Compilation of Rules and Regulations of the State of Georgia
Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION
Chapter 160-1
Subject 160-1-3 - RULES OF GENERAL APPLICABILITY
Rule 160-1-3-.06 - Petition for Acting on an Agency Rule or State Law
Universal Citation: GA Rules and Regs r 160-1-3-.06
Current through Rules and Regulations filed through September 23, 2024
(1) Purpose. Any interested person may petition the State Board of Education to promulgate, amend, or repeal a rule. Any interested person may also petition the Georgia Department of Education for a declaratory ruling of the applicability of any provisions of state law or a rule adopted by the State Board of Education. This rule describes the procedures that shall be followed.
(2) Requirements.
(a) A Petition Requesting the Promulgation,
Amendment or Repeal of a Rule.
1. The
petitioner shall submit to the state school superintendent the written request,
stating the specific action the petitioner wishes the state board to take,
i.e., the promulgation, amendment or repeal of a rule. The state school
superintendent or designee shall docket the request and forward it to the
appropriate office for a recommendation to the state school superintendent and
the State Board of Education.
2.
The State Board of Education shall consider the petitioner's request at the
next scheduled meeting.
3. The
state school superintendent shall notify the petitioner of the action(s) taken
by the state board within 30 days after the meeting where the request was
considered.
(b) A
Petition Requesting a Declaratory Statement of Applicability of a Statutory
Provision or State Board-Adopted Rule.
1. The
petitioner shall submit to the state school superintendent a written request
for an interpretation of the applicability of a statutory provision and/or a
state board-adopted rule. The state school superintendent or designee shall,
within 30 days of receiving the request, respond in writing to the
petitioner.
2. In accordance with
state law, the department may seek an opinion from the Attorney General. If
this action is deemed necessary by the state superintendent or deputy
superintendent, the petitioner shall be notified in writing that the department
has requested an opinion from the Attorney General. Within 30 days of receiving
the opinion of the Attorney General, the state school superintendent shall
notify the petitioner of the applicability of a statutory provision and/or a
state-board adopted rule.
O.C.G.A. Secs. 50-13-9, 50-13-11.
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