Title 31, Chapter 13, Section 13
( 31-13-13)
(a) Any person who violates the provisions of Code Section 31-13-7 or any rule or regulation promulgated pursuant to such Code section, or who violates the provisions of Code Section 31-13-12, or who hinders, obstructs, or otherwise interferes with any representative of the Department of Human Resources or the Department of Natural Resources in the discharge of his official duties in making inspections as provided in Code Section 31-13-5 or in impounding materials as provided in Code Section 31-13-11 shall be guilty of a misdemeanor. (b)(1) Any person who: (A) Violates any licensing or registration provision of this
chapter or any rule, regulation, or order issued under this
chapter or any term, condition, or limitation of any license or
registration certificate under this chapter; or (B) Commits any violation for which a license or registration
certificate may be revoked under rules or regulations issued
pursuant to this chapter may be subject to a civil penalty, to be imposed by the Department
of Natural Resources or the Department of Human Resources, as is
applicable, not to exceed $10,000.00. If any violation is a
continuing one, each day of such violation shall constitute a
separate violation for the purpose of computing the applicable
civil penalty. (2) Whenever the Department of Human Resources proposes to subject
a person to the imposition of a civil penalty under this
subsection, it shall notify such person in writing: (A) Setting forth the date, facts, and nature of each act or
omission with which the person is charged; (B) Specifically identifying the particular provision or
provisions of the Code section, rule, regulation, order,
license, or registration certificate involved in the violation;
and (C) Advising of each penalty which the Department of Human
Resources proposes to impose and its amount. Such written notice shall be sent by registered or certified mail
or statutory overnight delivery by the Department of Human
Resources to the last known address of such person. The person so
notified shall be granted an opportunity to show in writing,
within such reasonable period as the Department of Human Resources
shall by rule or regulation prescribe, why such penalty should not
be imposed. The notice shall also advise such person that, upon
failure to pay the civil penalty, if any, subsequently determined
by the Department of Human Resources, the penalty may be collected
by civil action. Any person upon whom a civil penalty is imposed
may contest such action in an administrative hearing pursuant to
Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act." (3) On the request of the Department of Human Resources, the
Attorney General is authorized to institute a civil action to
collect a penalty imposed pursuant to this subsection. The
Attorney General shall have the exclusive power to compromise,
mitigate, or remit such civil penalties as are referred to him for
collection. (4) All moneys collected from civil penalties shall be paid to the
state for deposit in the general fund. |