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Call Now: 904-383-7448Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency, provided that nothing herein shall limit or impair the right of an agency to seek the opinion of the Attorney General on any question of law connected with the duties of the agency pursuant to Code Section 45-15-3 or any other applicable statutory or constitutional provision. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases.
(Ga. L. 1964, p. 338, § 12; Ga. L. 1965, p. 283, § 11.)
Letter did not constitute declaratory ruling because director of agency did not issue the letter pursuant to any rule consistent with O.C.G.A. § 50-13-11. North Fulton Medical Ctr., Inc. v. Roach, 265 Ga. 125, 453 S.E.2d 463 (1995).
- While the law explicitly allowed a party to request a declaratory ruling from an administrative agency concerning the application of agency rules, the two associations failed to follow the appropriate procedures for obtaining an interpretation of a regulation from the state revenue department; thus, the associations were not entitled to a declaratory ruling since the associations circumvented the prescribed procedure for challenging the state revenue department's regulations. Ga. Oilmen's Ass'n v. Ga. Dep't of Revenue, 261 Ga. App. 393, 582 S.E.2d 549 (2003).
- Nonprofit insurance company should have been allowed to intervene in proceedings attacking the implementation of a plan of conversion from nonprofit to for-profit status adopted and approved by the Commissioner of Insurance pursuant to O.C.G.A. § 33-20-34, which, after approval, became a binding agreement between the Commissioner and the company. Blue Cross & Blue Shield of Ga., Inc. v. Deal, 244 Ga. App. 700, 536 S.E.2d 590 (2000).
Cited in Age Int'l, Inc. v. Miller, 830 F. Supp. 1484 (N.D. Ga. 1993).
- 2 Am. Jur. 2d, Administrative Law, §§ 70, 245.
- 73 C.J.S., Public Administrative Law and Procedure, § 161 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 293.
- Model State Administrative Procedure Act (U.L.A.) § 2-103.
- Applicability of stare decisis doctrine to decisions of administrative agencies, 79 A.L.R.2d 1126.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 1995-02-20
Citation: 265 Ga. 125, 453 S.E.2d 463, 1995 Ga. LEXIS 92
Snippet: meaning of the Administrative Procedures Act, OCGA § 50-13-11, from which North Fulton could seek judicial review
Court: Supreme Court of Georgia | Date Filed: 1994-02-21
Citation: 440 S.E.2d 18, 263 Ga. 814, 94 Fulton County D. Rep. 641, 1994 Ga. LEXIS 102
Snippet: a "declaratory ruling" under the APA, OCGA §§ 50-13-11; 50-13-19 (b). It is not apparent from the record
Court: Supreme Court of Georgia | Date Filed: 1994-02-07
Citation: 439 S.E.2d 494, 263 Ga. 798, 94 Fulton County D. Rep. 479, 1994 Ga. LEXIS 71
Snippet: under the Administrative Procedure Act, OCGA § 50-13-11, the trial court did not err by dismissing the