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03 SB14/AP
Senate Bill
14
By: Senator Smith of the 25th
AS PASSED
By: Senator Smith of the 25th
AS PASSED
AN ACT
To amend Chapter 2 of Title 2 of the Official Code of
Georgia Annotated, relating to the Department of Agriculture, so as to change
certain provisions relating to authorized imposition of penalties in lieu of
other actions in proceedings before the Commissioner; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 2 of the Official Code of Georgia
Annotated, relating to the Department of Agriculture, is amended by striking
Code Section 2-2-10, relating to authorized imposition of penalties in lieu of
other actions in proceedings before the Commissioner, and inserting in lieu
thereof the
following:
“2-2-10.
(a) In any proceeding before the Commissioner involving a license, certificate, or registration issued by the Commissioner or a violation of the laws administered and enforced by the Commissioner and the rules and regulations promulgated thereunder, after notice, hearing, and a determination by him or her as provided by law that there are sufficient grounds to revoke, suspend, or cancel the license, certificate, or registration involved or to take any other action authorized by law in regard to the violation in question, the Commissioner may impose a reasonable penalty for each offense in lieu of a revocation, suspension, cancellation, or other authorized action. Except as provided in subsection (b) of this Code section, such a penalty shall be imposed only with the consent of the affected party; and except as provided in subsection (b) of this Code section, the amount of any such penalty shall not exceed $1,000.00.
(b) In any case subject to this Code section which involves a violation or attempted violation of the 'Georgia Food Act,' Article 2 of Chapter 2 of Title 26, the maximum penalty shall not exceed the greater of $1,000.00 or the amount of gain realized or sought to be realized through such violation, but in no event shall such penalty exceed $20,000.00; and in any case involving a violation or attempted violation of the 'Georgia Food Act,' the written consent of the person against whom the penalty is to be imposed shall not be required.”
“2-2-10.
(a) In any proceeding before the Commissioner involving a license, certificate, or registration issued by the Commissioner or a violation of the laws administered and enforced by the Commissioner and the rules and regulations promulgated thereunder, after notice, hearing, and a determination by him or her as provided by law that there are sufficient grounds to revoke, suspend, or cancel the license, certificate, or registration involved or to take any other action authorized by law in regard to the violation in question, the Commissioner may impose a reasonable penalty for each offense in lieu of a revocation, suspension, cancellation, or other authorized action. Except as provided in subsection (b) of this Code section, such a penalty shall be imposed only with the consent of the affected party; and except as provided in subsection (b) of this Code section, the amount of any such penalty shall not exceed $1,000.00.
(b) In any case subject to this Code section which involves a violation or attempted violation of the 'Georgia Food Act,' Article 2 of Chapter 2 of Title 26, the maximum penalty shall not exceed the greater of $1,000.00 or the amount of gain realized or sought to be realized through such violation, but in no event shall such penalty exceed $20,000.00; and in any case involving a violation or attempted violation of the 'Georgia Food Act,' the written consent of the person against whom the penalty is to be imposed shall not be required.”
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.