Bill Text: GA SB367 | 2011-2012 | Regular Session | Introduced

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Bill Title: Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2012-07-01 - Effective Date [SB367 Detail]

Download: Georgia-2011-SB367-Introduced.html

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12 LC 40 0060

Senate Bill 367

By: Senators Bulloch of the 11th, Ginn of the 47th, Wilkinson of the 50th, Miller of the 49th, Heath of the 31st and others

AS PASSED

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, so as to authorize the Commissioner to require persons incurring civil penalties to obtain a surety bond; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, is amended by revising paragraph (1) of subsection (h) as follows:

"(h)(1) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such civil penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether such civil penalties should be imposed in accordance with the applicable law; and where the imposition of such civil penalties is not provided for therein but violation of such law is punishable as a criminal offense, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether civil penalties in an amount not to exceed $1,000.00 per violation should be imposed. Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-12-92. The Commissioner may require any person to obtain a surety bond on the balance of a monetary penalty or suspended portion of a monetary penalty imposed on such person pursuant to a consent order or final decision from which no further review is taken or allowed. If any aggrieved or adversely affected party fails to follow the terms of such consent order or final decision, the Commissioner may commence and maintain an action against the principal and surety on the bond."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.