Ga. Comp. R. & Regs. 590-1-1-.02

Current through Rules and Regulations filed through November 22, 2024

Rule 590-1-1-.02 - Description of Departments

The Divisions listed in Rule 590-1-1-.01 have varied duties, some of which may not be directly reflected by the division titles, but which are otherwise within the authority of the Office of Secretary of State.

(a)Administration Division. Under the management of the Director of Administration, this Division provides staff support to the entire Office of Secretary of State, as follows:

1. Budget:

(i) prepares and submits the annual budget for the Office of Secretary of State, and monitors expenditures against it;

(ii) secures approval for budget amendments, as necessary;

2. Accounting:

(i) processes and posts all disbursements and receipts;

(ii) provides payroll services to all employees;

3. Information Management:

(i) coordinates computer services for all divisions;

4. Personnel:

(i) coordinates all personnel activities;

5. Procurement:

(i) coordinates the purchasing and surplusing of all supplies and equipment;

6. Support Services:

(i) handles all mail distribution, mass mailouts, inventory of supplies and equipment, and warehousing of supplies.

(b)Administrative Procedure Division. The Administrative Procedure Division is designated by the Secretary of State to carry out the provisions of the Georgia Administrative Procedure Act (O.C.G.A. § 50-13-1 et seq., as amended) as it relates to the Secretary of State and to carry out the provisions of O.C.G.A. § 45-13-22, as amended. This Division:

1. receives, records, and makes available for public examination and copying all rules and regulations of State agencies required by O.C.G.A. § 50-13-1 et seq., as amended, to file such rules and regulations with the Secretary of State;

2. maintains files of the original copy of all such rules and regulations as described in subparagraph (b)1. of this Rule;

3. publishes in print or electronically the volumes of the Official Compilation Rules and Regulations of the State of Georgia (hereinafter,"Rules and Regulations");

4. composes the Administrative History of all new, amended, or repealed rules and regulations as described in subparagraph (b)1. of this Rule, as published in the Rules and Regulations;

5. at such time as the publishing of rules and regulations is temporarily withheld, or emergency rules are filed that will not be published, issues a Bulletin (usually appearing on the Instructional Sheet accompanying monthly supplements to the Rules and Regulations) notifying subscribers to supplements to said Rules and Regulations of same;

6. makes available upon request, in accordance with O.C.G.A. Sec. 50-13-7 of the Georgia Administrative Procedure Act, the Rules and Regulations to the heads of all departments, bureaus, agencies, commissions and boards of this State, members of the General Assembly, judges of the supreme court and court of appeals, judges, clerks and district attorneys of the superior courts free of charge, and to others at a price fixed by the Secretary of State;

7. upon request, under the Official Seal of the Secretary of State, provides certified copies of rules and regulations to the courts, members of the legal profession and interested persons;

8. supervises the publishing and distribution of electronic version and hard-bound volumes of Georgia Laws, Senate Journals and House Journals; and

9. maintains, and updates, a mailing list for circulation of electronic version and hard-bound volumes of Georgia Laws, Senate Journals and House Journals to the legal profession and the public.

(c)Corporations Division. The Corporations Division is divided into three subdivisions, the Corporate Certifications subdivision, the Special Services subdivision, and the Trademarks subdivision.

1. Corporate Certifications. O.C.G.A. Title 14 designates the Secretary of State as Ex Officio Corporation Commissioner. The Secretary of State is the granting authority for all Georgia ("domestic") corporations, limited partnerships, and limited liability companies, and for all out-of-state ("foreign") corporations, limited partnerships, and limited liability companies transacting business in Georgia. The Corporations Division is designated by the Secretary of State to carry out the provisions of O.C.G.A. Title 14. The functions carried out by this subdivision include the following:

(i) provides certificates of incorporation, certificates of limited partnership, certificates of organization, or certificates of authority to all businesses or persons desiring to incorporate or form corporations, limited partnerships, or limited liability companies in Georgia or do business in Georgia as a foreign corporation, limited partnership, or limited liability company who have filed such intent with the Secretary of State before actually commencing business;

(ii) issues all certificates to proposed new corporations, limited partnerships, and limited liability companies, certifications of fact, and files annual registrations on all domestic and foreign corporations, limited partnerships, and limited liability companies doing business in the State of Georgia. Any further documents, such as of amendment, merger, conversion, dissolution, cancellation, termination or withdrawal documents, filed subsequent to incorporation, formation, or registration are also reviewed, approved and certified by the Secretary of State;

(iii) charters all State banking, banking and trust, and trust companies, and insurance, railroad, canal, navigation, express, and telegraph companies;

(iv) charters credit unions, building and loan, and saving and loan associations; and

(v) maintains the permanent record of all such charter documents.

2. Special Services. This subdivision carries out the following functions:

(i) Service of Process:

(I) acts for the Secretary of State as agent for service of process under a number of statutes when other methods of process have failed or are ineffective, in accordance with O.C.G.A. § 45-13-26, as amended; and

(II) maintains a record of all service of process made upon the Secretary of State.

