Title 46, Chapter 2, Section 91
( 46-2-91)
(a) Any person, firm, or corporation (referred to in this Code
section as a "utility") subject to the jurisdiction of the
commission, which utility willfully violates any law administered by
the commission or any duly promulgated regulation issued thereunder
or which fails, neglects, or refuses to comply with any order after
notice thereof, shall be liable to a penalty not to exceed
$15,000.00 for such violation and an additional penalty not to
exceed $10,000.00 for each day during which such violation
continues. (b)(1) The commission, after a hearing conducted after not less than 30 days' notice, shall determine whether any utility has willfully violated any law administered by the commission or any duly promulgated regulation issued thereunder, or has failed, neglected, or refused to comply with any order of the commission. Upon an appropriate finding of a violation, the commission may impose by order such civil penalties as are provided by subsection (a) of this Code section or by subsection (a) of Code Section 46-2-94. In each such proceeding, the commission shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter of which the commission takes official notice, and all staff memoranda or data submitted to the commission in connection with its consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annum) recovered by the commission shall be paid into the general fund of the state treasury. (2) Any party aggrieved by a decision of the commission may seek
judicial review as provided in subsection (c) of this Code
section. (c)(1) Any party who has exhausted all administrative remedies
available before the commission and who is aggrieved by a final
decision of the commission in a proceeding described in subsection
(b) of this Code section may seek judicial review of the final
order of the commission in the Superior Court of Fulton County. (2) Proceedings for review shall be instituted by filing a
petition within 30 days after the service of the final decision of
the commission or, if a rehearing is requested, within 30 days
after the decision thereon. A motion for rehearing or
reconsideration after a final decision by the commission shall not
be a prerequisite to the filing of a petition for review. Copies
of the petition shall be served upon the commission and all
parties of record before the commission. (3) The petition shall state the nature of the petitioner's
interest, the facts showing that the petitioner is aggrieved by
the decision, and the ground, as specified in paragraph (6) of
this subsection, upon which the petitioner contends that the
decision should be reversed. The petition may be amended by leave
of court. (4) Within 30 days after service of the petition, or within such
further time as is stipulated by the parties or as is allowed by
the court, the agency shall transmit to the reviewing court the
original or a certified copy of the entire record of the
proceedings under review. By stipulation of all parties to the
review proceedings, the record may be shortened. A party
unreasonably refusing to stipulate that the record be limited may
be taxed for the additional costs. The court may require or permit
subsequent corrections or additions to the record. (5) If, before the date set for hearing, application is made to
the court for leave to present additional evidence, and it is
shown to the satisfaction of the court that the additional
evidence is material and there were good reasons for failure to
present it in the proceedings before the agency, the court may
order that the additional evidence be taken before the commission
upon such procedure as is determined by the court. The commission
may modify its findings and decision by reason of the additional
evidence and shall file that evidence and any modifications, new
findings, or decisions with the reviewing court. (6) The review shall be conducted by the court without a jury and
shall be confined to the record. The court shall not substitute
its judgment for that of the commission as to the weight of the
evidence on questions of fact. The court may affirm the decision
of the commission or remand the case for further proceedings. The
court may reverse the decision of the commission if substantial
rights of the petitioner have been prejudiced because the
commission's findings, inferences, conclusions, or decisions are: (A) In violation of constitutional or statutory provisions; (B) In excess of the statutory authority of the commission; (C) Made upon unlawful procedure; (D) Clearly not supported by any reliable, probative, and
substantial evidence on the record as a whole; or (E) Arbitrary or capricious. (7) A party aggrieved by an order of the court in a proceeding
authorized under subsection (b) of this Code section may appeal to
the Supreme Court of Georgia or to the Court of Appeals of Georgia
in accordance with Article 2 of Chapter 6 of Title 5, the
"Appellate Practice Act." |