10-13A-10 (2019)
Review of Attorney General’s decision on removal
from directory; certification of full compliance required; recovery of costs; conflicts with the Master Settlement Agreement.
(a) A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the “Georgia Administrative Procedure Act.”
(b) No person shall be issued a license or granted a renewal of a license under Chapter 11 of Title 48 to act as a distributor unless such person has certified in writing that such person will comply fully with this chapter.
(c) The Attorney General may promulgate rules and regulations necessary to effect the purposes of this chapter.
(d) In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees.
(e) If a court of competent jurisdiction finds that the provisions of this chapter and of Chapter 13 of this title conflict and cannot be harmonized, then such provisions of Chapter 13 of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter causes Chapter 13 of this title to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.
History
Code 1981, § 10-13A-9, enacted by Ga. L. 2003, p. 829, § 1; Code 1981, § 10-13A-
10, as redesignated by Ga. L. 2016, p. 528, § 3/HB 899.
CHAPTER 13B OPIOID LITIGATION Sec.
Legislative findings. Definitions. Bar to litigation by state-
wide opioid settlement; exception; effective date.
Effective date. This chapter became effective May 2, 2022.
Annotations
The 2016 amendment, effective July 1, 2016, redesignated former Code Section 10-13A-9 as present Code Section 10-13A-10; deleted former subsection (c), which read: "The first report of distributors required by subsection (a) of Code Section 10-13A-7 shall be due 30 calendar days after July 1, 2003, the certifications by a tobacco product manufacturer described in subsection (a) of Code Section 10-13A-3 shall be due 45 calendar days after such date, and the directory described in Code Section 10-13A-4 shall be published or made available within 90 calendar days after such date."; and redesignated former subsections (d) through (f) as present subsections (c) through (e), respectively.
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CHAPTER 14 CEMETERY AND FUNERAL SERVICES
Sec.
10-14-1. Short title.
10-14-2. Regulation of preneed dealers, registrants, and cemetery companies; licenses.
10-14-3. Definitions.
10-14-3.1. Authority of boards.
10-14-4. Registration of dealers and cemeteries; perpetual care cemeteries trust funds; nonperpetual care cemeteries; preneed escrow accounts.
10-14-5. Preneed sales agents; contracts; retention of employee data.
10-14-5.1. Relationship between life insurance and funeral establishment.
10-14-6. Irrevocable trust fund.
10-14-7. Preneed escrow accounts or trust funds.
10-14-7.1. Trust accounts for preneed funds.
10-14-8. Prohibition of certain persons from employment; notice and hearing; emergency orders.
10-14-9. Amendment of registration application; state audit of records; change of ownership.
10-14-10. Minimum acreage for cemeteries; exceptions.
10-14-11. Stop order suspending or revoking a registration; denial or refusal of application for registration; penalties.
10-14-12. Separate accounts and records; owner acting as trustee; bond; removal of trustee or escrow agent; allocation of funds; financial reports.
10-14-13. Venue for civil or criminal actions.
10-14-14. Administration of chapter; rules and regulations.
10-14-15. Investigations by Secretary of State; subpoenas; hearings.
10-14-16. Cemetery rules and regulations; service charges.
10-14-17. Prohibited acts; fees.
10-14-18. Duties of registrant; written contract.
10-14-19. Enforcement of chapter; civil penalties.
10-14-20. Criminal penalties.
10-14-21. Purchaser's remedy for violations.
10-14-22. Judicial appeal of order of Secretary of State.
10-14-23. Administrative appeal of order of Secretary of State.
10-14-24. Effect of consent to service of process.
10-14-25. Waiver of rights or defenses in cemetery purchase agreements void.
10-14-26. Secretary of State immune from liability.
10-14-27. Evidence in civil or criminal actions under chapter [Repealed].
10-14-28. Actions pending under prior law.
10-14-29. Construction regulations; preconstruction trust funds.
10-14-30. Adoption of minimum standards by Secretary of State.
Cross references. - Disposition of dead bodies, T. 31, C. 21.
Regulation of funeral directors, embalmers, and funeral establishments, and contracts for preneed funeral services, T. 43, C. 18.
Authority of administrator to issue cease and desist orders or impose civil penalty, judicial relief, and receivers, § 10-1-397.3.
Protection of American Indian human remains and burial objects, T. 44, C. 12, Art. 7.
Limitations upon right to choose funeral services for insured, entry into contracts by life insurers, and receiving of compensation from undertakers, § 33-1-10 et seq.
Administrative Rules and Regulations. - Rules of General Applicability, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State, Cemeteries, Preneed Dealers, and Merchandise Dealers, Chapter 590-3-1.
Preneed Sales Agents, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State, Cemeteries, Preneed Dealers, and Merchandise Dealers, Chapter 590-3-2.
Preneed Dealers, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State, Cemeteries, Preneed Dealers, and Merchandise Dealers, Chapter 590-3-4.
Merchandise Dealers, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State, Cemeteries, Preneed Dealers, and Merchandise Dealers, Chapter 590-3-5.
Mausoleum Preconstruction, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State, Cemeteries, Preneed Dealers, and Merchandise Dealers, Chapter 590-3-6.
Administrative Hearings, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State, Cemeteries, Preneed Dealers, and Merchandise Dealers, Chapter 590-3-7.
RESEARCH REFERENCES
ALR. - Validity and reasonableness of rules and regulations of cemetery company or association as to improvement or care of lots, 32 A.L.R. 1406; 47 A.L.R. 70.
Cemetery property and cemetery lots as subject to assessment for public improvement, in absence of express exemption, 71 A.L.R. 322.
Rights and remedies of holder of lien on cemetery property, 90 A.L.R. 444.
Right to take property under eminent domain as affected by fact that property is already devoted to cemetery purposes, 109 A.L.R. 1502.
Right to exclude from privilege of burial in cemetery, 110 A.L.R. 388.
Validity of public prohibition or regulation of location of cemetery, 50 A.L.R.2d 905.
Cemetery or burial ground as nuisance, 50 A.L.R.2d 1324.
To whom does title to burial lot pass on testator's death, in absence of specific provision in his will, 26 A.L.R.3d 1425.
Liability of cemetery in connection with conducting or supervising burial services, 42 A.L.R.4th 1059.
Dead bodies: liability for improper manner of reinterment, 53 A.L.R.4th 394.
Construction and effect of contracts or insurance policies providing preneed coverage of burial expense or services, 67 A.L.R.4th 36.
Validity, construction, and application of statutes or ordinances regulating perpetual-care trust funds of cemeteries and mausoleums, 54 A.L.R.5th 681.