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O.C.G.A. § 12-6-61 — Prohibited acts | Georgia Code
O.C.G.A. § 12-6-61 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 6. Forest Resources and Other Plant Life, 12-6-1 through 12-6-247.

ARTICLE 1 FOREST RESOURCES

12-6-61. Prohibited acts.

  1. No person shall use in connection with his name or otherwise assume, use, or advertise any title or description tending directly or indirectly to convey the impression that he is a registered forester without first having been licensed and registered as a registered forester as provided in this part.
  2. Except as specifically authorized under this part, no person shall engage in the practice of professional forestry, as defined in this part, or in any manner advertise or hold himself out as engaged in such practice without first being licensed as a registered forester under this part.
  3. Notwithstanding subsection (b) of this Code section or any other provisions of this part, nothing in this part shall be construed as preventing or prohibiting any person from managing or otherwise conducting forestry practices on land owned, leased, rented, or held by such person; nor shall anything in this part prohibit any regular employee or official of any person, corporation, agency, institution, or other entity from engaging in professional or other forestry practices on lands owned, leased, rented, or held by such person, corporation, agency, or other entity; nor shall anything in this part prohibit any graduate of a school of forestry from practicing forestry under supervision as authorized in Code Section 12-6-49 so as to qualify for licensing as provided in that Code section.

(Ga. L. 1951, p. 581, § 1; Ga. L. 1959, p. 161, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Applicability of this part.

- Provisions of subsection (b) of Ga. L. 1959, p. 161, § 1 (see O.C.G.A. § 12-6-61) and Ga. L. 1964, p. 409, § 3 (see O.C.G.A. § 12-6-60) affect only Georgia resident foresters or those doing actual business in this state. 1965-66 Op. Att'y Gen. No. 66-258.

Activities of franchisee or employee.

- Franchisee who grows trees on land owned, leased, rented, or held by the franchisee or on lands owned, leased, rented, or held by a person, corporation, agency, or other entity to which the person bears the relationship of employee would not be violating the provisions of this part. 1968 Op. Att'y Gen. No. 68-242 (see O.C.G.A. Pt. 2, Art. 1, Ch. 6, T. 12).

Any unlicensed person may be prosecuted for practicing professional forestry as defined in this part or for holding oneself out as being engaged in such practice, except those who are exempted from the registration requirements. 1965-66 Op. Att'y Gen. No. 66-111 (see O.C.G.A. Pt. 2, Art. 1, Ch. 6, T. 12).

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Licenses and Permits, § 73 et seq. 58 Am. Jur. 2d, Occupations, Trades, and Professions, § 1.

C.J.S.

- 53 C.J.S., Licenses, §§ 121, 125.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.