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Call Now: 904-383-7448The director of the division may file in the superior court of the county wherein the mining operator under order resides, or if such mining operator is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order issued pursuant to this part which is unappealed from, or of a final order issued pursuant to this part which is affirmed upon appeal, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court.
(Ga. L. 1976, p. 527, § 7.)
- Although Ga. L. 1968, p. 9 (see O.C.G.A. Pt. 3, Art. 2, Ch. 4, T. 12) and the regulations issued thereunder give the Environmental Protection Division a limited power to bring lawsuits, the director is not authorized to sue in the director's own name. Moreover, former Code 1933, § 43-1406 (see O.C.G.A. § 12-4-75) provides that bonds be made payable to the Governor, and that the Governor must sue to enforce the bonds. Thus, the division is merely the alter ego of the state. Busbee v. Continental Ins. Co., 526 F. Supp. 1243 (N.D. Ga. 1981).
- 2 Am. Jur. 2d, Administrative Law, § 374.
- 73A C.J.S., Public Administrative Law and Procedure, § 284 et seq.
No results found for Georgia Code 12-4-81.