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P&CGeorgiamedium

Under O.C.G.A. §§ 33-6-7 through 33-6-9, the Commissioner may issue a cease and desist order against a person engaging in conduct that violates the Unfair Trade Practices Act. Which procedural feature most accurately describes this authority?

AOnly a Georgia superior court may issue such an order following a jury trial
BThe order must first be approved by the Attorney General before issuance
It follows notice and a hearing; violating the order draws monetary penalties
DCease and desist orders are advisory only and carry no enforcement consequences

Why this is the answer

Cease and desist orders against unfair trade practices are issued under Article 1 of Chapter 6 of Title 33. Under O.C.G.A. § 33-6-7, the Commissioner must first serve a statement of charges and a notice of hearing at least 15 days in advance, and the person charged may be heard and show cause. If the Commissioner then finds a violation, § 33-6-8 requires written findings and a cease and desist order, and allows a monetary penalty of up to $1,000 per violation (up to $5,000 if the person knew or should have known), license suspension or revocation, or other relief. Violating the order while it is in effect can bring, after notice and hearing, a penalty of up to $10,000 per violation, suspension or revocation under § 33-6-9. Orders are reviewable under the Chapter 2 appeal provisions (§ 33-6-10).

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