Title 4, Chapter 10, Section 9
( 4-10-9)
(a) Notwithstanding any other provision of law, whenever it may
appear to the Commissioner or his agent, either upon investigation
or otherwise, that any person has engaged in, or is engaging in, or
is about to engage in any act, practice, or transaction which is
prohibited by any law or regulation governing activities for which a
license is required by this chapter, whether or not the person has
so registered or obtained such a license or permit, the Commissioner
may issue an order, if he deems it to be in the public interest or
necessary for the protection of the citizens of this state,
prohibiting such person from continuing such act, practice, or
transaction or suspending or revoking any such registration,
license, or permit held by such person. (b) In situations where persons would otherwise be entitled to a
hearing prior to an order entered pursuant to subsection (a) of this
Code section, the Commissioner may issue such an order to be
effective upon a later date without a hearing unless a person
subject to the order requests a hearing within ten days after
receipt of the order. Failure to make the request shall constitute a
waiver of any provision of law for a hearing. The order shall
contain or shall be accompanied by a notice of opportunity for
hearing, stating that a hearing must be requested within ten days of
receipt of the notice and order. The order and notice shall be
served in person by the Commissioner or his agent or by certified
mail or statutory overnight delivery, return receipt requested. In
the case of an individual registered with or issued a license or
permit by the department, receipt of the order and notice will be
conclusively presumed five days after the mailing of the order by
certified mail or statutory overnight delivery, return receipt
requested, to the address provided by such person in his most recent
registration or license or permit application. (c) In situations where persons would otherwise be entitled to a
hearing prior to an order, the Commissioner may issue an order to be
effective immediately if the Commissioner or his agent has
reasonable cause to believe that an act, practice, or transaction is
occurring or is about to occur, that the situation constitutes a
situation of imminent peril to the public safety or welfare, and
that the situation therefore requires emergency action. The
emergency order shall contain findings to this effect and reasons
for the determination. The order shall contain or be accompanied by
a notice of opportunity for hearing, which notice may provide that a
hearing will be held if and only if a person subject to the order
requests a hearing within ten days of the receipt of the order and
notice. The order and notice shall be served by the Commissioner or
his agent or by certified mail or statutory overnight delivery,
return receipt requested. In the case of an individual registered
with or issued a license or permit by the department, receipt of the
order and notice will be conclusively presumed five days after the
mailing of the order by certified mail or statutory overnight
delivery, return receipt requested, to the address provided by such
person in his most recent registration or license or permit
application. (d) Any request for hearing made pursuant to subsections (b) and (c)
of this Code section shall specify (1) in what respects such person
is aggrieved, (2) any and all defenses such person intends to assert
at the hearing, (3) affirmation or denial of all the facts and
findings alleged in the order, and (4) an address to which any
further correspondence or notices in the proceeding may be mailed.
Upon such a request for hearing, the Commissioner shall schedule and
hold the hearing, unless postponed by mutual consent, within 30 days
after receipt by the Commissioner of the request therefor. The
Commissioner shall give the person requesting the hearing notice of
the time and place of the hearing by certified mail or statutory
overnight delivery to the address specified in the request for
hearing at least 15 days prior to the time of the hearing. (e) Except where in conflict with the express provisions of this
Code section and the reasonable implication of such provisions, the
provisions of Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act," relating to contested cases shall be applicable to
the actions of the Commissioner taken pursuant to this Code section
and to the conduct and judicial review of any hearings held as a
result thereof. (f) The Commissioner may institute actions or other legal
proceedings in any superior court of proper venue as may be required
for the enforcement of any law or regulation governing activities
for which registration with or a license or permit from the
department is required. (g) The Commissioner may prosecute an action in any superior court
of proper venue to enforce any order made by him pursuant to this
Code section. (h) In cases in which the Commissioner institutes an action or other
legal proceeding or prosecutes an action to enforce his order, the
superior court may, among other appropriate relief, issue a
temporary restraining order or a preliminary, interlocutory, or
permanent injunction restraining or enjoining persons from engaging
in, or acting in concert with anyone engaging in, any acts,
practices, or transactions prohibited by orders of the Commissioner
or any law or regulation governing activities for which registration
with or a license or permit from the department is required. |