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2006 Georgia Code - 2-9-6
2-9-6. (a) Any person claiming that he or she has been
damaged by a breach of the conditions of a bond given by a licensee
as provided in Code Section 2-9-5 may enter a complaint to the
Commissioner. Such complaint shall be a written statement of the
facts constituting the complaint and must be made within 180 days
of the alleged breach. If the Commissioner determines that the
complaint is prima facie a breach of the bond, and the matter can
not be amicably resolved within 15 days, the Commissioner shall
publish a solicitation for additional complaints regarding breaches
of the bond for a period of not less than five consecutive issues
in a newspaper of general circulation and in such other
publications as the Commissioner shall prescribe. Additional
complaints must be filed within 60 days following initial public
notification of a breach of the bond. Civil actions on the breach
of such bond shall not be commenced less than 120 days nor more
than 547 days from the initial date of public notification of such
breach of the bond. (b) Upon
the filing of such complaint in the manner provided in this Code
section, the Commissioner shall investigate the charges made and at
his discretion order a hearing before him, giving the party
complained of notice of the filing of such complaint and the time
and place of such hearing. At the conclusion of the hearing the
Commissioner shall report his findings and render his conclusion
upon the matter complained of to the complainant and respondent in
each case, who shall have 15 days thereafter in which to make
effective and satisfy the Commissioner´s conclusions.
(c) If such settlement is not
effected within such time, the Commissioner or the producer may
bring an action to enforce the claim. If the producer is not
satisfied with the ruling of the Commissioner, he may commence and
maintain an action against the principal and surety on the bond of
the parties complained of as in any civil action.
(d) If the bond or collateral posted
is insufficient to pay in full the valid claims of producers, the
Commissioner may direct that the proceeds of such bond shall be
divided pro rata among such producers.
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