Compilation of Rules and Regulations of the State of Georgia
Department 672 - STATE DEPARTMENT OF TRANSPORTATION
Chapter 672-1 - RULES OF GENERAL APPLICABILITY
Rule 672-1-.03 - Administrative Declaratory Rulings
Current through Rules and Regulations filed through December 27, 2023
(1) Availability of declaratory ruling. 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 Department may petition the Department and request a declaratory ruling thereon. The Department 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 courts of Georgia.
(2) Form of petition. Each such petition shall be filed with the Department in writing and shall state:
(3) Proceedings on petition. If the Department shall determine that a decision can be rendered on the face of the petition without further proceedings, the Department shall render a summary decision thereon. Otherwise, parties shall be notified and the matter shall be heard in an informal hearing.
(4) Informal request for interpretation and rulings. The provisions of this Rule shall not be construed to preclude:
(5) Any request presented in any manner other than in accordance with the provisions of Rules 672-1-.01(2),(3) and 672-1-.03(2) above shall not be deemed to be filed as a Petition for Declaratory Ruling but shall be deemed an informal request for interpretation or ruling and shall be acted on as such.
Ga. L. 1964, pp. 338, 347, as amended; Ga. L. 1965, pp. 283, 288 (Ga. Code Ann. Sec. 3A-112); Ga. Code Sec. 95A-103. Effective August 29, 1973.
Original Rule was filed on August 9, 1973; effective August 29, 1973.