Chapter 682-8 APPLICANTS
| (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. |
|
| (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. |
|
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 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. |
| (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. |
