Current through Rules and Regulations filed through September 25, 2023
(1)
Declaratory Rulings.
(a)
Availability. Any person
whose legal rights will be interfered 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 the Georgia declaratory judgment
statutes as construed by the appellate court 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 make 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;
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 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, a summary decision shall be
rendered 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)
No-Action Letters.
(a)
Availability. Any person may
request in writing a statement from the Division Director's staff that, on the
basis of the facts stated in such written request, the staff would not
recommend enforcement action. The Division Director'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 to which the request
pertains;
2. Provide the names of
the 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 other than in
accordance with the provisions of paragraphs (1) or (2) above shall not be
deemed to be filed as 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.
O.C.G.A. Secs.
43-17-10,
43-17-11.
Original Rule entitled
"Administrative Declaratory Rulings; Information Interpretations" adopted as
ER. 590-9-1-0.12-.03. F. and eff. July 1,
1988, the date of adoption.
Amended:
Permanent Rule of same title adopted. F. Oct. 7,
1988; eff. Nov. 1,
1988, as specified by the Agency.
Repealed:
New Rule entitled "Administrative Declaratory Rulings; No-Action Letters;
Informal Interpretations" adopted. F. Feb. 26,
2004; eff. Mar. 17,
2004.
