Rule 616-1-1-.04 - Declaratory Rulings(1)Requirements. A declaratory ruling must affect a specific fact situation and specific parties, including the person requesting the ruling. The Chief Judge shall not issue a declaratory ruling on an issue in a matter pending before a Judge or on a hypothetical fact situation.(2)Petition for Declaratory Ruling.(a) To petition for a declaratory ruling as to the applicability of a statute or rule, a petitioner shall submit a written petition to the Chief Judge. The petition shall state all of the facts, including the names of those parties involved in the fact situation, and shall include a statement of the legal issue to be resolved.(b) The petitioner shall serve a copy of the petition on all persons involved in the fact situation by personal delivery or first class mail, and shall attach to the petition a certificate or acknowledgment of service.(c) Any person may seek to participate in a declaratory ruling proceeding in the matter and under the standards provided by O.C.G.A. § 50-13-14.Ga. Comp. R. & Regs. R. 616-1-1-.04
O.C.G.A. §§ 50-13-11; 50-13-40(c).
Original Rule entitled "Procedures for Declaratory Rulings" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.Repealed: New Rule entitled "Declaratory Rulings" adopted. F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.