Rule 590-4-1-.03 - Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations; Fees(1) Declaratory Rulings. (a) Availability. Any person whose legal rights will be adversely impacted or impaired by the application of any statutory provision or any rule or order of the Commissioner may petition the Commissioner and request a declaratory ruling thereon. The Commissioner will not render advisory opinions, resolve questions that have become moot or are abstract or hypothetical, or otherwise act hereunder except with respect to such actual controversies or other cases that the Commissioner deems to be in the public interest, which shall be consistent with Code section 50-13-11.(b) Form of Petition. Each such petition shall be filed with the Commissioner in writing and shall state: 1. The name and mailing address of the petitioner;2. The full text of the statute, rule, or order upon which a ruling is requested;3. A statement of all pertinent and existing facts necessary to a determination of the applicability of the quoted statute, rule, or order;4. The petitioner's contention, if any, as to the aforesaid applicability with citation of legal authorities, if any, that authorizes, supports, or requires a decision in accordance therewith; and5. A statement setting forth in detail the petitioner's interest in the matter and why and how the petitioner is uncertain or insecure with respect to his, her, or its rights. The petition shall be executed by the petitioner, or on behalf of the petitioner by a person legally authorized to represent the petitioner.(c) Proceedings on Petition. If the Commissioner determines that a decision can be rendered on the face of the petition without further proceedings, he or she shall render a summary decision thereon. Otherwise, all parties known by the Commissioner to have a legal interest in the matter shall be notified and given an opportunity to be heard in a manner determined by the Commissioner.(d) Fees. Prior to granting any petition for declaratory ruling, a fee in the amount of $500.00 shall be paid to the Commissioner if the Commissioner determines that a decision can be rendered on the face of the petition without further proceedings. If a hearing on the petition is required, a reasonable charge will be assessed for the costs incurred.(2) No-Action Letters. (a) Availability. Any person may request in writing a statement from the Commissioner's staff that, on the basis of the facts stated in such written request, the staff would not recommend enforcement action. The Commissioner's staff will not respond to requests related to unnamed companies or persons or to hypothetical situations.(b) Form of No-Action Request. Each such no-action request shall be filed with the Commissioner in writing and shall: 1. State the specific subsection of the particular statute, rule, or order to which the request pertains;2. Provide the names of the company or companies or individual(s) and all other persons involved;3. Limit the request to the particular situation involving the problem at hand and not attempt to include every possible type of situation that may arise in the future;4. State concisely and to the point all of the facts necessary to reach a conclusion in the matter; and5. Indicate why the requesting party thinks a problem exists, indicate the requesting party's opinion in the matter, and indicate the basis for the requesting party's opinion.(c) Fees. A no-action request shall not be considered unless the request filed with the Commissioner is accompanied by a fee in the amount of $250.00.(3) Informal Interpretations. The Commissioner, at his/her discretion, may issue informal interpretations, which shall be intended as general guidance and not to be relied on as definitive.Ga. Comp. R. & Regs. R. 590-4-1-.03
O.C.G.A. Secs. 10-5-10, 10-5-70, 10-5-74, 50-13-11.
Original Rule entitled "General Dealers in Securities" adopted. F. and eff. July 19, 1965.Amended: ER. 590-4-1-0.4-.03 repealing Rule adopted. F. and eff. April 1, 1974, the date of adoption.Amended: New Rule entitled "Petition for Adoption of Rules" adopted. F. July 5, 1974; eff. July 25, 1974.Repealed: New Rule entitled "Administrative Declaratory Rulings" adopted. F. Dec. 9, 1980; eff. Dec. 29, 1980.Repealed: New Rule entitled "Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations" adopted. F. Apr. 13, 1983; eff. May 3, 1983.Repealed: New Rule entitled "Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations; Fees" adopted. F. Dec. 21, 2004; eff. Jan. 10, 2005. Repealed: New Rule of the same title adopted. F. Nov. 18, 2011; eff. Dec. 8, 2011.