reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.10 - Hemp Processor Compliance Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) Processors may be subject to compliance
				inspections.
(2) The Processor's
				operational procedures, documentation, recordkeeping, and other practices may
				be verified during the compliance inspection.
(3) The Department may assess whether
				required reports, records, and documentation are being properly maintained and
				may assess accuracy and completeness.
(4) If during a compliance inspection the
				Department determines that the Processor is not in compliance with the Georgia
				Hemp Farming Act or these Rules, the Department will require a Corrective
				Action Plan. The Processor's implementation of a Corrective Action Plan will be
				reviewed by the Department during future compliance inspections.
(5) Compliance inspections may be unannounced
				and conducted at any time during regular business hours. The Department will
				have complete and unrestricted access during business hours to all hemp, hemp
				products, land, buildings and other structures used for the processing and
				handling of hemp. The Department will also have complete and unrestricted
				access to any and all records, documents, and information required to be kept
				and maintained in accordance with these Rules.
O.C.G.A.
				  §
											2-23-12.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-32 - HEMP GROWERS AND PROCESSORS › Subject 40-32-3 - HEMP PROCESSORS › Rule 40-32-3-.11 - Violations and Enforcement

Current through Rules and Regulations filed through June 27, 2024
(1) Violations include, but are not limited
				to, the following:
(a) Processing or handling
				hemp or hemp products without a Hemp Processor Permit from the
				Department;
(b) Processing or
				handling any cannabis that is not hemp;
(c) Processing or handling hemp or hemp
				products that exceeds the acceptable hemp THC level;
(d) Processing hemp that was not lawfully
				produced under a State or Tribal hemp plan approved by the USDA, under a hemp
				license issued by USDA, or under
				7 U.S.C.
				5940 through the State or territory of the
				Indian Tribe, as applicable;
(e)
				Selling, transferring, shipping, transporting, delivering, distributing, or
				otherwise providing hemp or hemp products that exceeds the acceptable hemp THC
				level;
(f) Processing or handling
				hemp or hemp products at a facility not approved by the Department as part of
				the Hemp Processor Permit;
(g)
				Allowing unsupervised public access to hemp processing or handling areas,
				including storage areas;
(h)
				Denying any Department or law enforcement official access for compliance,
				sampling, or inspection purposes;
(i) Failure to keep and maintain any records,
				documents, or information required by these Rules;
(j) Failure to make any timely report
				required by these Rules;
(k)
				Failure to comply with any transportation requirement established by these
				Rules;
(l) Failure to comply with
				any Permittee Restriction;
(m)
				Failure to comply with any Processor Permit Term or Condition; and
(n) Failure to comply with, or any violation
				of, any other provision of the Georgia Hemp Farming Act or these
				Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which the Rule was originally filed and its effective date, as well as the date on which any amendment or repeal was filed and its effective date. Principal abbreviations used in the Administrative History are as follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control number)
Ch. - Chapter (Abbreviated only at the beginning of the control number)
ER. - Emergency Rule
Rev. - Revised
Note: Emergency Rules
are listed in each Rule's Administrative History by Emergency Rule number, date filed and effective date. The Emergency Rule will be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule is adopted, as specified by the Agency.
Chapter 41-1 entitled "Marketing Order for Beef" adopted. F. Jun. 16, 2014; eff. Jul. 6, 2014.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purpose of this Marketing Order,"Beef" means any bovine animal.
O.C.G.A §
									2-8-13.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.04 - Scope of Operation

Current through Rules and Regulations filed through June 27, 2024
(1) Research.
(2) Promotion.
(3) Education.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.05 - Extent of Operation

Current through Rules and Regulations filed through June 27, 2024
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 areas permitted under statutory authority.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.06 - Term of Operation

Current through Rules and Regulations filed through June 27, 2024
The term of operation under this Order shall be for a three year period.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.07 - Method of Approval

Current through Rules and Regulations filed through June 27, 2024
(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(a)(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(a)(3) and (5).
(3) The approval or disapproval of affected producers shall be upon an individual producer basis.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.08 - Time for Approval

Current through Rules and Regulations filed through June 27, 2024
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 the tabulation revealing the requisite numbers of favorable ballots from producers.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.09 - Affected Producers

Current through Rules and Regulations filed through June 27, 2024
This Order shall apply to all producers of bovine animals within this State.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.10 - Method of Finance

