Rule 570-38-1-.03 - Interpretation and Application of this Chapter(1) To the extent permitted by law, the Department shall have the authority to suspend or modify application of the Rules within this Chapter in individual instances in which strict compliance with a Rule or Rules within this Chapter would result in unreasonable, uneconomical or unintended results or otherwise frustrate the intent of these Rules. Such suspension or modification may occur in accordance with O.C.G.A. § 50-13-9.1 or by any other process not prohibited by law.(2) In any instance in which the Department suspends or modifies application of a Rule or Rules in accordance with paragraph (a) of this Rule, the Department shall make every effort to timely repeal, amend, or modify these Rules in accordance with the Administrative Procedure Act to correct and account for the circumstances requiring the suspension or modification.(3) Certificates issued by the Department of Public Safety allowing operation as a household goods carrier, passenger carrier, limousine carrier, transportation network company, taxi service, or nonconsensual towing provider prior to the effective date of this Chapter and which are unexpired and otherwise valid as of the effective date of this Chapter shall continue to be valid notwithstanding the provisions of this Chapter. Such certificates and the persons and entities possessing such certificates shall, however, be governed by and otherwise be required to comply with this Chapter to the extent it is applicable. Upon any such certificate becoming invalid, expiring, or requiring any update, the person or entity possessing such certificate shall be required to obtain a replacement or new certificate in accordance in this Chapter.(4) To the extent that this Chapter has an economic impact on businesses in this State: (a) a small business that qualifies for reduction of economic impact under O.C.G.A. § 50-14-4(a)(3) may provide notice in writing to the Department of a request for relief from any Rule under this Chapter. Such notice shall state: 1. The Rule or Rules causing the economic impact;2. The nature and extent of the economic impact;3. A proposed method or methods of relief under O.C.G.A. § 50-14-4(a)(3) that would reduce the economic impact in question; and4. The nature and extent of the economic relief that would be provided by the proposed method or methods of relief.(b) The Department shall, upon receiving a request for relief as described in subparagraph (a) of this paragraph, provide notice and an opportunity to be heard to any business making such request to consider whether the business in question is entitled to relief from the Rule(s) complained of as contemplated by O.C.G.A. § 50-13-14(a)(3).(c) Notwithstanding any other provision of this Chapter, the Department may afford a business that qualifies for reduction in economic impact in accordance with O.C.G.A. § 50-13-14(a)(3) relief from a Rule or Rules under this Chapter in any form authorized by O.C.G.A. § 50-13-14(a)(3). The Department may similarly refuse to offer such relief if such relief is not legal or feasible in meeting the stated objectives of the statutes which are the basis of the Rule or Rules or for any other reason authorized by law.Ga. Comp. R. & Regs. R. 570-38-1-.03
O.C.G.A. §§ 40-1-54; 50-13-9.1.
Original Rule entitled "Interpretation and Application of this Chapter" adopted. F. Apr. 21, 2020; eff. May 11, 2020.