19-13-17
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19-13-17.
As
an alternative to criminal or other civil enforcement, the commissioner or his
or her designee, in order to enforce this article or any orders, rules, or
regulations promulgated pursuant to this article, may issue an administrative
fine not to exceed $1,000.00 for each violation, whenever that commissioner or
his or her designee, after a hearing, determines that any person, firm, or
corporation has violated any provision of this article or any order, rule, or
regulation promulgated pursuant to this article. The hearing and any
administrative review thereof shall be conducted in accordance with the
procedures for contested cases under Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' Any person, firm, or corporation that has
exhausted all administrative remedies available and that is aggrieved or
adversely affected by a final order or action of the commissioner or his or her
designee shall have the right of judicial review in accordance with Chapter 13
of Title 50. All fines collected or recovered by the commissioner under this
Code section shall be remitted to the Office of Treasury and Fiscal Services to
the credit of the general fund of this state. The commissioner or his or her
designee 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 or his or her designee, whether unappealed from or affirmed upon
appeal, whereupon the court shall render judgment in accordance with the
judgment and notify the parties. The 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 or his or her designee with respect to any violation of this
article or any order, rule, or regulation promulgated pursuant to this
article.