Title 2, Chapter 8, Section 74
( 2-8-74)
(a) The commission on its 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 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 commission
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 commission 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 commission finds that a
violation has occurred, it shall enter its findings and notify the
parties to such complaint. In its discretion, the commission 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 the commission finds that the facts or circumstances
warrant immediate prosecution, the commission 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. |