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2018 Georgia Code 12-9-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-9-40 Case Law from Google Scholar Amendments to OCGA 12-9-40

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 9. Prevention and Control of Air Pollution, 12-9-1 through 12-9-70.

ARTICLE 2 MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE

12-9-40. Short title.

This article shall be known and may be cited as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act."

(Code 1981, §12-9-40, enacted by Ga. L. 1992, p. 918, § 2.)

Law reviews.

- For article, "Administrative Law," see 53 Mercer L. Rev. 81 (2001).

JUDICIAL DECISIONS

Refund of fees improperly assessed under Act.

- Trial court properly dismissed the testing company's lawsuit brought pursuant to O.C.G.A. § 48-2-35 and seeking a refund of fees improperly assessed under the Motor Vehicle Emission Inspection and Maintenance Act, O.C.G.A. § 12-9-40 et seq., as the state revenue commissioner did not collect or administer the fee at issue and O.C.G.A. § 48-2-35 only applied to the illegal collection of a tax or license made by the state revenue commissioner. Ga. Emission Testing Co. v. Reheis, 268 Ga. App. 560, 602 S.E.2d 153 (2004).

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