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1650 Margaret St, Ste. 302, PMB#264
Jacksonville, FL 32204
Phone: 904-383-7448
E-mail: graham@syfert.com
Fax: 904-638-4726
One Click Case Law for § 44-12-264
O.C.G.A. § 44-12-263
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O.C.G.A. §44-12-280
2010 Georgia Code
TITLE 44 - PROPERTY
CHAPTER 12 - RIGHTS IN PERSONALTY
ARTICLE 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS
PART 1 - AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS
§ 44-12-264 - Penalties for violation of Code Sections 44-12-261 and 44-12-262>
O.C.G.A. 44-12-264 (2010)
44-12-264. Penalties for violation of Code Sections 44-12-261 and 44-12-262
(a) Any museum which fails to comply with the provisions of Code Section 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the council. The amount of such penalty shall be based upon:
(1) The archeological, historical, or commercial value of the item involved;
(2) The damages suffered, both economic and noneconomic, by an aggrieved party; and
(3) The number of violations that have occurred
but in no event shall the aggregate amount of such civil penalty exceed $5,000.00.
(b) Whenever the council proposes to subject a person to the imposition of a civil penalty under this Code section, the council shall notify such person in writing:
(1) Setting forth the date, facts, and nature of each act or omission with which the person is charged;
(2) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and
(3) Advising of each penalty which the council proposes to impose and its amount.
Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the council to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the council shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the council, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the council, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this Code section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection.
(d) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.
Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726
graham@syfert.com