2010 Georgia Code
TITLE 10 - COMMERCE AND TRADE
CHAPTER 1 - SELLING AND OTHER TRADE PRACTICES
ARTICLE 21 - BUYING SERVICES
§ 10-1-604 - Civil penalty for violation; administrative hearing and review; judicial review; judgment on final order; remedy concurrent, alternative, and cumulative
. Civil penalty for violation; administrative hearing and review; judicial review; judgment on final order; remedy concurrent, alternative, and cumulative
(a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the administrator may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he determines, after a hearing, that any person has violated any provisions of this article or any rules, regulations, or orders promulgated under this article.
(b) 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 who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." All penalties recovered as provided in this Code section shall be paid into the state treasury.
(c) The administrator may file, in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, or in the superior court of the county in which the violation occurred, a certified copy of the final order of the administrator unappealed from or of a final order of the administrator affirmed upon appeal. Thereupon, the court shall render judgment in accordance therewith and shall 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 such court.
(d) 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 administrator with respect to any violation of this article and any order, rules, or regulations promulgated pursuant thereto.
Graham Syfert - Jacksonville Lawyer