Current through Rules and Regulations filed through June 27, 2024
(1) Projects, undertakings and expenses incurred under this Order shall be financed by an Assessment and levy of one dollar ($1.00) per head on bovine animals sold for $100.00 or more. No assessment shall be placed on any bovine animal which sells for less than $100.00. Upon approval of the requisite number of affected producers and effective date of July 1, 2014, a levy assessment of one dollar ($1.00) per head of cattle sold is hereby made. Such levy shall continue of force and effect until this Order is suspended, extended, or expires.
(2) To the end that the Commission shall have such funds to defray expenses pending the collection of such funds under the levy and assessment herein provided, the Commission shall be authorized to borrow money and hypothecate anticipated collections as authorized by O.C.G.A. §
								2-8-27(d).
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.11 - Method of Collection

Current through Rules and Regulations filed through June 27, 2024
(1) The levy and assessment provided by this Order shall be collected from all affected 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 same to the Commissioner of Agriculture for the account of the producer.
(2) Buyers who resell cattle no more than ten (10) days from the date of purchase may file with the Commission a non-producer status form.
(3) The Commissioner is authorized in the collection of funds to adopt and utilize a reporting and auditing method of collecting the levy and assessment provided herein.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.12 - Administration and Enforcement

Current through Rules and Regulations filed through June 27, 2024
The Commissioner of Agriculture shall administer and enforce the provisions of this Order, particularly as to the collection of levies and assessments.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.13 - Expenditure of Funds

Current through Rules and Regulations filed through June 27, 2024
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 employees, special committees, advisory boards and individuals to aid, advise and assist the Commission in the performance of its duties.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.14 - Contracts

Current through Rules and Regulations filed through June 27, 2024
The Commission may enter into contracts as it deems necessary and advisable in the performance of its duties under the provisions of this Order for the performance of duties and services, as the Commission shall deem necessary and proper.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 41 - AGRICULTURAL COMMODITY COMMISSION FOR BEEF › Chapter 41-1 - MARKETING ORDER FOR BEEF › Rule 41-1-.15 - Records

Current through Rules and Regulations filed through June 27, 2024
It shall be the duty and responsibility of each affected person to keep adequate records that show the true amount of bovine animals produced, sold, or purchased by him, and to make such records available for inspection and audit by the Commissioner.
O.C.G.A §
									2-8-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which the Rule was originally filed and its effective date, as well as the date on which any amendment or repeal was filed and its effective date. Principal abbreviations used in the Administrative History are as follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control number)
Ch. - Chapter (Abbreviated only at the beginning of the control number)
ER. - Emergency Rule
Rev. - Revised
Note: Emergency Rules
are listed in each Rule's Administrative History by Emergency Rule number, date filed and effective date. The Emergency Rule will be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule is adopted, as specified by the Agency.
Chapter 42-1 entitled "Rules of Commission" adopted. Filed Aug. 31, 2020; effective Sep. 20, 2020.
Note:
Rule  42-1-4-.03, correction of non-substantive typographical error in History,
"ntitled "Hearing" adopted. F. Aug. 31, 2020; eff. Sep. 20, 2020."
deleted. Effective October 13, 2020.
Rule  42-1-1-.04  amended. F. May 3, 2021; eff. May 23, 2021.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-1 - GENERAL › Rule 42-1-1-.01 - Administration

Current through Rules and Regulations filed through June 27, 2024
All rules regarding the administration of the Agricultural Commodity Commission for Propane will be promulgated by the Georgia Department of Agriculture. The Commissioner will have the authority to exercise supervisory jurisdiction over the administration and enforcement of these Rules.
O.C.G.A. §§
											2-8-12, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-1 - GENERAL › Rule 42-1-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in these Rules, the term:
(1) "Act" means the Georgia Agricultural Commodities Promotion Act.
(2) "Commission" means the Agricultural Commodity Commission for Propane created under the Act.
(3) "Commissioner" means the Georgia Commissioner of Agriculture.
(4) "Dealer" means any person to whom the office of the Commissioner of Insurance issues a liquid propane license. The term will not include any person who offers for retail sale propane in containers of less than 50 pounds water capacity and whose business does not involve the filling or transportation of such containers.
(5) "Department" means the Georgia Department of Agriculture.
(6) "Distributor" means any person engaged in the business of selling propane to a dealer in the state.
(7) "Marketing order" means an order issued pursuant to the Act and these Rules establishing an assessment for financing the programs established under the Act and these Rules.
(8) "Person" means an individual, sole proprietorship, partnership, limited partnership, firm, corporation, limited liability company, association, or any other business entity, or combination thereof.
O.C.G.A. §§
											2-8-200, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-1 - GENERAL › Rule 42-1-1-.03 - Meetings

