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Rules and Regulations

Rules and Regulations for Chapter 375-5-2

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375-5-2-.26 Fines. Amended.

(1) The Commissioner of the Department may impose an administrative fine not to exceed $1,000 per violation against any driver training school or limited driver training school that fails to comply with the rules and regulations of the Department.

(a) Violations that are minor in nature as determined by the Department shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within thirty (30) days.

(b) Failure to remedy violations that are minor in nature within thirty (30) days may result in an administrative fine, not to exceed $250.00.

(2) The Department shall issue, by U.S. Mail or personal service, a notice including the following information:

(a) A concise statement of violations and applicable statutes and regulations;

(b) A statement of the legal authority and jurisdiction under which the notice has been issued;

(c) A notice of amount claimed and notice of the maximum amount authorized pursuant to applicable statutory provisions;

(d) A statement regarding the driving training school or limited driver training school’s right to pay the fine assessed or, within thirty (30) days of receipt of the notice, request a hearing to contest the imposition of the fines.

(e) Such notice shall be deemed received three (3) days after mailing.

(3) In the event that the driving training school or limited driver training school fails to request a hearing within thirty (30) days’ receipt of the notice, any rights to an appeal and hearing shall be considered to have been waived; and the assessed fine shall become effective upon the expiration of the thirty (30) day notice period.

(4) A driving training school and/or limited driver training school may contest the imposition of a fine by submitting to the Department a written request for hearing within thirty (30) days’ receipt of the notice, which should contain the following information:

(a) A case name and number;

(b) The complete name and address of the party filing the request;

(c) The name and address of counsel, if represented.

Upon receipt of a timely, properly filed request for a hearing, the Department will forward the request and all pertinent documents to the Georgia Office of State Administrative Hearings.

(5) The appeals and hearing procedure shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedures Act”.

(6) If the driving training school and/or limited driver training school has exhausted all administrative remedies available and is aggrieved or adversely affected by the Commissioner’s action, the driving training school and/or limited driver training school shall have the right of judicial review in accordance with Chapter 13 of Title 50 of the Official Code of Georgia Annotated.

 

Authority: O.C.G.A. ยงยง44-13-8, 50-13-17, 50-13-19
Filed Date: 9/11/2006
Effective Date: 10/1/2006