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§ 43-40-30 - Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies

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O.C.G.A.43-40-30 (2010) 43-40-30.Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies (a)Anyperson who, directly or indirectly, with the intention or upon thepromise of receiving any valuable consideration, offers, attempts, oragrees to perform, or performs, any single act defined in paragraph (2)of Code Section 43-40-1, whether as a part of a transaction or as anentire transaction, shall be deemed a licensee within the meaning ofthis chapter. The commission of a single such act by a person who isrequired to be licensed under this chapter but who is not so licensedshall constitute a violation of this chapter.(b)Itshall be unlawful for any person, directly or indirectly, to engage inor conduct the business of, or advertise or hold himself or herself outas engaging in or conducting the business of, or act in the capacity of,a licensee within this state without first obtaining a license asprovided in this chapter unless such person is exempted from obtaining alicense under Code Section 43-40-29.(c)Notwithstandingany other provisions of law to the contrary, the commission may issue acease and desist order prohibiting any person from violating theprovisions of this chapter by engaging in the practice of a real estatebroker without a license. Such cease and desist order shall be final tendays after it is issued unless the person to whom such order is issuedrequests a hearing before the commission.(d)Theviolation of any cease and desist order of the commission undersubsection (c) of this Code section shall subject the person violatingthe order to further proceedings before the commission, and thecommission shall be authorized to impose a fine not to exceed $1,000.00for each transaction constituting a violation of such order. Each daythat a person practices in violation of this chapter shall constitute aseparate violation.(e)Initial judicialreview of the decision of the commission entered pursuant to this Codesection or an action for enforcement of such decision shall be availablesolely in the superior court of the county of domicile of thecommission.(f)Nothing in this Codesection shall be construed to prohibit the commission from seekingremedies otherwise available by statute without first seeking a ceaseand desist order in accordance with the provisions of this Code section.
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  • O.C.G.A. 43-40-30 (2010)
    43-40-30. Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies


    (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act defined in paragraph (2) of Code Section 43-40-1, whether as a part of a transaction or as an entire transaction, shall be deemed a licensee within the meaning of this chapter. The commission of a single such act by a person who is required to be licensed under this chapter but who is not so licensed shall constitute a violation of this chapter.

    (b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29.

    (c) Notwithstanding any other provisions of law to the contrary, the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker without a license. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the commission.

    (d) The violation of any cease and desist order of the commission under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the commission, and the commission shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation.

    (e) Initial judicial review of the decision of the commission entered pursuant to this Code section or an action for enforcement of such decision shall be available solely in the superior court of the county of domicile of the commission.

    (f) Nothing in this Code section shall be construed to prohibit the commission from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

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