Title 10, Chapter 2, Section 53
( 10-2-53)
(a) As an alternative to criminal or other civil enforcement, the
Commissioner, in order to enforce this article or any orders, rules,
and regulations promulgated pursuant thereto, after a hearing, may
issue an administrative order imposing a penalty not to exceed
$1,000.00 for each violation whenever the Commissioner, after a
hearing, determines that any person has violated this article or any
rules, regulations, or orders promulgated under this article. The
hearing and any administrative review thereof shall be conducted in
accordance with the procedures for contested cases under Chapter 13
of Title 50, the "Georgia Administrative Procedure Act." (b) Any person who has exhausted all administrative remedies
available and who is aggrieved or adversely affected by any final
order or action of the Commissioner shall have the right of judicial
review thereof in accordance with Chapter 13 of Title 50. (c) All penalties recovered as provided in this Code section shall
be paid into the state treasury. (d) The Commissioner may file in the superior court wherein the
person under order resides, or, if said person is a corporation, in
the county wherein the corporation maintains its principal place of
business, or in the county wherein the violation occurred, a
certified copy of a final order of the Commissioner unappealed from,
or of a final order of the Commissioner affirmed upon appeal,
whereupon said 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 has been rendered in a suit duly heard and
determined by the court. (e) The penalty 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 to the Commissioner with respect to any
violation of this article and any orders, rules, or regulations
promulgated pursuant thereto. |