Rule 590-3-1-.16 - Non-Payment of Statutory Fees or Penalties(1) Every registration, annual report, filing, or administrative penalty required or imposed pursuant to the Code or any Rule or Regulation promulgated thereunder shall be accompanied by the required fee. No registration, annual report, filing or administrative penalty required pursuant to the Code or any Rule shall be considered officially received by the Secretary of State without the required fee.(2) If a check submitted in payment of a fee is dishonored, the Secretary of State shall promptly notify the applicant, registrant or filer of the dishonor. The applicant, registrant or filer shall have fifteen (15) days from the date of notice to pay the required fee. If such payment is not made, the Secretary of State may take any action authorized by the Act.(3) All fees are nonrefundable.(4) In the event that a civil penalty is imposed upon any person pursuant to Code Section 10-14-19, the Secretary of State may, to collect such civil penalty, act under any or all of the following paragraphs:(a) In addition to any other method provided by law for the collection of civil penalties imposed pursuant Code Section 10-14-19, any civil penalty assessed by the Secretary of State in any order that is not paid when due, including failure to pay any interest or costs thereon, may be collected by the Secretary of State by and with the same authority contained in Code Section 48-2-55, which provides for the collection of taxes by the state revenue commissioner. If any civil penalty imposed by the Secretary of State pursuant Code Section 10-14-19 is not paid within ten (10) days after notice and demand from the Secretary of State, the Secretary of State may notify the Attorney General. The Attorney General may, in his or her sole discretion, initiate appropriate proceedings to collect such penalty.(b) In aid of collection or execution, the Secretary of State may do either, or both, of the following: 1. Examine any person, including the person liable, by taking depositions or propounding interrogatories as provided in the Georgia Civil Practice Act, Chapter 11 of Title 9 of the Official Code of Georgia; or2. Compel the production of documents or other items as provided in the Georgia Civil Practice Act, Chapter 11 of Title 9 of the Official Code of Georgia.Ga. Comp. R. & Regs. R. 590-3-1-.16
O.C.G.A. Secs. 10-14-14, 10-14-19, 43-17-10, 44-3-135, 44-3-139.
Original Rule entitled "Minimum Cemetery Acreage" adopted. F. Dec. 20, 1988; eff. Jan. 9, 1989.Repealed: F. July 26, 2000; eff. August 15, 2000.Amended: New Rule entitled "Non-Payment of Statutory Fees or Penalties" adopted. F. May 19, 2005; eff. June 8, 2005.