| 19 | 7 | | motor vehicle and used motor vehicle parts dealers, so as to remove the used car division and2 |
|---|
| 20 | 8 | | the used parts division of the State Board of Registration of Used Motor Vehicle Dealers and3 |
|---|
| 21 | 9 | | Used Motor Vehicle Parts Dealers; to confer the powers and duties of such divisions to the4 |
|---|
| 22 | 10 | | board; to revise the membership of the board; to revise the powers and duties of the board;5 |
|---|
| 23 | 11 | | to revise and clarify provisions relating to applications for and requirements of licenses; to6 |
|---|
| 24 | 12 | | revise provisions relating to the change of location by licensees; to revise and provide for7 |
|---|
| 25 | 13 | | definitions; to make conforming changes; to provide for related matters; to repeal conflicting8 |
|---|
| 26 | 14 | | laws; and for other purposes.9 |
|---|
| 27 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
|---|
| 28 | 16 | | SECTION 1.11 |
|---|
| 29 | 17 | | Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor12 |
|---|
| 30 | 18 | | vehicle and used motor vehicle parts dealers, is amended in Code Section 43-47-2, relating13 |
|---|
| 31 | 19 | | to definitions, by revising paragraph (3) and subparagraph (A) of paragraph (17) and adding14 |
|---|
| 32 | 20 | | a new paragraph to read as follows:15 |
|---|
| 35 | 22 | | "(2.1) 'Division director' shall have the same meaning as set forth in Code16 |
|---|
| 36 | 23 | | Section 43-1-1.17 |
|---|
| 37 | 24 | | (3) 'Established place of business' means a salesroom or sales office in a building or on18 |
|---|
| 38 | 25 | | an open lot of a retail used car dealership or at which a permanent business of bartering,19 |
|---|
| 39 | 26 | | trading, offering, displaying, selling, buying, dismantling, or rebuilding wrecked or used20 |
|---|
| 40 | 27 | | motor vehicles or parts is carried on, or the place at which the books, records, and files21 |
|---|
| 41 | 28 | | necessary to conduct such business are kept. Each such place of business shall be22 |
|---|
| 42 | 29 | | furnished with a working telephone listed in the name of the licensee for use in23 |
|---|
| 43 | 30 | | conducting the business, and shall be marked by an appropriate permanent sign as24 |
|---|
| 44 | 31 | | prescribed by the appropriate division under this chapter board, and meet or exceed any25 |
|---|
| 45 | 32 | | size requirements and standards prescribed by the board."26 |
|---|
| 46 | 33 | | "(17)(A) 'Used motor vehicle dealer' or 'used car dealer' 'Used motor vehicle dealer,'27 |
|---|
| 47 | 34 | | 'used car dealer,' or 'licensee' means any person who, for commission or with intent to28 |
|---|
| 48 | 35 | | make a profit or gain of money or other thing of value, sells, exchanges, rents with29 |
|---|
| 49 | 36 | | option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in30 |
|---|
| 50 | 37 | | used motor vehicles or who is engaged wholly or in part in the business of selling used31 |
|---|
| 51 | 38 | | motor vehicles, whether or not such motor vehicles are owned by such person. A motor32 |
|---|
| 52 | 39 | | vehicle wholesaler and a motor vehicle broker shall be deemed to be a used motor33 |
|---|
| 53 | 40 | | vehicle dealer or a used car dealer for the purposes of this chapter. Any independent34 |
|---|
| 54 | 41 | | motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be35 |
|---|
| 55 | 42 | | deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this36 |
|---|
| 56 | 43 | | chapter. Any motor vehicle auction company selling or offering for sale used motor37 |
|---|
| 57 | 44 | | vehicles to independent motor vehicle dealers or to individual consumers shall be38 |
|---|
| 58 | 45 | | deemed to be a used motor vehicle dealer or used car dealer for the purposes of this39 |
|---|
| 59 | 46 | | chapter except as otherwise provided in division (x) of subparagraph (B) of this40 |
|---|
| 60 | 47 | | paragraph. Without limiting any of the foregoing, the sale of five or more used motor41 |
|---|
| 61 | 48 | | vehicles in any one calendar year shall be prima-facie evidence that a person is engaged42 |
|---|
| 66 | 51 | | repossessed motor vehicles by selling or exchanging his or her interest in such motor44 |
|---|
| 67 | 52 | | vehicles only to licensees under this chapter shall not be considered a used motor45 |
|---|
| 68 | 53 | | vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage46 |
|---|
| 69 | 54 | | in activities which would bring him or her under the licensing requirements of this47 |
|---|
| 70 | 55 | | chapter."48 |
|---|
| 71 | 56 | | SECTION 2.49 |
|---|
| 72 | 57 | | Said chapter is further amended by revising Code Section 43-47-3, relating to creation of50 |
|---|
| 73 | 58 | | board, composition, terms of office, vacancies, election of chairperson, and divisions, as51 |
|---|
| 74 | 59 | | follows:52 |
|---|
| 75 | 60 | | "43-47-3.53 |
|---|
| 76 | 61 | | (a) There is created a State Board of Registration of Used Motor Vehicle Dealers and Used54 |
|---|
| 79 | 63 | | members:56 |
|---|
| 80 | 64 | | (1) Three members shall be independent used car dealers, at least one of whom shall be57 |
|---|
| 81 | 65 | | an independent used car dealer that sells at least 100 used motor vehicles in the State of58 |
|---|
| 82 | 66 | | Georgia each calendar year and that primarily or exclusively sells motor vehicles online;59 |
|---|
| 83 | 67 | | (2) One member Three members shall be appointed from the public at large and shall60 |
|---|
| 84 | 68 | | have no connection whatsoever with the sale of used cars or parts;61 |
|---|
| 85 | 69 | | (3) The state revenue commissioner, or a designated agent, shall be a permanent ex62 |
|---|
| 86 | 70 | | officio member and shall be authorized to vote on all matters before the board;63 |
|---|
| 87 | 71 | | (4) Reserved;64 |
|---|
