GA - GAC
Rules and Regulations of the State of Georgia
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Subject 42-1-2 ORGANIZATION

Rule 42-1-2-.01 Creation and Structure

(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.

Rule 42-1-2-.02 Powers

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.