Ga. Comp. R. & Regs. R. 92-1-.03 - Administrative Declaratory Rulings

(1) Any person whose legal rights will be interfered with or impaired by the application of any statutory provision or any rule, or order of the Bureau may petition the Bureau and request a declaratory ruling thereon. The Bureau will not render advisory opinions, resolve questions which have become moot or are abstract or hypothetical, or otherwise act hereunder except with respect to such actual controversies or other 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) Each such petition shall be filed with the Bureau in writing and shall state:

(a) The name and post office address of the petitioner;

(b) The full text of the statute, rule or order upon which a ruling is requested;

(c) A paragraphed statement of all pertinent and existing facts necessary to a determination of the applicability of the quoted statute or rule;

(d) The petitioner's contention, if any, as to the aforesaid applicability with citations of legal authorities, if any, which 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) If the Bureau shall determine that a decision can be rendered on the face of the petition without further proceedings, the Bureau shall render a summary decision thereon. Otherwise, parties shall be notified and the matter shall be heard in an informal hearing.

(4) The provisions of this rule shall not be construed to preclude:

(a) Any person from requesting the Bureau to interpret or otherwise rule upon the applicability of any pertinent statute or rule informally by personal appearance before the Bureau by letter or telegram to the Bureau or any officer or member thereof; or

(b) The Bureau from acting upon any such request as and when it deems appropriate or from issuing any interpretive ruling without petition therefor.

(5) Any request presented in any manner other than in accordance with the provisions of these rules 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. 92-1-.03

Ga. L., 1937, pp. 322, 340, as amended (Ga. Code Ann. Chapter 92A-3), Ga. L. 1974, pp. 109, 112 (Ga. Code Ann. Sections 40-35212 to 40-35220), Ga. L. 1964, pp. 338, 356, as amended (Ga. Code Ann. Title 3A).

Original Rule entitled "Administrative Declaratory Rulings" was filed as Emergency Rule 92-1-0.1-.03 on April 9, 1980; effective April 9, 1980 to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. Amended: Emergency Rule 92-1-0.1-.03 repealed and permanent Rule entitled "Administrative Declaratory Rulings" adopted. Filed June 11, 1980; effective July 1, 1980.