lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Georgia State Code
Title      21
Chapter       2  
Section Navigation     1 ... 9          10 ... 31    
      32 ... 51         52 ... 77    
    90 ... 99        100 ... 134   
   135 ... 153     153.1 ... 180   
   181 ... 192       193 ... 211   
   212 ... 220       221 ... 230   
   231 ... 262       263 ... 281   
   282 ... 289       290 ... 321   
   322 ... 330       331 ... 354.1 
   355 ... 364       365 ... 373   
   374 ... 379.4     380 ... 387   
   388 ... 406       407 ... 415   
   416 ... 437       438 ... 456   
   457 ... 484       485 ... 497   
   498 ... 521       522 ... 529   
   540 ... 561       562 ... 571   
   572 ... 581       582 ... 590   
   591 ... 600       601 ... 602     
Section<<< 32 33 33.1 34 40 45 45.1 50 50.1 51 >>>  
Title 21, Chapter 2, Section 33.1 (21-2-33.1)

(a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:

(1) To cease and desist from committing further violations;

(2) To pay a civil penalty not to exceed $5,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against an individual, a governing authority which employs or compensates an individual, or both, as the State Election Board deems appropriate;

(3) To publicly reprimand an individual or governing authority found to have committed a violation;

(4) To require that restitution be paid to a state, county, or city governing authority when it has suffered a monetary loss or damage as the result of a violation;

(5) To require individuals to attend training as specified by the board; and

(6) To assess investigative costs incurred by the board against an individual or the governing authority which employs or compensates an individual found to have committed a violation.

(b) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." In addition to the State Election Board, any contested case may be held before any representative of such board who has been selected and appointed by such board for such purpose. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the State Election Board. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.

(c) The Attorney General of this state shall, upon complaint by the State Election Board, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the State Election Board for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the State Election Board.

(d) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the State Election Board or any order issued by the State Election Board ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the State Election Board to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the superior court shall enforce the orders of the State Election Board and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.

(e) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the State Election Board, the judgment, if in favor of the State Election Board, shall provide that the defendant pay to the State Election Board the costs, including reasonable attorneys' fees, incurred by the State Election Board in the prosecution of such action.

Sunday May 24 16:06 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com