Rule 515-2-1-.12 - Declaratory Rulings(1)Form of Petition. Each petition for a declaratory ruling pursuant to the Georgia Administrative Procedure Act shall be filed with the Commission and shall state: (a) The name and post office 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.(2)Service of Petition. If the petition requests a declaratory ruling as to the applicability of an order of the Commission entered in a contested case, the petitioner shall serve a copy of the petition upon all other parties in that case. If the petitioner is a customer of a person or company regulated by the Commission which would be affected by the petition, the petitioner shall serve the person or company of which he is a customer. Any person or company so served has ten days in which to file briefs in support of, or in opposition to, the petition for a declaratory ruling.(3)Proceedings on Petition. Unless the Commission so orders, no oral argument will be permitted. If there is no dispute with respect to any material fact, and unless the Commission so orders, no evidentiary hearings shall be held.(4)Informal Request for Interpretation and Rulings. 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. 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 interpretive ruling without petition thereafter.Ga. Comp. R. & Regs. R. 515-2-1-.12
Ga. L. 1964, pp. 338, 347; 1965, pp. 283, 288; 1975, Sec. 2, p. 406.
Original Rule was filed on December 29, 1975; effective January 1, 1976, as specified by Ga. L. 1975, p. 411.