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. The person 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 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 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, § 49-5-12.1 , enacted by Ga. L. 1986, p. 1038, § 1; Ga. L. 2000, p. 1589, § 3.
Editor’s notes.
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
Chapter 5 - Programs and Protection for Children and Youth
Article 1 - Children and Youth Services
§ 49-5-4. Other State Departments, Agencies, Officers, and Employees to Assist Department
§ 49-5-4.1. Child Welfare Agency Public Scorecard Established
§ 49-5-7. Development and Administration of Public Child Welfare and Youth Services
§ 49-5-8. Powers and Duties of Department
§ 49-5-8.1. Short-Term Babysitting of Child in Foster Care; Reasonable and Prudent Parent Standard
§ 49-5-12.1. Penalties for Violation of Child Welfare Agency Laws and Regulations
§ 49-5-12.2. Immunity From Liability
§ 49-5-12.3. Definitions; Annual Inspection of Child Welfare Agency
§ 49-5-13. Private Child Care Learning Centers Not Required to Meet Federal Adult-Child Ratio
§ 49-5-17. Power of Department to Accept and Use Gifts
§ 49-5-18. Instituting or Intervening in Legal Proceedings
§ 49-5-19. Annual Report on Children and Youth Services
§ 49-5-20. Existing Charters of Charitable Institutions
§ 49-5-21. Penalties for Aiding, Harboring, or Encouraging Escapees or Hindering Their Apprehension
§ 49-5-22. Voluntary Pre-Kindergarten Programs to Provide Toilet Facilities Screened for Privacy