(1) For the purpose of these rules, the following words will have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. 50-8-1et seq., will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A. 50-8-1et seq., will have ascribed to them the ordinary accepted meanings such as the context may imply.
(a) "Affected Parties" means:
1) the local government or Regional Commission that files a petition for alternative dispute resolution;
2) the local government or Regional Commission whose plan or proposed action is the subject of the conflict; and
3) any other local government, public agency, or private interests (such as technical experts) that the above two parties agree to include in the alternative dispute resolution process.
(b) "Days" means calendar days.
(c) "Department" means the Department of Community Affairs.
(d)"Development of Regional Impact" means any project that exceeds the minimum thresholds established by the Department.
(e)"Good Faith" means participating in the alternative dispute resolution process in a sincere effort to resolve any conflict. This includes full-time attendance by the affected party's official designee at all alternative dispute resolution sessions and withholding final action or decisions on any project subject to the dispute until the alternative dispute resolution process is concluded.
(f) "Interjurisdictional" means among two or more local governments or Regional Commissions.
(g) "Local government" means any county, municipality, consolidated government or other political subdivision of the state.
(h)"Local Plan" means the comprehensive plan or solid waste management plan for a local government prepared in accordance with the requirements established by the Department.
(i)"Official Designee" means the individual who is designated (through official action, such as resolution of the city council or county commission) by an affected party as its official representative to the alternative dispute resolution process. This individual must be given authority to act for, and represent the interests of the affected party.
(j)"Process Manager" means a staff person at the Regional Commission or the Department who is trained in the alternative dispute resolution process. This person serves as the point of contact and process administrator for the affected parties throughout the alternative dispute resolution process.
(k) "Qualified Local Government" means a county or municipality that:
Adopts and maintains a comprehensive plan in conformity with the local planning requirements;
Establishes regulations consistent with its comprehensive plan and with the local planning requirements; and
Does not fail to participate in the Department's mediation or other means of resolving conflicts in a manner in which, in the judgment of the Department, reflects a good faith effort to resolve any conflict.
(l) "Regional Commission" means any commission established under O.C.G.A. 50-8-32(effective July 1, 2009).
(m) "Regional Plan" means the comprehensive plan for a region prepared by the Regional Commission in accordance with the requirements established by the Department.
(n) "Regionally Important Resource" means any natural or cultural resource area identified for protection by an Regional Commission following the minimum requirements established by the Department.
O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq.
