(a) Any licensee, operator, registered employee, or any other person
violating this chapter, any rule or regulation of the commission or
the Commissioner promulgated pursuant to this chapter, or any
condition or limitation of any license or registration imposed
pursuant to this chapter may be liable for a civil penalty of not
more than $10,000.00 per violation. Such penalty may be imposed in
addition to or in lieu of the suspension, cancellation, or
revocation of a license, certification, or registration or any other
enforcement action authorized by this chapter or any other provision
of law. The consent of the entity or person against whom the
penalty is to be imposed shall not be required for the imposition of
such penalty. (b) Whenever the Commissioner determines that any licensee,
operator, registered employee, or any other person has violated this
chapter, any rule or regulation of the commission or the
Commissioner promulgated pursuant to this chapter, or any condition
or limitation of any license or registration imposed pursuant to
this chapter, the Commissioner may issue an administrative order
imposing a civil penalty as provided in subsection (a) of this Code
section for the violation without a hearing unless a person subject
to the order petitions for a hearing. Any person who is aggrieved
or adversely affected by such order shall, upon written petition
within ten days after the service of the order on such person, have
a right to a hearing before a hearing officer appointed by the
Commissioner. Failure to petition for a hearing within such time
period shall constitute a waiver of the right to a hearing. The
order and notice shall be served in person by the Commissioner or
the Commissioner's agent or by certified mail or statutory overnight
delivery, return receipt requested. In the case of a licensee,
operator, or registered employee, 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 such
person's most recent application. The order shall contain or be
accompanied by a notice of opportunity for a hearing which states
that a hearing must be petitioned for in writing within ten days of
the service of the order. If a hearing is petitioned for within such
ten-day period, the administrative order is stayed pending a final
decision by the hearing officer. Upon receipt of a written petition
for a hearing, the Commissioner shall schedule the hearing before a
hearing officer appointed by the Commissioner, unless postponed by
mutual consent, within 30 days of the receipt by the Commissioner of
the petition. The Commissioner shall give the person petitioning
for the hearing notice of the time and place of the hearing by
certified mail or statutory overnight delivery to the address
specified in the petition for a hearing at least 15 days prior to
the date of the hearing. The hearing before the hearing officer
shall be conducted in accordance with Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act," and the rules and
regulations adopted by the commission or the Commissioner pursuant
thereto. Any party to the hearing, including the Commissioner,
shall have the right of judicial review thereof in accordance with
Chapter 13 of Title 50. (c) All civil penalties recovered by the Commissioner as provided in
this Code section shall be paid into the state treasury.
(d) Informal disposition or settlement may be made of any contested
case or action by stipulation, agreed settlement, consent order, or
default. (e) Except as otherwise provided in this Code section or by any
other provision of this chapter, all proceedings under this Code
section shall be conducted in accordance with Chapter 13 of Title
50, the "Georgia Administrative Procedure Act," and the rules and
regulations adopted by the commission and the Commissioner pursuant
thereto. (f) Any order of the hearing officer issued after a hearing as
provided in this Code section or any order of the Commissioner
issued pursuant to this Code section, either unappealed from as
provided in this Code section or affirmed or modified on any review
or appeal pursuant to this Code section, and from which no further
review is taken or allowed under this Code section, may be filed, as
unappealed from or as affirmed or modified, if reviewed or appealed,
by certified copy from the Commissioner in the superior court of the
county wherein such person under order resides, or if such person is
a corporation in the county wherein the corporation maintains its
principal place of business, or in the county wherein the violation
occurred or in which jurisdiction is appropriate, whereupon such
superior court shall render judgment in accordance therewith and
notify the parties. Such judgment shall have the same effect, and
all proceedings in relation thereto shall thereafter be the same, as
though such judgment had been rendered in an action duly heard and
determined by such court. |