Rule 590-3-1-.10 - Determination of Filing Dates; Deficient Registrations; Abandonment of Registration Applications; Additional Information(1) Any application for registration, application for approval, report, or document required by the Act to be filed with the Secretary of State is considered filed when the completed application forms and required filing fees, and all other documents required by these Rules and the Act are received by the Secretary of State.(2) Any registration application filed pursuant to section 10-14-4 or 10-14-5 of the Act may be deemed deficient if any of the following conditions exist: (a) the application is not in the proper form; or(b) the application is not in compliance with section 10-14-4 or 10-14-5, or any other provision of the Act or rules promulgated thereunder.(3) When a registration application is found to be deficient, the Secretary of State may send a deficiency letter stating the grounds for noncompliance. If, following the transmission of a deficiency letter, no communication is received by the Secretary of State for a period of thirty (30) days, the application may be deemed abandoned, and the Secretary of State may issue a notice of opportunity for hearing pursuant to section 10-14-23 of the Act, stating that the Secretary of State proposes to issue an order dismissing the application. Nothing herein shall be deemed to restrict the ability of the Secretary of State to propose the issuance of an order of denial or dismissal for any other reason.(4) In addition to the documents specified in the Act, each cemetery owner, preneed dealer and merchandise dealer required to register with the Secretary of State and each principal officer and director thereof shall file, as part of the registration statement, a signed consent to a criminal background check in a form provided by the Secretary of State for the purpose of allowing the Secretary of State to determine whether any such person is subject to any of the prohibitions described in O.C.G.A. Sec. 10-14-8.(5) The Secretary of State may require the filing of a current copy of a registrant's rules and regulations and schedule of charges at the time of renewal of registration or the filing of any reports required by the Act.Ga. Comp. R. & Regs. R. 590-3-1-.10
O.C.G.A. Secs. 10-14-4, 10-14-14, 44-3-139.
Original Rule entitled "Determination of Filing Dates; Deficient Registrations; Abandonment of Registration Applications" was filed as Emergency Rule 590-3-1-0.8-.10 on July 7, 1983; effective July 1, 1983, the date of adoption, to remain in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter is adopted, as specified by the Agency.Amended: Permanent Rule of the same title adopted. Filed September 9, 1983; effective October 5, 1983, as specified by the Agency.Repealed: New Rule, entitled "Determination of Filing Dates; Deficient Registrations; Abandonment of Registration Applications, Additional Information" adopted. F. July 26, 2000; eff. August 15, 2000.Repealed: New Rule of same title adopted. F. Nov. 6, 2001; eff. Nov. 26, 2001. Repealed: New Rule of same title adopted. F. May 19, 2005; eff. June 8, 2005.