Current through Rules and Regulations filed through June 27, 2024
Robert's Rules of Order will govern the parliamentary procedures during all Commission meetings.
O.C.G.A. §
											2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-1 - GENERAL › Rule 42-1-1-.04 - Office of the Commission

Current through Rules and Regulations filed through June 27, 2024
The office address of the Commission is posted on the Commission's website,
www.gapropanecommission.org
.
O.C.G.A. §
											2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-2 - ORGANIZATION › Rule 42-1-2-.01 - Creation and Structure

Current through Rules and Regulations filed through June 27, 2024
(1) The Commission will be composed of seven members. Three members will be elected by the House Committee on Agriculture and Consumer Affairs; three members will be elected by the Senate Committee on Agriculture and Consumer Affairs; and one member will be elected by a majority of the members of the Commission. Each member must be a dealer or distributor and must not be a member of the General Assembly.
(2) The Commission will name its chairperson and determine a quorum for conducting business.
(3) A majority of the number of members will constitute a quorum. If less than a majority is present at a meeting, then a majority of the members present may adjourn the meeting without further notice.
(4) The officers of the Commission will be a chairperson, vice-chairperson, secretary, and treasurer. Each officer will hold office until his or her qualified successor is chosen. A vacancy in an office will be filled by a member elected by a majority of the members.
(5) The term of office for members is three years beginning on January 1, 2020. A member may serve a maximum of six continuous years; following which time, the member must vacate office for one year before being reconsidered for office. Initial members will serve one term of office, which will be staggered to provide rotation during each successive year; and these initial members may be considered for a full second term.
(6) Members will be divided into the following three classes: Class A, Class B, and Class C. Class A members will serve one year; Class B members will serve two years; and Class C members will serve three years. The member appointed by the other Commission members will be considered a Class C member, while the six remaining members will be divided evenly between the three classes.
(7) A member may resign at any time by mailing or delivering written notice to the Commission chairperson. Any member who ceases to be eligible will be deemed to resign upon the loss of eligibility.
(8) A member may be removed for good cause by a majority vote of the disinterested members at a meeting for which notice of a vote to remove the member was properly given.
(9) A membership vacancy will be filled in the same manner as that of the original election of the member. Any person selected to fill a vacancy will serve for the remainder of the unexpired term.
(10) A referendum must 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 Commission will continue for another five years.
O.C.G.A. §§
											2-8-201, 2-8-202, 2-8-213, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-2 - ORGANIZATION › Rule 42-1-2-.02 - Powers

Current through Rules and Regulations filed through June 27, 2024
The Commission may:
(1) Accept donations, gifts, and other property and use these for Commission purposes;
(2) Acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the Commission, to sell, lease as lessor, transfer, or dispose thereof or exchange the same for other property or rights which are useful for its purposes;
(3) 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 these services will be fixed by the Commission and must be paid from the funds of the Commission; and
(4) Issue, administer, and enforce marketing orders whenever it has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of the Act.
O.C.G.A. §§
											2-8-203, 2-8-209, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-3 - FUNDS AND EXPENSES › Rule 42-1-3-.01 - Funds

Current through Rules and Regulations filed through June 27, 2024
(1) The Commission is authorized, and it will be its duty to receive, collect, and disperse the funds of the Commission.
(2) Funds received by the Commission must be held in trust for the Commission. Such funds must be deposited, accounted for, and disbursed in the same manner as that of the funds of this state but will not be required to be deposited in and appropriated from the state treasury.
(3) Any persons who handle funds on behalf of the Commission must be bonded with good and sufficient surety in an amount determined by the Commission for the accounting of such funds.
(4) All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Commission must be signed by the chairperson of the Commission.
O.C.G.A. §§
											2-8-205, 2-8-206, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-3 - FUNDS AND EXPENSES › Rule 42-1-3-.02 - Administrative Expense Exclusions

