Georgia Administrative Code

Upon service of notice of adverse action, an officer or applicant, within thirty (30) calendar days, must request to be heard and, under oath, answer and respond to the notice of adverse action by either admitting or denying each and every allegation presented in the case summary…

The Council or Hearing Officer designated by the Council may deny or dismiss a request to be heard for the following reasons: (a) It has been withdrawn by the affected party; (b) If the affected party or his/her representative fails to appear at a hearing or settlement conference…

1. Prior to referral to the Office of State Administrative Hearings, a pre-hearing conference will be held if the officer or applicant has made a request to be heard. The officer (and his or her counsel, if any), a member of the POST Council staff and an Assistant Attorney Genera…

The Hearing Officer (Administrative Law Judge) shall be appointed by the Chief Administrative Law Judge of the Office of State Administrative Hearings (O.S.A.H.), and shall have all the power and authority set forth in O.C.G.A. §50-13, and may preside at any conferences, reviews,…

Any and all documents under these Rules are the exclusive property of the Council and shall be surrendered upon demand pursuant to proceedings under these Rules.

(a) Any initial decision of the hearing officer not identical to P.O.S.T. Council's initial action shall automatically be reviewed by the Council. Any review of an initial decision of the hearing officer shall be limited to the record. In the event either party wishes to present …

All appeals from final Council action shall be filed in accordance with O.C.G.A. 35-8-.7.2. (a) A copy of any petition for judicial review brought by an officer or applicant shall be provided to the Office of State Administrative Hearings and the State Department of Law simultane…

Any interested person may petition the Council requesting the promulgation of a Rule or the amendment or repeal of a Rule already in force, as contemplated in the Administrative Procedure Act. (O.C.G.A. 50-13-9).

Each such petition shall be filed with the Council in writing and shall set forth: (a) the name and post office address of the Petitioner; (b) the full text of the Rule requested to be amended or repealed, or the full text of the Rule desired to be promulgated; (c) a paragraphed …

Upon receipt of the petition, the Chairman, Vice-Chairman, or Secretary of the Council, shall give the petition due consideration and present it to the Council, who shall decide upon the action to be taken. Within thirty days after the next Council meeting, the Council shall info…

Peaches.

The entire State of Georgia.

(1) Research. (2) Promotion. (3) Education. (4) Establishing grading standards of quality, including a requirement that no peaches be offered for sale other than the following grades: U.S. Fancy, U.S. No. 1, and U.S. No. 2; including the authority of the Commission to prohibit th…

The extent of operation under the statutory authority shall be as determined by the Commission within the limitations of the statutory authority. The Commission shall have the right to determine the activities of the Commission and the expenditure of funds under any one or all of…

The term of operation under this Order shall be for the year beginning July 1, 1961, and ending June 30, 1962, and from year to year thereafter until terminated by law.

(1) The approval of this Order shall be by written assent of the producers as authorized and provided by Section 14(a), Ga. L. 1961, p. 301 as amended. The approval by producers shall be in an amount not less than 65 per cent of the producers who produce not less than 51 per cent…

Written assents or rejections shall be received by the Commission during the period of June 13, 1961, through July 25, 1961, with the authority of the Commission to declare this Order approved upon the receipt of the requisite number of assents from producers who produce the requ…

This Order shall apply to all producers of peaches in this State who produce commercially packed and processed peaches for sale within and without the State, and in addition thereto, the provisions of the Order, relating to grading, selling and marketing of peaches, shall be appl…

(1) Projects, undertakings and expense incurred under this Order shall be financed by an assessment and levy of not more than ten cents (10¢) per bushel (50 lbs.) on all packed fruit for sale as fresh fruit. "Packed" means the specific arrangement by size, weight, count or grade …

(1) The levy and assessment provided by this Order shall be collected from producers. As an aid in such collection, handlers, sales agents, packers and processors shall deduct the amount of such levy and assessment from each payment made to the producer and they shall remit the s…

The Commissioner of Agriculture shall administer and enforce the provisions of this Order, particularly as to the collection of levies and assessments.

The Commission is hereby authorized to expend funds of the Commission as it deems necessary to defray the costs and expenses incurred under this Order. The Commission is further authorized to expend funds to defray the actual costs and expenses of the Commission, including employ…

The Commission may enter into contracts as it deems necessary and advisable in the performance of its duties under the provisions of this Order, including, but not limited to, contracts with the Georgia Peach Council and for the performance of duties and services, as the Commissi…

It shall be the duty and responsibility of each affected person to keep adequate records that show the true amount of peaches produced, sold or purchased by him, and to make such records available for inspection and audit by the Commission and the Commissioner.

Pecans.

The entire State of Georgia.

(1) Research--(Production and Market Development). (2) Promotion. (3) Education.

The extent of operation under the statutory authority shall be as determined by the Commission within the limitations of the statutory authority. The Commission shall have the right to determine the activities of the Commission and the expenditure of funds under any one or all of…

The term of operation under this Order shall be for a three year period beginning September 1, 1995 and ending August 31, 1998, unless extended as provided by law.

(1) The approval of this order shall be by referendum of the affected producers as authorized and provided by O.C.G.A. 2-8-23 paragraphs (3) and (5). (2) The approval shall be determined by the Commission at the close of such referendum period or provided by O.C.G.A. 2-8-23 parag…

In the event the Commission, after a public hearing, determines that a referendum shall be held, a thirty (30) day period shall be set during which time ballots shall be received. The Commission has the authority to declare this order approved upon the results of tabulation revea…

This Order shall apply to all producers of pecans for sale within and without this state who have 30 acres or more of pecan trees planted in a grove-like manner.

(1) Projects, undertakings and expense incurred under this Order shall be financed by an assessment and levy of not more than one (1¢) cent per pound on in-shell pecans produced in this state for sale. The assessment and levy shall be against the affected producers of pecans. Upo…

(1) The levy and assessment provided by this Order shall be collected from affected producers. As aid in such collection, buyers, handlers, distributors, sales agents, and processors shall deduct amount of such levy and assessment from each payment made to the affected producer a…

The Commissioner of Agriculture shall administer and enforce the provisions of this Order, particularly as to the collection of levies and assessments.

The Commission is hereby authorized to expend funds of the Commission as it deems necessary to defray the costs and expenses incurred under this Order. The Commission is further authorized to expend funds to defray the actual costs and expenses of the Commission, including employ…