Compilation of Rules and Regulations of the State of Georgia
Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
Chapter 110-12 - MINIMUM STANDARDS AND PROCEDURES
Subject 110-12-8 - PROCEDURE AND OPERATIONS OF ANNEXATION ARBITRATION PANELS
Rule 110-12-8-.02 - Definitions
Current through Rules and Regulations filed through September 23, 2024
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 § 36-36-110, et seq., will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A. § 36-36-110, et seq., will have ascribed to them the ordinary accepted meanings such as the context may imply.
(1) 'Case Coordinator' is designated by each of the local governments as their official representatives to the annexation arbitration process. Once designated by a local government, the case coordinator will be understood to have authority to act as the primary point of contact in communicating with the Department, the panel, and other parties on behalf of the local government they represent. The case coordinator's responsibilities may include coordinating meeting logistics, relaying information and documents via email or other media, arranging for payment of fees/costs, etc. The case coordinator may be but is not necessarily legal counsel for a party and is not necessarily involved in the presentation of evidence and arguments to the panel on behalf of a local government.
(2) 'Days' means calendar days. The General Assembly has clearly chosen to reference "calendar days" in formulating the statute rather than simply "days" and, as such, it is not the practice of the Department to "read out" the word "calendar" as "mere surplusage."
(3) 'Good Faith' means participating in the annexation arbitration process in a sincere effort to resolve any conflict. This includes, but is not limited to: Full-time attendance by the local government's case coordinator and/or other official designee at all annexation arbitration sessions, Withholding final action on the annexation and any development permissions associated with the proposed annexation until the annexation arbitration process is concluded as described in these rules (Note: Only final actions are prohibited, preliminary actions including, but not limited to, staff analysis, meetings and coordination between an applicant or property owner and government staff, hearings before planning commissions, etc. may continue during pendency of the arbitration process.); Providing required materials and responses to the Department, local governments, applicants or owners, impacted school system, case coordinators, the panel, any appointed neutral; and, Coordinating in the management of logistics of scheduling; and, Paying costs associated with the annexation arbitration process as provided in these rules.
(4) 'Hearing Officer' is a neutral, as found on the Georgia Court Professional Directory hosted by the Judicial Council of Georgia, Administrative Office of the Courts. A hearing officer assists the panel in compiling the records of the proceedings. The hearing office may also assist the panel in coordinating the presentation of evidence and argument during its hearings and facilitating the panel's compliance with applicable administrative law and other requirements, managing its meetings, and otherwise serving in a role similar to that of the case coordinator on the panel's behalf.
(5) 'Local Government' means any county, municipality, or consolidated government.
(6) 'Local Plan' means the comprehensive plan for a local government prepared in accordance with the requirements established by the Department.
(7) 'Process Manager' means a staff person at the Department who serves as its point of contact for the local governments (typically via their case coordinators) and administrator of the Department's role throughout the panel appointment process.
(8) 'Qualified Local Government' means a county or municipality that: Has a comprehensive plan in conformity with the minimum standards and procedures; has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; and Has not failed to participate in the Department's mediation or other means of resolving conflicts in a manner which, in the judgment of the Department, reflects a good faith effort to resolve any conflict.
(9) 'Regional Commission' means any commission established under O.C.G.A. § 50-8-32(effective July 1, 2009).
(10) 'Verification' when referenced under 'Verifiable delivery' in the statute means delivery that can be decisively confirmed to have occurred. All notices and communications required pursuant to the annexation arbitration process will be sent via verifiable delivery. The Department will verify delivery of all statutorily-required notices using the following mechanisms provided by the parties, as applicable based upon indications in the materials provided: Tracking number produced by a mail carrier service (e.g., USPS, FedEx, UPS); Email with associated read-receipt and/or delivery-receipt, or, if materials are being provided by their recipient, an email showing a delivery time/date in the message's header will be sufficient and/or, For hand-delivered materials, a scan or photo of the notice clearly showing a date-received stamp on the document accompanied by the signature of the person who accepted delivery of the notice on behalf of the receiving party.
O.C.G.A. §§ 36-36-110, et seq.; 50-8-1, et seq.
