43-12A-9 (2019)
Rules and regulations
(a) The commissioner is authorized to prescribe, by rule, standards for the eligibility, conduct, and equipment required for a person to be licensed to operate a provider center and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.
(b) The commissioner shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any provider center, agent, or employee that fails to comply with any requirement imposed by or pursuant to this chapter.
(c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file in the superior court:
(1) Wherein the person under order resides;
(2) If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or
(3) In the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter.
History
Code 1981, § 43-12A-9, enacted by Ga. L. 2006, p. 439, § 1/HB 276.
CHAPTER 13 INSTRUCTORS IN DRIVER TRAINING AND OPERATORS OF DRIVER TRAINING SCHOOLS Sec.
Short title. Definitions. License requirement. Qualifications of driver training school operators. Business names of driver training schools and commercial driver training schools. Qualifications of driver training school instructors. Issuance of licenses to qualified applicants; expiration and renewal of licenses. Special licenses for driver training school instructors qualified to teach alcohol and drug course.
Annotations
Cross references. Driver education course accepted for Carnegie unit elective credits, § 20-2151.2. Reduction in insurance premiums for completing and availability of driving courses, § 33-9-42.
Sec.
License to teach defensive driving course; license to serve as driver’s license examiner. Cancellation, suspension, revocation, or nonrenewal of licenses. Notification in change of ownership for driver training school and other related programs. Rules and regulations; penalties; judicial review; judgments. Disposition of funds. Exceptions to operation of chapter. Penalty.
Drivers’ licenses generally, T. 40, C. 5. Restoration of licenses to persons completing defensive driving course or alcohol or drug program, § 40-5-80 et seq.
JUDICIAL DECISIONS Valid purpose. - Purpose of Ga. L. 1968, p. 436 (see now O.C.G.A. Ch. 13, T. 43), to improve quality of driving instruction received by prospective drivers in the State of Georgia and to protect the public
from unqualified commercial driving programs, is clearly a legitimate and appropriate exercise of the state’s police power. Milner v. Burson, 320 F. Supp. 706, 1970 U.S. Dist. LEXIS 9046 (N.D. Ga. 1970).
OPINIONS OF THE ATTORNEY GENERAL Persons and businesses which must comply with law. - Person or business entity must comply with this chapter if such person or business entity gives instructions for hire and those instructions prepare an applicant for license examination required for a class three, four, or five license. 1974 Op. Att’y Gen. No. 74-101. Fact that student holds permit to
drive does not exempt instructor. - Fact that student holds a permit allowing the student to drive vehicles encompassed within the three, four, and five license classes does not exempt instructing person or business entity from requirements of law if such instructing person or business entity offers instructions which aid the applicant in passing the license ex-
amination required for a class three, four, or five license. 1974 Op. Att’y Gen. No. 74-101. Business instructing licensed drivers is not subject to provisions of law. - Corporation engaged in business of giving instruction for hire in driving motor vehicles to persons who are already licensed to drive is not subject to provisions of this chapter. 1972 Op. Att’y Gen. No. 72-135.
School’s vehicles not subject to inspection more than once a year. - Department of Public Safety is not authorized to inspect a school’s vehicles more often than annual safety inspection. 1968 Op. Att’y Gen. No. 68-278. Administrative Procedure Act applies when applicant is denied a license for school or instructor’s permit. 1968 Op. Att’y Gen. No. 68-278.
RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq. C.J.S. 15 C.J.S., Commerce, §§ 9 et seq., 83 et
seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 14441448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.