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2018 Georgia Code 50-13-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-13-3 Case Law from Google Scholar Amendments to OCGA 50-13-3

TITLE 50 STATE GOVERNMENT

Section 13. Administrative Procedure, 50-13-1 through 50-13-44.

ARTICLE 1 GENERAL PROVISIONS

50-13-3. Adoption of rules of organization and practice; public inspection and validity of rules, policies, orders, decisions, and opinions.

  1. In addition to other rule-making requirements imposed by law, each agency shall:
    1. Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;
    2. Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;
    3. Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and
    4. Make available for public inspection all final orders, decisions, and opinions except those expressly made confidential or privileged by statute.
  2. No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has been published or made available for public inspection as required in this Code section. This provision is not applicable in favor of any person or party who has actual knowledge thereof.

(Ga. L. 1964, p. 338, § 3; Ga. L. 1965, p. 283, § 5.)

Law reviews.

- For article, "Researching Georgia Law," see 34 Ga. St. U. L. Rev. 741 (2015).

JUDICIAL DECISIONS

WIC vendor handbook.

- Although Women, Infants, and Children Program vendor handbook was subject to the publication and inspection requirements of O.C.G.A. § 50-13-3(a), as defendants all had actual knowledge of the rules and regulations in question, these rules and regulations were valid and effective against the defendants, despite the lack of required publication by the Department of Human Resources. So v. Ledbetter, 209 Ga. App. 666, 434 S.E.2d 517 (1993).

Georgia Bureau of Investigation's rules.

- Forensic Sciences Division of the Georgia Bureau of Investigation is exempt under O.C.G.A. § 35-3-155 from the requirement of O.C.G.A. § 50-13-3(b) that it publish its rules for granting permits for the administration of breath, blood, and urine tests. State v. Bowen, 274 Ga. 1, 547 S.E.2d 286 (2001).

Forensic testing procedures.

- Standard Operating Procedures for urinalysis testing of the Division of Forensic Sciences of the Georgia Bureau of Investigation satisfied the requirements regarding adoption and publication of rules under O.C.G.A. § 50-13-3. State v. Cooper, 229 Ga. App. 97, 493 S.E.2d 1 (1997).

Cited in Cullers v. Home Credit Co., 130 Ga. App. 441, 203 S.E.2d 544 (1973); Georgia State Bd. of Dental Exmrs. v. Daniels, 137 Ga. App. 706, 224 S.E.2d 820 (1976); Mowery v. State, 234 Ga. App. 801, 507 S.E.2d 821 (1998); Olvera v. Univ. Sys. of Georgia's Bd. of Regents, 298 Ga. 425, 782 S.E.2d 436 (2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 193.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 161 et seq., 192, 196, 204.

U.L.A.

- Model State Administrative Procedure Act (U.L.A.) § 3-101 et seq.

ALR.

- What constitutes preliminary drafts or notes provided by or for state or local governmental agency, or intra-agency memorandums, exempt from disclosure or inspection under state freedom of information acts, 26 A.L.R.4th 639.

Cases Citing O.C.G.A. § 50-13-3

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Olvera v. Univ. Sys. of Georgia's Bd. of Regents, 298 Ga. 425 (Ga. 2016).

Cited 28 times | Published | Supreme Court of Georgia | Feb 1, 2016 | 782 S.E.2d 436

...[The residency requirements have] never been enacted as a [Board] rule pursuant to the APA. Therefore, the [residency requirements constitute] an “interpretive rule” [that falls within an exception to the procedural requirements of the APA pursuant to OCGA §§ 50-13-3 and 50-13- 4,] not a “rule” [subject to the APA] within the meaning of § 50-13-10.” Roy E....
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Charles H. Wesley Educ. Found., Inc. v. State Election Bd., 654 S.E.2d 127 (Ga. 2007).

Cited 22 times | Published | Supreme Court of Georgia | Nov 21, 2007 | 282 Ga. 707, 2007 Fulton County D. Rep. 3588

...It should be noted that, to date, the Board has failed to comply with the statutory requirement to adopt rules of practice governing the format, contents, and procedures for the presentation, consideration, and disposition of rulemaking petitions such as the one filed by the Wesley Foundation. OCGA § 50-13-3(a)(2); see Ga....
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Roy E. Davis & Co. v. Dep't of Revenue, 353 S.E.2d 195 (Ga. 1986).

Cited 10 times | Published | Supreme Court of Georgia | Nov 5, 1986 | 256 Ga. 709

...§ 3A-111 (now OCGA § 50-13-10), because the legal opinion of the Board's counsel fell within the class of "interpretive rules" mentioned by former Code Ann. § 3A-104 (now OCGA § 50-13-4) as an exception to the procedural requirements of the APA, see OCGA §§ 50-13-3 and 50-13-4, and was not an "agency rule" within the meaning of Code Ann....
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Willis v. Dep't of Revenue, 340 S.E.2d 591 (Ga. 1986).

Cited 9 times | Published | Supreme Court of Georgia | Mar 4, 1986 | 255 Ga. 649

...o violations of OCGA § 48-7-60 only as it applied to appellant Callahan. c) The framework of the appellants' complaint sets out a sufficient basis upon which they might be able to show special damages arising from violations of OCGA §§ 48-2-6 and 50-13-3 by employees of the Department of Revenue....
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State v. Bowen, 274 Ga. 1 (Ga. 2001).

Cited 6 times | Published | Supreme Court of Georgia | Jun 4, 2001 | 547 S.E.2d 286

...The ruling was predicated on the failure of the Forensic Sciences Division of the Georgia Bureau of Investigation (the division) to publish its rules for granting permits for the administration of breath, blood and urine tests under the BUI statutes, which the trial court concluded was required under OCGA § 50-13-3 (b) of the Administrative Procedure Act (APA)....
...The Court of Appeals affirmed. State v. Bowen, 245 Ga. App. 159 (537 SE2d 417) (2000). We granted the State’s petition for writ of certiorari and reverse, holding that the division is exempted under OCGA § 35-3-155 from the publishing requirement of the APA. OCGA § 50-13-3 (b) of the APA requires that any “rule, order, or decision” of an agency of the state be “published or made available for public inspection”; and in the absence of such publication, that rule, order, or decision is rendered invalid and may not be invoked by the agency....