Ga. Comp. R. & Regs. 40-18-1-.02

Current through Rules and Regulations filed through November 22, 2024

Rule 40-18-1-.02 - Penalties

Any holder of a tobacco warehouse license issued by the Georgia Department of Agriculture that fails to comply with the formula set out in Section 40-18-1-.01 of these regulations shall subject said license to immediate suspension or revocation by the Commissioner of Agriculture of the State of Georgia.

Ga. Comp. R. & Regs. R. 40-18-1-.02

Ga. L. 1960, p. 214. Effective August 12, 1971.

Emergency Rule, entitled "Penalties," filed July 23, 1971; effective July 22, 1971, as specified by the Agency, to expire 60 days from that date or upon the prior adoption of a permanent Rule covering the same subject matter.

Amended: Permanent Rule 40-19-1-.02 entitled "Penalties," adopted. Filed July 23, 1971; effective August 12, 1971. * See Editor's Note, p. 774.

The constitutionality of Chapter 40-18-1 and the two regulations thereunder, 40-18-1-.01 and 40-18-1-.02, is at the very least questionable in view of a decision of the United States District Court for the Northern District of Georgia in Civil Action No. 15451. In an unreported decision by that court on the second day of August, 1971, the court issued a temporary restraining order against the enforcement of these regulations. The order did not definitely declare the regulations unconstitutional, leaving open that question for submission to a three judge court should the Department of Agriculture desire it to be submitted to such court.

The above Editor's Note was provided by the Georgia Department of Agriculture.