Cease and Desist Order Against Violators; Penalty for Violations; Order Requiring Compliance; Revocation of Certificate for Failure to Comply With Order; Civil Actions

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  1. Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the individual an order to cease and desist such violation. An order issued under this Code section may be delivered in accordance with the provisions of subsection (d) 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 certificates and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new certificate or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new certificates and licenses held by such person. In the case of an applicant for a license, certificate, or permit, 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 person who violates any provision of this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $5,000.00 for a third or subsequent offense. Prior to subjecting any person or entity to a fine under this subsection, the Commissioner or his or her agent shall give written notice to the person or entity by hand delivery or by registered or certified mail or statutory overnight delivery, return receipt requested, of the existence of the violations. After a reasonable period of time after notice is given, an order may be issued based on this Code section. Such order must be delivered in accordance with the provisions of subsection (d) of this Code section and must notify the person or entity of the right to a hearing with respect to same.
  4. Any order issued by the Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the 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.
  5. In addition to other powers granted to the Commissioner under this chapter, the 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 Commissioner under this chapter.

(Code 1981, §25-11-10, enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1989, p. 1124, § 2; Code 1981, §25-11-16, as redesignated by Ga. L. 1997, p. 1698, § 1; Ga. L. 1998, p. 128, § 25; Ga. L. 2000, p. 1589, § 3; Ga. L. 2014, p. 385, § 1/SB 325.)

The 2014 amendment, effective July 1, 2014, added the last sentence in subsection (a); added the next to the last sentence in subsection (b); in subsection (c), in the first sentence, inserted "any provision" near the beginning and deleted "for each day a violation persists after such person is notified of the Commissioner's intent to impose such penalty and the right to a hearing with respect to same" from the end, and added the last three sentences; inserted "issued by the Commissioner under this chapter" near the beginning of the first sentence of subsection (d); and added subsection (e).

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (d) is applicable with respect to notices delivered on or after July 1, 2000.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting of offenders.

- Offense covered by O.C.G.A. § 25-11-16(d) is not currently designated as an offense requiring fingerprinting. 1997 Op. Att'y Gen. No. 97-330.


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