§ 2-8-208. No Individual Liability
The members and employees of the commission shall not be held individually responsible to any dealer or distributor or to any other person for errors in judgment, mistakes, or other acts as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such member, person, or employee shall be […]
§ 2-8-209. Marketing Orders; Public Hearings
The commission is authorized to issue, administer, and enforce marketing orders. Whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article with respect to propane, it shall give due notice of and an opportunity for a public hearing either in person […]
§ 2-8-210. Recommendation for Promulgation of Marketing Order; Prohibition Against Lobbying; Administrative Expenses; Costs
If, upon the basis of the record of testimony and documentary evidence received at the hearing as provided for in Code Section 2-8-209 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order will tend to effectuate the intent and purpose […]
§ 2-8-211. Requirement for Referendum; Voters and Voting Rights; Approval; Record Keeping; Confidentiality
No marketing order issued pursuant to this article shall be made effective by the commission until a referendum thereon is held. The commission shall determine: The amount of the proposed assessment established by the marketing order; The time and place of the referendum; Procedures for conducting the referendum and the counting of votes; The proposed […]
§ 2-8-212. Opt Out by Dealers
A dealer can opt out of this article only once per year between September 1 and September 30. Any dealer who opts out of this article in accordance with this Code section shall not be eligible to receive the benefit of any marketing order for a period of one year following the date of his […]
§ 2-8-213. Referendum Vote on Continuation of Commission
A referendum shall be held once every five years to vote on the continuation of the commission. For the results to be valid, at least 50 percent of the eligible dealers in this state must vote, and if more than 50 percent of the dealers voting vote in favor of continuing the commission, then the […]
§ 2-8-214. Assessments as Personal Debt; Cumulative Nature of Penalties
Any assessment established in accordance with this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. If such person fails to pay any such assessment, the commission may file an action against such person in a […]
§ 2-8-215. Civil Penalty for Violations
Any person who violates any provision of this article or any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after […]
§ 2-8-216. Actions Brought by Attorney General; Injunctions and Specific Performance; Incurring and Payment of Costs
The Attorney General of this state shall, upon complaint by the commission, or may, after examining the complaint and the evidence and believing that a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including the specific performance of any marketing […]
§ 2-8-217. Attorney General or Prosecuting Attorney to Bring Actions; Administrative Hearings; Response to Finding Violation
The commission on its own motion or upon the complaint of any interested party may refer to the Attorney General of this state or to any prosecuting attorney of this state any charges of a violation of any provision of this article or of any marketing order or any rule or regulation issued by the […]