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Chapter 681-11 SEMINAR

Rule 681-11-.01 Board Approved Seminar

All applicants for a new license, as defined in these Rules and as described in Chapter 681-12 of these Rules, prior to obtaining licensure as a used motor vehicle dealer are required to attend a Board approved seminar.

Rule 681-11-.02 Criteria for Approval of Seminar

(1) In order to be approved by the Division a seminar must meet the following criteria to the satisfaction of the Division:
(a) the names of the individuals who will be conducting the seminar must be submitted with the application for approval of the seminar. Such instructor or instructors shall demonstrate a knowledge of O.C.G.A. Chapter 43-47 and the rules and regulations of the Division by demonstrating, at least, a minimum of five years of experience with either the used car business or an industry related to the used car business, and any other requirement the Division may require. If new seminar instructors are added, their credentials must be presented to the Division for approval.
(b) the proposal for approval of a seminar shall include a course outline, along with proposed materials to be used in the instruction. The course outline must include, at a minimum, instruction in each of the following areas:
1. license requirements;
2. overview of Board/Division statutes, rules and regulations;
3. laws concerning titles, tags, and taxes;
4. sales tax reporting;
5. other tax reporting;
6. required paperwork and record-keeping;
7. the Fair Business Practices Act, including but not limited to:
(i) advertising;
(ii) unfair and deceptive sales practices;
(iii) odometer requirements;
(iv) deceptive non-disclosure; and
(v) Secretary of State Rules and Regulations Chapter 122-3; and
8. general discussion items.

Instruction in the above areas shall total no less than four (4) hours and no more than six (6) hours per seminar.

(c) the proposal for approval of a seminar must also include a list of the proposed times, dates, price per attendee, and locations for the seminar.
(d) the proposal shall also include an agreement by the seminar presenter certifying, to the Executive Director of the Division, an accurate electronic attendance report immediately following each offering of the seminar. The Executive Director of the Division shall provide the appropriate email address for submission of the electronic attendance report.
(e) each seminar presenter and instructor must include a prominently-displayed statement on a page at the beginning of each seminar instruction manual evidencing his/her agreement not to solicit business during the presentation of the seminar or to permit others to engage in such activity at this time and to restrict from including advertisements or solicitations in the course materials. Each presenter shall ensure that an instructor from the seminar shall make the following statement at the beginning of each seminar: "Attendees are NOT required to buy any products or services in conjunction with this seminar."
(f) each course shall be videotaped and a dated copy of such videotape shall be kept by the presenter for a twelve month period during which time it shall be made available to the Division for review upon request.
(2) Current Division-approved seminars remain in approved status but must act to comply with the requirements in this rule within one year and meet the review requirements laid out in 681-11-.03 to maintain that status.

Rule 681-11-.03 Annual Review and Termination of Approval

(a) At the end of each year, the individual(s) conducting the seminar must submit the course outline and course materials and the Division shall be authorized to review those materials to determine whether the criteria are still being met.
(b) The Division reserves the right to send a representative to the seminar to verify that the required areas of instruction contained in Rule 681-11-.02 are being taught to the seminar attendees.
(c) The Division reserves the right to withdraw approval of a previously approved seminar upon receipt of information that the criteria set forth above have not been or are no longer being met or upon receipt of information that business is being solicited during the presentation of the seminar. Prior to withdrawal of such approval, the Division shall provide to the presenter of the seminar an opportunity to appear before the Division.

Rule 681-11-.04 Division Seminar

The Division reserves the right to conduct the seminar itself should the Division, in its discretion, determine that a Division-conducted seminar is necessary to provide applicants for licenses an adequate opportunity for the required educational seminar.