Chapter 672-7 REMOVAL OF UNAUTHORIZED OUTDOOR ADVERTISING
The following terms, as used in the Rules of this Chapter,
shall have the following meanings unless the context thereof indicates to the
contrary:
| (a) |
"Department": The
Department of Transportation of the State of Georgia. |
| (b) |
"Engineer": The Chief Engineer, acting
directly or through a duly authorized representative, such representative
acting within the scope of the particular duties assigned to him and within the
authority given him. |
| (c) |
"General
Office": Georgia Department of Transportation, 600 West Peachtree Street, N.W.,
Atlanta, GA 30308. |
| (d) |
"Outdoor
Advertising" or "Sign": The "Outdoor Advertising" or "Sign" as defined in
O.C.G.A. § 32-6-71(14).
|
| (e) |
"Unauthorized Sign": Any sign
for the erection or maintenance of which a permit is required but has not been
obtained. |
When the Department believes that a sign has been erected or is
being maintained without authorization, the Department shall notify the sign
owner by certified mail and the landowner by copy, of the right to request an
Administrative Hearing in accordance with O.C.G.A. § 32-6-70,
et seq. (Ga. Laws 1973, pp. 947, 1071) as amended, and the
Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as
amended.
The Department shall request an administrative hearing through
the Office of State Administrative Hearings. The Administrative Law Judge (ALJ)
shall under the provisions of the Georgia Administrative Procedure Act (Ga. L.
1964, p. 338, as amended), determine the applicability of the Department Rules
and Georgia Law to the facts and issues presented at the administrative
hearing. The ALJ shall issue an order which will become a final decision either
at the end of thirty days if no appeal is sought, or after the final decision
on agency review. If either party does not appear within fifteen minutes of the
scheduled time or request a postponement in advance, the right to an
administrative determination shall be forfeited. A judgment will be entered by
default in accordance with O.C.G.A. § 50-13-13(a)(4).
Said default may, within fifteen (15) days from the date of the order, be
opened for providential cause preventing the appearance of the party at the
hearing at the assigned date and time, or for excusable neglect or when the ALJ
in his discretion from all the facts shall determine that a proper case has
been made for the default to be opened. If it is determined by the ALJ that
justification does not exist for opening the default, the initial judgment
shall stand as the final agency decision.
The Department is authorized by O.C.G.A. §§ 32-6-91
through
32-6-94,
to seek prosecution and injunctions prescribed therein and may proceed under
same in addition to or in lieu of the remedies set forth under the Georgia
Administrative Procedure Act (Ga. L. 1964, p. 338), as
amended.
