CHARITABLE
SOLICITATIONS
GENERALLY
PAID SOLICITORS
COSMETOLOGY
DENTISTRY
FIREARMS DEALERS
HEARING AID DEALERS AND
DISPENSERS
HOTELS, INNS, AND ROADHOUSES, OPERATORS OF
NURSES
NURSING EDUCATIONAL PROGRAMS
PROTOCOL USE BY REGISTERED NURSES, REGULATION OF
STANDARDS OF PRACTICE
NURSING HOME ADMINISTRATORS
PECAN DEALERS AND PROCESSORS
PRECIOUS METALS AND GEMS, DEALERS IN
PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECURITY BUSINESSES,
OPERATORS OF
REAL ESTATE BROKERS
SCRAP METAL PROCESSORS
USED CAR DEALERS
USED WATCHES, DEALERS IN
Citation: Rule 20-11-.04 Controls and
Reporting. Amended.
Regulating Agency: State Board of Accountancy.
Requirement: To maintain records confirming
attendance at and completion of continuing education, including:
(1) school, firm, or organization conducting the program; (2)
location of the program; (3) title of program or description of
content; (4) program outline; (5) dates attended; (6) hours
claimed; and (7) evidence of satisfactory completion. If credit
for published articles and books is claimed, the following
information must also be maintained: (1) publisher; (2) title of
publication; (3) description of content; (4) dates of
publication; and (5) hours claimed.
Persons Affected: (1) Persons holding
certificates issued by the State Board of Accountancy and holding
a permit to practice; and (2) firms registered with the Board or
holding a permit to practice. [NOTE: This
description comes from the definition of "licensee"
found in Rule 20-2-.09.]
Retention Period: Five years after the
completion of the program.
Related Code Sections: O.C.G.A. Section
43-3-25.
Citation: Rule 55-5-.01 Responsibilities of
the Auctioneer. Amended.
Regulating Agency: Georgia Auctioneers
Commission.
Requirement: To maintain from each auction an executed
contract containing: (1) the names, addresses, telephone numbers,
and signatures of the sellers of the property offered; (2) the date
of the execution; (3) the proposed date and place the auction is
to be held; (4) terms of compensation; (5) date of proposed
settlement. Also to maintain a closing statement containing:
(1) the names and addresses of the sellers of the property offered;
(2) the price at which the property sold; (3) the date and place
of said auction; (4) the date the proceeds were delivered to said
owner; (5) signatures of the sellers; and (6) lists of items sold.
Persons Affected: The auction company.
Retention Period: A period of three years from
each auction.
Related Code Sections: O.C.G.A. Sections
43-6-7, 43-6-11, 43-6-15, and 43-6-21.
Citation: O.C.G.A. Section 43-17-6 Agreement
for charitable sales promotions; final accounting and records of
promotions.
Regulating Agency: Secretary of State.
Requirement: To make and keep (1) a written
agreement with each commercial coventurer containing the terms
specified in the Code Section; and (2) a final accounting for
each charitable sales promotion. [NOTE: The
charitable organization is required to keep item (1), and the
charitable organization and the commercial coventurer are
required to keep item (2).]
Persons Affected: Every charitable organization
which agrees to permit a charitable sales promotion to be
conducted in its behalf and commercial coventurers who conduct
such charitable sales promotions.
Retention Period: With respect to the written
agreement, not specified; with respect to the final accounting
for a charitable sales promotion, three years after the final
accounting date.
Citation: Rule 590-9-4-.03 Records to be Made
and Maintained by Charitable Organizations.
Regulating Agency: Secretary of State.
Requirement: To maintain records on all
contributions received of over $25.00 from any one person or
organization, containing the name and address of the donor, all
correspondence and memoranda concerning such donation, the date
and amount of the contribution, and the location and account
number of all bank and other financial institution accounts in
which the charitable organization has deposited contributions.
Persons Affected: Charitable organizations
required to register with the Secretary of State.
Retention Period: A period of not less than
three years.
Related Code Sections: O.C.G.A. Sections
43-17-5, 43-17-6, and 43-17-10.
Citation: Rule 590-9-2-.03 Records of Paid
Solicitors.
Regulating Agency: Secretary of State.
Requirement: To retain the following business
records relating to the business of the paid solicitor: (1) All
checkbooks, bank statements, cancelled checks, and cash
reconciliations; (2) all bills receivable or payable
(or copies thereof), paid or unpaid; (3) originals of all
communications received and copies of all communications
sent; (4) all trial balances, financial statements, branch
office reconciliations, and internal audit working papers;
(5) all guarantees of accounts and all powers of attorney
and other evidence of the granting of any discretionary
authority given in respect of any accounts, and copies
of resolutions empowering an agent to act on behalf of a
corporation; and (6) all written agreements (or copies thereof)
entered into by a paid solicitor relating to its business
including agreements with respect to any account.
