Powers of Commissioner for Enforcement of Chapter, Rules, and Regulations Generally; Privileged Nature of Evidence Submitted to Commissioner

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Regulation of Blasting Operations Generally
  5. Powers of Commissioner for Enforcement of Chapter, Rules, and Regulations Generally; Privileged Nature of Evidence Submitted to Commissioner

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  1. Whenever it appears to the Commissioner, either upon investigation or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Commissioner promulgated or issued pursuant to this chapter or which is declared to be unlawful under this chapter, the Commissioner, in his discretion and if he deems it to be appropriate in the public interest or for the protection of the citizens of this state, may issue an order prohibiting the person from continuing the act, practice, or transaction.
  2. Other powers granted to the Commissioner for the enforcement of this chapter include, but are not limited to, the following:
    1. The Commissioner may institute actions or other legal proceedings in any superior court of proper venue. Thereupon, the superior court, among other appropriate relief, may issue injunctions restraining persons and those acting in active concert with them from engaging in acts prohibited by the Commissioner in the enforcement of this chapter;
    2. In addition to any other penalties provided in this chapter, the Commissioner shall have authority to place a licensee on probation for a period of time not to exceed one year or to impose a monetary fine of up to $1,000.00, or to do both, for each and every violation of this chapter or of the rules and regulations or orders of the Commissioner promulgated pursuant thereto; and
    3. The Commissioner or his designee shall have investigatorial powers and shall be empowered to subpoena witnesses and to examine them under oath.
  3. All testimony, documents, and other evidence required to be submitted to the Commissioner pursuant to this chapter shall be privileged.

(Ga. L. 1978, p. 1624, § 11.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 223 et seq., 468.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 323 et seq.

ALR.

- Liability for property damage by concussion from blasting, 20 A.L.R.2d 1372.

Absolute liability for blasting operations as extending to injury or damage not directly caused by debris or concussion from explosion, 56 A.L.R.3d 1017.


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