Current through Rules and Regulations filed through June 27, 2024
The following are administrative expenses excluded from the percentage restrictions:
(1) Marketing order program and project costs;
(2) Referendum costs;
(3) Costs to compel compliance with an assessment;
(4) Determination and imposition of late payment charges;
(5) Management of investment of funds pending disbursement; and
(6) Start-up costs.
O.C.G.A. §§
											2-8-210, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-4 - MARKETING ORDERS › Rule 42-1-4-.01 - Issuance of Marketing Order

Current through Rules and Regulations filed through June 27, 2024
(1) If the Commission determines that the issuance of a marketing order will tend to effectuate the intent and purpose of the Act and these Rules, the Commission may recommend the promulgation of a marketing order with respect to the matters specified in the hearing notice and supported by the record.
(2) A marketing order must 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 customers.
(3) No more than 10 percent of the funds collected and no less than the actual administrative expense incurred pursuant to the Act and these Rules shall be used for administrative expenses relating to the expenditure of the funds.
(4) The Commission may advance costs of conducting referenda pursuant to Georgia law and Rules and reimburse those costs from the assessment funds.
O.C.G.A. §§
											2-8-209, 2-8-210, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-4 - MARKETING ORDERS › Rule 42-1-4-.02 - Referendum

Current through Rules and Regulations filed through June 27, 2024
(1) To issue an effective marketing order pursuant to the Act and these Rules, the Commission must hold a referendum on the issuance of the marketing order.
(2) The Commission will determine:
(a) The amount of the proposed assessment established by the marketing order;
(b) The time and place of the referendum;
(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 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.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-4 - MARKETING ORDERS › Rule 42-1-4-.03 - Opt-Out Provisions

Current through Rules and Regulations filed through June 27, 2024
(1) A dealer may opt out of participating with the marketing orders established by the Commission only once per year between September 1 and September 30.
(2) Any dealer who opts out in accordance with the Act and these Rules will not be eligible to receive the benefit of any marketing order for a period of one year following the date of his or her request to opt out and will not be entitled to the payment of any interest by the Commission on the amount refunded.
(3) Any dealer who opts out must notify the Commission in writing during the opt-out window.
(4) A dealer who opts out must submit the Refund Request form provided by the Commission to receive refunds of assessments remitted to the Commission by Distributors. Refunds may be requested quarterly after the 25th of the month following the end of the prior quarter.
O.C.G.A. §§
											2-8-212, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-5 - ASSESSMENTS › Rule 42-1-5-.01 - Responsibilities of Distributors

Current through Rules and Regulations filed through June 27, 2024
(1) Each distributor, as the owner of propane at the time of odorization or at the time of import of odorized propane, must make the assessment based on the volume of odorized propane sold in the state and placed in commerce in the state.
(2) Each distributor must collect the assessment from the dealer to whom the sale is made and must 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.
(3) Assessments must be remitted to the Commission quarterly no later than the 25th day of the month following the end of the prior quarter.
(4) A distributor must keep records of the number of gallons of propane sold to dealers. All documents or records regarding purchases and sales must be made available to the Commission upon its request for the purpose of determining the distributor's compliance with the provisions of the Act and these Rules. The Commission will keep the records confidential and will not disclose the records except to its accountants, attorneys, or financial advisors without a court order directing it to do so.
O.C.G.A. §§
											2-8-211, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-5 - ASSESSMENTS › Rule 42-1-5-.02 - Payment and Collection of Assessments

