Rule 681-1-.01 - DefinitionsAs used in these Rules and Regulations and in the Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers' Registration Act, the following terms shall mean the following:
(a) "Administrative Procedures Act" means O.C.G.A. Chapter 50-13.(b) "Alter ego" means a person who is actually acting on behalf of and in the place of another person for purposes of being licensed or seeking licensure under this act, where the person on whose behalf the other person is acting is ineligible for licensure under Section 681-12-.05 of these rules.(c) "Applicant for a new license" means an individual or designee on behalf of a partnership, limited liability company, or corporation, who submits an application for a new license.(d) "Application for a new license" means an application made by an individual who has not held a valid license within the twelve months prior to the date of the application, except that any application made by an individual who has never attended the seminar shall be considered an application for a new license.(e) "Appropriate permanent sign" means a sign of sufficient size so as to apprise a reasonable consumer that a used motor vehicle business is being conducted at said location, identifying the business as a retail used car motor vehicle dealer, and using the name under which the applicant is to be licensed. The sign must meet the requirements in Board Rule 681-6-.01.(f) "Building" means a permanent structure affixed to real property and shall include modular or manufactured office building, tied down and on blocks, with the wheels removed.(g) "Business License" means any license required by a city, county, or other municipality as a prerequisite to operating a business within the city, county, or municipality.(h) "Conspicuously displayed" means posted inside the permanent building in an area which is most likely to be visited by consumers and posted in a manner which allows the consumer to easily read and copy from the license.(i) "Consumer," for purposes of these rules, means anyone who is solicited, or who seeks to purchase a used motor vehicle.(j) "Dealers' registration plate" means the license plates issued to dealers by the State Revenue Commissioner as described in Georgia Code Annotated Section 40-2-38.(k) "Fee schedule" means a written listing of the amounts of all fees charged by the Board.(l) "Investigate" means to conduct fact-finding inquiries and activities in the public interest in order to arrive at an objective conclusion on the full and complete facts regarding a particular complaint, complaints, incident, or incidents. Investigations shall include those investigations:1. conducted by the Board, its designee, or by investigators assigned to the Board; or 2. conducted by the Administrator of the Fair Business Practices Act of 1975, or conducted by the State Revenue Commissioner or by his employees, where a violation found in such investigations would also be a violation of the Used Motor Vehicle Dealers' Registration Act.(m) "Maintenance of records by licensees" means maintaining, at a designated sales office, records such as the books and files necessary to conduct such business. Further, at such designated sales location, there shall be a working land line telephone listed in the licensee's trade name and where the licensee maintains appropriate signage whereby a reasonable consumer would know the business of used car sales, used car rebuilding, used parts sales, or salvage operation is taking place.(n) "Motor vehicle" or "car" means every vehicle which is self propelled and required to be registered under the laws of this state, except trackless trolleys (which are classified as streetcars) motorcycles, motor driven cycles, or go-carts.(o) "Odometer disclosure forms" mean those forms required under the Federal Motor Vehicle Information and Cost Savings Act, 15 U.S.C. Sections 1081 through 1991, regulations found at 49 C.F.R. Part 580, and O.C.G.A. Subsection 10-1-393(b)(15).(p) "Open Lot" means lot where used motor vehicles offered for sale are to be displayed, upon which the applicant has a legal right to display such vehicles.(q) "Penalty fee or fine" means a fee assessed by the Division without the necessity of a hearing for failure on the part of a licensee or applicant to act in an appropriate or timely manner under the Used Motor Vehicle Dealers' Registration Act or under these Rules. (r) "Permanent license" means all licenses issued by the Division, except for Temporary Site Permits.(s) "Person" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.(t) "Photograph" means an image produced on film or digitized and printed which is an exact likeness of the facility, and not an artist's rendition or depiction.(u) "Procedural safeguards" mean those procedures required by a used car dealership of its employees, agents, or principals, to reasonably ensure that the activities described in O.C.G.A. Section 43-47-10(2)do not occur at the dealership.(v) "Purchaser" means a consumer who has completed a transaction to obtain a used car or used motor vehicle from a used car dealership.(w) "Records" mean all originals, photocopies, carbon copies, files, books, memoranda, etc., and shall include data maintained on an electronic data storage and retrieval system, provided such data can be retrieved and copied.(x) "Reinstatement" means re-issuance of an expired or revoked license.(y) "Salesroom" and "sales office" are synonymous and mean within a permanent building on an open lot, furnished with a working telephone listed in the applicant's trade name.(z) "State Revenue Commissioner" means the office created in O.C.G.A. Section 43-2-2.(aa) "Supplemental license" means an additional license issued to a person who already maintains a current Georgia used car or parts license. A supplemental license may be issued for an additional location operated under the same name by the licensee, but which location is not immediately adjacent to the principal place of business.(bb) "Temporary Site" means a location at which used motor vehicles are sold or offered for sale for which a temporary site permit has been issued by the board in accordance with Code Section 43-47-8.2 and which location is: 1. Used for a period not to exceed 96 hours in any 30 day period of time;2. Located in the county in which the established place of business of the used motor vehicle dealer using the temporary site is located or an adjoining county; and3. Used not more than three times in any calendar year.(cc) "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers' Registration Act" and "Act" are synonymous and mean Chapter 47 of Title 43 of the Official Code of Georgia Annotated.Ga. Comp. R. & Regs. R. 681-1-.01
O.C.G.A. Secs. 43-47-2, 43-47-3, 43-47-6, 43-47-8, 43-47-12.
Original Rule entitled "Organization of Board" adopted as ER. 681-1-0.1-.01. F. Aug. 7, 1995; eff. Aug. 2, 1995, as specified by the Board.Amended: Permanent Rule entitled "Definitions" adopted. F. Dec. 8, 1995; eff. Dec. 28, 1995.Amended: F. July 16, 2006; eff. August 6, 2006.Repealed: New Rule of same title adopted. F. Dec. 6, 2006; eff. Dec. 26, 2006.