| 88 | 72 | | (5)(4) One member shall be a representative of the automobile auction industry;65 |
|---|
| 89 | 73 | | (6) One member shall be an auto salvage pool operator;66 |
|---|
| 90 | 74 | | (7)(5) Two Three members shall be used motor vehicle parts dealers who are not67 |
|---|
| 91 | 75 | | rebuilders; and68 |
|---|
| 94 | 77 | | (8) One member shall be a rebuilder;69 |
|---|
| 95 | 78 | | (9) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is in70 |
|---|
| 96 | 79 | | the business of pawning automobile titles and is licensed as a used car dealer; and71 |
|---|
| 97 | 80 | | (10)(6) One member shall be a representative of the automobile insurance industry.72 |
|---|
| 98 | 81 | | (b) The members of the board referred to in paragraphs (1), (2), (5), (6), (7), (8), (9),73 |
|---|
| 99 | 82 | | and (10) of subsection (a) of this Code section shall be appointed by the Governor and shall74 |
|---|
| 100 | 83 | | take office on July 1, 1995, or as soon thereafter as appointed. The initial terms of those 1375 |
|---|
| 101 | 84 | | appointed members shall expire as follows: three on June 30, 1996; three on June 30, 1997;76 |
|---|
| 102 | 85 | | three on June 30, 1998; and four on June 30, 1999. Thereafter, the appointed members of77 |
|---|
| 103 | 86 | | the board shall serve terms of four years. All members shall be residents of this state. No78 |
|---|
| 104 | 87 | | more than two of the appointed members shall be from the same congressional district. 79 |
|---|
| 105 | 88 | | The terms of the two ex officio members The term of the ex officio member shall be80 |
|---|
| 106 | 89 | | coextensive with their his or her term of office.81 |
|---|
| 107 | 90 | | (b.1) Notwithstanding the provisions of subsection (a) of this Code section, all members82 |
|---|
| 108 | 91 | | serving on the board as of June 30, 2025, shall continue to serve as members of the board83 |
|---|
| 109 | 92 | | for the remainder of their terms of office but shall only be reappointed in accordance with84 |
|---|
| 110 | 93 | | the provisions of this Code section.85 |
|---|
| 111 | 94 | | (c) Any vacancies on the board shall be filled by the Governor for the remainder of the86 |
|---|
| 112 | 95 | | unexpired term. The members of the board shall annually elect one of their number to87 |
|---|
| 113 | 96 | | serve as chairperson for a term of two years. The board chairperson shall not also serve88 |
|---|
| 114 | 97 | | contemporaneously as the chairperson of either division under this chapter. The first term89 |
|---|
| 115 | 98 | | as chairperson of the board shall be served by a member or members elected from either90 |
|---|
| 116 | 99 | | division under this chapter; thereafter, the chairperson for each succeeding term shall not91 |
|---|
| 117 | 100 | | be elected from the same division as that of the chairperson from the immediately92 |
|---|
| 118 | 101 | | preceding term. In the event a chairperson of the board is unable to complete his or her93 |
|---|
| 119 | 102 | | term, his or her a successor for the remainder of the term shall be elected from the members94 |
|---|
| 120 | 103 | | of the board same division as was the chairperson who is unable to complete the term. The95 |
|---|
| 123 | 105 | | chairperson of the board shall be an ex officio member of both divisions under this chapter,96 |
|---|
| 124 | 106 | | however, the chairperson of the board shall not be counted for purposes of determining97 |
|---|
| 125 | 107 | | whether a quorum is present in the division meeting for the division in which he or she is98 |
|---|
| 126 | 108 | | not a regular member.99 |
|---|
| 127 | 109 | | (d)(1) The board shall be composed of two divisions, a used car division and a used parts100 |
|---|
| 128 | 110 | | division.101 |
|---|
| 129 | 111 | | (2) The members of the used car division shall be the three independent used car dealers,102 |
|---|
| 130 | 112 | | two of the members from the public at large, the state revenue commissioner or a103 |
|---|
| 131 | 113 | | designated agent, the representative of the automobile auction industry, and the104 |
|---|
| 132 | 114 | | pawnbroker. All powers and duties relating to used car dealers which are not specifically105 |
|---|
| 133 | 115 | | reserved to the board shall be assigned to the used car division. The used car division106 |
|---|
| 134 | 116 | | shall elect one of its members to serve as chairperson of the division for a period of one107 |
|---|
| 135 | 117 | | year.108 |
|---|
| 136 | 118 | | (3) The members of the used parts division shall be the third member from the public at109 |
|---|
| 137 | 119 | | large, the state revenue commissioner or a designated agent, the auto salvage pool110 |
|---|
| 138 | 120 | | operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder,111 |
|---|
| 139 | 121 | | and the representative of the automobile insurance industry. All powers and duties112 |
|---|
| 140 | 122 | | relating to used parts dealers which are not specifically reserved to the board shall be113 |
|---|
| 141 | 123 | | assigned to the used parts division. The used parts division shall elect one of its members114 |
|---|
| 142 | 124 | | to serve as chairperson of the division for a period of one year.115 |
|---|
| 143 | 125 | | (4) The chairperson of the board shall determine which of the two members from the116 |
|---|
| 144 | 126 | | public at large will serve in the used car division and which shall serve in the used parts117 |
|---|
| 145 | 127 | | division."118 |
|---|
| 146 | 128 | | SECTION 3.119 |
|---|
| 147 | 129 | | Said chapter is further amended by revising Code Section 43-47-4, relating to division120 |
|---|
| 148 | 130 | | director as secretary of board, as follows:121 |
|---|
| 155 | 134 | | issue licenses and certificates and perform such other duties as the board or the divisions124 |
|---|
