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2006 Georgia Code - 27-2-2
27-2-2. (a) Hunting, fishing, and trapping licenses
shall be issued and sold by the department on forms containing such
information as may be prescribed by the department. As used in this
Code section, the term 'license' shall include all permits,
licenses, or stamps issued by the department under Code Section
27-2-23. Licenses for hunting and fishing may be sold in each
county by persons approved by the department to be license
agents. (b) Each license
agent may be required to: (1)
Remit to the department a premium which shall entitle him or her to
coverage under a blanket performance bond provided by the
department. The premium, which may include the reasonable cost of
administering a self-insurance program, shall be in an amount
determined by the commissioner, and shall be due and payable
annually upon billing by the department; (2) Account for all license sales and the
monetary receipts from such sales in reports to the department,
which reports shall be on a schedule and in a form specified by the
written agreement between the license agent and the department.
Failure to remit license sales receipts as specified in the
agreement may result in suspension of the license agent´s
ability to sell licenses; and (3) Receive for himself or herself no more than
60¢ for each license issued, except for nonresident hunting
licenses and resident sportsman licenses, for which the license
agent may receive $1.25 for each license issued, and except for
licenses sold by telephone by an approved telephone license agent
or over the Internet by an approved Internet license agent, for
which the agent may charge and receive up to $5.00 per transaction
in addition to the actual cost of the license or licenses sold
during the transaction; provided, however, that neither the
telephone license agent nor the Internet license agent shall
receive any additional fee per license sold during a telephone or
Internet transaction; provided, further, that the sale of one or
more licenses to one applicant during one telephone call or one
Internet session shall constitute a single transaction.
(b.1) Any person who applies to be a
license agent after June 30, 1998, shall be assessed a fee not to
exceed the fair market cost of automated licensing equipment the
department shall install in such agent´s place of business.
Such fees shall be due and payable upon installation of the
automated equipment. (c) The
commissioner may either purchase a blanket performance bond for the
department´s license agents from or through the Department of
Administrative Services or any other source or establish a
self-insurance bond by retaining all moneys paid to the department
for the premium established pursuant to subsection (b) of this Code
section, all moneys received as interest, and nonappropriated funds
received from other sources to establish and maintain a reserve
fund for the purpose of making payments to the department upon the
defalcations of license agents and defraying the expenses necessary
to administer the program; provided, however, that no revenue
collected from taxes, fees, and assessments for state purposes
shall be deposited in such fund. The commissioner shall invest any
such moneys in the same manner as other moneys in his or her
possession. The commissioner is authorized, in his or her
discretion, to contract for any or all of the services necessary to
carry out the functions enumerated in this Code section.
(d) Prior to selling any license,
except for a license sold over the telephone by an approved
telephone license agent or over the Internet by an approved
Internet license agent, each license agent shall require each
person desiring to purchase a license to display a driver´s
license or equally reliable identification of the individual and
the current residence and age of such individual. In the event the
department determines that a license agent has intentionally or
negligently sold a resident license to a person who is a
nonresident or who is underage, the department may immediately
withdraw the authority of such license agent to issue and sell
licenses on behalf of the department, provided that the department
shall not withdraw the license agent´s authority until the
license agent has been given ten days´ written notice of
intention to withdraw authority setting forth the reason or reasons
for the withdrawal and giving the license agent a hearing in the
county of said agent´s residence on the reasons for
withdrawal.
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