Rule 351-1-.03 - Declaratory Rulings(1) A person whose legal rights are affected by the application of any statutory provision or any rule or order of the Commission may petition the Commission to request a declaratory ruling thereon. (a) The petition shall be sent by certified mail, return receipt requested, addressed to the Executive Director at the Georgia Access to Medical Cannabis Commission with the attention line referencing a petition for declaratory ruling. The contact information for the Executive Director may be obtained from the Commission's website at www.gmcc.ga.gov.(b) Declaratory rulings shall not be made upon untrue, moot, contingent, or hypothetical facts or situations, but only upon actual facts set forth in the petition requesting a declaratory ruling.(2) The petition shall be made in writing and include the following: (a) Name and contact information of the petitioner;(b) The notarized signature of the petitioner;(c) The full text of the statute, rule, or order of the Commission upon which a ruling is requested;(d) All pertinent facts and evidence necessary to make a ruling;(e) The petitioner's contention, if any, as to the applicability of the aforesaid statute, rule, or order with citations of legal authorities, if any, that authorize, support, or require a ruling in accordance therewith;(f) A statement, setting forth in detail, the petitioner's interest in the requested ruling, including how and why the petitioner is uncertain with respect to his or her rights in the matter; and(g) Any legal authorities relevant to the requested ruling not provided pursuant to any of the other paragraphs of this subsection.(3) Within thirty (30) days of the date of filing such petition, the Commission shall issue such declaratory ruling, provided, however, that: (a) The Chair of the Commission may issue an order to extend such thirty (30) day period stating the reason for such extension.(b) If it is determined that the requisites for a declaratory ruling are not present, then the Commission shall issue a written explanation for such determination.(4) The date of filing shall be the date received by the Commission office.(5) The Commission shall not be required to render a declaratory ruling if it relates to an investigation pending before the Commission.(6) If the petition requests a declaration as to the applicability of an order of the Commission, then the petitioner shall serve a copy of the petition on all parties to the case.Ga. Comp. R. & Regs. R. 351-1-.03
O.C.G.A. §§ 16-12-203, 16-12-210, 50-13-11.
Original Rule entitled "Declaratory Rulings" adopted. F. Mar. 16, 2023; eff. Apr. 5, 2023.