| 156 | 135 | | may direct to carry out this chapter or as provided in Chapter 1 of this title."125 |
|---|
| 157 | 136 | | SECTION 4.126 |
|---|
| 158 | 137 | | Said chapter is further amended by revising Code Section 43-47-5, relating to reimbursement127 |
|---|
| 159 | 138 | | of board members, as follows:128 |
|---|
| 160 | 139 | | "43-47-5.129 |
|---|
| 161 | 140 | | The members of the board shall be reimbursed for their duties as board members and as130 |
|---|
| 162 | 141 | | division members as provided for in subsection (f) of Code Section 43-1-2."131 |
|---|
| 163 | 142 | | SECTION 5.132 |
|---|
| 164 | 143 | | Said chapter is further amended by revising Code Section 43-47-6, relating to general powers133 |
|---|
| 165 | 144 | | and duties of the board, as follows:134 |
|---|
| 166 | 145 | | "43-47-6.135 |
|---|
| 167 | 146 | | All powers and duties under this chapter not specifically reserved to the board shall be the136 |
|---|
| 168 | 147 | | powers and duties of the division. The board shall have the following powers and duties:137 |
|---|
| 169 | 148 | | (1) To receive applications for registration of licensees and to forward them to the138 |
|---|
| 170 | 149 | | appropriate division;139 |
|---|
| 171 | 150 | | (2) To make such rules and regulations as may be necessary to effectuate the140 |
|---|
| 172 | 151 | | administration and enforcement of this chapter and to protect the health, safety, and141 |
|---|
| 173 | 152 | | financial well-being of the public;142 |
|---|
| 174 | 153 | | (3) To arrange for all new applicants to have a criminal background check, which143 |
|---|
| 175 | 154 | | background check shall be mandatory. The applicant's fingerprints shall be forwarded144 |
|---|
| 176 | 155 | | to the Georgia Crime Information Center which shall run a criminal background check145 |
|---|
| 177 | 156 | | on the applicant and provide the results of the background check to the board. 146 |
|---|
| 182 | 159 | | Investigation for a national criminal history record check;148 |
|---|
| 183 | 160 | | (4) To publish in print or electronically on or before September 1 of each year an149 |
|---|
| 184 | 161 | | alphabetical listing of all licensees pursuant to this chapter and to distribute copies of the150 |
|---|
| 185 | 162 | | same, if requested, to the Department of Public Safety, the Department of Revenue, and151 |
|---|
| 186 | 163 | | the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and152 |
|---|
| 187 | 164 | | municipal police departments in this state;153 |
|---|
| 188 | 165 | | (5) To establish a fee for a license for each principal place of business and a fee for a154 |
|---|
| 189 | 166 | | supplemental license for each place of business not immediately adjacent to the principal155 |
|---|
| 190 | 167 | | place of business. The board may establish separate schedules of fees for such licenses156 |
|---|
| 191 | 168 | | depending on whether the applicant begins to do business as a licensee prior to or after157 |
|---|
| 194 | 170 | | (6) To do all other things necessary and proper to carry out the powers and duties listed159 |
|---|
| 195 | 171 | | in this Code section; and160 |
|---|
| 196 | 172 | | (7) To set the minimum size requirements and standards of an established place of161 |
|---|
| 197 | 173 | | business."162 |
|---|
| 198 | 174 | | SECTION 6.163 |
|---|
| 199 | 175 | | Said chapter is further amended by revising Code Section 43-47-7, relating to required164 |
|---|
| 200 | 176 | | license and records, as follows:165 |
|---|
| 201 | 177 | | "43-47-7.166 |
|---|
| 202 | 178 | | (a) It shall be unlawful for any person to operate as a used motor vehicle dealer in this state167 |
|---|
| 203 | 179 | | without first registering and obtaining a license from the used car division board as168 |
|---|
| 204 | 180 | | provided in this chapter.169 |
|---|
| 205 | 181 | | (b) It shall be unlawful for any person to operate as a used motor vehicle parts dealer in170 |
|---|
| 206 | 182 | | this state without first registering and obtaining a license from the used parts division board171 |
|---|
| 207 | 183 | | as provided in this chapter.172 |
|---|
| 212 | 186 | | keep the records required to be kept by this chapter."174 |
|---|
| 213 | 187 | | SECTION 7.175 |
|---|
| 214 | 188 | | Said chapter is further amended by repealing Code Section 43-47-8, relating to license176 |
|---|
| 215 | 189 | | applications, prerequisites, license fees, renewal, training or test, supplemental license,177 |
|---|
| 216 | 190 | | bonds, insurance, suspension for conviction or false statement, and meetings, and by enacting178 |
|---|
| 217 | 191 | | a new Code Section 43-47-8 to read as follows:179 |
|---|
| 220 | 193 | | (a) Any person desiring a license to be a used motor vehicle dealer or a used motor vehicle181 |
|---|
| 221 | 194 | | parts dealer in this state shall submit an application on a form and in such manner as may182 |
|---|
| 222 | 195 | | be prescribed by the board, which shall be accompanied by any applicable fees and183 |
|---|
| 223 | 196 | | evidence satisfactory to the board that the applicant:184 |
|---|
| 224 | 197 | | (1) Maintains an established place of business;185 |
|---|
| 225 | 198 | | (2) Has, within the preceding 12 months, attended a board approved training and186 |
|---|
| 226 | 199 | | information seminar, which shall not exceed one day in length, or passed a board187 |
|---|
| 227 | 200 | | approved examination, either of which shall relate to the requirements of licensees188 |
|---|
| 228 | 201 | | provided in this chapter, including books and records to be kept, requirements of the189 |
|---|
| 229 | 202 | | Department of Revenue applicable to licensees, and such other topics as in the opinion190 |
|---|
| 230 | 203 | | of the board promote good business practices of licensees;191 |
|---|
