Administrative Penalty for Violations; Judicial Review; Proceedings for Collection

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  6. Administrative Penalty for Violations; Judicial Review; Proceedings for Collection

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  1. As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated this article or any rules, regulations, or orders promulgated pursuant to 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."
  2. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
  3. All penalties recovered as provided in this Code section shall be paid into the state treasury.
  4. The Commissioner may file in the superior court wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all 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.
  5. 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 article and any orders, rules, or regulations promulgated pursuant thereto.

(Ga. L. 1979, p. 655, § 1; Code 1981, §10-2-20; Code 1981, §10-2-21, as redesignated by Ga. L. 1993, p. 811, § 1.)

Editor's notes.

- Ga. L. 1993, p. 811, § 1, effective July 1, 1993, renumbered former Code Section 10-2-21 as present Code Section 10-2-22.

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weights and Measures, § 40 et seq.

C.J.S.

- 94 C.J.S., Weights and Measures, § 25 et seq.


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