Ga. Comp. R. & Regs. R. 60-1-1-.12 - Grounds for Denial of Listing in the Directory or Removal from the Directory

In addition to all other grounds for removal or denial of listing in the Directory stated in this Rule or in Chapters 13 and 13A, the Attorney General may deny listing of a Tobacco Product Manufacturer and/or Brand Family in the Directory, or remove a Tobacco Product Manufacturer and/or Brand Family from the Directory, on one or more of the following grounds:

(1) Manufacturer submitted incomplete quarterly or yearly certification, or failed to provide all information requested to determine compliance;

(2) Manufacturer made material misrepresentations in any information provided to the Attorney General or on any certification form;

(3) Manufacturer failed to establish a Qualified Escrow Account as defined in this Rule;

(4) Manufacturer failed to fully escrow for all units sold in Georgia in any quarter or year;

(5) Current or former Tobacco Product Manufacturers of a Brand or Brand Family failed to fully escrow for all units sold of such Brand or Brand Family in any quarter or year;

(6) Current or former manufacturer of Brand or Brand Family failed to submit all required certification forms in any quarter or year;

(7) Manufacturer has underreported the number of units sold in this state by ten (10) percent on two or more occasions (quarterly or yearly);

(8) Manufacturer is denied listing or removed from the Directory of another state;

(9) Manufacturer failed to fully pay escrow when due for sales in another state;

(10) Manufacturer failed to comply with federal or state laws or regulations governing the payment of federal or state excise tax on tobacco products; or

(11) The Attorney General's determination that the Manufacturer shares common management or ownership with a Tobacco Product Manufacturer or other party that has failed to satisfy its legal obligations under Chapter 13, Chapter 13A and these Rules, or has failed to satisfy its legal obligations under substantially similar laws or regulations of another state.

Notes

Ga. Comp. R. & Regs. R. 60-1-1-.12

O.C.G.A. Secs. 10-13A-3(c), 10-13A-7, 10-13A-9(d).

Original Rule entitled "Effective Date" adopted. F. Dec. 10, 2004; eff. Dec. 30, 2004. Repealed: New Rule entitled "Grounds for Denial of Listing in the Directory or Removal from the Directory" adopted. F. July 30, 2010; eff. August 19, 2010.