GA - GAC
Rules and Regulations of the State of Georgia
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Chapter 682-8 APPLICANTS

Rule 682-8-.01 Corporations and Limited Liability Corporations: Application for Licensure

(1) In the event that a corporation or limited liability 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:
(a) an affidavit designating new licensee for the corporation;
(b) all personal information required for licensing such individual;
(c) fingerprint cards and other information for that person as required by the Georgia Crime Information Center and by the Federal Bureau of Investigation.

Rule 682-8-.02 Partnerships: Application for Licensure

(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:
(a) an affidavit designating a new licensee for the partnership;
(b) all personal information required for licensing such individual;
(c) fingerprint cards and other information as required by the Georgia Crime Information Center and by the Federal Bureau of Investigation.

Rule 682-8-.03 Sole Proprietorships: Application for Licensure

The applicant for licensure for a sole proprietorship shall be the sole proprietor.

Rule 682-8-.04 All Others: Application for Licensure

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.

Rule 682-8-.05 Application Subsequent to Revocation of License

(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 a hearing before the Division and in its discretion, such approval of reinstatement; 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 a hearing before the Division and in its discretion, such approval of reinstatement; 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 a hearing before the Division and in its discretion, such approval of reinstatement; 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.

Rule 682-8-.06 Military Spouses and Transitioning Service Members

(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 Parts 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 Parts 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.