Burden of Proof on Persons Claiming Exemption or Exception; Certified Copies; Certificate of Compliance or Noncompliance

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  5. Burden of Proof on Persons Claiming Exemption or Exception; Certified Copies; Certificate of Compliance or Noncompliance

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  1. In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception.
  2. In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception.
  3. In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
  4. In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with this chapter, shall constitute prima-facie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action.

(Code 1981, §43-17-21, enacted by Ga. L. 1988, p. 490, § 1.)


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