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-.04 - Compliance

(1) Participation. O.C.G.A. § 50-8-2(a)(18)(C) defines a "Qualified Local Government" as a county or municipality which has not failed to participate in the Department's mediation or other means of resolving conflicts in a manner which, in the judgement of the Department, reflects a good faith effort to resolve any conflict. If, prior to the process's conclusion as described above, the Department determines that either or both local governments are not participating in the annexation arbitration process in good faith, the Department shall decertify the local government's(s') qualified local government status ("QLG status") for a period the Department deems necessary to promote a return to good faith participation and discourage any future disruption to the instant annexation arbitration and future annexation arbitration processes.

The Department shall issue a Notice of Intent to Decertify to the local governments by verifiable delivery seven days prior to decertifying the local government's(s') QLG status. This notice shall detail the actions determined by the Department to be unreflective of good faith participation and provide recommendations to assist in correction by the local government(s). If, during those seven days, the local government(s) have successfully addressed the Department's concerns, QLG status shall not be interrupted. If, upon passage of the seventh (7th) day, the Department's determines that its concerns have not been satisfactorily addressed, it shall issue a Notice of Decertification via verifiable delivery to the local governments and shall follow the Department's standard practice of notifying the public and other governmental entities of the decertification.

(2) Violation of Conditions. No local government may change the zoning, land-use, or density of the annexed property prior to the expiration of the timeframes provided by O.C.G.A. § 36-36-112, § 36-36-117, or § 36-36-118. A party aggrieved by such a violation may seek relief from a court of competent jurisdiction, however, any such violations, outside of the annexation arbitration process or subsequent to its conclusion, are not within the purview of the Department.