Rule 511-1-1-.02 - Declaratory Rulings(a) A person whose legal rights are affected by the rules of the Department may petition the Department for a declaratory ruling on the applicability of its rules.(b) Declaratory rulings shall not be made upon untrue, moot, contingent, or hypothetical facts or situations, but only upon actual facts.(c) The petition must be verified under oath, and must set forth all pertinent facts and evidence necessary to make a ruling, the name and address of the petitioner, a statement of the petitioner's interest in the ruling sought, and any legal authorities relevant to the ruling. The petition shall be sent by certified mail, return receipt requested, addressed to Office of the General Counsel, Georgia Department of Public Health, 15th Floor, 2 Peachtree Street NW, Atlanta GA 30303.(d) The Department shall dispose of a request for declaratory ruling as soon as Practicable. If it is determined that the requisites for a declaratory ruling are not present, shall issue a written explanation for such determination.Ga. Comp. R. & Regs. R. 511-1-1-.02
O.C.G.A. Sections 31-2A-6, 50-13-11.
Original Rule entitled "Declaratory Rulings" adopted. F. Jun. 7, 2012; eff. Jun. 26, 2012.