O.C.G.A.

O.C.G.A. § 12-6-62 (2019)

Penalty; authority to prefer charges; immunity of person bringing charges from liability; duty to enforce part; legal assistance by Attorney General

✓ 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, firm, or partnership violating any provision of this part shall be guilty of a misdemeanor.

(b) Any person who:

(1) Refuses upon request to surrender to the board or any duly authorized agent thereof any license held by such person;

(2) Presents or attempts to use as his own the license of another;

(3) Gives any false or forged evidence of any kind to the board or any member thereof in obtaining a license;

(4) Attempts to use an expired or revoked license; or

(5) Endorses any documents with his name and license number as provided in Code Section 12-6-52 after the license of the registrant named thereon has expired or has been revoked, unless the license has been renewed or reissued, shall be guilty of a misdemeanor.

(c) Any registered forester who endorses any plan, specification, estimate, or map without having actually prepared such plan, specification, estimate, or map or without having been in the actual charge of the preparation thereof shall be guilty of a misdemeanor.

(d) The board or such person or persons as may be designated by the board to act in its stead is empowered to prefer charges for any of the violations of this part in any court of competent jurisdiction. Where reasonable ground existed to believe or suspect the guilt of the accused, such person bringing charges shall be immune from liability in damages or otherwise, notwithstanding that the accused was acquitted thereof.

(e) It shall be the duty of all duly constituted officers of the law of this state or of any political subdivision thereof to enforce the provisions of this part and to prosecute any persons, firms, or partnerships violating the same. The Attorney General of the state and his assistants shall act as legal advisor to the board and render such legal assistance as may be necessary in carrying out this part.

History

Ga. L. 1951, p. 581, §§ 15, 20; Ga. L. 1959, p. 161, § 5.

FOREST RESOURCES & OTHER PLANT LIFE

Annotations

OPINIONS OF THE ATTORNEY GENERAL Any unlicensed person may be prosecuted for practicing professional forestry as defined in this chapter 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. T. 12. C. 6).

RESEARCH REFERENCES Am. Jur. 2d. - 21 Am. Jur. 2d, Criminal Law, § 18 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 44 et seq.

C.J.S. - 22 C.J.S., Criminal Law, §§ 12 et seq., 8, 19, 23. 53 C.J.S., Licenses, § 84.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Thornton v. State, 310 Ga. 460 (Ga. 2020).
Thornton v. State, 310 Ga. 460 (Ga. 2020). · cites it 2× “6 And the third part of OCGA § 40-13-30 appears to be a limitation of the 5 We understand the phrase “prefer charges” to refer generally to the initiation of proceedings before an adjudicatory body.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.