Rules and Regulations; Penalties; Judicial Review; Judgments

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Instructors in Driver Training and Operators of Driver Training Schools
  5. Rules and Regulations; Penalties; Judicial Review; Judgments

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  1. The commissioner of driver services is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and commercial driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.
  2. The commissioner of the department shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any driver training school or commercial driver training school that fails to comply with any requirement imposed by or pursuant to this chapter.
  3. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file, in the superior court:
    1. Wherein the person under order resides;
    2. If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or
    3. In the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties.

      Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter.

(Ga. L. 1968, p. 436, § 6; Ga. L. 2000, p. 951, § 12-9; Ga. L. 2003, p. 796, § 17; Ga. L. 2005, p. 334, § 25-2/HB 501.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2003, "Wherein" was substituted for "wherein" in paragraph (c)(1), "If" was substituted for "if" in paragraph (c)(2), and "In" was substituted for "in" in paragraph (c)(3).

JUDICIAL DECISIONS

Cited in Milner v. Burson, 470 F.2d 870 (5th Cir. 1972).

OPINIONS OF THE ATTORNEY GENERAL

Department's authority to regulate subject matter of instruction.

- Department of Public Safety may set reasonable standards and regulate subject matter to be taught in course of instruction offered by commercial driver training school. 1968 Op. Att'y Gen. No. 68-278.


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