Ga. Comp. R. & Regs. R. 681-16-.01 - Schedule of Fines, Payment of Fines; Hearings; Disciplinary Actions
(1) The Board may impose fines for violations
of O.C.G.A. § 43-47. A Schedule of Fines shall be published, and fines
shall not exceed $500 per violation. The Board may, in its discretion, modify
the Schedule of Fines as necessary.
(2) Fines for violation of this Chapter and
O.C.G.A. § 43-47 are as follows:
(a)
Failure to apply for a title in the retail purchaser's name within 30 calendar
days after the date of sale: $500 per violation;
(b) Possession of an open title not properly
assigned as prescribed by O.C.G.A. Title 40: $250 per violation;
(c) Failure to display a properly completed
buyer's guide as prescribed by the Federal Trade Commission Rules: $250 for the
first violation, and $100 for each additional violation;
(d) Failure to furnish to the purchaser of a
vehicle the proper documents in order for the purchaser to obtain a tag for
that vehicle within thirty (30) calendar days of the date of purchase: $500 per
violation;
(e) Aiding and abetting
an unlicensed person in selling vehicles by allowing the unlicensed person to
sell those vehicles using a license granted by the Division: $500 per
violation;
(f) Failure to properly
complete a "finance contract" which complies with the Federal Reserve System,
Title I, Regulation Z (Truth In Lending Act) when financing vehicles which are
being sold to purchasers: $500 per violation;
(g) Failure to maintain the required surety
bond: $500 shall be imposed;
(h)
Failure to maintain the required garage liability insurance: $500 shall be
imposed;
(i) Failure to make
application for an off-premises temporary license: $250 per
violation;
(j) Failure to check the
appropriate box on odometer disclosure statement and certificate of title: $500
per violation;
(k) Failure to
submit an application for change of ownership, registered agent, or designee
within the required thirty (30) day period: $100 shall be imposed;
(l) Failure to obtain or appropriately
generate, and maintain, the following records: $100 per violation;
1. Bills of Sale for the vehicle; to include
the purchase (by the dealer) and the sale (to the customer) of the
vehicle;
2. Purchase agreements or
contracts, financing contracts or other evidence of sales or of financing
transactions;
3. Proof of passing
emissions inspection for the vehicle as required by the Department of Natural
Resources Rule
391-3-20-.18;
4. Odometer statements from the purchase (by
the dealer) and sale (to the customer) of the vehicle;
5. Copy of purchaser's driver's license, or
government issued identification;
6. Copy of front and back of the vehicle's
buyer's guide;
7. Copy of front and
back of vehicle's title;
8. Copy of
MV-7, Department of Revenue "Application for a Replacement License Plate (Tag)
or Decal", or its equivalent for the vehicle;
9. Copy of MV-1, Department of Revenue "Motor
Vehicle Tag/Title Application", or its equivalent for the vehicle;
10. Copy of MV-7D, Department of Revenue
"Motor Vehicle Division State and Local Title Ad Valorem Tax (TAVT) Fees" or
MV-7L Department of Revenue, "State and Local Title Ad Valorem Tax (TAVT) Fees
for Leases", or their equivalent;
11. Copy of all temporary operating permits
(TOPS) issued by the dealer to the purchaser;
12. Copies of leasing or rental records of
any motor vehicle intended for sale or that have been sold;
13. Records reflecting repairs made to motor
vehicles by licensee;
14. Any other
tax records or exemption records relating to the purchase or sale of a
vehicle.
(m) Failure to
issue a temporary operating permit, or issuing a temporary operating permit to
aid and abet an unlicensed person, for any vehicle for which the dealer has no
assignment or that has more than one (1) temporary plate in violation of
O.C.G.A. §
40-2-8: $500 per
violation;
(n) Inspectors or
investigators inability to conduct a facility inspection after three (3)
documented attempts, in accordance with O.C.G.A. §
43-47-17: $500 fine;
(o) Failure to post current license or
current copy of online verification from the Board's website in a conspicuous
location: $100 fine;
(p) Failure to
display/possess current sales tax certificate: $100 fine;
(q) Failure to provide proof that licensee or
designee has completed the continuing education requirement: $500
fine;
(r) Failure to remit taxes
and/or fees as required by O.C.G.A. §§
48-5C-1 and
48-8-30: $500 per
violation.
Notes
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