Persons Affected: Paid solicitors required to
register with the Secretary of State.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
43-17-3 and 43-17-10.
Citation: Rule 130-2-.03 License to Operate a
School, Ownership, or Relocation. Amended.
Regulating Agency: The Georgia State Board of
Cosmetology.
Requirement: To maintain a library which
includes at least one each of the following: medical dictionary,
book on first aid, book on cosmetic chemistry, history book on
hair styles, history book on esthetics, history book on nail
care, book on basic nutrition and basic hormones, book on theory
and practices of beauty culture, book on theory and practices of
esthetics, book on theory and practices of nail care, book on
personality and charm, book on primary art, sketching, etc., and
at least one book on business management.
Persons Affected: All schools of cosmetology,
esthetician schools and schools of nail care.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Section
43-10-8(e).
Citation: Rule 150-6-.01 Laboratory
Prescriptions. Amended.
Regulating Agency: State Board of Dentistry.
Requirement: To keep the originals and
duplicates of laboratory prescriptions.
Persons Affected: With respect to original, a
dental laboratory technician or an unlicensed person who is
performing the laboratory work; with respect to the duplicate,
the dentist prescribing the laboratory work.
Retention Period: A period of two years from
date of delivery of the prescription.
Related Code Sections: O.C.G.A. Section
43-11-9.
Citation: O.C.G.A. Section 43-16-10.1 Record keeping requirements.
Regulating Agency: Department of Public Safety.
Requirement: To keep a record of the acquisition
and disposition of firearms in a form and content identical to
the firearms acquisition and disposition record required by Part
178 of Chapter 1 of Title 27 of the Code of Federal Regulations
as it existed on July 1, 1988.
Persons Affected: Any licensee under O.C.G.A.
Title 43, Chapter 16. [NOTE: O.C.G.A. Section
43-16-2 specifies the persons required to obtain a license as
"any person, firm, retail dealer, wholesale dealer,
pawnbroker, or corporation who shall sell, dispose of, or offer
for sale or cause or permit to be sold, disposed of, or offered
for sale any pistol, revolver, or short-barreled firearm of less
than 15 inches in length, whether the same shall be his own
property or whether he shall sell the same as an agent or
employee of another."]
Retention Period: Not specified.
Citation: Rule 276-5-.04 Records. Amended.
Regulating Agency: State Board of Hearing Aid
Dealers and Dispensers.
Requirement: To maintain evidence of meeting
requirements of all of the regulations embodied in section
801.421 of the FDA regulations on hearing aid devices. With
respect to the dealer's own records, to retain: (1) results of
all hearing tests given, including the date of test and the name
and license or permit number of the tester; (2) copies of medical
information and waivers provided voluntarily; (3) bills of sale;
(4) equipment calibration reports. With respect to outside tests,
to acquire, review, and retain records of tests made by a
physician, state licensed audiologist, or masters degree
audiologist, who have not entered into a satisfactory
relationship with the dealer, where a hearing aid selection is
made. [NOTE: Tests conducted under the
supervision of a physician, state licensed audiologist, or
masters degree audiologist may be accepted, at the discretion of
the dealership, but the records of tests must be part of the
dealers records and must show the date of test, name of tester,
and the name of the supervising physician or audiologist.]
Retention Period: A period of 36 months
following the test or fitting, whichever is later.
Related Code Sections: O.C.G.A. Sections
43-20-6 and 43-20-7.
Citation: O.C.G.A. Section 43-21-56
Registration of guests; maintaining of register.
Regulating Agency: None.
Requirement: To provide a permanent register for
the purposes of registering (1) the true name of any person or
persons occupying any room or rooms in a roadhouse, public dance
hall, or any other similar establishment by whatever name called;
(2) the true name of the manufacturer of that person or persons'
motor vehicle, if traveling by motor vehicle; and (3) the correct
license plate and number of such motor vehicle.
Persons Affected: Every person to whom a license
is issued under O.C.G.A. Title 43, Chapter 21, Article 3. [NOTE:
O.C.G.A. Section 43-21-50 specifies the persons required to
obtain such a license as "every person, firm, or corporation
engaged in the business of operating, outside the corporate
limits of any municipality in the State of Georgia, a roadhouse,
public dance hall, or any other similar establishment by whatever
name called, where travelers, transient guests, or other persons
are or may be lodged, or operating restaurants, cafes, or places
where food or drinks, or both, are sold to be consumed at such
places."]