(ii) Consent to Service:

(I) issues letters of acknowledgement relating to consent to service filings made with the Secretary of State pursuant to O.C.G.A. § 10-1-416, as amended, and maintains a record of such filings; and

(II) maintains a record of consent to service filings submitted to the Department of Agriculture and the Department of Revenue pursuant to O.C.G.A. §§ 2-5-3 and 48-13-35, respectively.

(iii) Cable/Video State Franchise: Issues state franchises to cable service providers and video service providers, and processes subsequent amendments, transfers, renewals, and terminations of state franchises, in accordance with the provisions of the Consumer Choice for Television Act, O.C.G.A. § 36-76-1 et seq., as amended.

(iv) Private Child Support Collector: Registers private child support collectors pursuant to O.C.G.A. § 10-1-393.9 et seq., as amended.

(v) Other Special Service Filings: This subdivision is assigned administrative duties relating to the filing of the following:

(I) development authority resolutions filed pursuant to a number of statutes;

(II) verified statements by foreign entities acting as a trustee in Georgia filed pursuant to O.C.G.A. § 53-12-323, as amended;

(III) agent designation filings by nonresidents acting as trustees in Georgia filed pursuant to O.C.G.A. § 53-12-320, as amended;

(IV) deeds creating trust estate filings filed pursuant to O.C.G.A. § 53-12-152, as amended;

(V) designation of agent for service of process filings filed pursuant to O.C.G.A. § 9-2-25, as amended; and

(VI) mutual aid resource pacts filed pursuant to O.C.G.A. § 25-6-3, as amended.

3. Trademarks. This subdivision:

(i) issues a certificate of registration of trademarks or service marks to applicants seeking to register such marks in the State of Georgia, and who have complied with the provisions of O.C.G.A. 10-1-440 et seq., as amended;

(ii) issues appropriate certificates for registered trademarks or service marks that have been renewed, assigned, or cancelled in accordance with the provisions of O.C.G.A. 10-1-440 et seq., as amended; and

(iii) maintains for public inspection a record of all trademarks or service marks registered or renewed in accordance with the provisions of O.C.G.A. 10-1-440 et seq., as amended.

(d)Elections Division. This Division:

1. determines the forms of nomination petitions, ballots and other forms as required by the Georgia Election Code (Ga. L. 1964, Extra Sess., p. 26, et seq., as amended);

2. receives registration statements from political parties and bodies to determine their sufficiency prior to filing in accordance with the provisions of the Georgia Election Code, and receives any disputes concerning such statement;

3. receives and determines the sufficiency of nomination petitions of candidates filing notice of candidacy with the Secretary of State;

4. certifies the official ballot form, together with the official lists of all political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary, and the official lists of all candidates who have filed notices of candidacy with the Secretary of State to the proper superintendents;

5. furnishes to the proper superintendents all forms and supplies as required by Georgia Laws;

6. receives from the superintendents the returns of primaries and elections and canvasses, computes, and publishes the votes cast for candidates;

7. upon request, furnishes a certified copy of any document received in this Division;

8. determines and approves the form of ballots for use in special elections;

9. receives copy of Official Electors List from each County prior to each Primary, General Election and Special Election; furnishes copy upon request to any elector;

10. provides maps of Congressional, State Senatorial and House Districts, Judicial Districts, and County Outline maps;

11. compiles results of each County and Municipal referendum each year and publishes such results in back of Georgia Laws;

12. provides administrative support to the State Election Board;

13. prepares commissions and related documents for issuance by the Governor following election or appointment of all Congressional, State, and County officers, special police officers, and all appointees of the Governor as provided by law;

14. prepares and publishes:

(i) Georgia Election Code;

(ii) Georgia Municipal Election Code;

(iii) Georgia Official Directory of Congressional, State and County Officers;

(iv) Criminal Code of Georgia; and

(v) Juvenile Court Code of Georgia;

15. in accordance with Ga. L. 1945, p. 128, handles certifications of Acts of the General Assembly, and compiles, indexes, reproduces, distributes and conveys such laws to permanent storage;

16. each year compiles Municipal and County Home Rule Ordinances, and other information, which is published in the bound volumes of Georgia Laws;

17. maintains a current mailing list of all Congressional, State, and County officers;

18. issues personal identification cards to:

(i) all Congressional, State, and County officers and their appointees;

(ii) special police officers; and

(iii) appointees of the Governor;

19. issues Great Seal certifications for the Governor of the State of Georgia; and

20. conducts election seminars for election and registration officials.

(e)Professional Licensing Boards Division.

1. The Professional Licensing Boards Division of the Office of Secretary of State, in accordance with O.C.G.A. § 43-1-1 et seq., as amended, has been established to provide various administrative, financial and investigative functions for the professional licensing boards, under a centralized administrative structure in order to promote efficiency, coordinate policy, and increase public accountability.

