O.C.G.A.

O.C.G.A. § 40-1-129 (2019)

Fines for violating certificate requirement; advertising services without certificate prohibited

✓ 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) Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the department or is holding itself out as such a carrier without such a certificate in violation of this part, the department may impose a fine of not more than $5,000.00 for each violation. The department may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the department. The department may also assess interest at the rate specified in Code Section 40-1-56 on any fine or assessment imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the department shall be paid into the general fund of the state treasury. Any party aggrieved by a decision of the department under this subsection may seek judicial review as provided in Code Section (b) Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the department is guilty of a misdemeanor. Any fine or assessment imposed by the department pursuant to the provisions of subsection (a) of this Code section shall

IDENTIFICATION & REGULATION

not bar criminal prosecution pursuant to the provisions of this subsection.

History

Code 1981, § 40-1-129, enacted by Ga.

L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting not required. - Misdemeanor offenses arising under O.C.G.A. § 40-1-129 are offenses for

which those charged are not to be fingerprinted. 2012 Op. Att’y Gen. No. 12-6.