Title 2, Chapter 10, Section 60
( 2-10-60)
Notwithstanding any other provision of law: (1) Whenever it appears to the Commissioner, either upon
investigation or otherwise, that any person has engaged in, is
engaging in, or is about to engage in any act, practice, or
transaction which is prohibited by any provision of this article
governing activities for which registration with or a license or
permit from the department is required, whether or not the person
has so registered or obtained such a license or permit, the
Commissioner may issue an order, if he deems it to be in the
public interest or necessary for the protection of the citizens of
this state, prohibiting such person from continuing such act,
practice, or transaction or suspending or revoking any such
registration, license, or permit held by such person; (2) In situations where persons otherwise would be entitled to a
hearing prior to an order entered pursuant to paragraph (1) of
this Code section, the Commissioner may issue such an order to be
effective upon a later date without hearing unless a person
subject to the order requests a hearing within ten days after
receipt of the order. Failure to make the request shall
constitute a waiver of any law for a hearing. The order shall
contain or shall be accompanied by a notice of opportunity for
hearing stating that a hearing must be requested within ten days
of receipt of the notice and order. The order and notice shall be
served in person by the Commissioner or his agent or by certified
mail or statutory overnight delivery, return receipt requested.
In the case of an individual registered with or issued a license
or permit by the department, receipt of the order and notice will
be conclusively presumed five days after the mailing of the order
by certified mail or statutory overnight delivery, return receipt
requested, to the address provided by such person in his most
recent registration or license or permit application; (3) In situations where persons otherwise would be entitled to a
hearing prior to an order, the Commissioner may issue an order to
be effective immediately if the Commissioner has reasonable cause
to believe that an act, practice, or transaction is occurring or
is about to occur, that the situation constitutes a situation of
imminent peril to the public safety or welfare, and that the
situation therefore requires emergency action. The emergency
order shall contain findings to this effect and reasons for the
determination. The order shall contain or be accompanied by a
notice of opportunity for hearing which may provide that a hearing
will be held if and only if a person subject to the order requests
a hearing within ten days of the receipt of the order and notice.
The order and notice shall be served by the Commissioner or his
agent or by certified mail or statutory overnight delivery, return
receipt requested. In the case of an individual registered with or
issued a license or permit by the department, receipt of the order
and notice will be conclusively presumed five days after the
mailing of the order by certified mail or statutory overnight
delivery, return receipt requested, to the address provided by
such person in his most recent registration or license or permit
application; (4) Any request for hearing made pursuant to paragraphs (2) and
(3) of this Code section shall specify:
(A) In what respects such person is aggrieved; (B) Any and all defenses such person intends to assert at the
hearing; (C) Affirmation or denial of all the facts and findings alleged
in the order; and (D) An address to which any further correspondence or notices in
the proceeding may be mailed. Upon such a request for hearing, the Commissioner shall schedule
and hold the hearing, unless postponed by mutual consent, within
30 days after receipt by the Commissioner of the request therefor.
The Commissioner shall give the person requesting the hearing
notice of the time and place of the hearing by certified mail or
statutory overnight delivery to the address specified in the
request for hearing at least 15 days prior to the time of the
hearing; (5) Except where in conflict with the express provisions of this
Code section and the reasonable implication of such provisions,
the provisions of Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," relating to contested cases shall
be applicable to the actions of the Commissioner taken pursuant to
this Code section and to the conduct and judicial review of any
hearings held as a result thereof; (6) The Commissioner may institute actions or other legal
proceedings in any superior court of proper venue as may be
required for the enforcement of any law or regulation governing
activities for which registration with or a license or permit from
the department is required; (7) The Commissioner may prosecute an action in any superior court
of proper venue to enforce any order made by him pursuant to this
Code section; (8) In cases in which the Commissioner institutes an action or
other legal proceeding or prosecutes an action to enforce his
order, the superior court may, among other appropriate relief,
issue a temporary restraining order or a preliminary,
interlocutory, or permanent injunction restraining or enjoining
persons and those in active concert with them from engaging in any
acts, practices, or transactions prohibited by orders of the
Commissioner or any law or regulation governing activities for
which registration with or a license or permit from the department
is required. In any such action, it shall not be necessary for
the Commissioner to allege or prove the absence of an adequate
remedy at law. |