Georgia Code
Part 2 - Fair Business Practices Act
§ 10-1-398. Stay of Cease and Desist Order; Hearing

History. Code 1981, § 10-1-398 , enacted by Ga. L. 1988, p. 1659, § 2; Ga. L. 2000, p. 1589, § 4; Ga. L. 2015, p. 1088, § 2/SB 148; Ga. L. 2017, p. 774, § 10/HB 323.
The 2015 amendment, effective July 1, 2015, substituted “Attorney General” for “administrator” throughout this Code section; inserted “or his or her designated representative” near the end of the introductory language of subsection (b); substituted the present provisions of subsection (d) for the former provisions, which read: “In the case of any hearing conducted under this Code section, the administrator may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are in this Code section granted to the administrator. The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the administrator may require.”; in subsection (e), substituted “Attorney General” for “administrator or referee authorized to hold a hearing” near the beginning of the introductory paragraph, and deleted “or the referee” following “the agency” at the end of paragraph (e)(8); and inserted “or her” in paragraphs (i)(1) and (i)(2).
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “him or her” for “him” in the middle of the first sentence of subsection (a), substituted “he or she” for “he” in the first sentence of the introductory paragraph of subsection (b), and substituted “he or she” for “he” three times in the introductory paragraph of subsection (i).
Editor’s notes.
Ga. L. 1988, p. 1659, § 2, effective July 1, 1988, repealed former Code Section 10-1-398, as enacted by Ga. L. 1975, p. 376, § 9, relating to actions by the administrator for damages, and enacted the current Code section.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Structure Georgia Code

Georgia Code

Title 10 - Commerce and Trade

Chapter 1 - Selling and Other Trade Practices

Article 15 - Deceptive or Unfair Practices

Part 2 - Fair Business Practices Act

§ 10-1-390. Short Title

§ 10-1-391. Purpose and Construction of Part

§ 10-1-392. Definitions; When Intentional Violation Occurs

§ 10-1-393. Unfair or Deceptive Practices in Consumer Transactions Unlawful; Examples

§ 10-1-393.1. Office Supply Transactions; Solicitations for Telephone Directory Listings

§ 10-1-393.2. Requirements for Health Spas

§ 10-1-393.3. Prohibited Use of Purchaser’s Credit Card Information by Merchant

§ 10-1-393.4. Pricing Practices During State of Emergency

§ 10-1-393.5. Telemarketing, Computer Activities, and Home Repair or Improvement Work; Certain Prohibitions; Offenses

§ 10-1-393.6. Unlawful Telemarketing Transactions; Criminal Penalty

§ 10-1-393.7. Solicitation During Final Illness; Penalty

§ 10-1-393.8. Protection From Disclosure of an Individual’s Social Security Number

§ 10-1-393.9. Registration of Private Child Support Collectors; Surety Bond or Alternative

§ 10-1-393.10. Filing Contracts for Child Support Collection; Requirements for Contracts; Role of Collector; Cancellation of Contract; Forwarding of Payments

§ 10-1-393.11. Display of Disclosure Statement Concerning Kosher Foods; Required Information; Exception

§ 10-1-393.12. Contract With Residential Roofing Contractor; Definitions

§ 10-1-393.13. Oversight by Attorney General of Certain Telemarketing Practices; Definitions; Conduct by Telephone Solicitors; Class Actions

§ 10-1-393.14. Consumer Report for Employment Purposes

§ 10-1-393.15. Instrument Conveying Real Estate Defined; Required Notice for Solicitation for Services; Penalties

§ 10-1-393.16. Written Solicitations Relating to Corporate Filings, Employment or Labor Posters, or Notices; Definition; Penalty for Noncompliance

§ 10-1-393.17. Protections for Vocal or Instrumental Rights; Advertisements, Performances, or Productions

§ 10-1-394. Adoption of Rules, Regulations, and Standards Prohibiting Unfair or Deceptive Practices; Application of Chapter 13 of Title 50

§ 10-1-395. Authority and Duties of Attorney General; Consumer Advisory Board; Relations With Other Regulatory Agencies

§ 10-1-396. Acts Exempt From Part

§ 10-1-397. Cease and Desist Orders; Civil Penalty; Judicial Relief; Receivers

§ 10-1-397.1. Initiation or Intervention by Attorney General

§ 10-1-398. Stay of Cease and Desist Order; Hearing

§ 10-1-398.1. Judicial Review

§ 10-1-399. Civil or Equitable Remedies by Individuals

§ 10-1-400. Limitation on Recovery in Case of Bona Fide Error

§ 10-1-401. Limitation of Actions; Right to Set Off Damages or Penalties Not Limited

§ 10-1-402. Assurances of Voluntary Compliance

§ 10-1-403. Investigations; Demands for Evidence

§ 10-1-404. Attorney General’s Subpoena and Hearing Powers; Procedural Rules; Court Enforcement Orders; Self-Incrimination; Confidentiality

§ 10-1-405. Civil Penalties; Individual Liability

§ 10-1-406. Duty of Prosecuting Attorneys

§ 10-1-407. Part Not Exclusive

§ 10-1-408. Continuing Validity of Previously Adopted Rules, Orders, Actions, and Regulations