Rule 515-7-8-.10. Methodology for Establishment and Review of Benchmarks and Penalties

1. (1) The Commission shall determine the appropriate benchmarks necessary to measure whether a Marketer has complied with the SQMs established by the Commission pursuant to this Rule, as well as the appropriate penalties that may be assessed against a Marketer that fails to comply with such SQMs;
2. (2) The Commission reserves the right to conduct a hearing for the purpose of establishing the appropriate benchmarks to be utilized in determining whether a Marketer has complied with the SQMs established herein, as well as the appropriate penalties to be assessed against a Marketer that fails to comply with such SQMs Prior to such hearing, the Marketers, the Commission Staff and any other interested party shall file any proposed benchmarks and penalties for consideration by the Commission. Following such hearing, the Commission shall issue an Order approving and adopting appropriate benchmarks and associated penalties; and
3. (3) Following the establishment of initial benchmarks and penalties, the Commission may conduct hearings annually for the purpose of reviewing the SQMs adopted by the Commission, as well as the benchmarks and penalties established as described in Section (b) above. Prior to such annual hearings, the Marketers, the Commission Staff and any other interested party may file proposed revisions to the SQMs, benchmarks and penalties for consideration by the Commission.

Authority: O.C.G.A. § 46-2-30.

History. Original Rule entitled "Methodology for Establishment and Review of Benchmarks and Penalties" adopted. F. Jan. 16, 2025; eff. Feb. 5, 2025.