Compilation of Rules and Regulations of the State of Georgia
Rule 590-9-1-.03 - Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations

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.

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