Information Regarding Complaint Procedure

Legislature has determined that persons practicing as used motor vehicle dealers operate a business that affects the health, safety and welfare of the public. Therefore, such persons or businesses, with some exceptions, are required by Section 43-47 of the Official Code of Georgia Annotated (O.C.G.A.) to be licensed by the Used Car Division of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. Licensees of the Used Car Division are required to file and maintain a current surety bond and appropriate insurance in addition to other requirements.

COMPLAINT PROCEDURE

To file a complaint regarding a violation of the licensing requirements, you should complete a complaint form (available in Adobe Acrobat .pdf format) and submit it to the address indicated at the top of the form.  ALTHOUGH IT IS NOT REQUIRED, your complaint should include your name, mailing address, and telephone number; the name and address of the person or business being reported; a detailed description of the violation (attach as many pages as necessary); and copies of any related documents (including but not limited to bills of sale, odometer statements, contracts, photographs, etc.). A letter acknowledging receipt of your complaint and indicating the action requested to address your complaint will be forwarded to you as soon as possible.  COMPLAINT FILES ARE CONFIDENTIAL AND WILL NOT BE DISCUSSED BY TELEPHONE. Any request for the status of a complaint must be made in writing and will be answered in writing.  Information regarding "anonymous complaints" will not be made available.

YOU MAY EXPECT the board to be genuinely concerned with your complaint. Where appropriate, the board will seek to resolve the complaint either through informal or formal means.  You will be notified of the final action of the board regarding your complaint as soon as such information is available.

You should be aware that the Board does not have the authority to (1) provide you with legal advice; (2) order the licensee to pay or refund money to you; (3) order the licensee to complete or correct work or services; or (4) to provide you with any records or other information obtained during the course of a board investigation. It is suggested that you contact your personal attorney or a court of appropriate jurisdiction to determine what civil remedies may be available to assist you in recovering any losses you may have suffered as a result of your transaction.

 

INVESTIGATION/INSPECTION

Your complaint will be given serious consideration by the board and, if appropriate, an investigation or an inspection may be requested.  You may be contacted by the board investigator or inspector.  The referral of a complaint for further investigation or inspection does not necessarily mean that a violation has occurred.  Investigations and inspections are completed as soon as possible, depending upon the nature and circumstances of the complaint.  After reviewing the results of the investigation or inspection, the board may determine that an apparent violation of the licensing law exists and the file may be referred to the State Attorney General's office to initiate formal proceedings.

 

UNLICENSED ACTIVITY

Usually, if there is sufficient evidence to prove unlicensed activity, the first step in addressing such activity is the offer of a Voluntary Cease and Desist Order whereby the unlicensed individual agrees to cease all activity requiring a license until such time as a license is obtained.  Any violation of the cease and desist order may result in a request that formal hearing procedures be initiated to fine the violator. The board may also petition the superior court for an injunction against further violations.  Many licensing statutes also provide for criminal prosecution by local authorities; however, such prosecution is at the discretion of the local authorities.

 

THE HEARING PROCESS/DISCIPLINARY ACTION

The purpose of a disciplinary action is to protect the public and to deter future violations.  A licensee who violates the licensing requirements may be subject to disciplinary action against the license, such as a fine, reprimand, suspension, probation, or revocation of the license.  Any person who is the subject of a disciplinary matter has the right to a formal hearing prior to sanctions against a license being imposed.  However, not all cases referred to the Attorney General result in formal hearings.  In some instances, both the board and the licensee agree to specific disciplinary sanctions by signing a Consent Order. 

 

Those cases which proceed to formal hearings are conducted by a hearing officer in accordance to the Georgia Administrative Procedures Act.  If a hearing is conducted, you (as the complainant) may be called to testify and your identity as a complainant may become known. After the formal hearing is conducted, the hearing officer issues an initial decision which contains the findings of fact, conclusion of law, and recommended disciplinary action.  Either the licensee OR the board may request a review of the initial decision.  After a final decision is issued, the licensee may appeal that decision to the Superior Court of Fulton County.   THE HEARING PROCEDURE IS LENGTHY AND MAY TAKE MONTHS TO COMPLETE.  HOWEVER, IT IS DESIGNED TO ENSURE DUE PROCESS AND TO PROTECT THE RIGHTS OF THE INDIVIDUALS INVOLVED.