Title 2, Chapter 14, Section 135
( 2-14-135)
(a) Any person who violates any provision of this article or who
violates any rule or regulation issued by the Commissioner pursuant
to this article shall be liable for a civil penalty in an amount not
to exceed $5,000.00 for each and every violation thereof, the amount
of such penalty to be fixed by the Commissioner after notice and
hearing as provided in Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," for contested cases. Each day of
violation shall constitute a separate violation for purposes of this
subsection but in no event shall the penalty exceed $20,000.00. Any
moneys recovered pursuant to this Code section shall be deposited in
the state treasury. (b) Whenever in the judgment of the Commissioner any person has
engaged in or is about to engage in any act or practice which
constitutes or will constitute any violation of this article, the
Commissioner may make application to the superior court of the
county where such person resides or, if a nonresident of this state,
to the superior court of the county where such person is engaged in
or is about to engage in such act or practice, for an order
enjoining and restraining such act or practice. If it appears to
the court, upon any application for a temporary restraining order or
upon any application for an interlocutory or permanent injunction,
after evidence is received, that any person has engaged in or is
about to engage in any act or practice which constitutes or will
constitute any violation of this article or any rule or regulation
duly issued by the Commissioner under this article, then the court
shall enjoin the defendant from commiting further violations. It
shall not be necessary in such event to allege or prove lack of an
adequate remedy at law. (c) In any court action brought by the Commissioner to enforce any
of the provisions of this article or any rule or regulation issued
by the Commissioner, the judgment, if in favor of the Commissioner,
shall provide that defendant pay to the Commissioner all costs and
expenses incurred by the Commissioner in the prosecution of such
action. (d) The Commissioner may file in the superior court of the county
wherein the person under order resides, or, if the person is a
corporation, in the county wherein the corporation maintains its
principal place of business, or in the county wherein the violation
occurred or in which jurisdiction is appropriate, a certified copy
of a final administrative order of the Commissioner unappealed from
or a final administrative order of the Commissioner affirmed upon
appeal, whereupon the court shall render judgment in accordance
therewith and notify the parties. Such 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 such court. |