Title 40, Chapter 3, Section 43
( 40-3-43)
(a) Any person, firm, or corporation which pays a total loss claim
on a vehicle as a result of such vehicle's being stolen shall within
15 days of the payment of such total loss claim apply to the
commissioner for a transfer of the certificate of title into such
person's, firm's, or corporation's name. No person, firm, or
corporation shall sell, transfer, or convey such vehicle until the
requirements of this Code section have been met. (b) As an alternative to criminal or other civil enforcement, the
commissioner, in order to enforce this Code section or any orders,
rules, and regulations promulgated pursuant to this Code section,
may issue an administrative fine not to exceed $1,000.00 for each
violation, whenever the commissioner, after a hearing, determines
that any person has violated any provisions of this Code section or
any regulations or orders promulgated under this Code section. 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 a final order or action of the
commissioner shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50. All fines recovered under
this subsection shall be paid into the state treasury. The
commissioner may file, in the superior court (1) wherein the person
under order resides; (2) if such person is a corporation, in the
county wherein the corporation maintains its principal place of
business; or (3) in the county wherein the violation occurred, a
certified copy of a final order of the commissioner, whether
unappealed from or affirmed upon appeal, whereupon the court shall
render judgment in accordance therewith and notify the parties. Such
judgment shall have the same effect and proceedings in relation
thereto shall thereafter be the same as though the judgment had been
rendered in an action duly heard and determined by the 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 Code section or any order, rules, or regulations
promulgated pursuant thereto. (c) The Commissioner of Insurance is authorized to enforce the
provisions of this Code section to the extent such provisions are
applicable to insurers which are under the jurisdiction of the
Insurance Department. The Commissioner of Insurance is also
authorized to cooperate with the commissioner in enforcing this Code
section and to provide the commissioner with any information
acquired by the Commissioner of Insurance during any investigation
or proceeding involving this Code section. Nothing in this
subsection shall be construed to limit the powers and duties of the
commissioner to enforce the provisions of this Code section as such
provisions apply to insurers. |