Rule 590-7-17-.03 - Public Access(1) The Secretary of State has determined that it is in the public interest to provide efficient and immediate access to the information contained in the automated database. Pursuant to these rules and subject to equipment availability, direct access to the database shall be provided on a non-discriminatory basis.(2) The Secretary of State is authorized to provide inquiry only access to the automated database on a terminal located in the public access area of the Division, if he finds that it is in the public interest to provide such service and sufficient equipment is available to accommodate the demand for such service. In order to provide equal access to the information the Secretary of State is authorized to post a use time schedule for access to such terminal.(3) The Secretary of State may enter into agreements to provide direct access to the automated database with Corporate Services Organizations, provided that: (a) The Secretary of State determines that access to and the intended use of the data is not adverse to the public interest;(b) the automated data processing equipment will support the demands placed on its operation by the Corporate Service Organization; and(c) the Corporate Service Organization: 1. files an application with the Secretary of State that will include the intended use of the data to the Secretary of State and provides to the Secretary of State the information requested on the application form;2. agrees to conform with the policies and procedures set forth by the Secretary of State concerning the utilization of the access;3. pays the installation and service charge set forth in published fees and services charges maintained by the Secretary of State;4. agrees to pay the transaction fees and charges set forth in the published fees and service charges maintained by the Secretary of State or establishes a depository account to be used for the payment of such fees or charges;5. agrees to pay the cost of any software necessary to provide direct access; and6. provides and pays for all modems, data transmission lines and communications equipment and charges directly related to the access.(4) The Secretary of State may disconnect the direct access provided by this Rule in the event he determines, after notice and opportunity for hearing, that:(a) the automated data processing equipment will not support direct access and will not allow the staff of the Secretary of State to perform its required functions;(b) the Corporate Service Organization is violating the terms of its agreement with the Secretary of State or its use of access is not in the public interest; or(c) The Corporate Service Organization is delinquent in payments to the Secretary of State of charges due under the terms of the agreement and as published in the fees and charges maintained by the Secretary of State.(5) Neither the Secretary of State, nor his staff, shall be liable for any services or information provided by a Corporate Service Organization to any person or entity.Ga. Comp. R. & Regs. R. 590-7-17-.03
O.C.G.A. §§ 14-9-1102, 14-9-1103 and 14-9-1104.
Original Rule entitled "Public Access" was filed on June 10, 1988; effective July 1, 1988, as specified by the Agency.