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(a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker in Georgia at the time the alleged cause of action arose.
(b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any person acting in the broker's behalf was duly licensed in Georgia at the time the alleged cause of action arose.
(c) No broker shall bring or maintain any action against another broker nor shall any affiliated licensee bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee in Georgia at the time the alleged cause of action arose.
(d) The commission by and through its commissioner may bring an action for any violation of this chapter.
1. A provider who receives payment to which the provider is not entitled by reason of a violation of NRS 422.540, 422.550, 422.560 or 422.570 is liable for:
(a) An amount equal to three times the amount unlawfully obtained;
(b) Not less than $5,000 for each false claim, statement or representation;
(c) An amount equal to three times the total of the reasonable expenses incurred by the State in enforcing this section; and
(d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made pursuant to the Plan.
2. A criminal action need not be brought against the provider before civil liability attaches under this section.
3. A provider who unknowingly accepts a payment in excess of the amount to which the provider is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the provider returned or attempted to return the amount which was in excess of that to which the provider was entitled within a reasonable time after receiving it.
4. The Attorney General shall cause appropriate legal action to be taken on behalf of the State to enforce the provisions of this section.
5. Any penalty or repayment of money collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the Department.
Cite this article: FindLaw.com - Georgia Code Title 43. Professions and Businesses § 43-40-24 - last updated April 14, 2021 | https://codes.findlaw.com/ga/title-43-professions-and-businesses/ga-code-sect-43-40-24/
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