Current through Rules and Regulations filed through June 27, 2024
(1) Any assessment established in accordance with the Act and these Rules will constitute a personal debt of every person so assessed and will be due and payable to the Commission when payment is called for by the Commission. If the person fails to pay the assessment, then the Commission may file an action against the person in a court of competent jurisdiction for collection of the assessment.
(2) If a person duly assessed fails to pay to the Commission the amount assessed, then the Commission may add to the unpaid assessment an amount not exceeding 10 percent of the unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment.
(3) These provisions will be cumulative, and any other remedies may be pursued concurrently until satisfaction is obtained.
(4) Any penalty recovered will become a part of the principal assessment levied and will be for the use of the Commission.
O.C.G.A. §§
											2-8-214, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-6 - PUBLIC HEARINGS › Rule 42-1-6-.01 - Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
A notice of any hearing called for such purpose must 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 public hearing shall be held prior to five days after the last day of such period publication. The Commission must also mail or electronically communicate a copy of the notice and a copy of the proposed marketing order or proposed amendments to all dealers and distributors of propane whose names and addresses are on file with the Commission.
O.C.G.A. §§
											2-8-209, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE › Chapter 42-1 - RULES OF COMMISSION › Subject 42-1-6 - PUBLIC HEARINGS › Rule 42-1-6-.02 - Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) All hearings must be public, and all testimony must be received under oath.
(2) A full and complete record of the proceedings at a hearing must be made and maintained on file in the office of the Commission.
(3) A 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 will be made based on hearings conducted other than by the Commission itself, at which a majority of the Commission members are present, until the Commission members have been afforded an opportunity to review the hearing record.
(4) When the Commission conducts a hearing, its recommendations must be based on findings reached after a review of the record of the hearing.
O.C.G.A. §§
											2-8-209, 2-8-219.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which the Rule was originally filed and its effective date, as well as the date on which any amendment or repeal was filed and its effective date. Principal abbreviations used in the Administrative History are as follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control number)
Ch. - Chapter (Abbreviated only at the beginning of the control number)
ER. - Emergency Rule
Rev. - Revised
Note: Emergency Rules
are listed in each Rule's Administrative History by Emergency Rule number, date filed and effective date. The Emergency Rule will be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule is adopted, as specified by the Agency.
Chapter 40-1 entitled "Organization of Council" was adopted. F. May 18, 2012; eff. Jun. 7, 2012.
Chapter 40-2 entitled "Council Procedures" was adopted. F. May 18, 2012; eff. Jun. 7, 2012.
Chapter 40-3 entitled "Rules for American Indian Remains and Burial Objects Held by Museums" was adopted. F. May 18, 2012; eff. Jun. 7, 2012.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-1 - ORGANIZATION OF COUNCIL › Rule 45-1-.01 - Mission Statement

Current through Rules and Regulations filed through June 27, 2024
The mission of the Georgia Council on American Indian Concerns is to preserve and foster the culture, heritage and well being of Georgia Indians
O.C.G.A. §
									50-13-3(a)(1), 44-12-283.2.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-1 - ORGANIZATION OF COUNCIL › Rule 45-1-.02 - Contacting the Council

Current through Rules and Regulations filed through June 27, 2024
Requests for information, submissions to, or other requests of the Council may be directed as follows:
Georgia Council on American Indian Concerns
c/o Department of Natural Resources
2 Martin Luther King, Jr., Drive, S.E.,
Suite 1352 East
Atlanta, Georgia 30334-9000.
Website:
www.georgiaindiancouncil.org
O.C.G.A. §
									50-13-3(a)(1), 44-12-283.2.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-2 - COUNCIL PROCEDURES › Rule 45-2-.01 - Rules of Procedure for Regular Council Meetings

Current through Rules and Regulations filed through June 27, 2024
Regular meetings of the Council shall be conducted, to the extent practicable, in accordance with Robert's Rules of Order, 10th edition, 2000, which are hereby adopted as the Rules of Procedure for conducting such meetings. The Council Chair, or the Council member acting in that capacity, shall have the authority to make rulings regarding procedural matters and issues coming before the Council. Once a quorum is established, a majority of those present and voting may alter, amend, or reverse any such procedural ruling. A copy of Robert's Rules of Order shall be maintained by the Secretary of the Council and shall be available at all regular meetings.
O.C.G.A. §
									50-13-3(a)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-2 - COUNCIL PROCEDURES › Rule 45-2-.02 - Procedure to Petition for Adoption of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Any interested person desiring to petition the Council requesting the promulgation, amendment or repeal of a rule shall submit three copies of the petition, in writing, to the Georgia Council on American Indian Concerns, c/o Department of Natural Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1352 East, Atlanta, Georgia 30334-9000.
No special form of petition shall be required but the petition shall state fully the rule involved, the reason for the desired change, any parties who it is known will be affected by the change, and any additional facts known to the petitioner which might influence the decision of the Council to initiate or not initiate rulemaking.
(2) The Council shall act upon the petition as prescribed in O.C.G.A §
								50-13-9.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-2 - COUNCIL PROCEDURES › Rule 45-2-.03 - Procedure for Declaratory Rulings

