Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS
Subject 590-3-1 - RULES OF GENERAL APPLICABILITY
Rule 590-3-1-.03 - Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations

Universal Citation: GA Rules and Regs r 590-3-1-.03

Current through Rules and Regulations filed through September 23, 2024

(1) Declaratory Rulings.

(a) Availability. Any person whose legal rights will be adversely impacted with or impaired by the application of any statutory provision or any rule or order of the Secretary of State may petition the Secretary of State and request a declaratory ruling thereon. The Secretary of State will not render advisory opinions, resolve questions which have become moot or are abstract or hypothetical or otherwise act hereunder except with respect to such actual controversies or other cases upon which a superior court would be required to act under Chapter 4 of Title 9 of the Official Code of Georgia, relating to declaratory judgments.

(b) Form of Petition. Each such petition shall be filed with the Secretary of State 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 or rule;

4. the petitioner's contention, if any, as to the aforesaid applicability with citation of legal authorities, if any, which authorizes, supports or requires a decision in accordance therewith; and

5. 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 verified under oath by the petitioner, or on behalf of the petitioner by a person legally authorized to represent the petitioner.

(c) Proceedings on petition. If the Secretary of State 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 Secretary of State to have a legal interest in the matter shall be notified and given an opportunity to be heard in a manner determined by the Secretary of State.

(2) No-Action Letters.

(a) Availability.Any person may request in writing a statement from the Secretary of State's staff that, on the basis of the facts stated in such written request, the staff would not recommend enforcement action. The Secretary of State'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 Secretary of State in writing and shall:
1. state the specific subsection of the particular statute or rule 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 which may arise in the future;

4. state concisely and to the point all of the facts necessary to reach a conclusion in the matter; and

5. 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.

(3) Informal Interpretations.Any request presented in any manner that does not strictly comply with the provisions of paragraphs (1) or (2) above shall not be deemed to be filed as either a petition for declaratory ruling or request for a no-action letter and shall be dealt with in any manner that the Secretary of State may deem appropriate, including failing to respond.

(4) Fees.The Secretary of State may establish and charge fees as provided in the fee schedule published and maintained by the Secretary of State, for the issuance of any declaratory ruling, no-action letter, or informal interpretation. Said fee(s) may be changed by the Secretary of State by publishing a fee schedule notice and posting such notice in his or her office for a period of not less that thirty (30) days.

O.C.G.A. Secs. 10-14-14, 44-3-139

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