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

Ga. Comp. R. & Regs. R. 140-1-.03
O.C.G.A. Sec. 50-13-9.
Original Rule entitled "Administrative Declaratory Rulings" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976. Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency. Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency. Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998; eff. Mar. 24, 1998. Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002. Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.

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