Ga. Comp. R. & Regs. 40-1-2-.04

Current through Rules and Regulations filed through November 21, 2024

Rule 40-1-2-.04 - Declaratory Ruling by Agency

Any person shall have the right to file a petition with the agency requesting a declaratory ruling by the Commissioner as to the applicability of any statutory provision or of any rule or order of the agency. The Commissioner shall make a ruling with respect to the applicability of such provision, rule or order within twenty days of the filing of said petition and give notice of his ruling to the petitioner. The Commissioner may, in his discretion, or upon written request by the petitioner refer the matter to a hearing officer for the conduct of a hearing which shall be held in accordance with the law and rules governing contested hearings, in which case the petitioner shall be given twenty days notice of the time and place of such hearing. The petitioner shall have the same rights with respect to such hearing and appeal therefrom as would be available in any contested case.

Ga. Comp. R. & Regs. R. 40-1-2-.04

Ga. L. 1964, p. 388, as amended by Ga. L. of 1965, p. 283.

Original Rule entitled "Appeal from the Department" was filed and effective on June 30, 1965.

Amended: Rule repealed and a new Rule entitled "Declaratory Ruling by Agency" adopted. Filed January 27, 1971; effective February 16, 1971.