Code Sections
TOC
1-2-6
8-3-202
10-1-100
10-1-101
10-1-439
10-1-439.1
10-1-439.2
10-1-439.3
10-1-439.4
12-3-9
12-3-10
12-3-10.1
12-3-11
15-9-60
15-11-601
16-1-3
16-1-10
16-3-1
16-3-21
16-3-22
16-3-23
16-3-23.1
16-3-24
16-3-24.1
16-3-24.2
16-7-21
16-11-34.1
16-11-38
16-11-101
16-11-101.1
16-11-102
16-11-103
16-11-104
16-11-105
16-11-106
16-11-108
16-11-109
16-11-113
16-11-120
16-11-121
16-11-122
16-11-123
16-11-124
16-11-125
16-11-125.1
16-11-126
16-11-127
16-11-127.1
16-11-127.2
16-11-128
16-11-129
16-11-130
16-11-130.1
16-11-130.2
16-11-131
16-11-132
16-11-133
16-11-134
16-11-135
16-11-136
16-11-137
16-11-138
16-11-150
16-11-151
16-11-152
16-11-160
16-11-161
16-11-162
16-11-171
16-11-172
16-11-173
16-12-122
16-12-123
16-12-127
16-12-128
16-12-129
16-13-21
16-13-25
16-13-26
16-13-27
16-13-27.1
16-13-28
16-13-29
17-5-50
17-5-51
17-5-52
17-5-52.1
17-5-53
17-10-3
21-2-2
21-2-413
27-1-36
27-1-38
27-3-1.1
27-3-6
27-3-7
27-4-11.1
33-24-30.1
35-3-34
37-1-1
38-2-194
38-2-277
38-2-301
38-3-37
38-3-51
41-1-9
42-4-13
42-5-15
43-38-10
50-18-70
50-18-71
50-18-72
50-18-73
50-18-74
51-11-9
Found In LexisNexis by searching for "27-1-36" or in the TOC under:
Title 27 - GAME AND FISH
Chapter 1 - GENERAL PROVISIONS
The code sections are all Copyright © 2017 by The State of Georgia
O.C.G.A.§ 27-1-36
Civil enforcement by department; disposition of penalties
(a) As an alternative to criminal enforcement pursuant to Code Section
27-1-38, the department, in order to enforce this title or any rules and
regulations promulgated pursuant thereto, may employ any one or any combination
of the following methods:
(1) Any person who violates any provisions of this title
or any regulations or orders promulgated and administered thereunder shall be
liable civilly for a penalty in an amount of up to $1,000.00 for each and every
violation thereof, the penalty to be recoverable by a civil action brought in
the name of the commissioner by the district attorney of the county in which the
alleged violator resides. The commissioner on his motion may or upon complaint
of any interested party charging a violation shall refer the matter directly to
the district attorney of the county in which the alleged violator resides. The
proceeds from all civil penalties arising from enforcement of the wildlife laws,
regulations, and orders pursuant to this Code section shall be used in the
manner prescribed in Code Section 27-1-14;
(2) Whenever the commissioner determines that any person
has violated any provision of this title or any regulations or orders
promulgated under this title, the commissioner may issue an administrative order
imposing a civil penalty not to exceed $1,000.00 for the violation. Any person
who is aggrieved or adversely affected by any such order shall, upon petition
within 30 days after the issuance of such order, have a right to a hearing
before an administrative law judge appointed by the Board of Natural Resources.
The hearing before the administrative law judge shall be conducted in accordance
with Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act," and the rules and regulations adopted by the board pursuant thereto.
The decision of the administrative law judge shall constitute the final decision
of the board and any party to the hearing, including the commissioner, shall
have the right of judicial review thereof in accordance with Chapter 13 of Title
50; or
(3) All civil penalties recovered by the department as
provided in this Code section shall be paid into the state treasury. The
commissioner may file in the superior court in the county in which the person
under order resides or, if the person is a corporation, in the county in which
the corporation maintains its principal place of business, or in the county in
which the violation occurred, a certified copy of a final order of the
commissioner or the administrative law judge unappealed from or of a final order
of the administrative law judge affirmed upon appeal, whereupon the court shall
render judgment in accordance therewith and notify the parties. The judgment
shall have the same effect, and all proceedings in relation thereto shall
thereafter be the same, as though the judgment had been rendered in an action
duly heard and determined by the court.
(b) The civil penalty prescribed in this Code section shall be concurrent
with, alternative to, and cumulative of any and all other civil, criminal, or
alternative rights, remedies, forfeitures, or penalties provided, allowed, or
available to the commissioner with respect to any violation of this title and
any regulations or orders promulgated pursuant thereto; provided, however, that
in no instance shall the department be authorized to proceed against any person
under both Code Section 27-1-38 and this Code section for any single violation
of the wildlife laws, rules, and regulations.
HISTORY:
Code 1933, § 45-217, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1984, p. 404, § 7; Ga. L. 1985, p. 149, § 27; Ga. L. 1993, p. 91, § 27.