Imposition of Penalty Authorized in Lieu of Other Action; Funding to General Treasury

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  2. Georgia Code
  3. Agriculture
  4. Department of Agriculture
  5. Imposition of Penalty Authorized in Lieu of Other Action; Funding to General Treasury

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  1. In any proceeding before the Commissioner involving a license, certificate, or registration issued by the Commissioner or a violation of the laws administered and enforced by the Commissioner and the rules and regulations promulgated thereunder, after notice, hearing, and a determination by him or her as provided by law that there are sufficient grounds to revoke, suspend, or cancel the license, certificate, or registration involved or to take any other action authorized by law in regard to the violation in question, the Commissioner may impose a reasonable penalty for each offense in lieu of a revocation, suspension, cancellation, or other authorized action. Except as provided in subsection (b) of this Code section, such a penalty shall be imposed only with the consent of the affected party; and except as provided in subsection (b) of this Code section, the amount of any such penalty shall not exceed $1,000.00.
  2. In any case subject to this Code section which involves a violation or attempted violation of Article 2 of Chapter 2 of Title 26, the "Georgia Food Act," the maximum penalty shall not exceed the greater of $1,000.00 or the amount of gain realized or sought to be realized through such violation, but in no event shall such penalty exceed $20,000.00; and in any case involving a violation or attempted violation of the "Georgia Food Act," the written consent of the person against whom the penalty is to be imposed shall not be required.
  3. Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-12-92.

(Ga. L. 1960, p. 245, § 1; Ga. L. 1985, p. 1444, § 1; Ga. L. 2000, p. 1300, § 1; Ga. L. 2003, p. 838, § 1; Ga. L. 2009, p. 446, § 2/SB 152; Ga. L. 2020, p. 493, § 2/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act,'" for "the 'Georgia Food Act,' Article 2 of Chapter 2 of Title 26," in the middle of subsection (b).


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