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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY
Rule 590-7-19-.03 - Administrative Declaratory Rulings; Informal Interpretations
Universal Citation: GA Rules and Regs r 590-7-19-.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 Commissioner of any statutory
provision or any rule or order of the Commissioner may petition the
Commissioner and request a declaratory ruling therein. The Commissioner 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 Commissioner 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 Commissioner shall determine 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 Commissioner 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 with in any manner that the Commissioner may deem appropriate.
O.C.G.A. §§ 14-5-23, 14-11-1105, and 14-11-1106.
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