As used in this article, the term: “Commission” means the Agricultural Commodity Commission for Propane created under this article. “Dealer” means any person to whom the office of the Commissioner of Insurance issues a liquid propane license. The term shall not include any person who offers for retail sale propane in containers of less than […]
The Agricultural Commodity Commission for Propane is hereby created. The commission shall be organized and constituted, have corporate existence, possess powers and duties, and be governed and controlled as provided in this article. History. Code 1981, § 2-8-201 , enacted by Ga. L. 2019, p. 91, § 1/HB 512.
The commission shall be composed of: Three members elected by the House Committee on Agriculture and Consumer Affairs with a quorum present and a majority of those present concurring, each of whom shall be a dealer or distributor and shall not be a member of the General Assembly; Three members elected by the Senate Agriculture […]
The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and shall be paid from the funds of the commission. The Attorney General shall represent […]
The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall assume the duties and exercise the authority provided in this article without […]
The commission is authorized, and it shall be its duty to receive, collect, and disburse the funds of the commission. History. Code 1981, § 2-8-205 , enacted by Ga. L. 2019, p. 91, § 1/HB 512.
Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as that of the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom. It is the […]
Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of such funds. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the commission shall be signed by the chairperson of the […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission […]
The department shall promulgate rules for the administration and enforcement of this article. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”. History. Code 1981, § 2-8-219 , enacted by Ga. L. 2019, p. 91, […]
