Actions by Commissioner if Chapter, Rule, or Order Violated

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  1. If the Commissioner believes, whether or not based upon an investigation conducted under Code Section 10-5A-20, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order issued under this chapter, the Commissioner may:
    1. Issue a cease and desist order;
    2. Issue an order imposing a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings; or
    3. Initiate any of the actions specified in subsection (b) of this Code section.
  2. The Commissioner may institute any of the following actions in the appropriate courts of this state or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
    1. A declaratory judgment;
    2. An action for a prohibitory or mandatory injunction to enjoin the violation of and to ensure compliance with this chapter or any rule or order of the Commissioner;
    3. An action for disgorgement; or
    4. An action for appointment of a receiver or conservator for the defendant or the defendant's assets.

(Code 1981, §10-5A-21, enacted by Ga. L. 1988, p. 1636, § 1.)


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