O.C.G.A.

O.C.G.A. § 25-15-31 (2019)

Civil penalties for violations; authority of Commissioner to bring civil action

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Except as provided for in subsection (a) of Code Section 25-15-25, any person who violates any provision of this article or any rule, regulation, or order issued by the Commissioner under this article shall, after notice and hearing, be subject to a civil penalty imposed by the Commissioner of not more than $5,000.00. The imposition of a penalty for a violation of this article shall not be construed as excusing the violation or permitting it to continue. The Commissioner shall promulgate rules and regulations for the implementation of this subsection.

(b) In addition to other powers granted to the Commissioner under this article, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this article.

History

Code 1981, § 25-15-31, enacted by Ga. L. 2018, p. 729, § 1/SB 353. Administrative rules and regulations. Notice of Hearing and Penalties, Offi-

cial Compilation of the Rules and Regulations of the State of Georgia, Rules of Safety Fire Commissioner, Rules and Regulations for Boilers and Pressure Valves, Rule 120-3-26-.20.

ARTICLE 3 AMUSEMENT RIDE SAFETY

Annotations

Editor’s notes. Ga. L. 2012, p. 1144, § 3/SB 446, redesignated Chapter 12 of Title 34 (Code Sections 34-12-1 through 34-12-3 and 34-12-5 through 34-12-21) as this article. Administrative rules and regulations. Rules and Regulations for Amusement

Ride Safety, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Commissioner of Insurance, Safety Fire Commissioner, and Industrial Loan Commissioner, Rules of Safety Fire Commissioner, Rule 120-3-27.01 et seq.

RESEARCH REFERENCES Am. Jur. 2d. 27A Am. Jur. 2d, Entertainment and Sports Law, § 4 et seq. 42 Am. Jur. 2d, Inspection Laws, § 1 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. Am. Jur. Proof of Facts. Dangerous or Defective Amusement Ride, 25 POF2d 613. C.J.S. 53 C.J.S., Licenses, § 1 et seq.

ALR. Products liability: mechanical amusement rides and devices, 77 A.L.R.4th 1152. Liability for injury to customer or patron from amusement device maintained by store or shopping center for use by customers, 40 A.L.R.5th 807.