Violation of laws administered by commissioner; judicial review

(a) Any motor or common contract carrier subject to the jurisdiction of the commissioner, which carrier willfully violates any law administered by the commissioner or any duly promulgated regulation issued thereunder or which fails, neglects, or refuses to comply with any order after notice thereof, shall be liable to a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues. (b)(1) The commissioner, after a hearing conducted after not less than 30 days’ notice, shall determine whether any carrier has willfully violated any law administered by the commissioner or any duly promulgated 619 Page: 620 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:48 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-7-90 PUBLIC UTILITIES, ETC. 46-7-90 regulation issued thereunder, or has failed, neglected, or refused to comply with any order of the commissioner. Upon an appropriate finding of a violation, the commissioner may impose by order such civil penalties as are provided by subsection (a) of this Code section or by subsection (a) of Code Section 46-7-91. In each such proceeding, the commissioner shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter of which the commissioner takes official notice, and all staff memoranda or data submitted to the commissioner in connection with its consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annum) recovered by the commissioner shall be paid into the general fund of the state treasury. (2) Any party aggrieved by a decision of the commissioner may seek judicial review as provided in subsection (c) of this Code section. (c)(1) Any party who has exhausted all administrative remedies available before the commissioner and who is aggrieved by a final decision of the commissioner in a proceeding described in subsection (b) of this Code section may seek judicial review of the final order of the commissioner in the Superior Court of Fulton County. (2) Proceedings for review shall be instituted by filing a petition within 30 days after the service of the final decision of the commissioner or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the commissioner shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the commissioner and all parties of record before the commissioner. (3) The petition shall state the nature of the petitioner’s interest, the facts showing that the petitioner is aggrieved by the decision, and the ground, as specified in paragraph (6) of this subsection, upon which the petitioner contends that the decision should be reversed. The petition may be amended by leave of court. (4) Within 30 days after service of the petition, or within such further time as is stipulated by the parties or as is allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate that the record be limited may be taxed for the additional costs. The court may require or permit subsequent corrections or additions to the record. (5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the 620 Page: 621 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:49 0000 42051-21 46-7-90 (QS) GA 04 RV34 -- 3rd RUN MOTOR CARRIERS 46-7-91 court may order that the additional evidence be taken before the commissioner upon such procedure as is determined by the court. The commissioner may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (6) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the commissioner as to the weight of the evidence on questions of fact. The court may affirm the decision of the commissioner or remand the case for further proceedings. The court may reverse the decision of the commissioner if substantial rights of the petitioner have been prejudiced because the commissioner’s findings, inferences, conclusions, or decisions are: (A) In violation of constitutional or statutory provisions; (B) In excess of the statutory authority of the commissioner; (C) Made upon unlawful procedure; (D) Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or (E) Arbitrary or capricious. (7) A party aggrieved by an order of the court in a proceeding authorized under subsection (b) of this Code section may appeal to the Supreme Court of Georgia or to the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5, the ‘‘Appellate Practice Act.’’ (Code 1981, § 46-7-90, enacted by Ga. L. 2004, p. 366, § 20.) Effective date. — This Code section became effective July 1, 2004. 46-7-91. Penalty for holding oneself out as household goods carrier for hire without valid certificate of authority; penalty for advertising services falsely. (a) Whenever the commissioner, after a hearing conducted in accordance with the provisions of subsection (b) of Code Section 46-7-90, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the commissioner or is holding itself out as such a carrier without such a certificate in violation of subsection (b) of this Code section, the commissioner may impose a fine of not more than $5,000.00 for each violation. The commissioner may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commissioner. The commissioner may also assess interest at the rate specified in paragraph (1) of subsection (b) of Code Section 46-7-90 on any fine or assessment 621 Page: 622 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:49 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-7-91 PUBLIC UTILITIES, ETC. 46-7-101. imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the commissioner shall be