Title 10, Chapter 1, Section 667
( 10-1-667)
Any dealer, distributor, or manufacturer who is aggrieved by a
violation of any provision of this article may file a petition with
the Department of Revenue setting forth the facts supporting the
allegation of such violation. The commissioner shall issue an
administrative order, whenever the commissioner, after notice to all
parties and after a hearing, determines that a violation of this
article or any order issued under this article has occurred. The
notice and the hearing and any administrative review thereof shall
be conducted in accordance with the procedure for contested cases
under Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act." Any party who has exhausted all administrative remedies
available and who is aggrieved or adversely affected by a final
order or action of the commissioner shall have the right of judicial
review thereof in accordance with Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act." The commissioner or the
prevailing party may file, in the superior court in the county
wherein the party under order resides or, if such party is a
corporation, in the county wherein the corporation maintains its
established place of business or its agent for service of process is
located, or in the county wherein the violation occurred, a
certified copy of a final order of the commissioner, whether
unappealed from or affirmed upon appeal, whereupon the court shall
render judgment in accordance therewith and notify the parties.
Such judgment shall have the same effect and 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. The
remedy prescribed in this Code section shall be concurrent,
alternative, and cumulative with any and all other civil, criminal,
or alternative rights, remedies, forfeitures, or penalties provided,
allowed, or available under the laws of this state. |