| 231 | 204 | | (3) Has applied for or obtained a certificate of registration, Department of Revenue192 |
|---|
| 232 | 205 | | Form ST-2;193 |
|---|
| 233 | 206 | | (4) Has posted or has made provision for the posting of the bond required under194 |
|---|
| 234 | 207 | | subsection (d) of this Code section; and195 |
|---|
| 235 | 208 | | (5) Maintains any liability and property damage insurance required under subsection (e)196 |
|---|
| 236 | 209 | | of this Code section.197 |
|---|
| 239 | 211 | | (b) Applications for a used motor vehicle dealer license or a used motor vehicle parts198 |
|---|
| 240 | 212 | | dealer license shall be made under oath and shall state the applicant's full name; date and199 |
|---|
| 241 | 213 | | place of birth; date and place of any conviction or arrest for any crime, including the plea200 |
|---|
| 242 | 214 | | of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other201 |
|---|
| 243 | 215 | | first offender treatment; and such additional information as the board may require to202 |
|---|
| 244 | 216 | | investigate the qualifications, character, competence, and integrity of the applicant. Each203 |
|---|
| 245 | 217 | | applicant shall submit with his or her application photographs or other renderings of his or204 |
|---|
| 246 | 218 | | her established place of business that show the complete facility, appropriate sign, and205 |
|---|
| 247 | 219 | | entire display area of the established place of business.206 |
|---|
| 248 | 220 | | (c) Each applicant for a used motor vehicle dealer license or a used motor vehicle parts207 |
|---|
| 249 | 221 | | dealer license shall furnish to the board a full set of fingerprints to enable a criminal208 |
|---|
| 250 | 222 | | background investigation to be conducted on the applicant so as to determine the209 |
|---|
| 251 | 223 | | applicant's suitability to be licensed under this chapter. The board shall submit the210 |
|---|
| 252 | 224 | | applicant's fingerprints to the Georgia Crime Information Center. If no criminal record is211 |
|---|
| 253 | 225 | | identified at the state level, the Georgia Crime Information Center is authorized to submit212 |
|---|
| 254 | 226 | | the fingerprints to the Federal Bureau of Investigation for a national criminal history check. 213 |
|---|
| 255 | 227 | | The Georgia Crime Information Center shall notify the board in writing of the results of214 |
|---|
| 256 | 228 | | such criminal background investigation, which shall be used by the board for the exclusive215 |
|---|
| 257 | 229 | | purpose of carrying out its responsibilities under this chapter, shall not be a public record,216 |
|---|
| 258 | 230 | | shall be privileged, and shall not be disclosed to any other person or agency. The applicant217 |
|---|
| 259 | 231 | | shall be responsible for all fees associated with the performance of such background218 |
|---|
| 260 | 232 | | investigation.219 |
|---|
| 261 | 233 | | (d)(1) Licensees shall be required, for each license or supplemental license issued in220 |
|---|
| 262 | 234 | | connection with an established place of business, to post a bond that is executed with a221 |
|---|
| 263 | 235 | | surety company duly authorized to do business in this state. Such bond shall be payable222 |
|---|
| 264 | 236 | | to the Governor for the use and benefit of any purchaser and vendees or successors in title223 |
|---|
| 265 | 237 | | of any used motor vehicle and shall be conditioned to pay all losses, damages, and224 |
|---|
| 268 | 239 | | expenses that may be sustained by such purchaser, his or her vendees, or successors in225 |
|---|
| 269 | 240 | | title that may be occasioned by reason of any misrepresentation, deceptive practice, or226 |
|---|
| 270 | 241 | | unfair practice or by reason of any breach of warranty as to such used vehicle. Such bond227 |
|---|
| 271 | 242 | | shall be in the amount of $35,000.00 for used car dealers and $10,000.00 for used parts228 |
|---|
| 272 | 243 | | dealers and shall be filed, prior to or immediately upon the granting of a license under229 |
|---|
| 273 | 244 | | this chapter, with the division director by the licensee and shall be approved by the230 |
|---|
| 274 | 245 | | division director as to form and as to the solvency of the surety.231 |
|---|
| 275 | 246 | | (2) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this232 |
|---|
| 276 | 247 | | subsection unless the board is informed in writing by a certified letter at least 30 days233 |
|---|
| 277 | 248 | | prior to the proposed cancellation.234 |
|---|
| 278 | 249 | | (3) If a surety or licensee cancels a bond issued pursuant to this subsection and the235 |
|---|
| 279 | 250 | | licensee fails to submit, within ten days of the effective date of the cancellation, a new236 |
|---|
| 280 | 251 | | bond, the board may revoke his or her license.237 |
|---|
| 281 | 252 | | (e)(1) Except for any person licensed under Chapter 6 of this title, who shall be exempt238 |
|---|
| 282 | 253 | | from the requirements of this subsection, licensees shall maintain, for each license or239 |
|---|
| 283 | 254 | | supplemental license issued in connection with an established place of business, public240 |
|---|
| 284 | 255 | | liability and property damage insurance with liability limits of not less than $50,000.00241 |
|---|
| 285 | 256 | | per person and $100,000.00 per accident, personal insurance liability coverage, and242 |
|---|
| 286 | 257 | | $25,000.00 property damage liability coverage.243 |
|---|
| 287 | 258 | | (2) No licensee shall cancel or cause to be canceled an insurance policy issued pursuant244 |
|---|
| 288 | 259 | | to this subsection unless the board is so informed in writing by certified mail at least 30245 |
|---|
| 289 | 260 | | days prior to the proposed cancellation.246 |
|---|
| 290 | 261 | | (3) If an insurance company or licensee cancels an insurance policy required under this247 |