Retention Period: Not specified.
Citation: Rule 410-3-.03 Organization and
Administration. Amended.
Regulating Agency: State Board of Nursing.
Requirement: To document and keep readily
available evidence of the implementation of a plan for ongoing
systematic total program evaluation which includes, but is not
limited to, curriculum, resources, faculty, students, clinical
agencies, and preceptors (if applicable), with any relevant
actions/decisions.
Persons Affected: Nursing education programs.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
43-26-2 and 43-26-5(a)(c).
Citation: Rule 410-3-.09 Educational
Facilities and Resources.
Regulating Agency: State Board of Nursing.
Requirement: To obtain and maintain a written
agreement/communication with each agency utilized for clinical
learning activities involving any faculty/student planned
interaction with patients/clients/residents/students which
delineates the responsibilities of the involved parties.
Persons Affected: Nursing education programs.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
43-26-2 and 43-26-5(a)(c).
Citation: Rule 410-3-.09 Educational
Facilities and Resources.
Regulating Agency: State Board of Nursing.
Requirement: To keep on file a written
description, according with the criteria specified in Rule
410-3-.09(2), for each agency listed in the annual report of the
nursing education program.
Persons Affected: Nursing education programs.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
43-26-2 and 43-26-5(a)(c).
Citation: Rule 410-3-.09 Educational
Facilities and Resources.
Regulating Agency: State Board of Nursing.
Requirement: To obtain and maintain a written
agreement/communication, which delineates the responsibilities of
the involved parties, with each agency providing non-clinical
education resources.
Persons Affected: Nursing education programs.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
43-26-2 and 43-26-5(a)(c).
Citation: Rule 410-5-.01 Discontinuance of a
Nursing Education Program.
Regulating Agency: State Board of Nursing.
Requirement: To provide for the permanent
retention and security of student and graduate records.
Persons Affected: Nursing education programs.
Retention Period: Permanent.
Related Code Sections: O.C.G.A. Sections
43-26-2 and 43-26-5(a)(c).
Citation: Rule 410-13-.01 Regulation of
Protocol Use by Registered Nurses. Amended.
Regulating Agency: State Board of Nursing.
Requirement: (1) to document preparation and
performance specific to each medical act authorized by protocol,
including ordering dangerous drugs, medical treatments, or
diagnostic studies; and (2) to document preparation and
performance specific to dispensing dangerous drugs based on a
written dispensing procedure.
Persons Affected: Registered Nurses.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Section
43-26-5(a)(c).
Citation: Rule 410-11-.01 Standards of
Registered Professional Nursing Practice. Amended.
Regulating Agency: State Board of Nursing.
Requirement: To collect and record accessible
and communicable data in a systematic and continuous manner on
which to base any nursing diagnosis formulated.
Persons Affected: Registered nurses.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
43-26-2, 43-26-3, 43-26-5(a)(b)(c), and 43-26-10.
Citation: Rule 393-13-.03 Documentation.
Regulating Agency: State Board of Nursing Home
Administrators.
Requirement: To maintain documentation of the
continuing education activities of the licensee.
Persons Affected: Nursing home administrators
licensed by the Georgia State Board of Nursing Home
Administrators.
Retention Period: Three years.
Related Code Sections: O.C.G.A. Sections
43-1-25 and 43-27-5.
Citation: O.C.G.A. Section 43-31-3 Recording
of sales by dealers; opening of records to public authorities.
Regulating Agency: Public authorities.
Requirement: To make and keep a record of the
name and address of the seller, the date of the purchase, the
amount of the nuts purchased, kinds purchased, and where
purchased.
Persons Affected: Any dealer in pecans who buys
any pecans for resale, or for the purpose of processing the same,
in an amount exceeding the market value of $5.00 at one time.
Retention Period: At least 12 months after the
date of the purchase.
Citation: O.C.G.A. Section 43-37-3 Permanent
records required; content.
Regulating Agency: County sheriffs or chiefs of
county police departments and municipal chiefs of police.
Requirement: To maintain a book, in permanent
form in legible English, in which shall be entered at the time of
each purchase of precious metals or gems or goods made from
precious metals or gems: (1) the date and time of the purchase;
(2) the name of the person making the purchase from the seller;
(3) the name, age, and address of the seller of the items
purchased and the distinctive number from such seller's driver's
license or other similar identification card containing a photo
of the seller; (4) a clear and accurate identification and
description of the purchased goods, including the serial, model,
or other number, and all identifying marks inscribed thereon; (5)
the price paid for the goods purchased; (6) the number of the
check issued for the purchase price, if payment is made by check;
and (7) the signature of the seller. Entries must be in
chronological order, with no blank lines left between entries,
and no obliterations, alterations, or erasures made. Corrections
must be made by drawing a line of ink through the entry without
destroying its legibility.
