Fines and the aggregate cap
O.C.G.A. 43-40-25(a)(7) allows a fine of up to $1,000.00 for each violation, but limits fines for multiple violations to $5,000.00 in any one disciplinary proceeding.
Worked example: nine separate violations in one proceeding. 9 × $1,000 = $9,000, but the aggregate limit applies, so the maximum fine is $5,000. Treating $1,000 as the ceiling for the whole proceeding is the opposite error, and 9 × $5,000 = $45,000 inverts what the cap does.
One carve-out: monetary assessments reimbursing the Commission's administrative, investigative and legal costs under 43-40-25(a)(6) are not fines and are not squeezed under the $5,000.00 limit.
Citations and letters of findings
O.C.G.A. 43-40-25.2(a) makes citations and letters of findings alternatives to the sanctions in 43-40-25(a), and provides that neither shall be construed as a disciplinary sanction.
- A citation order becomes final 30 days after service unless a hearing is requested. Citations may impose fines, capped at $5,000.00 in any one citation.
- A letter of findings is confidential, does not appear on the license history, is not a public record, and is not subject to subpoena in a civil action. It is available where the apparent violation appears to have done no harm to a third party or the public, and it imposes no fine.
Treating either as a sanction on the license history is exactly the error the statute forecloses. Ten days is the finality period for a cease and desist order against unlicensed activity, not for a citation.
The three-year investigation limit
O.C.G.A. 43-40-27(a) bars the Commission from investigating an act that occurred more than three years before the investigation is initiated — with exceptions. The Commission may still investigate:
- Matters involving an applicant.
- Allegations of fraudulent conduct or mishandling of fiduciary funds.
- Possible violations litigated in or arising from litigation in the courts.
So four-year-old conduct in those categories may still be investigated. The limitation applies alike to investigations begun on the Commission's own motion and on a sworn written request, and consent plays no part: the exceptions are defined by subject matter.