Current through Rules and Regulations filed through June 27, 2024
(1) Any person wishing to file a petition for a declaratory ruling as to the applicability of a statute or rule or order shall submit three copies of the petition, in writing, to the Georgia Council on American Indian Concerns, c/o Department of Natural Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1352 East, Atlanta, Georgia 30334-9000.
(2) The petition shall state all the facts, including the names of those parties involved in the fact situation, and shall include a statement of the legal issue sought to be resolved. A declaratory ruling will not be issued on a hypothetical fact situation, and any ruling requested must affect a specific fact situation and specific parties, including the person or persons requesting the ruling. If the parties involved in the fact situation include persons in addition to the person requesting the ruling, the person or persons requesting the ruling shall serve a copy of the petition upon such additional persons by personal delivery or by mail. Service by mail shall be complete upon mailing by first class mail, with proper postage attached, to such person. Every submission shall be accompanied either by an acknowledgement of service from the person served, or his authorized agent for service, or by a certificate of service stating the date, place, and manner of service, and the name and address of the persons served. Any person, including the additional parties served, may seek to participate in a declaratory ruling proceeding in the manner and under the standards provided by O.C.G.A §
								50-13-14.
(3) Upon receiving the petition for a declaratory ruling, the Council shall issue a ruling thereon as promptly as possible. In doing so, the Council may seek the opinion of the Attorney General.
(4) A ruling disposing of a petition for a declaratory ruling shall have the same status as an administrative law judge decision or order in a contested case.
O.C.G.A. §
									50-13-3(a)(1), 44-12-283.2.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "APA" means Georgia Administrative Procedure Act (O.C.G.A. Title 50, Chapter 13).
(2) "Attorney General" means the Attorney General of the State of Georgia.
(3) "Contested Case" means a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing, in accordance with the APA.
(4) "Secretary of State" means the Secretary of State of the State of Georgia.
O.C.G.A. §
									44-12-260, 50-13-3(a)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.02 - Museum Inventories

Current through Rules and Regulations filed through June 27, 2024
(1) Museums were required to complete an inventory of American Indian human remains or burial objects in their possession by July 1, 1997. The deadline for submission of inventories shall now be sixty (60) days after the Council's adoption of the Rules for American Indian Human Remains and Burial Objects Held by Museums as provided in this Chapter 45-1-3. Immediately upon completion, said inventory is to be first-class mailed to the Georgia Council on American Indian Concerns, c/o Department of Natural Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1352 East, Atlanta, Georgia 30334-9000.
O.C.G.A. §
									44-12-261.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.03 - Priority of Ownership for Native American Cultural Items

Current through Rules and Regulations filed through June 27, 2024
(1) For the purpose of identifying ownership of Native American human remains or burial objects the Council suggests that priority be given in the order listed
(a) To the known lineal descendants of a particular Native American Indian Tribe, or
(b) In any case in which such lineal descendants cannot be ascertained
1. To the Indian tribe on whose current tribal land such objects or remains were discovered,
2. To the Indian tribe which has the closest cultural affiliation with such remains or objects, or
3. If the cultural affiliation cannot be reasonably ascertained and if the objects are not subject to Federal Law, Public Law 101-601
(i) To the Indian tribe that is recognized as originally occupying the area in which the objects were discovered, or
(ii) If it can be shown that a different tribe has a stronger cultural relationship with the remains or objects then the Native American Indian Tribe within the State of Georgia that has the strongest demonstrated relationship will retain objects or remains.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.04 - Procedure for Complaints Alleging Violations of O.C.G.A. Secs. 44-12-261 and/or 44-12-262

Current through Rules and Regulations filed through June 27, 2024
(1) All complaints to be considered by the Council shall be filed in writing with the Council and shall contain the following:
(a) The name and address of the complainant(s).
(b) The sworn verification and signature of the complainant.
(c) The name and address of the party or parties against whom the complaint is made.
(d) A clear and concise statement of the facts upon which the complaint is based.
(e) A statement of each specific section of O.C.G.A. §§
									44-12-261 and /or 44-12-262 alleged to have been violated.
(f) Any further information, which might support the allegations in the complaint including, but not limited to, the following:
1. The name and address of all other persons who have firsthand knowledge of the facts alleged in the complaint;
2. Any documentary evidence that supports the facts alleged in the complaint.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.05 - Penalties for Violation of Code Sections 44-12-261 and 44-12-262

