Marketing orders; public hearings

(a) The commission is authorized to issue, administer, and enforce marketing orders. (b)(1) 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 thereon. (2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the City of Atlanta and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy or communicate electronically such notice of hearing and a copy of such proposed marketing order or proposed amendments to all dealers and distributors of propane whose names and addresses are on file with the commission. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ (3) The hearing shall be public, and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of 434 2-8-211 the commission have been afforded an opportunity to review the hearing record. When the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of such hearings. History. — Code 1981, § 2-8-209, enacted by Ga. L. 2019, p. 91, § 1/HB 512. 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 of this article, it may recommend the promulgation of a marketing order with respect to the matters specified in the hearing notice and supported by the record; such order shall account for provisions to promote propane education, training, safety compliance, equipment replacement for low-income customers, marketing, advertising, promotion, and customer rebates to encourage energy-efficient appliance and equipment purchases by residential, commercial, industrial, motor fuel or agricultural consumers. No funds collected pursuant to this article shall be used in any manner for lobbying or for influencing state or federal legislation. No more than 10 percent of the funds collected and no less than the actual administrative expense pursuant to this article shall be used for administrative expenses relating to the expenditure of the funds. The commission may advance costs of conducting referenda pursuant to this article and reimburse those costs from the assessment funds. History. — Code 1981, § 2-8-210, enacted by Ga. L. 2019, p. 91, § 1/HB 512. 2-8-211. Requirement for referendum; voters and voting rights; approval; record keeping; confidentiality. (a)(1) No marketing order issued pursuant to this article shall be made effective by the commission until a referendum thereon is held. (2) The commission shall determine: (A) The amount of the proposed assessment established by the marketing order; (B) The time and place of the referendum; 435 2-8-211 (C) Procedures for conducting the referendum and the counting of votes; (D) The proposed effective date for the imposition of the assessment established by the marketing order, which shall be no be less than 90 days from the date the referendum ballot is required to be returned to the commission in order to be considered on the question presented; and (E) Any other matters pertaining to the referendum. (b) The amount of the proposed assessment established by the marketing order shall be stated on the referendum ballot. The amount may not exceed four-tenths of one cent for each gallon of propane sold in this state by distributors to dealers. (c) All dealers may vote in the referendum. Each dealer shall have one vote. Any dispute over eligibility to vote or any other matter relating to the referendum shall be resolved by the commission. The commission shall make reasonable efforts to provide all dealers with notice of the referendum and an opportunity to vote. (d) A proposed assessment shall become effective if more than 50 percent of the eligible dealers in the state vote and more than 50 percent of the eligible votes cast by the dealers are cast in favor of the assessment. If the assessment is approved by the referendum, then the commission shall notify the department of the amount and the effective date of the assessment. The department shall notify all dealers of the assessment. (e)(1) Each distributor, as the owner of propane at the time of odorization, or at the time of import of odorized propane, shall make the assessment based on the volume of odorized propane sold in this state and placed in commerce in this state. (2) Each distributor shall collect the assessment from the dealer to whom the sale is made and shall remit to the commission the sum of the amount of the assessment multiplied by the number of gallons of propane sold to any dealer during the assessment period. (f ) A distributor shall keep records of the number of gallons of propane sold to dealers. All documents or records regarding purchases and sales shall be made available to the commission upon its written request for the purpose of determining the distributor’s compliance with the provisions of this article. The commission shall keep the records confidential and shall not disclose the records except to its accountants, attorneys, or financial advisors without a court order directing it to do so. 436 2-8-214 History. — Code 1981, § 2-8-211, enacted by Ga. L. 2019, p. 91, § 1/HB 512. 2-8-212. Opt out by dealers.