§ 48-17-5 - Right to notice and hearing; service of notice - Georgia Statutes

O.C.G.A. 48-17-5 (2010)
48-17-5. Right to notice and hearing; service of notice

(a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances:

(1) After an application for an original or renewal license has been refused;

(2) Before the commissioner may revoke a license; or

(3) Before the commissioner may invoke any other sanctions provided by this chapter. For purposes of this paragraph, sanctions shall not include:

(A) Issuance of a citation;

(B) Imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2, Code Section 48-17-11, or subsection (a) of Code Section 48-17-13; or

(C) Sealing a machine or imposing charges related thereto under subsection (g) of Code Section 48-17-13.

(b) The written notice provided by this Code section may be served personally by the commissioner or an authorized representative or sent by United States certified mail or statutory overnight delivery addressed to the applicant, licensee, or registration certificate holder at its last known address. In the event that notice cannot be effected by either of these methods after due diligence, the commissioner may prescribe any reasonable method of notice calculated to inform a person of average intelligence and prudence of the commissioner's action, including publishing the notice in a newspaper of general circulation in the area in which the applicant, licensee, or registration certificate holder conducts its business activities. The written notice shall state with particularity the basis upon which the commissioner is taking the proposed actions.