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Rules and Regulations of the State of Georgia
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Chapter 682-1 DEFINITIONS

Rule 682-1-.01 Definitions

As 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 682-8-.05 of these rules.
(c) "Building" means a permanent structure affixed to real property and shall include trailers, tied down and on blocks, with the wheels removed.
(d) "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.
(e) "Dealers' registration plate" means the license plates issued to dealers by the State Revenue Commissioner for the purpose of demonstrating or transporting dealer's vehicles, as described in Georgia Code Annotated Section 40-2-36.
(f) "Fee schedule" means a written listing of the amounts of all fees charged by the Board.
(g) "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 Division, its designee, or by investigators assigned to the Division; 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 Parts Dealers' Registration Act.
(h) "Maintenance of records by licensees" means maintaining, at a designated place of business, as reflected on the licensee's application or other appropriate documents received by the Division, records such as the books and files necessary to conduct such business. Further, at such designated place of business/location, there shall be a working telephone listed in the licensee's name.
(i) "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.
(j) "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 thereunder found at 49 C.F.R. Part 580, and O.C.G.A. Subsection 10-1-393(b)(15).
(k) "Penalty fee or fine" means a fee assessed by the Division without the necessity of a hearing for a failure on the part of a licensee or applicant to act in an appropriate or timely manner under the Used Motor Vehicle Parts Dealers' Registration Act or under these Rules.
(l) "Person" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.
(m) "Photograph" means an image produced on film which is an exact likeness of the facility, and not an artist's rendition or depiction.
(n) "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.
(o) "Reinstatement" means re-issuance of an expired or revoked license.
(p) "State Revenue Commissioner" means the office created in O.C.G.A. Section 43-2-2.
(q) "Supplemental license" means an additional license issued to a person who already maintains a current Georgia used parts license. A supplemental license may be issued for an additional used parts business operated under the same name by the licensee, but which lot is not immediately adjacent to the principal place of business.
(r) "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.