2. The Secretary of State appoints a Director of the Professional Licensing Boards Division, whose duties are to:

(i) bring together and keep all records relating to the professional licensing boards;

(ii) develop, review and monitor budgets of the professional licensing boards;

(iii) develop, revise and standardize, where appropriate, administrative processes and procedures through which supportive services are provided to the boards;

(iv) receive all applications for licenses, with consent of board concerned;

(v) schedule the time and place for examinations;

(vi) provide for investigations and schedule the time and place for all hearings;

(vii) issue certificates upon authority of the professional licensing board concerned;

(viii) collect all fees now required by law in connection with the licensing of trades and professions;

(ix) determine the expiration, renewal, and penalty dates for licenses and certificates issued by the professional licensing boards.;

(x) administer the provisions of the Uniform Athlete Agents Act, O.C.G.A. § 43-4A-1, et seq., as amended; and

(xi) administer the provisions of Registration of Immigration Assistance Act, O.C.G.A. § 43-20A-1 et seq., as amended.

3. The professional licensing boards and advisory groups attached to the Professional Licensing Boards Division of the Office of Secretary of State are as follows:

(i) Georgia Board of Athletic Trainers;

(ii) State Board of Architects and Interior Designers;

(iii) Georgia Auctioneers Commission;

(iv) Georgia State Board of Cemeterians;

(v) Georgia Board of Chiropractic Examiners;

(vi) Georgia State Construction Industry Licensing Board;

(vii) Georgia Composite Board of Professional Counselors, Social Workers, Marriage and Family Therapists;

(viii) Georgia State Board of Cosmetology and Barbers;

(ix) Georgia Board of Examiners of Licensed Dietitians;

(x) State Board of Registration for Professional Engineers and Land Surveyors;

(xi) State Board of Registration for Foresters;

(xii) Georgia State Board of Funeral Service;

(xiii) Georgia State Board of Registration for Professional Geologists;

(xiv) State Board of Hearing Aid Dealers and Dispensers;

(xv) Lactation Consultant Advisory Group;

(xvi) Georgia Board of Landscape Architects;

(xvii) Georgia State Board for the Certification of Librarians;

(xviii) Georgia Board of Massage Therapy;

(xix) Music Therapy Advisory Group;

(xx) Georgia Board of Nursing;

(xxi) Georgia State Board of Nursing Home Administrators;

(xxii) State Board of Dispensing Opticians;

(xxiii) Georgia State Board of Examiners in Optometry;

(xxiv) Georgia State Board of Physical Therapy;

(xxv) State Board of Podiatry Examiners;

(xxvi) Georgia Board of Private Detective and Security Agencies;

(xxvii) Georgia State Board of Examiners of Psychologists;

(xxviii) State Licensing Board for Residential and General Contractors;

(xxix) State Board of Examiners for Speech-Language Pathology and Audiology;

(xxx) Georgia State Board of Occupational Therapy;

(xxxi) Georgia State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers;

(xxxii) State Board of Veterinary Medicine; and

(xxxiii) State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts.

(f)Securities and Charities Division. The Secretary of State is Commissioner of Securities by authority of Official Code of Georgia Annotated (O.C.G.A.) Sec. 10-5-1 et seq. The Securities and Charities Division is designated by the Secretary of State to implement the provisions of the Georgia Uniform Securities Act of 2008, as amended (O.C.G.A. Sec. 10-5-1 et seq.), and the Georgia Charitable Solicitations Act of 1988 (O.C.G.A. Sec. 43-17-1 et seq.). Under the direction of the Assistant Commissioner of Securities, this Division:

1. registers broker-dealers, broker-dealer agents, investment advisers, and investment adviser representatives who transact business within or from the State of Georgia;

2. receives applications, determines upon inquiry, examination and inspection that the requirements of the laws have been met, and registers offerings pursuant to the Georgia Uniform Securities Act prior to sales or offers to sell in the State of Georgia;

3. maintains an enforcement staff to investigate alleged violations of the Georgia Uniform Securities Act and the Georgia Charitable Solicitations Act of 1988;

4. issues a certificate of registration to charitable organizations, paid solicitors, and solicitor agents who seek to solicit contributions from persons in this state and who have complied with the relevant provisions of Georgia law.

Ga. Comp. R. & Regs. R. 590-1-1-.02

O.C.G.A. § 45-13-1 et seq.

Original Rule entitled "Description of Departments" was filed on December 29, 1978 as 590-1-.02; effective January 18, 1979.

Amended: Rule repealed and a new Rule of the same title adopted, and Rule renumbered as 590-1-1-.02. Filed March 30, 1981; effective April 19, 1981.

Amended: Rule repealed and a new Rule of the same title adopted. Filed September 19, 1985; effective October 9, 1985.

Amended: F. June 4, 2018; eff. June 24, 2018.