O.C.G.A.

O.C.G.A. § 33-40-17 (2019)

Enforcement

✓ 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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The Commissioner is authorized to make use of any of the powers established under this title to enforce the laws of this state so long as those powers are not specifically preempted by the federal Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This includes, but is not limited to, the Commissioner’s administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the Commissioner can rely on the procedural law and regulations of this state. The injunctive authority of the Commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.

History

Code 1981, § 33-40-17, enacted by Ga. L. 1987, p. 875, § 1.

Annotations

RESEARCH REFERENCES ALR. - Construction and application of federal Product Liability Risk Retention Act of 1981, and amending Liability

Risk Retention Act of 1996, 15 U.S.C.A. §§ 3901 et seq., 11 A.L.R. Fed. 3d 3.