|---|
| 291 | 262 | | subsection and the licensee fails to submit, within ten days of the effective date of such248 |
|---|
| 292 | 263 | | cancellation, a new insurance policy, the board may revoke his or her license.249 |
|---|
| 293 | 264 | | (f)(1) Each license issued pursuant to this chapter shall be in connection with a single250 |
|---|
| 294 | 265 | | established place of business, and licensees shall be required to obtain a supplemental251 |
|---|
| 297 | 267 | | license for each additional established place of business that is operated or proposed to252 |
|---|
| 298 | 268 | | be operated by the licensee that is not contiguous to an established place of business for253 |
|---|
| 299 | 269 | | which a license or supplemental license has been issued; provided, however, that a254 |
|---|
| 300 | 270 | | supplemental license shall not be required for any temporary site of a licensee.255 |
|---|
| 301 | 271 | | (2) A licensee applying for a supplemental license shall submit an application on a form256 |
|---|
| 302 | 272 | | and in such a manner as may be prescribed by the board accompanied by any applicable257 |
|---|
| 303 | 273 | | fees. Such application shall include:258 |
|---|
| 304 | 274 | | (A) The licensee's license number;259 |
|---|
| 305 | 275 | | (B) Photographs or other renderings of the licensee's additional established place of260 |
|---|
| 306 | 276 | | business for which a supplemental license is sought that shows the complete facility,261 |
|---|
| 307 | 277 | | appropriate sign, and entire display area of the additional established place of business; 262 |
|---|
| 308 | 278 | | (C) Evidence that the licensee has posted, or has made provision for the posting, of the263 |
|---|
| 309 | 279 | | bond required under subsection (d) of this Code section for such additional established264 |
|---|
| 310 | 280 | | place of business; and265 |
|---|
| 311 | 281 | | (D) Evidence that the licensee maintains any liability and property damage insurance266 |
|---|
| 312 | 282 | | required under subsection (e) of this Code section for such additional established place267 |
|---|
| 313 | 283 | | of business.268 |
|---|
| 314 | 284 | | (g) All licenses issued under this chapter shall be renewable biennially. The board may269 |
|---|
| 315 | 285 | | establish continuing education requirements for license renewals."270 |
|---|
| 316 | 286 | | SECTION 8.271 |
|---|
| 317 | 287 | | Said chapter is further amended in Code Section 43-47-8.2, relating to place of business,272 |
|---|
| 318 | 288 | | temporary sites, and penalties, by revising paragraph (5) of subsection (b) as follows:273 |
|---|
| 319 | 289 | | "(5) The fee for each application for a temporary site permit shall be $100.00 established274 |
|---|
| 320 | 290 | | by the board."275 |
|---|
| 331 | 298 | | business or branch or other location occupied or to be occupied by the licensee in282 |
|---|
| 332 | 299 | | conducting his or her business; and the license or supplemental license issued therefor shall283 |
|---|
| 333 | 300 | | be conspicuously displayed on each of such premises. In the event any such location is284 |
|---|
| 334 | 301 | | changed, the appropriate division shall endorse the change of location on the license285 |
|---|
| 335 | 302 | | without charge.286 |
|---|
| 336 | 303 | | (b) If such location, as provided in subsection (a) of this Code section, of a licensee is287 |
|---|
| 337 | 304 | | changed, the licensee shall, at least 30 days prior to relocating to a new location, submit a288 |
|---|
| 338 | 305 | | change of location application, together with any additional fees as established by the289 |
|---|
| 339 | 306 | | board, to the division director. Such application shall be submitted in a form and manner290 |
|---|
| 340 | 307 | | as prescribed by the division director and shall include the licensee's license number and291 |
|---|
| 341 | 308 | | photographs of the new location in accordance with subsection (b) of Code292 |
|---|
| 342 | 309 | | Section 43-47-8. If the division director determines that the new location meets the293 |
|---|
| 343 | 310 | | requirements of this chapter and of the rules and regulations of the board, the division294 |
|---|
| 344 | 311 | | director shall approve the application and issue a new license that specifies the new295 |
|---|
| 345 | 312 | | location."296 |
|---|
| 346 | 313 | | SECTION 10.297 |
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| 347 | 314 | | Said chapter is further amended by revising Code Section 43-47-10, relating to investigation298 |
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| 348 | 315 | | of licensees by board, suspension or revocation of license, and other sanctions, as follows:299 |
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| 355 | 319 | | complaint in writing of any person, investigate the actions of any licensee or anyone who302 |
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| 356 | 320 | | shall assume to act in such capacity. The board Each division shall have power, in addition303 |
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| 357 | 321 | | to the other powers authorized by this chapter, to revoke or to suspend a license for a304 |
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| 358 | 322 | | specified time, to be determined in its discretion, or to invoke such other lesser sanctions,305 |
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| 359 | 323 | | including but not limited to the imposition of fines and penalty fees, which the board is306 |
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| 360 | 324 | | hereby authorized to create by rule, where:307 |
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| 361 | 325 | | (1) The licensee is found by a majority of the members of the board to have committed308 |
