Rule 391-1-1-.06 - Procedure for Declaratory Rulings(1) Any person wishing to file a petition for a declaratory ruling as to the applicability of a statute or rule or order shall submit three copies of the petition, in writing, to the Commissioner, Department of Natural Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1252 East, Atlanta, Georgia 30334-9000.(2) The petition shall state all the facts, including the names of those parties involved in the fact situation, and shall include a statement of the legal issue sought to be resolved. A declaratory ruling will not be issued on a hypothetical fact situation, and any ruling requested must affect a specific fact situation and specific parties, including the person or persons requesting the ruling. If the parties involved in the fact situation include persons in addition to the person or persons requesting the ruling, the person or persons requesting the ruling shall serve a copy of the petition upon such additional persons by personal delivery or by mail. Service by mail shall be complete upon mailing by first class mail, with proper postage attached, to such person. Every submission shall be accompanied either by an acknowledgment of service from the person served, or his authorized agent for service, or by a certificate of service stating the date, place, and manner of service, and the name and address of the persons served. Any person, including the additional parties served, may seek to participate in a declaratory ruling proceeding in the manner and under the standards provided by O.C.G.A. Section 50-13-14.(3) The individual or entity within the Department of Natural Resources responsible for enforcing the statute or rule will be assigned the petition for a declaratory ruling and shall issue a ruling thereon as promptly as possible. In doing so, the individual or entity may seek the opinion of the Attorney General.(4) A ruling disposing of a petition for a declaratory ruling shall have the same status as an administrative law judge decision or order in a contested case.Ga. Comp. R. & Regs. R. 391-1-1-.06
O.C.G.A. Sec. 50-13-11.
Original Rule entitled "Enforcement" adopted. F. Nov. 21, 1972; eff. Dec. 12, 1972, as specified by R. 391-1-1-.07.Repealed: F. Sept. 6, 1973; eff. Sept. 26, 1973.Amended: New Rule entitled "Procedure for Declaratory Rulings" adopted. F. Aug. 28, 1998; eff. Sept. 16, 1998.Amended: F. Aug. 30, 2007; eff. Sept. 19, 2007.