2-8-209. Marketing orders; public hearings.

The commission is authorized to issue, administer, and enforce marketing orders.#

1. (1)

   Whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article with respect to propane, it shall give due notice of and an opportunity for a public hearing either in person or wholly or partially by means of remote communication as determined by the commission thereon.#

2. (2)

   Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days on the commission’s website and in the Farmers and Consumers Market Bulletin or other similar publication that will effectively notify those affected by such marketing order or amendment. The commission shall also mail a copy or communicate electronically such notice of hearing and a copy of such proposed marketing order or proposed amendments to all dealers and distributors of propane whose names and addresses are on file with the commission.#

3. (3)

   The hearing and all testimony shall be public. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The 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 shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. When the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of such hearings.#