Ga. Comp. R. & Regs. R. 140-1-.03 - Administrative Declaratory Rulings
Current through Rules and Regulations filed through April 4, 2022
(1) Availability of declaratory ruling. Any
persons whose legal rights are impaired by the application of any statutory
provision or any GCIC Rule or order may petition GCIC and request a declaratory
ruling. GCIC will not render advisory opinions, resolve questions that are moot
or hypothetical or otherwise act hereunder except in actual controversies or in
other cases upon which a superior court would be required to act under the
Georgia declaratory judgement statutes as construed by the appellate courts of
Georgia.
(2) Form of petition. Each
petition filed with GCIC shall be in writing and include:
(a) The name and post office address of the
petitioner.
(b) The full test of
the statute, rule or order upon which a ruling is requested.
(c) A detailed statement of all pertinent
facts necessary for a determination.
(d) The petitioner's contention, if any, as
to the applicability of cited legal authorities that authorize, support or
require a decision in accordance therewith.
(e) A detailed statement setting forth the
petitioner's interest in the matter. The statement shall be verified under oath
by, or on behalf of, the petitioner.
(3) Proceedings on petition. If GCIC
determines a decision can be rendered on the petition without further
proceedings, a summary decision shall be rendered. Otherwise, parties shall be
notified and the matter reviewed in an informal hearing.
(4) Informal interpretations and rulings
(a) Any person may request GCIC to interpret
or otherwise rule informally upon the applicability of any pertinent statute or
Rule by personal appearance at GCIC or by letter, telegram or facsimile
addressed to the GCIC Director.
(b)
GCIC may respond to such requests at its own discretion, or may issue
interpretive rulings on its own initiative.
(5) Requests presented in any manner other
than in accordance with the provision of 140-1-.03(2) above shall be answered
with an informal interpretation.
Notes
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