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Georgia State Code
Title      40
Chapter       5  
Section Navigation     1 ... 21       21.1 ... 28.1  
    29 ... 51         52 ... 58    
    59 ... 67       67.1 ... 75    
    80 ... 86           87 ... 121   
   122 ... 145       146 ... 154   
   155 ... 174       175 ... 179     
Section<<< 87 88 100 101 102 103 104 105 120 121 >>>  
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.

Monday October 6 09:39 CDT


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