Penalties; Notice

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  6. Penalties; Notice

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  1. Any person who violates the provisions of Code Section 20-1A-10 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that person's official duties in making inspections or in investigating complaints as provided in such Code section shall be guilty of a misdemeanor.
    1. Any person, license holder, commission holder, or permit holder who:
      1. Violates any licensing, commissioning, or permitting provision of this chapter or any rule, regulation, or order issued under this chapter or any term, condition, or limitation of any license, commission, or permit issued under this chapter thereby subjecting a child in care to injury or a life-threatening situation; or
      2. Commits any violation for which a license, commission, or permit may be revoked under rules or regulations issued pursuant to this chapter

        may be subject to a civil penalty, to be imposed by the department, not to exceed $500.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.

    2. Whenever the department proposes to subject a person, license holder, commission holder, or permit holder to the imposition of a civil penalty under this subsection, it shall notify such person, license holder, commission holder, or permit holder in writing:
      1. Setting forth the date, facts, and nature of each act or omission with which the person, license holder, commission holder, or permit holder is charged;
      2. Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, or license, commission, or permit requirement involved in the violation; and
      3. Advising of each penalty which the department proposes to impose and its amount.

        Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the department to the last known address of such person, license holder, commission holder, or permit holder. The person, license holder, commission holder, or permit holder so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person, license holder, commission holder, or permit holder that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person, license holder, commission holder, or permit holder upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

    3. A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the department, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection.
    4. All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.

(Code 1981, §20-1A-11, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2012, p. 775, § 20/HB 942; Ga. L. 2015, p. 965, § 1/HB 401.)

The 2015 amendment, effective January 1, 2016, deleted "as provided in such Code section" following "inspections" in the middle of subsection (a); in paragraph (b)(1), inserted ", license holder, commission holder, or permit holder" in the introductory language, in subparagraph (b)(1)(A), substituted "permitting" for "registration" and substituted "permit issued" for "registration certificate", and, in subparagraph (b)(1)(B), substituted "permit" for "registration certificate"; in paragraph (b)(2), twice inserted ", license holder, commission holder, or permit holder" in the introductory language, in subparagraph (b)(2)(A), inserted ", license holder, commission holder, or permit holder", and, in subparagraph (b)(2)(B), inserted "or" near the middle and substituted "permit requirement" for "registration certificate"; and inserted ", license holder, commission holder, or permit holder" throughout the ending undesignated paragraph of subsection (b).


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