Persons Affected: Every dealer in precious
metals or gems.
Retention Period: At least two years.
Citation: O.C.G.A. Section 43-38-7.1
Registration records of unarmed security employees; fingerprint
identification of prospective employees.
Regulating Agency: State Board of Private
Detective and Security Agencies.
Requirement: To maintain registration records of
all guards, watchmen, or patrolmen who are unarmed pursuant to
rules and regulations of the Georgia Board of Private Detective
and Security Agencies.
Persons Affected: Any individual, firm,
association, company, partnership, limited liability company, or
corporation engaged in the private security business and licensed
pursuant to O.C.G.A. Section 43-38-6.
Retention Period: Not specified.
Citation: O.C.G.A. Section 43-40-9 relating
to non-resident real estate brokers and resident real estate
brokers agreements.
Regulating Agency: Georgia Real Estate
Commission
Requirement: The Georgia real estate broker is
responsible for creating and maintaining a copy of any written
agreement into which such Georgia real estate broker enters with
a licensed real estate broker of another state.
Persons Affected: All licensed real estate
brokers.
Retention Period: At least three years.
Citation: O.C.G.A. Section 43-43-2
Maintenance of records required; contents; term.
Regulating Agency: Any duly authorized law
enforcement officer.
Requirement: As to all purchases of vehicles or
scrap vehicles from licensed sellers, to maintain records which
contain in legible English: (1) the date of purchase; (2) the
name of the seller; (3) a general description of the purchase;
(4) the number of scrap vehicles purchased; (5) the vehicle
identification number of vehicles which are not scrap vehicles,
if available, or, if not available, a notation of the make and
year of such vehicles; and (6) the amount paid for the purchase.
As to all purchases of vehicles or scrap vehicles from
nonresident sellers or sellers who are not licensed, to maintain
records which contain in legible English: (1) the date of
purchase; (2) the name and address of the seller; (3) the name
and motor vehicle operator's license number of the driver
delivering the material; (4) a general description of the
purchase; (5) the number of scrap vehicles purchased; (6) the
vehicle identification number, if available, of vehicles
purchased which are not scrap vehicles, or, if not available, a
notation of the make and year of such vehicles; and (7) the
amount paid for the purchase.
Persons Affected: Every scrap metal processor.
Retention Period: A period of not less than two
years.
Citation: O.C.G.A. Section 43-47-12
Maintenance of records by licensees.
Regulating Agency: State Board of Registration
of Used Car Dealers.
Requirement: To maintain a record of: (1) every
vehicle acquired or received by a used car dealer, its
description or any of its identifying numbers, the date of its
receipt or acquisition, and the full name, address, and driver's
license number or social security number of the person from whom
received or acquired; (2) every vehicle or vehicle body, chassis,
or major component disposed
of by him, its description and any identifying numbers, the date
of its disposition, and the name, address, driver's license
number or social security number of the person to whom disposed;
and (3) any other records which the State Board of Registration
of Used Car Dealers may reasonably require to protect the public,
as relating to the used car dealer's method of operation and
personnel employed.
Persons Affected: Every licensee under O.C.G.A.
Title 43, Chapter 47.
Retention Period: Three years.
Citation: O.C.G.A. Section 43-49-4 Contents
of invoice of sale for second hand watch; filing of duplicate
invoice by vendor; inspection of invoice by appropriate
prosecuting attorney.
Regulating Agency: The appropriate prosecuting
attorney of the county in which the vendor or his duly authorized
representative is engaged in business.
Requirement: To keep on file a duplicate of the
invoice which is required by O.C.G.A. Section 43-49-4 to be
delivered to the vendee of a secondhand watch. [Under the
requirements of O.C.G.A. Section 43-49-4, the invoice must
contain (1) the words "secondhand" in bold letters
larger than any of the other written matter in the invoice; (2)
the name and address of the vendor; (3) the name and address of
the vendee; (4) the date of sale; (5) the name of the watch or
its maker, the serial number, if any, and any other
distinguishing numbers or identification marks upon its case and
movement.]
Persons Affected: Any person, firm, partnership,
association, or corporation engaged in the business of buying or
selling watches or any agent or servant thereof who may sell a
secondhand watch or in any other way pass title thereto.
Retention Period: At least two and one-half
years from the sale.