Rule 590-3-1-.17 - Enforcement Procedures(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.
Ga. Comp. R. & Regs. R. 590-3-1-.17
O.C.G.A. Secs. 10-14-14, 10-14-19, 44-3-134, 44-3-139.
Original Rule entitled "Nonperpetual Care Cemeteries" adopted. F. Dec. 20, 1988; eff. Jan. 9, 1989.Repealed: F. July 26, 2000; eff. August 15, 2000.Amended: New Rule entitled "Enforcement Procedures" adopted. F. May 19, 2005; eff. June 8, 2005.