Rule 672-1-.03 - Administrative Declaratory Rulings(1) Availability of declaratory ruling. 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 Department may petition the Department and request a declaratory ruling thereon. The Department 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) Form of petition. Each such petition shall be filed with the Department 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) Proceedings on petition. If the Department shall determine that a decision can be rendered on the face of the petition without further proceedings, the Department shall render a summary decision thereon. Otherwise, parties shall be notified and the matter shall be heard in 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 Department to interpret or otherwise rule upon the applicability of any pertinent statute or rule informally by personal appearance before the Department, by letter or by telegram to the Department or any officer or member thereof; or(b) The Department from acting upon any such request as and when 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 Rules 672-1-.01(2),(3) and 672-1-.03(2) above 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.Ga. Comp. R. & Regs. R. 672-1-.03
Ga. L. 1964, pp. 338, 347, as amended; Ga. L. 1965, pp. 283, 288 (Ga. Code Ann. Sec. 3A-112); Ga. Code Sec. 95A-103. Effective August 29, 1973.
Original Rule was filed on August 9, 1973; effective August 29, 1973.