Georgia § 10-1-438 Enhanced penalties for disaster related violations; civil action authorized

Georgia Statutes

§ 10-1-438 — Enhanced penalties for disaster related violations; civil action authorized

Georgia § 10-1-438

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This text of Georgia § 10-1-438 (Enhanced penalties for disaster related violations; civil action authorized) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 10-1-438 (2026).

Text

(a)As used in this part, the term:

(1)"Attorney General" means the Attorney General or his or her designee.

(2)"Disaster related violation" means any violation of Part 1, 2, or 4 of this article, which violation involves:

(A)The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or (B) The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.

(3)"Natural disaster" means any natural disaster for which a state of emergency is proclaimed by the Governor.

(b)Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related v

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(a) As used in this part, the term: (1) "Attorney General" means the Attorney General or his or her designee. (2) "Disaster related violation" means any violation of Part 1, 2, or 4 of this article, which violation involves: (A) The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or (B) The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster. (3) "Natural disaster" means any natural disaster for which a state of emergency is proclaimed by the Governor. (b) Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction. (c) Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.