (§§ 51-1-1 — 51-16-5)
         ›

                Chapter 4 - WRONGFUL DEATH (§§ 51-4-1 — 51-4-6)








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                                2023 CODE OF GEORGIA

Title 51 - TORTS (§§ 51-1-1 — 51-16-5) Chapter 4 - WRONGFUL DEATH (§§ 51-4-1 — 51-4-6)

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                                                        Section 51-4-1 - Definitions




                                                        Section 51-4-2 - Wrongful death of spouse or parent




                                                        Section 51-4-3 - [Reserved] Persons entitled to bring action for wrongful death of wife or mother; survival of action; service on and intervention of parties not joining; effect of final judgment




                                                        Section 51-4-4 - Wrongful death of child




                                                        Section 51-4-5 - Recovery by personal representative for wrongful death and for certain expenses




                                                        Section 51-4-6 - Notification of licensing boards of judgments against health care provider














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O.C.G.A. § t51-ch5

Georgia Code Title 51, Chapter 5 (2023) - LIBEL AND SLANDER :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

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                Justia
         ›

                US Law
         ›

                US Codes and Statutes
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                Georgia Code
         ›

                2023 CODE OF GEORGIA
         ›

                Title 51 - TORTS (§§ 51-1-1 — 51-16-5)
         ›

                Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12)








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                                                                                                                                                    2023
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                                                                                                                                                        Other previous versions














                                2023 CODE OF GEORGIA

Title 51 - TORTS (§§ 51-1-1 — 51-16-5) Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12)

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                                                        Section 51-5-1 - Libel defined; publication prerequisite to recovery




                                                        Section 51-5-2 - Newspaper libel defined; publication prerequisite to recovery




                                                        Section 51-5-3 - What constitutes publication of libel




                                                        Section 51-5-4 - Slander defined; when special damage required; when damage inferred




                                                        Section 51-5-5 - Inference of malice; rebuttal thereof; effect of rebuttal




                                                        Section 51-5-6 - Truth as justification




                                                        Section 51-5-7 - Privileged communications




                                                        Section 51-5-8 - Absolute privilege of allegations in pleadings




                                                        Section 51-5-9 - Right of action for malicious use of privilege




                                                        Section 51-5-10 - Liability for defamatory statements in visual or sound broadcast; damages




                                                        Section 51-5-11 - Admissibility of evidence in libel action concerning correction and retraction; effect thereof on damages




                                                        Section 51-5-12 - Admissibility of evidence in defamation action concerning correction and retraction; effect on damages














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        Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.




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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)