but in no event shall the aggregate amount of such civil penalty exceed $5,000.00.
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.”
History. 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.
Structure Georgia Code
Chapter 12 - Rights in Personalty
Article 7 - Protection of American Indian Human Remains and Burial Objects
Part 1 - American Indian Human Remains and Burial Objects Held by Museums
§ 44-12-263. Monitoring and Review of Inventory, Identification, and Repatriation Activities
§ 44-12-264. Penalties for Violation of Code Sections 44-12-261 and 44-12-262