Ga. Comp. R. & Regs. R. 560-10-2-.04 - Application for Ongoing Access to Motor Vehicle Records

(1) All persons or entities who wish to enter into a data agreement for ongoing access to motor vehicle records must complete and submit an application on a form designated by the Department.

(2) If an applicant for ongoing access to motor vehicle records will utilize third-party vendors to handle, process, or develop motor vehicle records, the applicant shall, prior to entering into a data agreement with the Department, disclose the identity of such third-party vendors. Further, if requested by the Department, the applicant shall provide the Department with copies of contracts and other documents pertaining to the applicant's relationship with such vendors.

(3) The Department may deny an application for ongoing access to motor vehicle records if it contains any untrue, misleading, or omitted statements. Further, the Department may terminate a data agreement if it determines that the application that formed the basis for the data agreement contains any untrue, misleading, or omitted statements.

(4) The Department may deny an application for ongoing access to motor vehicle records if it determines that granting such access would be contrary to the public interest. In making this determination, the Department may consider any factor that it considers relevant, including whether:

(a) The applicant's financial standing, membership in trade associations, or commercial reputation makes it unlikely that the applicant will be able to maintain the operation for which it is seeking a data agreement;

(b) The applicant, or any person or entity having any interest in any operation for which an application has been submitted, has failed to meet any obligations imposed by the tax laws or other laws or regulations of the State of Georgia;

(c) The applicant, if a government entity, lacks statutory authority for the requested access or intends to use motor vehicle records in a manner that is not related to the performance of the applicant's official duties;

(d) The applicant intends to use motor vehicle records in a manner that is prohibited by law; or

(e) The applicant is unable or unwilling to meet the Department's security requirements for the storage and use of motor vehicle records.

(5) If the Department denies an application for ongoing access to motor vehicle records, the Department shall notify the applicant of the denial in writing, which shall include electronic mail.

Notes

Ga. Comp. R. & Regs. R. 560-10-2-.04

O.C.G.A. §§ 40-2-11, 40-2-130, 40-3-3, 40-3-23, 48-2-12.

Original Rule entitled "Questionable Applications" adopted. F. and eff. June 30, 1965. Repealed: New Rule entitled "Application for License Plates" adopted. F. Dec. 9, 1966; eff. Jan. 1, 1967, as specified by the Agency. Amended: F. Oct. 29, 1968; eff. Nov. 17, 1968. Repealed: New Rule entitled "Application for License Plates and Renewal Decals" adopted. F. July 24, 1970; eff. August 13, 1970. Repealed: F. Mar. 6, 2002; eff. Mar. 26, 2002. Adopted: New Rule entitled "Application for Ongoing Access to Motor Vehicle Records." F. Feb. 25, 2025; eff. Mar. 17, 2025.