Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.17 - Enforcement Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Formal Orders of Investigation. The
				Secretary of State may, at any time, whether based upon a complaint, referral,
				or information and belief, issue a formal order of investigation that shall
				commence such public or private investigation within or outside this State, as
				he or she deems necessary, to determine whether any person has violated or is
				about to violate the Act or any Rule, Regulation, or order created under the
				Act or to aid in the enforcement of the Act or in the prescribing of Rules and
				Regulations thereunder.
(2)
				Appointment of an auditor, examiner, or regulatory monitor. In addition to
				those administrative sanctions the Secretary of State may impose pursuant to
				Code Section
				 10-14-19, the Secretary of State may also issue an order for the appointment of an
				individual qualified by education and experience as an auditor, examiner, or
				regulatory monitor.
(3) Report of
				Examination or Inspection. The Secretary of State, within his or her sole
				discretion, may accept or reject such examination or inspection, in whole or in
				part. If the report is accepted, the Secretary of State shall file said report
				in the public records of the Secretary of State. The Secretary of State may,
				within his or her sole discretion, accept or reject, in whole or in part, the
				recommendations of the independent examiner.
(4) Emergency Orders. Notwithstanding any
				other provision of the Act or the Rules and Regulations promulgated thereunder,
				an emergency order is effective on the date of issuance, provided that:
(a) The Secretary of State deems that the
				public health, safety, or welfare imperatively requires emergency action and
				incorporates a finding to that effect in the emergency order, in which case the
				order may be effective immediately pending proceedings. The proceedings shall
				be promptly instituted;
(b) The
				order is issued pursuant to Code Sections
				 10-14-11 or 
				 10-5-19;
				or
(c) The order is expressly
				required, by a judgment or a statute, to be made without the right to a hearing
				or continuance of any type.
Upon issuance of the order, the Secretary of State shall
				 promptly serve each person subject to the order with a copy of the order and a
				 notice that the order has been entered. The order must include a statement of
				 any administrative sanction(s) that the Secretary of State will seek, a
				 statement of the reasons for the order, and notice that, upon the request by
				 any respondent named in the emergency order, a hearing will be promptly
				 scheduled. If a person subject to the order does not request a hearing, and the
				 Secretary of State orders no hearing within thirty (30) days after the date of
				 service of the order, the order shall become final as to that person by
				 operation of law. If a hearing is requested by any person subject to the
				 emergency order, or is ordered by the Secretary of State, after notice and
				 opportunity for hearing has been served upon each person subject to the
				 emergency order, the Secretary of State may modify, vacate, or extend the
				 emergency order any time prior to a final determination.