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2006 Georgia Code - 33-2-9
33-2-9. (a) The Commissioner shall have full power and
authority to make rules and regulations for the following
purposes: (1) To organize the
department and to assign duties to members of the staff;
(2) To promulgate any rules and
regulations as are reasonably necessary to implement this
title; (3) To promulgate any
rules and regulations as are reasonably necessary to conform with
the requirements of the federal Health Insurance Portability and
Accountability Act of 1996, P.L. 104-191, as said federal Act
existed on January 1, 1997; (4) To issue interpretative rulings or to
prescribe forms required to carry out the responsibilities of his
or her office; or (5) To
govern the procedure to be followed in the proceedings before the
department. (b) Before any
rule or regulation shall become effective or before any amendment
or repeal of any rule shall become effective, the proposed rule or
regulation or amendment or repeal shall be approved as to legality
by the Attorney General and shall have been on file as a public
record in the office of the Commissioner for at least ten
days. (c) Prior to the
adoption of any rule or regulation or the amendment or repeal
thereof, the Commissioner shall publish or otherwise circulate
notice of his intended action and afford interested persons
opportunity to submit data or views either orally or in
writing. (d) The Commissioner
shall compile and keep on file in his office as a public record a
set of such rules and regulations which are in effect and shall
prepare copies of such rules and regulations which shall be
available upon request. The Commissioner shall fix a price covering
such compilation which shall cover costs of preparation and
mailing. (e) Neither the
Commissioner, whether acting as Commissioner of Insurance or Safety
Fire Commissioner, nor the department, nor the Safety Fire Division
of the office of the Commissioner shall propose or adopt rules or
regulations relating to the sale or dispensing of gasoline or
diesel fuel to the general public by any business entity unless
such rules or regulations require such sale or dispensing to be
under the direct control and visual supervision of an on-site
employee of such business entity.
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