Rule 520-1-.01 - Organization of the Commission(1) Location of Offices. The public may obtain information regarding the operation of the Commission or make submissions to the Commission by addressing inquiries to the Georgia Real Estate Commission, Suite 1000 - International Tower, 229 Peachtree Street, N. E., Atlanta, Georgia 30303-1605.(2) Election of Chair. At the regularly scheduled first monthly meeting of the calendar year, the Commission shall select from its members the chair. An election of the chair may also occur at such time as the chair may vacate that position or at such time as the number of members which constitutes a quorum may call for a new election. Such election shall be by secret ballot with all eligible members listed on the first ballot and balloting continuing until a member obtains a majority of the votes cast.(3) Election of Vice Chair. At its regularly scheduled first monthly meeting of the calendar year, the Commission shall select from its members the vice-chair. An election of the vice-chair may also occur at such time as the vice-chair may vacate that position or at such time as the number of members which constitutes a quorum may call for a new election. Such election shall be by secret ballot with all members listed on the first ballot and balloting continuing until a member obtains a majority of the votes cast. The vice-chair shall preside in the absence of the chairperson and perform such other duties as may be assigned by the chair.(4) Appearances before the Commission. Except as may otherwise be provided for in the contested cases in Chapter 520-4 Procedural Rules and in the Georgia Administrative Procedure Act, all requests for appearances before the Commission shall be governed by the provisions of this paragraph. All requests for scheduled appearances before the Commission shall be submitted in writing to the Real Estate Commissioner at the address listed in paragraph (1) above. The Real Estate Commissioner shall schedule an appearance at the Commission's regular monthly meeting for the first three persons or groups submitting a written request to the Commission offices during regular business hours on or before the first day of the month preceding the monthly meeting at which such person or group desires to be heard. Any person not scheduled to be heard by the Commission who desires to be heard may, at the discretion of the Commission, be allowed to appear before the Commission at the end of its scheduled business at any monthly meeting. Except by leave of the Commission, all scheduled appearances before the Commission shall be limited to fifteen minutes and all unscheduled appearances before the Commission shall be limited to five minutes.(5) Amendments to Rules. Any interested person may petition the Commission requesting the promulgation, amendment, or repeal of a rule. Such petition shall be in writing and the signature of the petitioner notarized. Within thirty (30) days after submission of a petition, the Commission either shall deny the petition in writing stating its reasons for denial or shall instigate rule-making procedures in accordance with the Georgia Administrative Procedure Act.(6) Declaratory Rulings. The Commission shall supply declaratory rulings as to the applicability of any statutory provision or of any of its rules. Requests for declaratory rulings must be in writing and the signature of the petitioner notarized. The Commission shall respond to a request for a declaratory ruling within sixty (60) days of its receipt of said request except when the Commission feels it would be in the best interest of the Commission to seek the opinion of the Attorney General. Nothing in this paragraph shall limit or impair the right of the Commission to seek the opinion of the Attorney General on any question of law connected with the duties of the Commission. The Commission shall not render a declaratory ruling on petitions on matters related to investigative hearings pending before it at the time of the petition. See also O.C.G.A. § 43-40-2 and Rules 520-4.Ga. Comp. R. & Regs. R. 520-1-.01
O.C.G.A. Sec. 43-40-2.
Original Rule entitled "Organization of Commission" adopted. F. and eff. June 30, 1965.Amended: ER. 520-1-0.1-.01 entitled "Listings" adopted. F. and eff. July 12, 1973, the date of adoption.Amended: Permanent Rule entitled "Organization" adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973.Amended: F. Aug. 18, 1977; eff. Sept. 7, 1977.Repealed: New Rule of same title adopted. F. Sept. 7, 1978; eff. Oct. 1, 1978, as specified by the Agency.Amended: F. Jan. 15, 1979; eff. Feb. 4, 1979.Amended: F. May 7, 1980; eff. June 1, 1980, as specified by the Agency.Repealed: New Rule of same title adopted. F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the Agency.Amended: F. Oct. 4, 1989; eff. Oct. 24, 1989.Amended: F. Feb. 9, 1995; eff. Mar. 1, 1995.Repealed: New Rule entitled "Organization of the Commission" adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003.Amended: F. Dec. 8, 2004; eff. Dec. 28, 2004.