Ga. Comp. R. & Regs. 120-2-2-.02

Current through Rules and Regulations filed through June 17, 2024

Rule 120-2-2-.02 - Construction, Modification, or Waiver of Rules

1. These rules apply to all hearings held under the authority granted to the Commissioner in O.C.G.A. § 33-2-17.

2. These rules must be liberally construed to secure the fair, expeditious, and inexpensive determination of all adjudications.

3. These rules must be interpreted, to the extent permissible, to be consistent with the Georgia Constitution, the APA, and other applicable statutory law. To the extent that any rule is not consistent, applicable constitutional or statutory law controls.

4. Except to the extent that waiver or modification would otherwise be contrary to law, the Adjudicator may, after adequate notice to all interested persons, modify or waive any of these rules upon a determination that no party will be prejudiced and that the ends of justice will be served.

5. On any procedural question not addressed by specific statute, the APA, or these rules, the Adjudicator is guided so far as practicable by Georgia's Civil Practice Act, found in OCGA § 9-11-1et seq.

Ga. Comp. R. & Regs. R. 120-2-2-.02

O.C.G.A. §§ 33-2-9, 33-2-17et seq.

Original Rule entitled "Procedure for the Adoption of Regulations" was filed and effective on July 20, 1965.

Repealed: And reserved. F. Aug. 24, 1989; eff. Sept. 15, 1989, as specified by the Agency.

Adopted: New Rule entitled "Construction, Modification, or Waiver of Rules." F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.