Civil Penalty for Violation; Hearing and Judicial Review; Disposition of Penalties

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  1. Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation.
  2. Whenever the director has reason to believe that any person has violated any provision of this chapter or any rules or regulations under this chapter or has failed or refused to comply with any final order issued under this chapter, he or she may, upon written notice, require a hearing before an administrative law judge appointed by the board to determine whether applicable civil penalties should be imposed. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and judicial review shall be conducted in accordance with subsection (c) of Code Section 12-2-2.
  3. All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury.

(Code 1981, §12-12-16, enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1996, p. 238, § 1.)


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