43-4B-19. Proceedings for violations of article.

Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest:#

1. (1)

   Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:#

   1. (A)

      Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter;#

   2. (B)

      Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or#

   3. (C)

      Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or#

2. (2)

   Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief:#

   1. (A)

      A temporary restraining order or a temporary or permanent injunction;#

   2. (B)

      A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter;#

   3. (C)

      A declaratory judgment;#

   4. (D)

      Restitution to any person or persons adversely affected by a defendant’s action in violation of this article or Article 1 of this chapter; or#

   5. (E)

      Other relief as the court deems just or reasonable.#

Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review.#

Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter.#