Georgia § 2-12-50 - Notice and prosecution of violations; hearings; penalty.

§ 2-12-50. Notice and prosecution of violations; hearings; penalty.

If it appears to the Commissioner or the Commissioner's agents that this article or the rules and regulations issued under this article have been violated, the Commissioner shall cause notice of the violation to be given to the licensee, distributor, or person responsible; and the persons notified shall be given an opportunity to be heard in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." If it appears after such hearing that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the court having jurisdiction for prosecution as a misdemeanor or other appropriate action. Except as otherwise provided in this Code section, any person violating any provision of this article or regulation adopted pursuant to this article shall be guilty of a misdemeanor. Nothing in this article shall be construed as requiring the Commissioner to report a violation of this article for prosecution or for the institution of seizure proceedings when the Commissioner believes that the public interest will best be served by other methods. Any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each such violation shall constitute a separate offense. Any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $25,000.00 per violation. For the second or any subsequent offense, any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $50,000.00 per violation. (Code 1981, § 2-12-50 , enacted by Ga. L. 1996, p. 1183, § 1; Ga. L. 2020, p. 364, § 6/HB 1057.) The 2020 amendment, effective January 1, 2021, rewrote subsection (b), which read: "Any person violating any provision of this article shall be guilty of a misdemeanor."; and added subsections (d) and (e).