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Subject 42-1-4 MARKETING ORDERS

Rule 42-1-4-.01 Issuance of Marketing Order

(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.

Rule 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.

Rule 42-1-4-.03 Opt-Out Provisions

(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.