| 1 | 1 | | 25 LC 39 4654 |
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| 2 | 2 | | House Bill 590 |
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| 3 | 3 | | By: Representatives Ford of the 170 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Burchett of the 176 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Corbett of the 174 |
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| 8 | 8 | | th |
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| 9 | 9 | | , McDonald |
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| 10 | 10 | | III of the 26 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Wiedower of the 121 |
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| 13 | 13 | | st |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and |
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| 18 | 18 | | 1 |
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| 19 | 19 | | businesses, so as to provide for the regulation of trailer manufacturers; to establish the State2 |
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| 20 | 20 | | Board of Trailer Manufacturers; to provide for membership, meetings, and duties of such3 |
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| 21 | 21 | | board; to provide for the issuance of licenses to manufacture trailers within this state; to4 |
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| 22 | 22 | | provide for application and licensing requirements; to require maintenance of certain records;5 |
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| 23 | 23 | | to provide for inspections; to authorize the suspension and revocation of such licenses; to6 |
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| 24 | 24 | | provide for the power to enjoin unlawful activity; to provide for a penalty; to provide for7 |
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| 25 | 25 | | punishment; to provide for timing for compliance; to provide for legislative purpose; to8 |
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| 26 | 26 | | provide for definitions; to provide for related matters; to repeal conflicting laws; and for9 |
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| 27 | 27 | | other purposes.10 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 29 | 29 | | SECTION 1.12 |
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| 30 | 30 | | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,13 |
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| 31 | 31 | | is amended by adding a new chapter to read as follows:14 |
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| 32 | 32 | | H. B. 590 |
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| 33 | 33 | | - 1 - 25 LC 39 4654 |
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| 34 | 34 | | "CHAPTER 45A15 |
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| 35 | 35 | | 43-45A-1.16 |
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| 36 | 36 | | This chapter is enacted in the exercise of the police powers of the state. Its purposes17 |
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| 37 | 37 | | generally are to protect the public health, welfare, and safety by providing for the18 |
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| 38 | 38 | | regulation of the manufacture of trailers in this state and sold for use upon public roadways.19 |
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| 39 | 39 | | 43-45A-2.20 |
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| 40 | 40 | | As used in this chapter, the term:21 |
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| 41 | 41 | | (1) 'Board' means the State Board of Trailer Manufacturers.22 |
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| 42 | 42 | | (2) 'Established place of business' means a building at which a permanent business of23 |
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| 43 | 43 | | constructing or assembling trailers is carried on.24 |
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| 44 | 44 | | (3) 'License' means any license issued to a manufacturer by the board or division director25 |
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| 45 | 45 | | on behalf of the board under this chapter.26 |
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| 46 | 46 | | (4) 'Manufacturer' means any person engaged in the business of constructing or27 |
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| 47 | 47 | | assembling a trailer.28 |
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| 48 | 48 | | (5) 'Person' means any individual, partnership, limited liability company, firm,29 |
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| 49 | 49 | | association, corporation, or combination of individuals of whatever form or character.30 |
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| 50 | 50 | | (6) 'Trailer' means a vehicle with or without motive power designed for carrying persons31 |
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| 51 | 51 | | or property and for being drawn by a motor vehicle and so constructed that no part of its32 |
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| 52 | 52 | | weight rests upon the towing vehicle.33 |
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| 53 | 53 | | 43-45A-3.34 |
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| 54 | 54 | | (a) There is established the State Board of Trailer Manufacturers, which shall administer35 |
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| 55 | 55 | | and enforce this chapter. The board shall be composed of nine members as follows:36 |
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| 56 | 56 | | (1) Three members who shall have no less than five years' experience as manufacturers;37 |
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| 57 | 57 | | H. B. 590 |
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| 58 | 58 | | - 2 - 25 LC 39 4654 |
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| 59 | 59 | | (2) Three members who shall be members of the state association of trailer38 |
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| 60 | 60 | | manufacturers;39 |
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| 61 | 61 | | (3) One member who shall be a resident of this state, be appointed from the public at40 |
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| 62 | 62 | | large, and have no connection whatsoever with the manufacture of trailers;41 |
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| 63 | 63 | | (4) The commissioner of public safety, or his or her designated agent, who shall be a42 |
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| 64 | 64 | | permanent ex officio member and shall be authorized to vote on all matters before the43 |
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| 65 | 65 | | board; and44 |