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| 362 | 326 | | any one or more of the following:309 |
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| 363 | 327 | | (A) Material misstatement in an application for a license;310 |
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| 364 | 328 | | (B) Willful and intentional failure to comply with any provisions of this chapter or any311 |
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| 365 | 329 | | lawful rule or regulation issued by the board under this chapter;312 |
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| 366 | 330 | | (C) Making any substantial misrepresentation;313 |
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| 367 | 331 | | (D) Making any false promises of a character likely to influence, persuade, or induce;314 |
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| 368 | 332 | | (E) Pursuing a continued and flagrant course of misrepresentation or the making of315 |
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| 369 | 333 | | false promises through agents, salespersons, advertising, or otherwise;316 |
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| 370 | 334 | | (F) Failure to account for or to remit any moneys coming into his or her possession317 |
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| 371 | 335 | | which belong to others;318 |
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| 372 | 336 | | (G) Having demonstrated unworthiness or incompetency to act as a licensee in such319 |
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| 373 | 337 | | manner as to safeguard the interest of the public;320 |
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| 374 | 338 | | (H) Fraud or fraudulent practice, unfair and deceptive acts or practices, misleading acts321 |
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| 375 | 339 | | or practices, or untrustworthiness or incompetency to act as a licensee, including, but322 |
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| 376 | 340 | | not limited to, the failure to provide the appropriate odometer disclosure forms required323 |
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| 377 | 341 | | by law or knowingly selling or offering for sale any used car on which the odometer has324 |
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| 378 | 342 | | been tampered with to reflect lower than the actual mileage the car has been driven;325 |
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| 383 | 345 | | use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any327 |
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| 384 | 346 | | of the licensing requirements as provided for in this chapter;328 |
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| 385 | 347 | | (J) The commission of any crime involving violence, a used motor vehicle, illegal329 |
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| 386 | 348 | | drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying,330 |
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| 387 | 349 | | or possession of a dangerous weapon; the conviction of, plea of guilty to, or plea of331 |
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| 388 | 350 | | nolo contendere to a crime involving violence, a used motor vehicle, illegal drugs, tax332 |
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| 389 | 351 | | evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or333 |
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| 390 | 352 | | possession of a dangerous weapon shall be conclusive evidence of the commission of334 |
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| 391 | 353 | | such crime;335 |
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| 392 | 354 | | (K) Use of untruthful or improbable statements or flamboyant or extravagant claims336 |
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| 393 | 355 | | concerning such licensee's excellence or abilities;337 |
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| 394 | 356 | | (L) The performance of any dishonorable or unethical conduct likely to deceive,338 |
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| 395 | 357 | | defraud, mislead, unfairly treat, or harm the public;339 |
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| 396 | 358 | | (M) The use of any false or fraudulent statement in any document in connection with340 |
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| 397 | 359 | | the business as a licensee;341 |
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| 398 | 360 | | (N) Violating or attempting to violate, directly or indirectly, or assisting in or abetting342 |
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| 399 | 361 | | the violation of, or conspiring to violate any of the provisions of this chapter, including343 |
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| 400 | 362 | | but not limited to (i) the failure to maintain the certificate of registration required by344 |
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| 401 | 363 | | Code Section 43-47-8 and (ii) the failure to keep records required by this chapter;345 |
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| 402 | 364 | | (O) Any other conduct, whether of the same or a different character than heretofore346 |
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| 403 | 365 | | specified, which constitutes dishonest dealing;347 |
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| 404 | 366 | | (P)(i) Any of the following activities by an automobile auction:348 |
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| 405 | 367 | | (I) Allowing a motor vehicle to be sold through an auction where the seller's name349 |
