Enforcement; Cease and Desist Orders; License Revocation; Opportunity for Hearing; Penalty for Failure to Comply With Order; Authority to Bring Civil Action

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Regulation of Fireworks
  5. Enforcement; Cease and Desist Orders; License Revocation; Opportunity for Hearing; Penalty for Failure to Comply With Order; Authority to Bring Civil Action

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  1. Whenever the Safety Fire Commissioner shall have reason to believe that any person is or has been violating any provisions of this chapter, the Safety Fire Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the person an order to cease and desist such violation. An order issued under this Code section shall be delivered in accordance with the provisions of subsection (c) of this Code section.
  2. Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all licenses issued by the Safety Fire Commissioner for a period of not less than six months and not to exceed five years. If a new license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new license held by such person. In the case of an applicant for a license, violation of any provision of this title or regulations promulgated thereunder may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law.
  3. Any order issued by the Safety Fire Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which shall provide that a hearing will be held if and only if a person subject to the order requests a hearing in writing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Safety Fire Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law.
  4. In addition to other powers granted to the Safety Fire Commissioner under this chapter, the Safety Fire Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Safety Fire Commissioner under this chapter.

(Code 1981, §25-10-11, enacted by Ga. L. 2016, p. 64, § 12/HB 727.)

Law reviews.

- For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).


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