Current through Rules and Regulations filed through June 27, 2024
Any museum which fails to comply with the provisions of O.C.G.A §§
								44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the Council. The amount of such penalty shall be based upon:
(a) The archeological, historical, or commercial value of the item involved;
(b) The damages suffered, both economic and noneconomic, by an aggrieved party; and;
(c) The number of violations that have occurred.
In no event shall the aggregate amount of such civil penalty exceed $5,000 for violations stemming from a single occurrence.
O.C.G.A. §§
									44-12-264(a).
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.06 - Notice of Proposed Penalty

Current through Rules and Regulations filed through June 27, 2024
(1) Whenever the Council proposes to subject a person to the imposition of a civil penalty under O.C.G.A §
								44-12-264, the Council shall notify such person in writing:
(a) Setting forth the date, facts, and nature of each act or omission with which the museum is charged;
(b) Specifically identifying the particular provision(s) of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and
(c) Advising of each penalty which the Council proposes to impose and its amount.
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.07 - Opportunity to Respond to Proposed Civil Penalty in Writing

Current through Rules and Regulations filed through June 27, 2024
The person so notified of the proposed penalty shall be granted an opportunity to show the Council in writing, within thirty (30) days of mailing of such notice, why such penalty should not be imposed. To be considered timely, a written response must be received by the Council or mailed by first-class mail, with proper postage attached, and properly addressed to the Council, within thirty (30) days of the mailing of the notice of the proposed civil penalty.
O.C.G.A. §§
									44-12-264(b).
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.08 - Notice of Civil Penalty Determination

Current through Rules and Regulations filed through June 27, 2024
Should the Council determine that the imposition of a civil penalty is warranted for a violation or violations of O.C.G.A. §§
								44-12-261 and /or 44-12-262, the Council shall notify such person in writing. Any person upon whom the Council imposes a civil penalty may file a petition for hearing appealing such penalty. Any imposition of a civil penalty shall be stayed upon the filing of a petition until ten (10) days after the administrative law judge has rendered a decision.
O.C.G.A. §§
									44-12-283.2, 50-13-13; O.C.G.A. §§
									50-13-19(d)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 45 - GEORGIA COUNCIL ON AMERICAN INDIAN CONCERNS › Chapter 45-3 - RULES FOR AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS › Rule 45-3-.09 - Filing for Petitions for Hearing on Civil Penalty Determinations; Time for Filing Petitions; Content

Current through Rules and Regulations filed through June 27, 2024
(1) Any person upon whom the civil penalty is imposed may file a petition within thirty (30) days of the mailing of the notice of the civil penalty determination for a hearing before an administrative law judge assigned by the Office of State Administrative Hearings.
(2) An original and two copies of the petition for hearing shall be filed on 8 1/2 by 11 inch white paper with the Council. If the petition is timely filed, the Council will forward the petition to the Attorney General, who will forward it to the Office of State Administrative Hearings along with OSAH Form 1. Submissions shall be deemed filed on the date by which they are received by first-class mail by the Council. All submissions shall meet the applicable requirements of the OSAH Rules, Chapter 616-1-2.
(3) A petition for hearing shall contain
(a) a copy of the notice for which the hearing is sought,
(b) a statement of the facts on which the civil penalty is challenged,
(c) a statement of the legal authority and jurisdiction under which the hearing is requested,
(d) a statement of the relief requested,
(e) petitioner's full name and address,
(f) the name and address of the petitioner's counsel,
(g) the name and address of all interested persons who may testify.
Compilation of Rules and Regulations of the State of Georgia › Department 49 - AGRICULTURAL COMMODITY COMMISSION FOR APPLES › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which the Rule was originally filed and its effective date, as well as the date on which any amendment or repeal was filed and its effective date.
Chapter 49-1, entitled "Marketing Order for Apples," containing Rules  49-1-.01  through  49-1-.14, was filed and effective on June 30, 1965.
Rule  49-1-.05  and  49-1-.09  have been amended. Filed January 9, 1979; effective January 29, 1979.
Rule  49-1-.05  has been amended. Filed July 2, 1984; effective July 22,1984.
Rule  49-1-.08  has been repealed and a new Rule  49-1-.08  adopted. Filed May 1, 1987; effective May 21, 1987.