Rule 391-3-28-.11 - Violations(1) Except as may otherwise be provided in Rule 391-3-28-.10, whenever the Director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the Director may order the violator to take whatever corrective action the Director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order.(2) Except as may otherwise be provided in Rule 391-3-28-.10, any order issued by the Director under this article shall become final unless the person or persons named therein file with the Director a written request for a hearing within 30 days after such order or permit is served on such person or persons.(3) Except as may otherwise be provided in Rule 391-3-28-.10, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2.(4) The Director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the Director unappealed from or a final order of the Director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.(5) Institute, in the name of the Division, proceedings of mandamus, injunction, or other proper administrative or civil proceedings to enforce this article, the rules and regulations promulgated under this article, or any agreements or orders entered into or issued under this article;(6) For purposes of this Code section, a violation of an agreement entered into in accordance with Rule 391-3-28-.08 or an order issued by the Director in accordance with Rule 391-3-28-.10 shall be prima facie established upon a showing that: (i) During the effective period of the agreement or order, the irrigation system was observed in person or via remote sensing or otherwise established by representatives of the Division or others to have been operating and disbursing water; or(ii) During the effective period of the agreement or order, a seal, lock, or other device placed by the Division on the system to prevent operation of the system has been broken or otherwise tampered with.(7) A Permittee who enters into an agreement in accordance with Rule 391-3-28-.08 or Rule 391-3-28-.10 shall not irrigate during the period covered by the agreement on those acres that the owner has agreed not to irrigate. If the Permittee irrigates said acres during the period covered by the agreement, such action shall be deemed a violation of the agreement and this article and shall be subject to a penalty as determined by the Director as provided in this article.Ga. Comp. R. & Regs. R. 391-3-28-.11
O.C.G.A. Sec. 12-5-540et seq.
Original Rule entitled "Inspections and Compliance" adopted. F. Jan. 20, 2006; eff. Feb. 9, 2006.Repealed: New Rule entitled "Violations" adopted. F. June 23, 2006; eff. July 13, 2006.