Chapter 681-12 APPLICANTS
| (1) |
In the event that a corporation, duly
licensed to do business in the State of Georgia, makes application for
licensure, such corporation shall designate as the "applicant:"
| (a) |
the President of the
corporation; |
| (b) |
the Secretary of
the corporation; or |
| (c) |
a
designated Corporate Agent who is a full-time employee of the
corporation. |
|
| (2) |
In the
event that a corporation shall make application through a designated agent or
"designee," such application shall be accompanied by an affidavit signed by the
President or Secretary of the corporation, naming that person as the designated
agent for such corporation for purposes of licensing. Such affidavit shall give
to the designee all rights and responsibilities of a license holder on behalf
of the corporation, and shall provide that actions or omissions of the
corporation, its officers, employees, agents, assigns, or designees in
violation of the act or in violation of these rules shall subject the license
holder and the corporation to any sanctions which may be imposed under the Act
or under these Rules. |
| (3) |
If the
license holder for a corporation, whether President, Secretary, or designated
agent, should leave the corporation for any reason, the corporation shall be
required to inform the Division of such fact immediately, but in no event later
than ten (10) business days from the separation. Such corporation shall be
required to submit to the Division within thirty (30) days of such notification
on a form provided by the Division:
| (a) |
an
affidavit designating new licensee for the corporation; |
| (b) |
all personal information required for
licensing such individual; |
| (c) |
fingerprint-based criminal background check obtained through processing of
fingerprints by a GAPS print site for that person as required by the Georgia
Crime Information Center and by the Federal Bureau of Investigation; |
| (d) |
proof that the proposed license holder
has attended the required seminar (except that the Division may, at its
discretion, approve a license pending receipt of proof of this requirement
within a time period set by the Division); and |
| (e) |
the appropriate fee as prescribed by the
Board. |
|
| (4) |
Failure to
provide the requisite information within the prescribed period shall
necessitate the submission of a new application and registration fee and all
other items as are required for a new license. |
| (1) |
In the event that a partnership, duly
licensed to do business in the State of Georgia, makes application for
licensure, such partnership shall designate as the "applicant";
| (a) |
one of the partners; or |
| (b) |
a designated agent of partnership who is
a full-time employee of the partnership. |
|
| (2) |
A partnership application shall be
accompanied by an affidavit, signed by all partners, naming the applicant for
licensure. Such affidavit shall give to the applicant all rights and
responsibilities of a license holder on behalf of the partnership, and shall
provide that actions or omissions of the partnership, its employees, agents,
and assigns in violation of these rules shall subject the license holder and
the partnership to any sanctions which may be imposed under the Act or under
these Rules. |
| (3) |
If the license
holder for a partnership should leave the partnership for any reason, the
partnership shall be required to inform the Division of such fact immediately,
but in no event later than ten (10) business days from the separation. Such
partnership shall be required to submit to the Division, within thirty (30)
days of such notification on a form provided by the Division:
| (a) |
an affidavit designating a new licensee
for the partnership; |
| (b) |
all
personal information required for licensing such individual; |
| (c) |
fingerprint-based criminal background
check obtained through processing of fingerprints by a GAPS print site as
required by the Georgia Crime Information Center and by the Federal Bureau of
Investigation; |
| (d) |
proof that the
proposed license holder has attended the required seminar (except that the
Division may, within its discretion, approve a license pending receipt of proof
of this requirement within a time period set by the Division); and |
| (e) |
the appropriate fee as prescribed by the
Board. |
|
| (4) |
Failure to
provide the requisite information within the prescribed period shall
necessitate the submission of a new application and registration fee and other
items as required for a new license. |
The applicant for licensure for a sole proprietorship shall be
the sole proprietor.
Should any person or entity other than a corporation, a
partnership, or a sole proprietorship desire to make application for licensure,
the Division will, upon receipt of notice that such person seeks licensure,
determine who may be the applicant for that person or entity, and under what
conditions.
| (1) |
If the license of a corporation has been
revoked, the corporation, the licensee, nor the designated agent, may make
application for reinstatement of license for a period of five (5) years,
without the approval of the Division; and any facility which the corporation
owned or operated may not make application for reinstatement of license for a
period of five (5) years unless the person making such application can make an
affirmative showing, to the Division's satisfaction, that the person is not
acting as the "alter ego" for the revoked corporation. |
| (2) |
If the license of a partnership has been
revoked, the partnership, any of the individual partners, the licensee, nor the
designated agent, may make application for reinstatement of the license for a
period of five (5) years, without the approval of the Division; and any
facility which the partnership owned or operated may not make an application
for reinstatement of license for a period of five (5) years unless the person
making such application can make an affirmative showing, to the Division's
satisfaction, that said person is not acting as the "alter ego" for the revoked
partnership. |
| (3) |
If the license of
a sole proprietorship has been revoked, the licensee may not make application
for reinstatement of license for a period of five (5) years without the
approval of the Division; and any facility which the sole proprietorship owned
and operated may not make application for reinstatement of the license for a
period of five (5) years unless the person making such application can make an
affirmative showing to the Division's satisfaction, that said person is not
acting as the "alter ego" for the revoked proprietorship. |
| (4) |
If the Division has reason to believe
that any applicant or any licensee is an "alter ego" of the person who has
previously had a license revoked, the Division may investigate, or in the case
of an applicant, suspend action involving approval of the application for a
reasonable time in order to investigate, whether the applicant or licensee is,
in fact, such an "alter ego." |
| (5) |
If, after notice and opportunity for a hearing as provided in the
Administrative Procedures Act, and after adhering to all procedures as called
for in the Administrative Procedures Act, the Division shall determine that an
applicant or licensee is the "alter ego" of a person who has previously had a
license revoked, the Division may refuse to license the applicant or may revoke
the license of a licensee. |
| (1) |
As used in this rule, the following terms
shall mean:
| a. |
"Board" means the State Board
of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts
Dealers, Used Motor Vehicle Dealers Division. |
| b. |
"License" means any license issued by the
State Board of Registration of Used Motor Vehicle Dealers and Used Motor
Vehicle Parts Dealers, Used Motor Vehicle Dealers Division. |
| c. |
"Military" means the United States armed
forces, including the National Guard. |
| d. |
"Military spouse" means a spouse of a
service member or transitioning service member. |
| e. |
"Service member" means an active or
reserve member of the armed forces, including the National Guard. |
| f. |
"Transitioning service member" means a
member of the military on active duty status or on separation leave who is
within 24 months of retirement or 12 months of separation. |
|
| (2) |
Effective July 1, 2017, military spouses
and transitioning service members may qualify for expedited processing of the
license application by showing that the applicant is a military spouse or
transitioning service member and that the applicant has paid the fee and meets
the requirements for a license under the law and rules for the type of license
for which the applicant has applied. |
