§ 44-12-239-2 — Grounds for administrative enforcement action

(a) The following acts are violations of this article and shall constitute grounds for an administrative enforcement action by the department: (1) Failure to comply with any provision of this article, any rule or order adopted under this article, or any written agreement entered into with the department; (2) Fraud, misrepresentation, deceit, or gross negligence in any matter within the scope of this article; (3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to an owner or apparent owner under this article, regardless of reliance by or damage to the owner or apparent owner; (4) Willful imposition of illegal or excessive charges in any unclaimed property transaction; (5) False, deceptive, or misleading solicitation or advertising within the scope of this article; (6) Failure to maintain, preserve, and keep available for examination all books, accounts, or other documents required by this article, by any rule or order adopted under this article, or by any agreement entered into with the department under this article; (7) Refusal to permit inspection of books and records in an investigation or examination by the department or refusal to comply with a subpoena issued by the department under this article; (8) Criminal conduct in the course of a person's business; (9) Failure to timely pay any fee or fine imposed or assessed under this article or any rule adopted under this article; (10) Requesting or receiving compensation for notifying a person of his or her unclaimed property or assisting another person in filing a claim for unclaimed property, or entering into, or making a solicitation to enter into, an agreement to file a claim for unclaimed property owned by another, or a contract or agreement to purchase unclaimed property, unless such person is registered with the department under this article; provided, however, that this paragraph shall not apply to a person who has been granted a durable power of attorney to convey and receive all of the real and personal property of the owner, is the court appointed guardian of the owner, has been employed as an attorney or qualified representative to contest the department's denial of a claim, or has been employed as an attorney to probate the estate of the owner or an heir or legatee of the owner; (11) Failure to authorize the release of records in the possession of a third party after being requested to do so by the department regarding a pending examination or investigation; and (12) Receipt or solicitation of consideration to be paid in advance of the approval of a claim under this article. (b) Upon a finding by the department that any person has committed any of the acts set forth in subsection (a) of this Code section, the department may enter an order: (1) Requiring such person to cease and desist or take corrective action as specified by the department; (2) Revoking a registration previously granted under this article during which time the registrant may not reapply for a registration under this article; (3) Placing a registrant on probation for a period and subject to such conditions as the department may specify; (4) Placing permanent restrictions or conditions upon issuance or maintenance of a registration under this article; (5) Imposing an administrative fine not to exceed $2,000.00 for each such act which shall be retained by the department for purposes of administering this article; or (6) Prohibiting any person from being a director, officer, agent, employee, or ultimate equitable owner of a 10 percent or greater interest in an employer of a claimant's designated representative. (c) A claimant's designated representative is subject to the disciplinary actions specified in subsection (b) of this Code section for violations of subsection (a) of this Code section by an agent or employee of the registrant's employer if the registrant knew or should have known that such agent or employee was violating any provision of this article. (d) A person aggrieved by any enforcement action imposed by the department is entitled, upon request, to a hearing before the commissioner or the commissioner's designated representative which shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Such hearing request shall set forth with specificity the reasons for the request and the manner of relief sought. (e) The department may seek any appropriate civil legal remedy available to it by filing a civil action in a court of competent jurisdiction against any person who has, directly or through a claimant's representative, wrongfully submitted a claim as the ultimate owner of property and improperly received funds from the department in violation of this article. (f) In addition to any other powers conferred upon it to enforce and administer the provisions of this article, the commissioner may refer to the Attorney General for further investigation any conduct the commissioner believes, in the commissioner's sole discretion, may warrant civil or criminal enforcement.

Legislative History

Added by 2023 Ga. Laws 81,§ 11, eff. 7/1/2024.