Bill Text: GA SB367 | 2011-2012 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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 SENATE
A
BILL TO BE ENTITLED
AN ACT
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.
