Title 27, Chapter 1, Section 37
( 27-1-37)
(a) Whenever the department has reason to believe that a violation
of any provision of this title, any rule or regulation adopted
pursuant thereto, or a condition of any permit issued thereunder has
occurred or is occurring, the department may, in its discretion,
issue an administrative order requiring the violator to take
whatever corrective action the department deems necessary in order
to obtain compliance within a period of time set forth in such
order. Such order may also authorize the seizure of any wildlife or
wild animal which the department determines is being or has been
taken, imported, sold, transferred, or possessed in violation of
this title, any regulation promulgated pursuant thereto, or a
condition of any permit or license issued thereunder. Any such
order issued by the department shall become final unless the person
named therein files with the department a written request for a
hearing within 30 days after the order is served personally or by
certified mail or statutory overnight delivery on such person. (b) In addition to taking the actions authorized in subsection (a)
of this Code section, the department may issue an emergency
administrative order for the purpose of authorizing any appropriate
enforcement action including, but not limited to, the seizure of
wildlife or wild animals; provided, however, that such emergency
order must be supported by and have attached thereto an affidavit
stating that the affiant has personal knowledge that immediate
irreparable injury is likely to occur to wildlife or other natural
resources, to wild animals, or to human beings. Any such emergency
order issued by the department shall be effective immediately upon
the issuance of the order. The person named in the order shall,
upon written request within 30 days of the issuance of the order, be
entitled to a hearing, the hearing to be held within ten days of
receipt of the request. (c) Nothing in this Code section shall be construed to require the
issuance of an administrative order or emergency administrative
order to seize contraband or wildlife in accordance with this title. (d) The hearing reviewing an administrative order or an emergency
administrative order shall be conducted by an administrative law
judge appointed by the Board of Natural Resources. The hearing
before the administrative law judge shall be conducted in accordance
with Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act," and the rules and regulations adopted by the board pursuant
thereto. The decision of the administrative law judge shall
constitute the final decision of the board and any party to the
hearing, including the department, shall have the right of judicial
review thereof in accordance with Chapter 13 of Title 50. |