Compilation of Rules and Regulations of the State of Georgia
Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Chapter 616-1
Subject 616-1-1 - ORGANIZATION OF OSAH
Rule 616-1-1-.04 - Declaratory Rulings

Universal Citation: GA Rules and Regs r 616-1-1-.04

Current through Rules and Regulations filed through December 27, 2023

(1) Requirements. A declaratory ruling must affect a specific fact situation and specific parties, including the person requesting the ruling. The Chief Judge shall not issue a declaratory ruling on an issue in a matter pending before a Judge or on a hypothetical fact situation.

(2) Petition for Declaratory Ruling.

(a) To petition for a declaratory ruling as to the applicability of a statute or rule, a petitioner shall submit a written petition to the Chief Judge. The petition shall state all of the facts, including the names of those parties involved in the fact situation, and shall include a statement of the legal issue to be resolved.

(b) The petitioner shall serve a copy of the petition on all persons involved in the fact situation by personal delivery or first class mail, and shall attach to the petition a certificate or acknowledgment of service.

(c) Any person may seek to participate in a declaratory ruling proceeding in the matter and under the standards provided by O.C.G.A. § 50-13-14.

O.C.G.A. §§ 50-13-11; 50-13-40(c).

Original Rule entitled "Procedures for Declaratory Rulings" adopted. F. June 30, 1995; eff. July 20, 1995.

Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.

Repealed: New Rule entitled "Declaratory Rulings" adopted. F. Nov. 15, 2010; eff. Dec. 5, 2010.

Amended: F. June 22, 2020; eff. July 12, 2020.

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