may be subject to a civil penalty, to be imposed by the Department of Natural Resources or the Department of Community Health, as is applicable, not to exceed $10,000.00. 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 of Community Health 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 Department of Community Health 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, if any, subsequently determined by the Department of Community Health, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may contest such action in an administrative hearing pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
History. Code 1933, § 88-1313, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1976, p. 1567, § 8; Code 1981, § 31-13-15 ; Ga. L. 1984, p. 1428, § 1; Code 1981, § 31-13-13 , as redesignated by Ga. L. 1990, p. 711, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2009, p. 453, § 1-4/HB 228.
Editor’s notes.
Ga. L. 1990, p. 711, § 1, repealed former Code Section 31-13-13, concerning penalties, which was based on Ga. L. 1976, p. 1567, § 8, and redesignated former Code Section 31-13-15 as present Code Section 31-13-13.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that subparagraph (b)(2)(C) of this Code section was applicable to notices delivered on or after July 1, 2000.
Structure Georgia Code
Chapter 13 - Radiation Control
§ 31-13-2. Declaration of Policy
§ 31-13-4. Administration of State-Wide Radiation Control Program for Radiation Generating Equipment
§ 31-13-4.1. Administration of State-Wide Radiation Control Program for Radioactive Materials
§ 31-13-7. Permits for Disposal of Radioactive Waste; Bonding of Permittees
§ 31-13-8.2. Licensing of Diagnostic and Therapeutic Medical Uses of Radioactive Materials
§ 31-13-9. Records of Use of Radiation Sources and Exposure of Employees to Radiation
§ 31-13-11. Impounding and Condemnation of Radiation Generating Equipment and Radioactive Materials
§ 31-13-14. Inspections and Investigations
§ 31-13-15. Investigation of Apparent Violations; Initiation of Legal Proceedings
§ 31-13-17. Declaration of Existence of Emergency
§ 31-13-18. Hearing on Order or Notice of Action
§ 31-13-20. Filing Certified Copy of Unappealed Final Order or Affirmed Order
§ 31-13-21. Temporary or Permanent Injunction; Restraining Order