Investigation of Licensees by Board; Suspension or Revocation of License; Other Sanctions

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Used Motor Vehicle and Used Motor Vehicle Parts Dealers
  5. Investigation of Licensees by Board; Suspension or Revocation of License; Other Sanctions

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The board or each division may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any licensee or anyone who shall assume to act in such capacity. Each division shall have power, in addition to the other powers authorized by this chapter, to revoke or to suspend a license for a specified time, to be determined in its discretion, or to invoke such other lesser sanctions, including but not limited to the imposition of fines and penalty fees, which the board is hereby authorized to create by rule, where:

  1. The licensee is found by a majority of the members of the board to have committed any one or more of the following:
    1. Material misstatement in an application for a license;
    2. Willful and intentional failure to comply with any provisions of this chapter or any lawful rule or regulation issued by the board under this chapter;
    3. Making any substantial misrepresentation;
    4. Making any false promises of a character likely to influence, persuade, or induce;
    5. Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents, salespersons, advertising, or otherwise;
    6. Failure to account for or to remit any moneys coming into his or her possession which belong to others;
    7. Having demonstrated unworthiness or incompetency to act as a licensee in such manner as to safeguard the interest of the public;
    8. Fraud or fraudulent practice, unfair and deceptive acts or practices, misleading acts or practices, or untrustworthiness or incompetency to act as a licensee, including, but not limited to, the failure to provide the appropriate odometer disclosure forms required by law or knowingly selling or offering for sale any used car on which the odometer has been tampered with to reflect lower than the actual mileage the car has been driven;
    9. The intentional use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any of the licensing requirements as provided for in this chapter;
    10. The commission of any crime involving violence, a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or possession of a dangerous weapon; the conviction of, plea of guilty to, or plea of nolo contendere to a crime involving violence, a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or possession of a dangerous weapon shall be conclusive evidence of the commission of such crime;
    11. Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's excellence or abilities;
    12. The performance of any dishonorable or unethical conduct likely to deceive, defraud, mislead, unfairly treat, or harm the public;
    13. The use of any false or fraudulent statement in any document in connection with the business as a licensee;
    14. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any of the provisions of this chapter, including but not limited to (i) the failure to maintain the certificate of registration required by Code Section 43-47-8 and (ii) the failure to keep records required by this chapter;
    15. Any other conduct, whether of the same or a different character than heretofore specified, which constitutes dishonest dealing;
      1. Any of the following activities by an automobile auction:
    17. Allowing a motor vehicle to be sold through an auction where the seller's name does not appear on the face of the title;
    18. Failing to refund all of the purchase price to the buyer when the title and tag receipt are not assigned to and processed for the buyer within 21 days of the purchase;
    19. Failing to make available to the board, for investigative purposes, auction records of a seller, for the purpose of determining if a seller sold more than five motor vehicles in a calendar year; provided, however, that the board shall give the auction reasonable notice during normal working hours;
    20. Failing to disclose in a conspicuous manner on the bill of sale that a buyer is entitled to a refund of all of the purchase price when the title and tag receipt are not assigned and processed within 21 days of the purchase;
    21. Failing to include on the bill of sale any warranty disclaimer; or
    22. Accepting or delivering a certificate of title signed in blank.
      1. The provisions of this subparagraph shall not apply where:
    23. The sale of the motor vehicle is not open to the general public;
    24. Either the seller or purchaser of the vehicle is a licensed used car dealer;
    25. The motor vehicle is sold as a repossessed or abandoned vehicle; or
    26. The motor vehicle is sold on behalf of any government agency or by court order.
      1. A violation of this subparagraph shall also be grounds for suspension or censure of a license under Code Section 43-6-18, and any auction violating this subparagraph may be required by the board to surrender its master tag;
    27. Acting to obtain or holding a license on behalf of another person who was previously denied a license or had a license suspended or revoked under this chapter; in making determinations under this subparagraph, the division may look at any competent evidence, including, but not limited to, who actually directs the activities at the business and who actually receives the proceeds from the business;
    28. Having purchased, concealed, possessed, or otherwise acquired or disposed of a vehicle, knowing the same to be stolen;
    29. Having failed to meet and maintain the requirements for issuance of a license as provided for in this chapter;
    30. Having failed to pay within 30 days after written demand from the board any fees or penalties due on vehicles acquired for dismantling or rebuilding; or
    31. Having willfully failed to keep or maintain the records required to be kept by this chapter; or
  2. A majority of the members of the division find that the licensee failed to establish, maintain, or monitor procedural safeguards to ensure that the following activities do not occur at the business, regardless of whether the licensee had actual knowledge of any such activity or activities or regardless of whether there was an intent on the part of any person to engage in any such activity or activities:
    1. Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975";
    2. Any of those activities described in paragraphs (1) through (6) of Code Section 40-3-90; or
    3. Failure to obtain a certificate of title for a purchaser.

(Ga. L. 1958, p. 55, § 11; Ga. L. 1960, p. 801, § 3; Ga. L. 1968, p. 23, § 6; Ga. L. 1983, p. 550, § 5; Ga. L. 1988, p. 1504, § 5; Ga. L. 1991, p. 983, § 4; Ga. L. 1995, p. 441, § 1; Ga. L. 1996, p. 1289, § 1; Ga. L. 2011, p. 355, § 20.1/HB 269.)

Cross references.

- Penalty for tampering with odometers, § 40-8-5.

JUDICIAL DECISIONS

Security interest holder can file regulatory complaint with board against used car dealer. Wooten v. G.M.H. Auto Sales, Inc., 187 Ga. App. 331, 370 S.E.2d 165 (1988).

Cited in Edel v. Southtowne Motors of Newnan II, Inc., 338 Ga. App. 376, 789 S.E.2d 224 (2016).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Validity of statute or rule which makes specified conduct or condition a ground for cancelation or suspension of license, irrespective of licensee's personal fault, 3 A.L.R.2d 107.


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