paid into the general fund of the state treasury. Any party aggrieved by a decision of the commissioner under this subsection may seek judicial review as provided in subsection (c) of Code Section 46-7-90. (b) Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the commissioner is guilty of a misdemeanor. Any fine or assessment imposed by the commissioner pursuant to the provisions of subsection (a) of this Code section shall not bar criminal prosecution pursuant to the provisions of this subsection. (Code 1981, § 46-7-91, enacted by Ga. L. 2004, p. 366, § 21.) Effective date. — This Code section became effective July 1, 2004. ARTICLE 5 MOTOR VEHICLE SAFETY INSPECTIONS Editor’s notes. — This article consisted of Code Sections 46-7-100 and 46-7-101 and was based on Code 1981, §§ 46-7-100 and 46-7-101, enacted by Ga. L. 1983, p. 735, § 2; Ga. L. 1990, p. 2022, § 3. 46-7-100 and 46-7-101. Reserved. Repealed by Ga. L. 2000, p. 951, § 9-4, effective July 1, 2001. Editor’s notes. — Ga. L. 1994, p. 1238 contains two § 2’s. The first § 2, effective May 1, 1994, redesignated former Article 4 as present Article 5. 622 Page: 623 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:50 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN T.46, C.8 RAILROAD COMPANIES T.46, C.8 CHAPTER 8 RAILROAD COMPANIES Sec. Article 1 General Provisions Sec. 46-8-1. 46-8-2. 46-8-3. 46-8-4. Recording of leases by railroad company in each county through which its road runs, generally. Effect of failure or refusal to record on rights of action against company. Maintenance of books and records by railroad company secretary; inspection; furnishing of transcripts of board proceedings by secretary; transfer of custody of records upon resignation or vacation of office by secretary. Applicability of Article 14 of Chapter 2 of Title 14 to chapter. 46-8-25. Article 3 Incorporation and Consolidation of Railroad Companies and Requirements as to Directors and Officers Part 1 Incorporation, Organization, Subscription of Capital Stock, Selection of Officers and Directors Article 2 Powers and Duties of Commission as to Railroad Companies Generally 46-8-20. 46-8-21. 46-8-22. 46-8-23. 46-8-24. 46-8-40. Exclusive power of commission to determine just and reasonable rates and charges; establishing rates and tariffs generally; locating of depots and construction of freight and passenger buildings. Powers of commission regarding railroads generally. Investigation by commission of books and papers of railroad companies; inspection of railroad offices and stations; examination of railroad’s agents and employees; rules and regulations concerning investigations and inspections. Prescription and enforcement by commission of rules, regulations, and orders as to receipt, transportation, and delivery of freight by railroads. Inspection by commission of contracts and agreements between railroad companies; disap- proval of agreements; inclusion in agreements of rates exceeding rates fixed by commission. Inspection of railroads by commission; requiring repair of railroads; allotment of reasonable time for repairs; effect of Code section on liability of railroads. 46-8-41. 46-8-42. 46-8-43. 46-8-44. 46-8-45. 623 Grant of corporate powers and privileges to railroad companies by Secretary of State; procedure in case of disqualification of Secretary of State. Procedures regarding preparation of petition for incorporation; filing of petition and affidavit with Secretary of State; endorsement by Secretary of State; allowance for public inspection of petition and affidavit. Certificate of incorporation; duration of corporate existence; fee for issuance of certificate. Duties of Secretary of State prior to issuance of certificate of incorporation; certificate or duplicate thereof as evidence of existence of corporation and compliance with chapter. Subscription to capital stock; par value of stock; subscription to all capital stock as prerequisite to beginning railroad construction. Payment of subscriptions; proce- Page: 624 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:51 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN T.46, C.8 PUBLIC UTILITIES, ETC. Sec. 46-8-46. 46-8-47. 46-8-48. 46-8-49. 46-8-50. 46-8-51. 46-8-52. 46-8-53. 46-8-54. 46-8-55. T.46, C.8 Part 2 dure by directors in case of default by subscriber. Procedures regarding organizational meeting; qualifications of directors; selection of officers and agents; annual election of directors; filling of vacancies on board. Determination of directors’ compensation; appointment of chairman and vice-presidents; time and place of board meetings; procedures regarding board meetings. Creation of executive committee and other committees; powers of committees; designation of alternate members of committees; committee action by majority vote. Action by board or committee thereof or by shareholder or committee thereof by written consent of members without meeting. Combination of offices of corporation; election of officers by shareholders; terms of office; powers and duties of officers; authority of chairman or president as to legal proceedings. Indemnification of persons by railroad corporation; advance of expenses; insuring against liabilities; reports of payments to shareholders; provisions eliminating or limiting liability of director. Exemption of property of stockholders from debts or liabilities of corporation. Procedure for issuing bonds or increasing capital stock. Adoption of title by railroad companies incorporated, or by persons owning or operating a railroad, prior to December 17, 1892. Standard of care for directors and officers in discharge of duties; reliance upon financial information. Consolidation, Merger, Surrender of Franchise, and Dissolution of Companies 46-8-70. 