Ga. Comp. R. & Regs. R. 189-2-.02 - Administrative Declaratory Rulings

Current through Rules and Regulations filed through April 4, 2022

(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.
(2) 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;
(b) The full text of the statute, rule, order upon which a ruling is requested;
(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.
(4) Informal Request for Interpretation and Rulings. The provisions of this Rule shall not be construed to preclude:
(a) Any 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; or
(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 such.

Notes

Ga. Comp. R. & Regs. R. 189-2-.02
O.C.G.A. Sec. 21-5-6.
Original Rule entitled "Administrative Declaratory Rulings" adopted. F. Apr. 9, 1987; eff. Apr. 29, 1987. Amended: F. Aug. 24, 2015; eff. Sept. 13, 2015.

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