Ga. Comp. R. & Regs. R. 40-24-1-.17 - Penalties

(1) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding 12 months, or both, as determined by the court.

(2) Any cotton grower or the first handler of cotton from a cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre or $12.50 per bale, such amount to be established by the Commissioner upon recommendation of the Boll Weevil Eradication Foundation of Georgia, Inc., Board of Directors.

(3) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his or her property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court shall issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action.

(4) Any cotton grower who fails to comply with the rules adopted by the Commissioner shall be subject to a civil monetary penalty of $1,000.00 per violation. Each violation shall constitute a separate offense.

Notes

Ga. Comp. R. & Regs. R. 40-24-1-.17

O.C.G.A. Sec. 2-7-150et seq.

Original Rule entitled "Penalties" adopted. F. Sept. 23, 2010; eff. Oct. 13, 2010.