Compilation of Rules and Regulations of the State of Georgia Department 42 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE
Here’s a structured overview of the Georgia Compilation of Rules & Regulations Department 42 – Agricultural Commodity Commission for Propane, current through mid‑2025:
📘 Chapter 42‑1: Rules of Commission
1. Administrative Structure (42‑1‑1)
42‑1‑1‑.01 Administration:
The Georgia Department of Agriculture promulgates and enforces all rules for this Commission; the Commissioner of Agriculture exercises supervisory authority. (rules.sos.state.ga.us)
42‑1‑1‑.02 Definitions:
Key terms are defined, including:
“Dealer” – propane licensees, excluding those selling containers under 50 lb and not filling or transporting them
“Distributor” – entities selling propane to dealers
Other terms include “Commission,” “Act,” “Department,” “Marketing order,” and “Person.” (rules.sos.state.ga.us)
42‑1‑1‑.03 Meetings:
Commission meetings adhere to Robert’s Rules of Order. (rules.sos.state.ga.us)
42‑1‑1‑.04 Office of the Commission:
The Commission’s office address (as of May 3, 2021) is 1205 Johnson Ferry Road, Suite 136‑435, Marietta, GA 30068, details listed on its website. (rules.sos.ga.gov)
2. Organization (42‑1‑2)
42‑1‑2‑.01 Creation and Structure:
Seven-member board:
3 elected by House Agriculture Committee
3 by Senate Agriculture Committee
1 by existing members
All must be dealers or distributors, not current legislators
Terms are 3 years (max two terms); initial staggered terms; vacancies filled accordingly
A quinquennial referendum by dealers (≥50% participation, >50% in favor) determines continuation of the Commission. (rules.sos.state.ga.us, rules.sos.ga.gov)
42‑1‑2‑.02 Powers:
The Commission may:
Accept gifts/donations
Hold or dispose of property
Appoint advisory boards and personnel
Issue, enforce, and administer marketing orders in line with statutory policy. (rules.sos.state.ga.us)
3. Funds & Expenses (42‑1‑3)
42‑1‑3‑.01 Funds:
Commission authorized to receive, hold (in trust), and disburse funds (outside state treasury)
Funds handlers must be bonded
Checks drafted require Chair’s signature. (rules.sos.state.ga.us, rules.sos.ga.gov)
42‑1‑3‑.02 Administrative Expense Exclusions:
Exempt from administrative restrictions:
Marketing program/project costs
Referendum costs
Compliance/enforcement costs
Late fee administration
Fund investment management
Start-up expenses. (rules.sos.ga.gov)
4. Marketing Orders (42‑1‑4)
42‑1‑4‑.01 Issuance:
Commission may issue marketing orders to support education, safety training, low-income equipment replacement, rebates, advertising, and energy-efficiency promotions
Capped at 10% of funds for administrative expenses, but must meet actual costs
Costs of referenda can be advanced and reimbursed. (regulations.justia.com, rules.sos.ga.gov)
42‑1‑4‑.02 Referendum:
Needed to enact marketing orders
Requires notice to dealers and distributors
A majority (vote and participation) of eligible dealers must approve. (rules.sos.ga.gov)
42‑1‑4‑.03 Opt-Out Provisions:
Dealers may opt out yearly (Sept 1–Sept 30)
Opt-out excludes dealer from benefits and interest but entitles them to a refund, claimable quarterly post-25th of next quarter. (rules.sos.ga.gov)
5. Assessments (42‑1‑5)
42‑1‑5‑.01 Distributor Responsibilities:
Distributors must calculate and collect assessments from dealers based on odorized propane volumes
Remit quarterly (by 25th of month following the quarter)
Maintain confidential sales records, available to the Commission upon request. (rules.sos.ga.gov)
42‑1‑5‑.02 Payment & Collection:
Assessments are debts enforceable via court
Failure to pay allows Commission to add up to 10% enforcement fee, plus cumulative remedies
Collected penalties go to the Commission. (rules.sos.ga.gov)
6. Public Hearings (42‑1‑6)
42‑1‑6‑.01 Notice:
Hearing notices published ≥5 days in Atlanta-area newspapers and distributed to dealers/distributors
Hearings occur after that period. (rules.sos.ga.gov, rules.sos.state.ga.us)
42‑1‑6‑.02 Hearing Procedures:
Public and under oath; record retained by Commission
Can be conducted by Commission member(s), but final decisions only by majority after record review. (rules.sos.ga.gov)
📌 Administrative Timeline & Status
Initial rules adopted: August 31, 2020 (effective September 20, 2020)
Office update: May 3, 2021 (effective May 23, 2021)
Current through: June 11, 2025 (rules.sos.state.ga.us)
✅ What You Can Do Next
Read full text: Official PDFs available via Georgia’s Secretary of State rule repository (rules.sos.state.ga.us)
Track updates: Quarterly bulletins show regulatory changes (new/modified rules)
For enforcement or compliance: These rules form the legal framework for propane assessments and marketing order administration in Georgia
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