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| 66 | 66 | | (5) The commissioner of driver services, or his or her designated agent, who shall be a45 |
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| 67 | 67 | | permanent ex officio member and shall be authorized to vote on all matters before the46 |
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| 68 | 68 | | board.47 |
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| 69 | 69 | | (b) Except for members of the board who are state officials, each member of the board48 |
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| 70 | 70 | | shall be appointed by the Governor, and each term of office shall be three years or until a49 |
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| 71 | 71 | | successor has been appointed and qualified. Upon the expiration of each term, the50 |
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| 72 | 72 | | Governor shall appoint a successor as provided in subsection (a) of this Code section. Any51 |
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| 73 | 73 | | vacancy on the board arising from death, resignation, or other cause shall be filled by such52 |
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| 74 | 74 | | appointment for the unexpired term.53 |
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| 75 | 75 | | (c) The board shall select from among its own number a chairperson and a vice54 |
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| 76 | 76 | | chairperson and shall adopt rules and regulations governing the licensing of applicants and55 |
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| 77 | 77 | | the enforcement of this chapter and such other rules and regulations governing procedure56 |
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| 78 | 78 | | as shall be necessary and proper for the carrying out of the objectives of this chapter.57 |
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| 79 | 79 | | 43-45A-4.58 |
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| 80 | 80 | | (a) The board shall meet not less than once a year at a place, day, and hour determined by59 |
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| 81 | 81 | | the division director and as many other times per year as deemed necessary. Each member60 |
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| 82 | 82 | | of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.61 |
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| 83 | 83 | | (b) The division director shall notify each member of the board not less than ten days in62 |
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| 84 | 84 | | advance of the time and place of any meeting of the board.63 |
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| 85 | 85 | | H. B. 590 |
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| 86 | 86 | | - 3 - 25 LC 39 4654 |
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| 87 | 87 | | 43-45A-5.64 |
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| 88 | 88 | | (a) The board shall have the responsibility and duty of administering and enforcing this65 |
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| 89 | 89 | | chapter.66 |
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| 90 | 90 | | (b) The board shall:67 |
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| 91 | 91 | | (1) Supervise the issuance of licenses;68 |
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| 92 | 92 | | (2) License persons who make proper application to the division director and who meet69 |
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| 93 | 93 | | the qualifications of this chapter;70 |
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| 94 | 94 | | (3) Issue and renew licenses;71 |
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| 95 | 95 | | (4) Suspend or revoke licenses in the manner provided in this chapter;72 |
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| 96 | 96 | | (5) Appoint representatives to conduct annual inspections of licensees' manufacturing73 |
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| 97 | 97 | | facilities;74 |
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| 98 | 98 | | (6) Receive annual reports from licensees relating to annual sales of trailers; and75 |
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| 99 | 99 | | (7) Make available to the public a copy of this chapter, any amendments thereto, and all76 |
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| 100 | 100 | | adopted rules.77 |
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| 101 | 101 | | (c) The division director shall be guided by the recommendations of the board in all78 |
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| 102 | 102 | | matters relating to this chapter and shall assist the board in carrying out this chapter.79 |
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| 103 | 103 | | (d) In the administration and enforcement of this chapter, the board shall have the power80 |
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| 104 | 104 | | to adopt reasonable rules and regulations not inconsistent with this chapter and the81 |
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| 105 | 105 | | Constitution and laws of this state or of the United States for governing its times and places82 |
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| 106 | 106 | | of meetings; for organization and reorganization; for the performance of facility83 |
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| 107 | 107 | | inspections; for governing all other matters requisite to the exercising of its powers; for84 |
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| 108 | 108 | | issuing, suspending, or revoking licenses; and for the transaction of its business under this85 |
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| 109 | 109 | | chapter.86 |
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| 110 | 110 | | (e) The board may provide, by regulation, for inspections pursuant to Code87 |
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| 111 | 111 | | Section 43-45A-10 and the collection of reports required by Code Section 43-45A-11. The88 |
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| 112 | 112 | | division director may contract with third parties to perform administrative services related89 |
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| 113 | 113 | | to the inspections and reports required by this chapter.90 |
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| 114 | 114 | | H. B. 590 |
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| 115 | 115 | | - 4 - 25 LC 39 4654 |
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| 116 | 116 | | 43-45A-6.91 |