46-8-71. 46-8-72. 46-8-73. 46-8-74. 46-8-75. 46-8-76. 46-8-77. 46-8-78. 46-8-79. 46-8-80. 624 Application by railroad company that company surrender its franchises and cease performing as a common carrier; hearing before commission; effect of outstanding debts on company. Dissolution of railroad corporation generally. Adoption of resolution for dissolution by board of directors; meeting of stockholders to consider resolution; filing of petition for dissolution with Secretary of State. Contents of petition for dissolution; certification resolution recommending dissolution; attachment of resolution to petition; verification of petition; fee for filing petition. Advertisement of petition for dissolution. Transfer of copy of petition from Secretary of State to commission. Investigation by commission of proposed dissolution; issuance of certificate approving or disapproving application for dissolution; transfer of certificate; filing of duplicate certificate; effect of disapproval. Certification by judge of the probate court of the fact of advertisement of petition; filing of certificate with Secretary of State. Order of Secretary of State accepting surrender of charter and franchises and dissolving corporation; recording of petition, certificate of approval, certificate of publication, and order by Secretary of State. Effect of issuance of order of dissolution and payment of fees. Contracts between railroad companies for merger, consolidation, lease, or purchase for purposes of connecting the roads of the companies. Page: 625 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:52 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN T.46, C.8 RAILROAD COMPANIES Sec. 46-8-81. 46-8-82. Article 5 Consolidation, merger, lease, or purchase of railroad companies whose roads form a continuous line; issuance of stocks and bonds by consolidated companies. Forfeiture of powers, privileges, and certificate of incorporation for failure to construct and operate 15 miles of road within three years; extension of time for construction and operation of road. Construction, Improvement, and Repair of Rail Lines, Depots, and Roads Sec. 46-8-120. 46-8-121. 46-8-122. Article 4 46-8-123. Powers of Companies Generally 46-8-100. 46-8-101. 46-8-102. 46-8-103. 46-8-104. 46-8-105. 46-8-106. 46-8-107. 46-8-108. 46-8-109. T.46, C.8 General powers. Contracts between railroad companies for common use of tracks within cities. Construction and operation of vessels by railroad companies. Appropriation by railroad corporations of public highways, bridges, and ferries. Power of railroad companies to cross other railroads in order to reach minerals, timber, or other materials. Effect of adoption of Code Section 46-8-104 by railroad corporations not chartered by General Assembly. Sale or lease of property, rights, and franchises of railroad corporation upon termination of prior lease; rights acquired by railroad corporation to whom sale or lease is made. Sale of railroad under trust deed, upon foreclosure of mortgage, or by judicial decree — Description of rights and privileges to be exercised and enjoyed by purchasers. Reorganization of corporation by purchasers or their associates or assigns; procedure for creating liens. Exercise by railroad company of rights, franchises, and privileges in another state or in a territory of the United States. 46-8-124. 46-8-125. 46-8-126. 46-8-127. 46-8-128. 46-8-129. 46-8-130. 46-8-131. 46-8-132. 46-8-133. 625 Powers of railroad companies generally. Acquisition of property by companies; approval by commission as prerequisite to exercise of power of eminent domain. Effect of Code Sections 46-8-120 and 46-8-121 on other powers and authority granted to railroad companies. Construction of extensions and branch roads generally. Exercise of power of eminent domain by railroad corporations generally. Change of general direction and route of railroad. Relocation of highways necessitated by construction of crossings. Regulation of distance between tracks with the same terminal points. Obstructions located at crossing; disrepair of crossing; removal of obstruction or repair of crossing by county upon failure of company to remove obstruction or repair crossing [Repealed]. Construction and maintenance by and at expense of railroad company of cattle guards necessary to protect public roads or private ways crossed by railroad. Liability of company to landowner for failure to build cattle guard pursuant to Code Section 46-8-129. Construction of cattle guard and farm crossing by railroad company upon request of and at expense of owner of land crossed by railroad right of way. Construction and applicability of Code Sections 46-8-129 through 46-8-131. Alteration of railroad tracks, bridges, and other structures to accommodate motor vehicles. Page: 626 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:58:53 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN T.46, C.8 PUBLIC UTILITIES, ETC. Sec. Article 6 Operation of Trains Generally Part 1 46-8-195. Employees Engaged in Operation of Trains Generally Sec. 46-8-150. 46-8-151. 46-8-152. 46-8-196. Qualifications of locomotive engineers.