Title 10, Chapter 1, Section 405
( 10-1-405)
(a) Any person who violates the terms of an injunction issued under Code Section 10-1-397 shall forfeit and pay to the state a civil penalty of not more than $25,000.00 per violation. For purposes of this Code section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the administrator, acting in the name of the state, may petition for recovery of civil penalties. (b) In the case of a continuing violation under this part, each day
shall be regarded as a separate violation. (c) Any intentional violation by a corporation, partnership, or
association shall be deemed to be also that of the individual
directors, officers, partners, employees, or agents of the
corporation, partnership, or association who had actual knowledge of
the acts constituting the violation and who directly authorized,
supervised, ordered, or did any of the acts constituting in whole or
in part the violation; provided, however, no such individual
directors, officers, partners, employees, or agents shall have any
individual liability under this subsection unless the corporation,
partnership, or association, as the case may be, which has committed
the intentional violation shall fail to pay into the court within 30
days after judgment sufficient moneys or assets to satisfy the
judgment. (d) The administrator shall have the authority to compromise or
settle claims for penalty brought under this Code section. |