(e.1) (1) (A) Upon notice to the Department of Natural Resources as described in subsection (e) of this Code section, then the commissioner may revoke, suspend, deny, or refuse to renew any vessel certificate of number or commercial fishing boat license required by this title or Title 27 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the certificate of number or license, or both. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph.
(B) Any person whose vessel certificate of number or commercial fishing boat license is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department.
(2) (A) Upon notice to the Department of Natural Resources as described in subsection (e) of this Code section and delivery of a copy of such notice to the state revenue commissioner, then the state revenue commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration required by Title 40 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the registration. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph.
(B) Any person whose motor vehicle registration is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the state revenue commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department.
History. Code 1981, § 52-7-71 , enacted by Ga. L. 1989, p. 613, § 1; Ga. L. 2000, p. 1589, § 4; Ga. L. 2007, p. 105, § 2/HB 132; Ga. L. 2020, p. 479, § 1/SB 308; Ga. L. 2021, p. 922, § 52/HB 497.
The 2020 amendment, effective January 1, 2021, deleted “and the Georgia Bureau of Investigation,” in the first sentence of subsection (e) and near the beginning of subsection (i); and deleted subsection (h), which read: “Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network.”
The 2021 amendment, effect May 10, 2021, part of an Act to revise, modernize, and correct the Code, designated subsection (h), which was repealed, as reserved.
Editor’s notes.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.
Structure Georgia Code
Title 52 - Waters of the State, Ports, and Watercraft
Chapter 7 - Registration, Operation, and Sale of Watercraft
§ 52-7-71. Removal and Storage of Vessels; Procedure
§ 52-7-72. Authority of Peace Officer to Cause Removal of Unattended Vessels; Notifications; Duties
§ 52-7-72.1. Penalty for Failing to Remove Unattended Vessel
§ 52-7-73. Lien on Vessel; Foreclosure in Courts Competent to Hear Civil Cases
§ 52-7-74. Procedure for Foreclosure
§ 52-7-75. Public Sale of Vessel; Disposition of Excess Proceeds
§ 52-7-76. Issuance of Certificate of Title
§ 52-7-77. Payment of Balance Remaining After Satisfaction of Liens, Security Interests, and Debts