Title 26, Chapter 2, Section 82
( 26-2-82)
The Commissioner, in order to enforce this article or any orders,
rules, and regulations promulgated pursuant thereto, may issue an
administrative order imposing a penalty not to exceed $1,000.00 for
each violation whenever the Commissioner, after a hearing,
determines that any person has violated this article or any
regulations or orders promulgated under this article. The hearing
and any administrative review thereof shall be conducted in
accordance with the procedure for contested cases under Chapter 13
of Title 50, the "Georgia Administrative Procedure Act." Any person
who has exhausted all administrative remedies available and who is
aggrieved or adversely affected by any final order or action of the
Commissioner shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act." All penalties recovered as provided for in this
article shall be paid into the state treasury. The Commissioner may
file in the superior court of the county where the person under
order resides or, if said person is a corporation, in the county
wherein the corporation maintains its principal place of business or
in the county wherein the violation occurred a certified copy of a
final order of the Commissioner unappealed from, or of a final order
of the Commissioner affirmed upon appeal, whereupon said 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 said judgment has
been rendered in an action duly heard and determined by said court.
The penalty prescribed in this Code section shall be concurrent,
alternative, and cumulative with any and all other civil, criminal,
or alternative rights, remedies, forfeitures, or penalties provided,
allowed, or available to the Commissioner with respect to any
violation of this article and any orders, rules, or regulations
promulgated pursuant thereto. |