Issuance of Cease and Desist Orders; Issuance of Orders Providing for Other Relief; Change in Orders; Date on Which Orders Appealable

  1. Law
  2. Georgia Code
  3. Insurance
  4. Unfair Trade Practices
  5. General Provisions
  6. Issuance of Cease and Desist Orders; Issuance of Orders Providing for Other Relief; Change in Orders; Date on Which Orders Appealable

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  1. If, after the hearing provided for in Code Section 33-6-7, the Commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, he shall reduce his findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of the findings and an order requiring such person to cease and desist from engaging in the method of competition, act, or practice; and, if the act or practice is a violation of Code Sections 33-6-4 and 33-6-5, the Commissioner may at his discretion order any one or more of the following:
    1. Payment of a monetary penalty of not more than $1,000.00 for each and every act or violation, unless the person knew or reasonably should have known he was in violation of this article, in which case the penalty shall be not more than $5,000.00 for each and every act or violation;
    2. Suspension or revocation of the person's license, if he knew or reasonably should have known he was in violation of this article; or
    3. Any other relief as is reasonable and appropriate.
  2. The Commissioner may at any time before the serving of notice of appeal upon him, as provided for in Code Section 33-6-11, or after the expiration of the time allowed by law for the serving of the notice, if no notice has been thus served, amend or set aside in whole or in part any order issued by him under this Code section whenever in his opinion the facts and circumstances surrounding the case have so changed as to require the action or if the public interest shall so require. No change of an order in a manner unfavorable to the person charged or to the parties at interest shall be made except after notice and opportunity for hearing. The date of the Commissioner's last order shall be the point of time from which it may be reviewed by appeal.

(Code 1933, § 56-707, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 1261, §§ 2, 3; Ga. L. 1992, p. 3048, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 22 et seq.

ALR.

- Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.


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