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| 406 | 368 | | does not appear on the face of the title;350 |
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| 411 | 371 | | receipt are not assigned to and processed for the buyer within 21 days of the352 |
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| 412 | 372 | | purchase;353 |
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| 413 | 373 | | (III) Failing to make available to the board, for investigative purposes, auction354 |
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| 414 | 374 | | records of a seller, for the purpose of determining if a seller sold more than five355 |
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| 415 | 375 | | motor vehicles in a calendar year; provided, however, that the board shall give the356 |
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| 416 | 376 | | auction reasonable notice during normal working hours;357 |
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| 417 | 377 | | (IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is358 |
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| 418 | 378 | | entitled to a refund of all of the purchase price when the title and tag receipt are not359 |
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| 419 | 379 | | assigned and processed within 21 days of the purchase;360 |
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| 420 | 380 | | (V) Failing to include on the bill of sale any warranty disclaimer; or361 |
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| 421 | 381 | | (VI) Accepting or delivering a certificate of title signed in blank.362 |
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| 422 | 382 | | (ii) The provisions of this subparagraph shall not apply where:363 |
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| 423 | 383 | | (I) The sale of the motor vehicle is not open to the general public;364 |
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| 424 | 384 | | (II) Either the seller or purchaser of the vehicle is a licensed used car dealer;365 |
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| 425 | 385 | | (III) The motor vehicle is sold as a repossessed or abandoned vehicle; or366 |
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| 426 | 386 | | (IV) The motor vehicle is sold on behalf of any government agency or by court367 |
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| 427 | 387 | | order.368 |
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| 428 | 388 | | (iii) A violation of this subparagraph shall also be grounds for suspension or censure369 |
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| 429 | 389 | | of a license under Code Section 43-6-18, and any auction violating this subparagraph370 |
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| 430 | 390 | | may be required by the board to surrender its master tag;371 |
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| 431 | 391 | | (Q) Acting to obtain or holding a license on behalf of another person who was372 |
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| 432 | 392 | | previously denied a license or had a license suspended or revoked under this chapter;373 |
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| 447 | 403 | | (U) Having willfully failed to keep or maintain the records required to be kept by this383 |
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| 448 | 404 | | chapter; or384 |
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| 449 | 405 | | (V) Having vacated the location of its place of business for thirty days or more without385 |
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| 450 | 406 | | having submitted a change of location application pursuant to Code Section 43-47-9;386 |
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| 451 | 407 | | or387 |
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| 452 | 408 | | (2) A majority of the members of the division board find that the licensee failed to388 |
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| 453 | 409 | | establish, maintain, or monitor procedural safeguards to ensure that the following389 |
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| 454 | 410 | | activities do not occur at the business, regardless of whether the licensee had actual390 |
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| 455 | 411 | | knowledge of any such activity or activities or regardless of whether there was an intent391 |
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| 456 | 412 | | on the part of any person to engage in any such activity or activities:392 |
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| 457 | 413 | | (A) Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of393 |
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| 458 | 414 | | Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975';394 |
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| 459 | 415 | | (B) Any of those activities described in paragraphs (1) through (6) of Code395 |
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| 460 | 416 | | Section 40-3-90; or396 |
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| 461 | 417 | | (C) Failure to obtain a certificate of title for a purchaser."397 |
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| 462 | 418 | | SECTION 11.398 |
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| 463 | 419 | | Said chapter is further amended in Code Section 43-47-12, relating to maintenance of records399 |
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| 464 | 420 | | by licensees and possession of vehicle or parts as evidence of purchase for resale, by revising400 |
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| 465 | 421 | | paragraph (4) of subsection (a) as follows:401 |
