§ 10-14-15. Investigations by Secretary of State; Subpoenas; Hearings
The Secretary of State, at his or her discretion: May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule, regulation, or order under this chapter […]
§ 10-14-16. Cemetery Rules and Regulations; Service Charges
The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants […]
§ 10-14-17. Prohibited Acts; Fees
It shall be unlawful for any person: To sell or offer to sell any burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in […]
§ 10-14-18. Duties of Registrant; Written Contract
A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall: Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for sale by the registrant; Fully disclose all regularly offered services and merchandise prior to the […]
§ 10-14-19. Enforcement of Chapter; Civil Penalties
Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any […]
§ 10-14-20. Criminal Penalties
Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both. Any person who […]
§ 10-14-21. Purchaser’s Remedy for Violations
Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the burial lot, burial right, […]
§ 10-14-22. [Effective Until July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of […]
§ 10-14-22. [Effective July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of […]
§ 10-14-23. Administrative Appeal of Order of Secretary of State
Where the Secretary of State has issued any order forbidding the sale of burial lots, burial rights, burial merchandise, or burial services under any provision of this chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandise dealer, or preneed dealer and to the persons who have filed […]