(1) Availability of Declaratory Ruling. Any
person whose legal rights have been interfered with or impaired by the
application of any statutory provision or any rule or order of the Commission
may petition the Commission and request a declaratory ruling thereon. The
Commission will not render advisory opinions or resolve questions that become
moot or take any other action hereunder except with respect to cases upon which
a superior court would be required to act under the Georgia declaratory
judgment statutes as construed by the appellate courts of Georgia.
Form of Petition. Each such petition
shall be filed with the Commission in writing and shall state:
(a) The name, post office address, and e-mail
address of the petitioner;
full text of the statute, rule, order upon which a ruling is
(c) A paragraph
statement of all pertinent and existing facts necessary to a determination of
the applicability of the quoted statute or rule;
(d) Petitioner's contention, if any, as to
the aforesaid applicability with citations of legal authorities, if any, that
authorize, support, or require a decision in accordance therewith;
(e) A statement setting forth in detail the
petitioner's interest in the matter and why and how the petitioner is uncertain
or insecure with respect to his rights. The petition shall be verified under
oath by, or in proper behalf of, the petitioner.
(3) Proceedings on Petition. If the
Commission shall determine that a decision can be rendered on the face of the
petition without further proceedings, it shall render a summary decision
thereon. Otherwise, all parties known by the Commission to have a legal
interest in the matter shall be notified and given an opportunity to be heard
at an informal hearing.
Informal Request for Interpretation and Rulings. The provisions of this Rule
shall not be construed to preclude:
person from requesting the Commission to interpret or otherwise rule upon the
applicability of any pertinent statute or rule informally by personal
appearance before the Commission, by letter or by telegram to the Commission;
(b) The Commission from acting
upon any such request whenever and however it deems appropriate, or from
issuing any interpretative ruling without petition therefor.
(5) Any request presented in any
manner other than in accordance with the provisions of this Rule shall not be
deemed to be filed as a Petition for Declaratory Ruling but shall be deemed an
informal request for interpretation or ruling and shall be acted on as
Ga. Comp. R. & Regs. R. 189-2-.02
Original Rule entitled
"Administrative Declaratory Rulings" adopted. F. Apr.
9, 1987; eff. Apr. 29, 1987.
Amended: F. Aug. 24,
2015; eff. Sept. 13, 2015.