Administration of Chapter; Rules and Regulations

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Cemetery and Funeral Services
  5. Administration of Chapter; Rules and Regulations

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  1. The administration of the provisions of this chapter shall be vested in the Secretary of State.
  2. The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which records shall be open at all times for public inspection.
  3. The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this chapter.
  4. The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case in which there is a reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.
  5. The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.

(Code 1981, §44-3-139, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1985, p. 149, § 44; Code 1981, §10-14-14, as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2006, p. 1087, § 5/HB 910.)


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