may be subject to a civil penalty, to be imposed by the department, not to exceed $500.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.
Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the department to the last known address of such person, license holder, commission holder, or permit holder. The person, license holder, commission holder, or permit holder so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person, license holder, commission holder, or permit holder that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person, license holder, commission holder, or permit holder upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
History. Code 1981, § 20-1A-11 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2012, p. 775, § 20/HB 942; Ga. L. 2015, p. 965, § 1/HB 401.
The 2015 amendment, effective January 1, 2016, deleted “as provided in such Code section” following “inspections” in the middle of subsection (a); in paragraph (b)(1), inserted “, license holder, commission holder, or permit holder” in the introductory language, in subparagraph (b)(1)(A), substituted “permitting” for “registration” and substituted “permit issued” for “registration certificate”, and, in subparagraph (b)(1)(B), substituted “permit” for “registration certificate”; in paragraph (b)(2), twice inserted “, license holder, commission holder, or permit holder” in the introductory language, in subparagraph (b)(2)(A), inserted “, license holder, commission holder, or permit holder”, and, in subparagraph (b)(2)(B), inserted “or” near the middle and substituted “permit requirement” for “registration certificate”; and inserted “, license holder, commission holder, or permit holder” throughout the ending undesignated paragraph of subsection (b).
Structure Georgia Code
Chapter 1A - Early Care and Learning
Article 1 - General Provisions
§ 20-1A-3. Commissioner; Board; Duties and Powers; Salary; Personnel; Rules and Regulations
§ 20-1A-5. Impact of Transfer of Operations on Individuals
§ 20-1A-6. Department to Succeed to Applicable Rules and Regulations
§ 20-1A-7. Pre-Kindergarten Name Change Required in Publications, Posters, Banners, and Signs
§ 20-1A-8. Transfer of Functions, Powers, Personnel, Equipment, and Assets to Department; Funding
§ 20-1A-10. Regulation of Early Care and Education Programs
§ 20-1A-10.1. Determination of Payments and Eligibility
§ 20-1A-14. Variances and Waivers to Regulatory Requirements
§ 20-1A-15. Issuance of Inspection Warrants; Evidence Generated Inadmissible in Criminal Proceedings
§ 20-1A-16. Coordination of Efforts Between Departments and Agencies
§ 20-1A-17. Transfer of Programs From Department of Education