Ga. Comp. R. & Regs. R. 42-1-4-.02 - Referendum

(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.

(3) The amount of the proposed assessment established by the marketing order must be stated on the referendum ballot. The amount may not exceed four-tenths of one cent for each gallon of propane sold in the state by distributors to dealers.

(4) The Commission must make reasonable efforts to provide all dealers with notice of the referendum and an opportunity to vote.

(5) All dealers may vote in the referendum. Each dealer will have one vote. Any dispute over eligibility to vote or any other matter relating to the referendum will be resolved by the Commission.

(6) A proposed assessment will 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.

(7) If the assessment is approved by the referendum, then the Commission must notify the Department of the amount and the effective date of the assessment. The Department will notify all dealers of the assessment.

Notes

Ga. Comp. R. & Regs. R. 42-1-4-.02

O.C.G.A. §§ 2-8-211, 2-8-219.

Original Rule entitled "Referendum" adopted. F. Aug. 31, 2020; eff. Sept. 20, 2020.