Rule 40-1-2-.05 - Procedure for Adoption of Rules(1) When in the judgment of the Commissioner, it is deemed necessary to adopt rules to secure satisfactory compliance with or to implement the provisions of Georgia laws, the Commissioner shall prepare or cause to be prepared a draft of such rules and such draft shall: (a) Contain only rules that reasonably adapt to the purposes intended and are within the purview of the powers conferred and duties imposed upon the Commissioner and the Department by Georgia law.(b) Provide such definitions as are necessary to assure reasonable uniformity in interpretation and enforcement of the rules.(2) Interested persons may petition the Georgia Department of Agriculture requesting the promulgation, amendment, or repeal of a rule. Such petition should be in the form of a letter addressed to the Commissioner of Agriculture setting forth the language of the proposed rules, amendments or repeal, and, where applicable, the language of the rules sought to be amended or repealed. Such letter should be sent to the Commissioner of Agriculture by certified or registered mail and should set forth the interest of the person petitioning the Commissioner. Within twenty days after submission of such petition, the Commissioner shall deny the petition in writing (stating his reason for the denial) or shall initiate rulemaking proceedings in accordance with Rule 40-1-2-.05(3)(a)(b).(3) Prior to adoption, amendment or repeal of any rule other than an interpretive rule, or a general statement of policy the Department shall:(a) Give at least thirty days' notice of its intended action. The notice shall include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be maintained by the agency for advance notice of its rulemaking proceedings and who have tendered the actual cost of such mailing as from time to time determined by the agency.(b) Afford to all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if requested by twenty-five (25) persons, who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than twenty-five (25) members. The agency shall consider fully all written and oral submissions respecting the proposed rule.Ga. Comp. R. & Regs. R. 40-1-2-.05
Ga. L. of 1874, p. 5; 1893, p. 136; 1960, p. 245, 246; 1964, p. 338 as amended by Ga. L. of 1965, p. 283; 1979, p. 1014, 1015.
Original Rule entitled "Procedure for Adoption of Rules" was filed and effective on June 30, 1965.Amended: Filed December 29, 1965; effective January 17, 1966.Amended: Filed January 27, 1971; effective February 16, 1971.Amended: Filed April 9, 1980; effective April 29, 1980.