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| 117 | 117 | | (a) The board shall be authorized to require persons seeking renewal of a license issued92 |
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| 118 | 118 | | pursuant to this chapter to complete board approved continuing education or training93 |
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| 119 | 119 | | annually. The board shall be authorized to approve courses offered by institutions of94 |
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| 120 | 120 | | higher learning, specialty societies, or professional organizations and to designate the95 |
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| 121 | 121 | | number of hours required and the category or categories in which those hours should be96 |
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| 122 | 122 | | earned.97 |
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| 123 | 123 | | (b) The board shall be authorized to waive the continuing education and training98 |
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| 124 | 124 | | requirement of this Code section in cases of hardship, disability, or illness or under such99 |
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| 125 | 125 | | other circumstances as the board deems appropriate.100 |
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| 126 | 126 | | (c) The board shall be authorized to promulgate rules and regulations to implement and101 |
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| 127 | 127 | | ensure compliance with the requirements of this Code section.102 |
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| 128 | 128 | | 43-45A-7.103 |
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| 129 | 129 | | (a) It shall be unlawful for any person to operate as a manufacturer in this state without104 |
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| 130 | 130 | | first obtaining a license from the board pursuant to this chapter.105 |
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| 131 | 131 | | (b) No person shall operate as a manufacturer in this state or display a sign or in any way106 |
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| 132 | 132 | | advertise or make representations as a manufacturer in this state unless such person holds107 |
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| 133 | 133 | | an unsuspended, unrevoked license issued by the board.108 |
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| 134 | 134 | | (c) Duplicate licenses shall be issued by the board or division director on behalf of the109 |
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| 135 | 135 | | board to valid licensees operating more than one established place of business upon the110 |
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| 136 | 136 | | payment of an additional license fee for each established place of business, provided that111 |
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| 137 | 137 | | each such established place of business meets the requirements of this chapter.112 |
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| 138 | 138 | | 43-45A-8.113 |
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| 139 | 139 | | (a) An application to operate as a manufacturer in this state pursuant to this chapter shall:114 |
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| 140 | 140 | | (1) Be in writing on a form prescribed by or furnished by the board;115 |
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| 141 | 141 | | H. B. 590 |
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| 142 | 142 | | - 5 - 25 LC 39 4654 |
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| 143 | 143 | | (2) Contain the information required by this chapter; and116 |
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| 144 | 144 | | (3) Be accompanied by a fee of $150.00.117 |
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| 145 | 145 | | (b) The board or division director on behalf of the board shall issue or renew a license to118 |
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| 146 | 146 | | operate as a manufacturer upon demonstration by the applicant or licensee that such person:119 |
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| 147 | 147 | | (1) Maintains an established place of business and demonstrates evidence of minimum120 |
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| 148 | 148 | | liability and property damage insurance for such established place of business in an121 |
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| 149 | 149 | | amount determined by the board;122 |
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| 150 | 150 | | (2) Maintains insurance for unemployment and accidents arising out of and in the course123 |
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| 151 | 151 | | of employment in an amount determined by the board or in compliance with state or124 |
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| 152 | 152 | | federal laws;125 |
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| 153 | 153 | | (3) Possesses a National Highway Traffic Safety Administration approved manufacturer126 |
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| 154 | 154 | | identifier issued by the Society of Automotive Engineers;127 |
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| 155 | 155 | | (4) Has furnished to the United States Department of Transportation the information128 |
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| 156 | 156 | | required pursuant to 49 C.F.R. Section 566.5, as amended;129 |
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| 157 | 157 | | (5) Demonstrates that the established place of business meets all local and state building130 |
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| 158 | 158 | | code requirements; and131 |
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| 159 | 159 | | (6) When for renewal of a license, has successfully completed the continuing education132 |
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| 160 | 160 | | and training requirements established by the board pursuant to Code Section 43-45A-6133 |
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| 161 | 161 | | and paid the annual licensing fee required by Code Section 43-45A-10.134 |
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| 162 | 162 | | 43-45A-9.135 |
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| 163 | 163 | | (a) All licenses issued by the board pursuant to this chapter shall expire one year from the136 |
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| 164 | 164 | | date issued but may be renewed annually upon proper application. Each license required137 |
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| 165 | 165 | | by this chapter shall be conspicuously posted at each established place of business at all138 |
