Title 40, Chapter 5, Section 88
( 40-5-88)
As an alternative to criminal or other civil enforcement, the
commissioner of motor vehicle safety or the commissioner of human
resources, whichever is applicable, in order to enforce this article
or any orders, rules, or regulations promulgated pursuant to this
article, may issue an administrative fine not to exceed $1,000.00
for each violation, whenever that commissioner, after a hearing,
determines that any person, firm, or corporation has violated any
provisions of 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, firm, or corporation who
has exhausted all administrative remedies available and who is
aggrieved or adversely affected by a final order or action of either
the commissioner of motor vehicle safety or the commissioner of
human resources shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50. All fines recovered under
this Code section shall be paid into the state treasury. The
commissioner of motor vehicle safety or the commissioner of human
resources, as appropriate, 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 such
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 such
commissioner with respect to any violation of this article or any
order, rules, or regulations promulgated pursuant to this article. |