Rule 290-1-1-.17 - Petitions for Declaratory Ruling(1) Petitions for declaratory rulings may be delivered by mail, and should be sent to the Commissioner.(2) A petition may be filed with the Department for a declaratory ruling as to the applicability of any Departmental Rule or order, or statutory provision for which the Department has enforcement authority. The petition need not conform to any specific format, but must: (a) Specify that it is a petition for a declaratory ruling, and identify the petitioner and his or her mailing address;(b) Identify the specific statute, Rule or order involved, and describe the specific factual and non-hypothetical circumstances calling its applicability into question;(c) Demonstrate an actual present need for said ruling, as opposed to a mere abstract desire for same;(d) Identify all other known persons involved in or impacted by the factual situation causing the petition. Petitions which do not contain the above information may be rejected by the Department.
(3) The Commissioner or his designee will issue the ruling within thirty (30) days of receipt of the petition unless the advice of the Attorney General or further investigation is needed, in which case the ruling will be issued as soon as possible. The Department may in the course of its investigation contact any other parties involved with or impacted by the statute, Rule or order.(4) No petition for a declaratory ruling will be accepted where a hearing request is pending on the same subject matter, or where such a ruling would constitute the unauthorized practice of law.Ga. Comp. R. & Regs. R. 290-1-1-.17
Ga. L. 1972, p. 1015 et seq. and p. 1069 et seq. O.C.G.A. Secs. 31-2-4, 31-5-5, 31-5-6, 37-1-22, 37-1-23, 37-1-50, 37-1-53, 49-4-3, 49-4-13, 49-9-11, 50-13-3, 50-13-13, 50-18-71, 50-18-72, 50-18-94.
Original Rule entitled "Group Hearings" was filed on July 26, 1974; effective August 15, 1974.Repealed: New Rule entitled "Hearings and Hearing Records: Confidentiality, Custody, Language, Access, Costs" adopted. F. Aug. 19, 1993; eff. Sept. 8, 1993.Amended: Rule retitled "Petitions for Declaratory Ruling". F. Aug. 17, 1995; eff. Sept. 15, 1995, as specified by the Agency.