Title 10, Chapter 1, Section 381
( 10-1-381)
(a) The administrator may file in the superior court of the county
in which a person under order resides, or in the county in which the
violation occurred, or, if the person is a corporation, in the
county in which the corporation maintains its principal place of
business, a certified copy of a final order issued pursuant to this
article by the administrator which is unappealed from or a final
order of an administrative law judge issued pursuant to this article
which is unappealed from or a final order of an administrative law
judge issued pursuant to this article which is affirmed upon appeal,
whereupon the court shall render judgment in accordance therewith
and notify the parties. The judgment shall have the same effect,
and all proceedings in relation thereto shall thereafter be the same
as though the judgment had been rendered in an action duly heard and
determined by the court. (b) The administrator may file in the superior court of the county
in which the person obligated to pay funds over to the administrator
resides, or in the county in which the violation or alleged
violation occurred, or, if the person is a corporation, in the
county in which the corporation maintains its principal place of
business, a certified copy of any document under which funds are due
to the administrator based on obligations created in the
administration of this article, whether obtained through official
action, compromise, settlement, assurance of voluntary compliance,
or otherwise, and are delinquent according to the terms of the
document creating the obligation, whereupon the court shall render
judgment in accordance therewith and notify the parties. The
judgment shall have the same effect, and all proceedings in relation
thereto shall thereafter be the same as though the judgment had been
rendered in an action duly heard and determined by the court. (c) The court shall specify that any funds to be collected under the judgment shall be disbursed by the administrator in accordance with the terms of the original order or in accordance with the terms of the original document creating the obligation, subject to the provisions of Code Section 10-1-382. Such funds may have been designated in the original order or in the original document to be applied to consumer restitution, to reimbursement of funds from which investigative expenses were paid, to civil penalties to be disbursed into the consumer preventive education plan, to civil penalties to be disbursed into the state general fund, or any combination thereof. (d) In original orders or original documents the administrator may
designate that civil penalties shall be applied to the consumer
preventive education plan; in that event, such funds shall not be
applied in an aggregate amount which is any greater than the amount
of funds appropriated for the consumer preventive education plan.
Any amount of civil penalties which exceeds the appropriation for
the consumer preventive education plan shall be disbursed into the
state general fund. (e) All judgments obtained pursuant to this Code section shall be
considered delinquent if unpaid 30 calendar days after the judgment
is rendered. (f) The administrator is authorized to establish a consumer
preventive education plan. |