Title 10, Chapter 1, Section 394
( 10-1-394)
(a) The administrator is authorized to adopt as substantive rules that prohibit specific acts or practices in violation of Code Section 10-1-393 those rules and regulations of the Federal Trade Commission interpreting Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. Section 45(a)(1)), as from time to time amended. (b) Such rules shall be promulgated only when it is determined by
the administrator, in the reasonable exercise of his discretion, on
the basis of his expertise and facts, submissions, evidence, and all
information before him, that such rules are needed to prohibit or
control acts or practices which create the probability of actual and
substantial injury to consumers. No rule shall be promulgated where
it is reasonably certain that the burden of complying with the rule
will outweigh the public interest in prohibiting or controlling the
practice which would be so prohibited or controlled. No such rule so
promulgated shall be arbitrary or capricious nor shall its
promulgation be characterized by an abuse of discretion or an
unwarranted exercise of discretion. (c) Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall apply to the promulgation of rules and regulations by the administrator pursuant to subsection (a) of this Code section and in taking testimony pursuant to Code Sections 10-1-403 and 10-1-404. (d) The Consumer Advisory Board shall be authorized to ratify or
veto rules promulgated by the administrator at its next regular
meeting after the rules are promulgated by the administrator under
the provisions of Chapter 13 of Title 50. |