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 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 PUBLIC UTILITIES, ETC. 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