§ 43-17-16. Hearings; Notice; Powers and Orders of the Secretary of State
Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he or she shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering […]
§ 43-17-17. [Effective Until July 1, 2023. See note.] Appeals
An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a […]
§ 43-17-17. [Effective July 1, 2023. See note.] Appeals by Petition for Review
An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a […]
§ 43-17-18. Service of Process
Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising out of or founded upon the solicitation of charitable contributions in violation of this chapter may be […]
§ 43-17-19. Applicability of “Fair Business Practices Act of 1975.”
Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975.” Nothing contained in this chapter shall be construed to limit the authority of the […]
§ 43-17-20. Immunity
For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. History. Code 1981, § 43-17-20 , enacted by Ga. […]
§ 43-17-21. Burden of Proof on Persons Claiming Exemption or Exception; Certified Copies; Certificate of Compliance or Noncompliance
In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception. In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming […]
§ 43-17-22. Provisions of Chapter Govern Criminal or Civil Proceedings
Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evidence […]
§ 43-17-23. Violations of Chapter
Except as 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. Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine […]
§ 43-17-9. Exemptions
The following persons are exempt from the provisions of Code Sections 43-17-5, 43-17-6, and 43-17-8: Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution, provided that any such institution or organization is qualified under Section 501(c) of the Internal Revenue […]