---
title: O.C.G.A. § 45-10-28. Penalties for violation of part; civil actions by Attorney General to collect penalties; violations by public official, agency head, or employee.
collection: code
id: 45-10-28
cite_as: O.C.G.A. § 45-10-28 (2025)
canonical_url: https://georgiacommons.org/code/45-10-28
md_url: https://georgiacommons.org/code/45-10-28.md
text_url: https://georgiacommons.org/code/45-10-28/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=259
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / CODES OF ETHICS AND CONFLICTS OF INTEREST / CONFLICTS OF INTEREST / GENERAL PROVISIONS
---

# O.C.G.A. § 45-10-28. Penalties for violation of part; civil actions by Attorney General to collect penalties; violations by public official, agency head, or employee.

(a)(1) Any appointed public official or employee who violates Code Section 45-10-22, 45-10-23, 45-10-24, 45-10-26, or 45-10-29 shall be subject to:

(A) Removal from office or employment;

(B) A civil fine not to exceed $10,000.00; and

(C) Restitution to the state of any pecuniary benefit received as a result of such violation.

(2) Any elected public official who violates Code Section 45-10-22, 45-10-23, 45-10-24, 45-10-26, or 45-10-29 shall be subject to:

(A) A civil fine not to exceed $10,000.00; and

(B) Restitution to the state of any pecuniary benefit received as a result of such violation.

(3) Any business which violates Code Section 45-10-22, 45-10-23, 45-10-24, 45-10-26, or 45-10-29 shall be subject to:

(A) A civil fine not to exceed $10,000.00; and

(B) Restitution to the state of any pecuniary benefit received as a result of such violation.

(b) The penalties provided for in subsection (a) of this Code section may be imposed in any civil action brought for that purpose, and such actions shall be brought by the Attorney General.

(c) As used in this subsection, the term ‘‘agency head’’ shall have the same meaning as set forth in Code Section 50-36-1. Any public official, agency head, or employee who violates Code Section 13-10-91 or 50-36-1 shall be subject to:

(1) A civil fine not to exceed $10,000.00;

(2) Restitution to the state or local government, whichever is applicable, of any pecuniary benefit received as a result of such violation; and

(3) Where such violation is committed knowingly and intentionally, removal from office or employment.

## History

Code 1981, § 45-10-28, enacted by Ga. L. 1983, p. 1326, § 1; Ga. L. 2011, p. 449, § 10/HB 413; Ga. L. 2011, p. 794, § 15/HB 87; Ga. L. 2012, p. 775, § 45/HB 942.

## Editor's Notes

Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Illegal Immigration Reform and Enforcement Act of 2011.’’’

Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides for severability, and provides in part, that: ‘‘(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.

‘‘(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights.’’

Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that the amendment to this Code section by that Act shall apply to offenses and violations occurring on or after July 1, 2011.

## Law Reviews

For article, ‘‘State Government: Illegal Immigration Reform and Enforcement Act of 2011,’’ see 28 Ga. St. U.L. Rev. 51 (2011).