Georgia § 44-12-264 - Penalties for violation of Code Sections 44-12-261 and 44-12-262.

§ 44-12-264. Penalties for violation of Code Sections 44-12-261 and 44-12-262.

Any museum which fails to comply with the provisions of Code Section 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the council. The amount of such penalty shall be based upon: The archeological, historical, or commercial value of the item involved; The damages suffered, both economic and noneconomic, by an aggrieved party; and The number of violations that have occurred but in no event shall the aggregate amount of such civil penalty exceed $5,000.00. Whenever the council proposes to subject a person to the imposition of a civil penalty under this Code section, the council shall notify such person in writing: Setting forth the date, facts, and nature of each act or omission with which the person is charged; Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and Advising of each penalty which the council proposes to impose and its amount. Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the council to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the council shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the council, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the council, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this Code section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection. All moneys collected from civil penalties shall be paid to the state for deposit in the general fund. (Code 1981, § 44-12-264 , enacted by Ga. L. 1992, p. 1790, § 6; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 632, § 1.) The 2000 amendment, effective July 1, 2000, substituted "certified mail or statutory overnight delivery" for "certified mail" in the first sentence in the last undesignated paragraph of subsection (b). The 2002 amendment, effective July 1, 2002, substituted "council" for "Secretary of State" throughout this Code section and substituted "the council" for "he" in the introductory language of subsection (b). Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the Act is applicable with respect to notices delivered on or after July 1, 2000.