Title 2, Chapter 8, Section 34
( 2-8-34)
(a) The Commissioner on his own motion may, and upon the complaint
of any interested party charging a violation of any provision of
this article or of any provision of any marketing order or any rule
or regulation issued by the Commissioner or commission and effective
under this article shall, either refer the matter directly to the
Attorney General of this state or to any prosecuting attorney of
this state for the institution of legal proceedings thereupon or, if
the Commissioner deems it necessary or advisable, immediately call
an administrative hearing, pursuant to the provisions of Chapter 13
of Title 50, the "Georgia Administrative Procedure Act," governing
contested cases, to consider the charges set forth in such verified
complaint. (b) In case the matter is referred directly by the Commissioner to
the Attorney General or any prosecuting attorney, it shall be the
duty of such officer, if after examination of the complaint and the
evidence he believes that a violation has occurred, to bring an
appropriate action or actions in a court or courts of competent
jurisdiction in this state. (c) After an administrative hearing, if the Commissioner finds that
a violation has occurred, he shall enter his findings and notify the
parties to such complaint. In his discretion, the Commissioner
shall either refer the matter to the Attorney General for the
institution of legal proceedings or notify such parties to cease and
desist from further violation. Upon the refusal or failure of such
parties to comply or if he finds that the facts or circumstances
warrant immediate prosecution, the Commissioner shall file a
complaint with the Attorney General or with any prosecuting attorney
of this state requesting that such officer commence any or all
actions authorized in this article against such respondent or
respondents in a court of competent jurisdiction. |