(1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval.
(1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:
the commission may issue an order revoking such licensee’s license. The order shall be effective ten days after the order is served on the licensee unless the licensee makes a written request for a hearing before the commission, in which event, the commission shall file a notice of hearing in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Service shall be accomplished as provided for in Code Section 43-40-26.
History. Ga. L. 1925, p. 325, § 1; Ga. L. 1931, p. 231, § 1; Code 1933, § 84-1409; Ga. L. 1943, p. 572, § 1; Ga. L. 1949, p. 943, § 3; Ga. L. 1950, p. 278, § 2; Ga. L. 1965, p. 629, § 5; Ga. L. 1968, p. 277, § 2; Code 1933, § 84-1410, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1978, p. 231, § 2; Ga. L. 1981, p. 1311, § 3; Ga. L. 1983, p. 1411, § 2; Ga. L. 1984, p. 844, § 5; Ga. L. 1986, p. 364, §§ 4, 5, 6; Ga. L. 1989, p. 1619, § 5; Ga. L. 1990, p. 8, § 43; Ga. L. 1990, p. 650, § 4; Ga. L. 1991, p. 94, § 43; Ga. L. 1991, p. 642, §§ 4, 5; Ga. L. 1993, p. 123, § 54; Ga. L. 1994, p. 1168, § 2; Ga. L. 1995, p. 1216, § 6; Ga. L. 1996, p. 6, § 43; Ga. L. 1996, p. 194, § 8; Ga. L. 1996, p. 453, § 15; Ga. L. 1998, p. 1094, § 12; Ga. L. 2000, p. 1527, § 16; Ga. L. 2003, p. 370, § 11; Ga. L. 2007, p. 483, § 7/SB 114; Ga. L. 2008, p. 324, § 43/SB 455; Ga. L. 2012, p. 1099, § 9/SB 365; Ga. L. 2017, p. 125, § 2/HB 39; Ga. L. 2019, p. 462, § 1-18/SB 214.
The 2019 amendment, effective July 1, 2019, in subsection (l), rewrote the first sentence, which read: “Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such status shall be sufficient grounds for refusal of a license or suspension of a license.”, and deleted the last sentence, which read: “In such cases, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this chapter.”
Cross references.
Failure to enter into satisfactory repayment status and when is a borrower in default, § 20-3-295 .
Law reviews.
For note on the 1994 amendment of this Code section, see 11 Georgia St. U.L. Rev. 240 (1994).
Structure Georgia Code
Title 43 - Professions and Businesses
Chapter 40 - Real Estate Brokers and Salespersons
§ 43-40-3. Determination of Fees by Commission
§ 43-40-3.1. Rules and Regulations
§ 43-40-5. Status of License of Commissioner and Commission Employees
§ 43-40-7. Application for Licenses; Confidentiality
§ 43-40-10. Requirements for Firm to Be Granted Broker’s License
§ 43-40-13. Disposition of Fees Collected Under Chapter
§ 43-40-16. Refusal to Issue Licenses; Hearings; Judicial Review
§ 43-40-18. Management of Firm and Licensed Affiliates; Compliance With Local Ordinances
§ 43-40-20. Trust or Escrow Checking Account for Real Estate Business; When Entitled to Commission
§ 43-40-23. Applicability of County or Municipal License, Occupational, or Professional Taxes
§ 43-40-24. Requisites for Maintenance of Action Under Chapter
§ 43-40-25. Violations by Licensees, Schools, and Instructors; Sanctions; Unfair Trade Practices
§ 43-40-25.1. Completion of Certain Forms Not Practice of Law; Contents of Certain Forms
§ 43-40-25.2. Alternative Disciplinary Procedures; Citations
§ 43-40-26. Hearings Before Commission; Judicial Review
§ 43-40-28. Injunctive Actions
§ 43-40-29. Exceptions to Operation of Chapter
§ 43-40-30.1. Employer-Employee or Broker-Independent Contractor Relationships Between Licensees