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| 166 | 166 | | times as may be required by regulations established by the board.139 |
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| 167 | 167 | | (b) A person whose license has been suspended or revoked or that has been refused a140 |
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| 168 | 168 | | license by the board may make a request in writing for a hearing before the board. Upon141 |
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| 169 | 169 | | H. B. 590 |
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| 170 | 170 | | - 6 - 25 LC 39 4654 |
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| 171 | 171 | | receipt of such request for hearing in proper form, the board shall schedule a hearing within142 |
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| 172 | 172 | | a reasonable time, but not later than 30 days. Such hearing and any appeal shall be143 |
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| 173 | 173 | | conducted in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia144 |
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| 174 | 174 | | Administrative Procedure Act.'145 |
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| 175 | 175 | | 43-45A-10.146 |
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| 176 | 176 | | (a) Every person required to be licensed under this chapter shall, as a condition of147 |
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| 177 | 177 | | licensure, be deemed to have granted authority and permission to the board, to a designee148 |
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| 178 | 178 | | of the board, or to any peace officer to inspect any record required to be kept pursuant to149 |
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| 179 | 179 | | Code Section 43-45A-11 at an established place of business or the premises where trailer150 |
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| 180 | 180 | | manufacturing is conducted at any reasonable time during the day or night during151 |
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| 181 | 181 | | reasonable business hours.152 |
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| 182 | 182 | | (b) Every person licensed under this chapter shall remit an annual licensing fee of153 |
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| 183 | 183 | | $1,500.00 to the board which shall be deposited in the general fund of the state treasury.154 |
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| 184 | 184 | | 43-45A-11.155 |
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| 185 | 185 | | (a) Every licensee shall retain the following records for a period of five years:156 |
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| 186 | 186 | | (1) The vehicle identification number of each trailer produced; and157 |
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| 187 | 187 | | (2) Sales records containing the date and name of purchaser.158 |
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| 188 | 188 | | (b) By December 31 of each year, every licensee shall submit to the board a list of the159 |
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| 189 | 189 | | vehicle identification numbers for each trailer sold or transferred that year.160 |
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| 190 | 190 | | 43-45A-12.161 |
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| 191 | 191 | | (a)(1) The board shall have the power to bring an action to enjoin any person that,162 |
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| 192 | 192 | | without being licensed by the board, manufactures trailers in this state. The action shall163 |
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| 193 | 193 | | be filed in the county in which such person resides or maintains an office or in the county164 |
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| 194 | 194 | | in which the established place of business is located. If it appears that the person is165 |
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| 195 | 195 | | H. B. 590 |
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| 196 | 196 | | - 7 - 25 LC 39 4654 |
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| 197 | 197 | | manufacturing trailers in this state without a license issued by the board, then such person166 |
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| 198 | 198 | | shall be enjoined from manufacturing trailers without a valid license throughout the state. 167 |
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| 199 | 199 | | It is declared that such unlicensed activities are a menace and a nuisance and are168 |
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| 200 | 200 | | dangerous to the public health, safety, and welfare; and, therefore, it shall not be169 |
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| 201 | 201 | | necessary, in order to obtain relief, as provided in this paragraph, for the board to allege170 |
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| 202 | 202 | | or prove that there is no adequate remedy at law.171 |
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| 203 | 203 | | (2) Any person who manufactures trailers in this state without a license shall have172 |
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| 204 | 204 | | committed the offense of unlawful trailer manufacturing and, upon conviction thereof,173 |
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| 205 | 205 | | shall be guilty of a misdemeanor.174 |
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| 206 | 206 | | (b) Except as otherwise provided for in subsection (a) of this Code section, any licensee175 |
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| 207 | 207 | | determined to be in violation of the requirements of this chapter shall, upon written notice176 |
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| 208 | 208 | | thereof from the board, remedy such violation within 90 days. The license of any licensee177 |
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| 209 | 209 | | that continues to violate the provisions of this chapter after such 90 days shall be suspended178 |
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| 210 | 210 | | for one year."179 |
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| 211 | 211 | | SECTION 2.180 |
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| 212 | 212 | | All laws and parts of laws in conflict with this Act are repealed.181 |
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| 213 | 213 | | H. B. 590 |
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| 214 | 214 | | - 8 - |
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