Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-7 - COMMISSIONER OF CORPORATIONS
Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY
Rule 590-7-10-.03 - Administrative Declaratory Rulings; Informal Interpretations

Universal Citation: GA Rules and Regs r 590-7-10-.03

Current through Rules and Regulations filed through March 20, 2024

(1) Declaratory Rulings

(a) Availability. Any person whose legal rights will be interfered with or impaired by the application by the Secretary of State 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, 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 the Georgia declaratory judgment statutes as construed by the appellate courts of Georgia.

(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 paragraphed 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 authorize, support, or require 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 rights. The petition shall be verified under oath by, or in proper behalf of, the petitioner.

(c) Proceedings on petition. If the Secretary of State shall determine that a decision can be rendered on the face of the petition without further proceedings, he 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 an informal hearing.

(2) Informal Interpretations. Any request presented in any manner other than in accordance with the provisions of paragraph (1) above shall not be deemed to be filed as a petition for declaratory ruling and shall be dealt within any manner that the Secretary of State may deem appropriate.

O.C.G.A. Secs. 14-9-1102, 14-9-1103.

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