O.C.G.A.

O.C.G.A. § 12-5-133 (2019)

Penalty; evidence of violation of part

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any person who engages in or follows the business or occupation of, or advertises, holds himself or herself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense.

(b) In order to prove a violation of this part, it shall not be necessary for a state or local enforcement official to actually observe a well being drilled by a person who does not possess a valid license as required by this part. Other evidence of a violation of this part, including, but not limited to, bills, invoices, photographs, proposals, or any form of advertising, may be sufficient for a conviction.

History

Ga. L. 1977, p. 1506, § 4; Ga. L. 1985, p. 1192, § 1; Ga. L. 2001, p. 315, § 8; Ga. L. 2015, p. 693, § 3-10/HB 233.

Annotations

Editor’s notes. - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: ‘‘This Act shall become effective on July 1, 2015, and shall

apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.’’

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting. - Georgia Crime Information Center is not authorized to collect and file fingerprints of persons

charged with a violation of O.C.G.A. § 12-5-133. 2001 Op. Att’y Gen. No. 2001-11.

CONSERVATION & NATURAL RES.

RESEARCH REFERENCES Am. Jur. 2d. - 51 Am. Jur. 2d, Licenses and Permits, § 175.

C.J.S. - 53 C.J.S., Licenses, § 139.