Penalty; Authority to Prefer Charges; Immunity of Person Bringing Charges From Liability; Duty to Enforce Part; Legal Assistance by Attorney General

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Forest Resources and Other Plant Life
  5. Forest Resources
  6. Practice of Professional Forestry
  7. Penalty; Authority to Prefer Charges; Immunity of Person Bringing Charges From Liability; Duty to Enforce Part; Legal Assistance by Attorney General

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  1. Any person, firm, or partnership violating any provision of this part shall be guilty of a misdemeanor.
  2. Any person who:
    1. Refuses upon request to surrender to the board or any duly authorized agent thereof any license held by such person;
    2. Presents or attempts to use as his own the license of another;
    3. Gives any false or forged evidence of any kind to the board or any member thereof in obtaining a license;
    4. Attempts to use an expired or revoked license; or
    5. Endorses any documents with his name and license number as provided in Code Section 12-6-52 after the license of the registrant named thereon has expired or has been revoked, unless the license has been renewed or reissued,

      shall be guilty of a misdemeanor.

  3. Any registered forester who endorses any plan, specification, estimate, or map without having actually prepared such plan, specification, estimate, or map or without having been in the actual charge of the preparation thereof shall be guilty of a misdemeanor.
  4. The board or such person or persons as may be designated by the board to act in its stead is empowered to prefer charges for any of the violations of this part in any court of competent jurisdiction. Where reasonable ground existed to believe or suspect the guilt of the accused, such person bringing charges shall be immune from liability in damages or otherwise, notwithstanding that the accused was acquitted thereof.
  5. It shall be the duty of all duly constituted officers of the law of this state or of any political subdivision thereof to enforce the provisions of this part and to prosecute any persons, firms, or partnerships violating the same. The Attorney General of the state and his assistants shall act as legal advisor to the board and render such legal assistance as may be necessary in carrying out this part.

(Ga. L. 1951, p. 581, §§ 15, 20; Ga. L. 1959, p. 161, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Any unlicensed person may be prosecuted for practicing professional forestry as defined in this chapter or for holding oneself out as being engaged in such practice, except those who are exempted from the registration requirements. 1965-66 Op. Att'y Gen. No. 66-111 (see O.C.G.A. Ch. 6, T. 12).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 18 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 73 et seq.

C.J.S.

- 22 C.J.S., Criminal Law, §§ 12 et seq., 26, 31, 32. 53 C.J.S., Licenses, § 81.


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