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| 468 | 423 | | "(4) Any other records which the appropriate division board may reasonably require to402 |
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| 469 | 424 | | protect the public, as relating to the licensee's method of operation and personnel403 |
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| 470 | 425 | | employed."404 |
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| 471 | 426 | | SECTION 12.405 |
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| 472 | 427 | | Said chapter is further amended by revising Code Section 43-47-14, relating to fines for406 |
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| 473 | 428 | | violation of chapter, as follows:407 |
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| 474 | 429 | | "43-47-14.408 |
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| 475 | 430 | | The Each division or the board may impose a fine not to exceed $500.00 for each violation409 |
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| 476 | 431 | | of any provision of this chapter. Such fines shall be listed in a schedule contained in the410 |
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| 477 | 432 | | rules and regulations of the board. The licensee shall pay the fine within 30 days after411 |
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| 478 | 433 | | receiving written notification from either the appropriate division board or a representative412 |
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| 479 | 434 | | of the division board unless the licensee requests in writing a hearing before the division413 |
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| 480 | 435 | | board. Such request for a hearing must be received by the division board within 30 days414 |
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| 481 | 436 | | after receipt of the written notification from the division board. Failure either to pay the415 |
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| 482 | 437 | | fine or request a hearing shall result in immediate suspension of the license pending a416 |
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| 483 | 438 | | hearing by the board to determine whether revocation or other disciplinary action should417 |
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| 484 | 439 | | be imposed on the licensee."418 |
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| 485 | 440 | | SECTION 13.419 |
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| 486 | 441 | | Said chapter is further amended by revising Code Section 43-47-17, relating to consent to420 |
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| 487 | 442 | | inspection as condition of licensure, as follows:421 |
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| 488 | 443 | | "43-47-17.422 |
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| 489 | 444 | | Every person required to be licensed under this chapter shall, as a condition of licensure,423 |
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| 490 | 445 | | be deemed to have granted authority and permission to the board, to either division, or to424 |
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| 491 | 446 | | any peace officer to inspect any record or document and any motor vehicle or motor425 |
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| 492 | 447 | | vehicle part or accessory at or on the premises of his or her principal place of business, or426 |
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| 497 | 450 | | reasonable business hours."428 |
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| 498 | 451 | | SECTION 14.429 |
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| 499 | 452 | | Said chapter is further amended in Code Section 43-47-21, relating to civil penalty, civil430 |
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| 500 | 453 | | action, right of private action, and persons already licensed to make changes at time of431 |
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| 501 | 454 | | renewal of license, by revising subsection (b) as follows:432 |
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| 502 | 455 | | "(b) The penalty provided in subsection (a) of this Code section and any restitution due to433 |
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| 503 | 456 | | specifically named consumers for violations of this chapter shall be recoverable by a civil434 |
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| 506 | 458 | | solicitor-general, or municipal or county attorney in any superior or state court having436 |
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| 507 | 459 | | proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the437 |
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| 508 | 460 | | clerk of the court in which such case is filed; provided, however, that in an action brought438 |
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| 509 | 461 | | on behalf of a county or municipality one-half of the proceeds of such civil penalty shall439 |
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| 510 | 462 | | be paid into the treasury of such county or municipality. The court shall order any440 |
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| 511 | 463 | | restitution recovered on behalf of any consumer to be paid over directly to the consumer441 |
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| 512 | 464 | | by the defendant."442 |
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| 513 | 465 | | SECTION 15.443 |
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| 514 | 466 | | All laws and parts of laws in conflict with this Act are repealed.444 |
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