Rule 391-1-8-.06 - Processing of Change of Use Petitions(1) Upon receipt of a petition for a change of use, the Commissioner will deliver a copy of the petition to the Board at its next regularly scheduled meeting.(2) The Department will schedule public hearings in the county or counties in which the affected portion of the Heritage Preserve is located within ninety (90) days of the filing of the petition.(3) Each public hearing will be conducted as follows: (a) The date, time and location of the public hearing will be posted on the Department's web site and at the regular meeting place of the Board at least thirty (30) days prior to the public hearing;(b) The date, time and location of the public hearing will be given to the legal organ in which notices of sheriff's sales are published in the county in which the public hearing is to be held;(c) At least one Board member will be physically present at the public hearing;(d) A Board member shall conduct the public hearing with assistance from the Department's staff and will establish reasonable rules for its conduct;(e) If technologically possible, Board members may attend the public hearing by telephone conference call;(f) A transcript of the public hearing will be made;(g) Any member of the public attending the public hearing may submit a written or oral statement; and(h) Any member of the public unable to attend the public hearing may submit a written statement for the Board's consideration to the Board c/o Commissioner at the address in Rule 391-1-8-.04(2) on or before the date of the public hearing.(4) The Department shall provide all Board members with a copy of all written statements and the transcript(s).(5) The Board Chair shall place consideration of the petition on the agenda of a regularly scheduled Board meeting in a timely manner.(6) After due consideration of all testimony from the public hearing, any written comments, the Department's position and any additional public comments provided at the Board meeting, the Board shall make a finding as to whether the proposed change of use is an imperative and unavoidable necessity for which no other solution exists. The Board shall submit a recommendation to the General Assembly for its consideration by sending a resolution to the Speaker of the House and the President of the Senate with a copy to the Governor either supporting or objecting to the proposed change of use. The Board resolution may partially support or object to the petition and may include any additional recommendations the Board finds appropriate.Ga. Comp. R. & Regs. R. 391-1-8-.06
O.C.G.A. Secs. 12-3-74, 12-3-76.
Original Rule entitled "Processing of Change of Use Petitions" adopted. F. Jun. 30, 2011; eff. July 20, 2011.Note: Correction of non-substantive typographical error in History, "Original Rule entitled "Definitions" adopted." corrected to "Original Rule entitled "Processing of Change of Use Petitions" adopted." Eff. Feb. 24, 2016.