Cease and Desist Orders; Violations; Notice and Hearing; Judicial Review

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  2. Georgia Code
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  5. General Provisions
  6. Cease and Desist Orders; Violations; Notice and Hearing; Judicial Review

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  1. Notwithstanding any other provisions of the law to the contrary, upon the board determining that a person is violating the provisions of Code Section 43-4-14, 43-4-16, or 43-4-17, the board may issue a cease and desist order prohibiting the person from committing further violations and may impose a fine not to exceed $10,000.00 for each violation. In determining the fine amount to be imposed, the board shall consider the severity of the violation.
  2. For purposes of this Code section, each day a person is in violation of the provisions of Code Section 43-4-14, 43-4-16, or 43-4-17 shall constitute a separate violation.
  3. A determination by the board pursuant to subsection (a) of this Code section shall be made only after notice to such person is given and a hearing is held.
  4. Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board.
  5. Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

(Code 1981, §43-4-17.1, enacted by Ga. L. 1986, p. 434, § 2; Code 1981, §43-4-18, as redesignated by Ga. L. 2000, p. 1527, § 1; Ga. L. 2007, p. 350, § 3/SB 237.)

Editor's notes.

- Former Code Section 43-4-18, relating to termination of the State Board of Architects and based on Ga. L. 1982, p. 1019, §§ 1, 5; Ga. L. 1984, p. 448, § 4; and Ga. L. 1988, p. 313, § 1, was repealed by Ga. L. 1992, p. 3137, § 3, effective July 1, 1992.

Ga. L. 2007, p. 350, § 4, not codified by the General Assembly, provides that the amendment to this Code section shall apply to violations committed on or after May 24, 2007.

JUDICIAL DECISIONS

Cited in Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).


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