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2018 Georgia Code 50-13-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-13-11 Case Law from Google Scholar Amendments to OCGA 50-13-11

TITLE 50 STATE GOVERNMENT

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

ARTICLE 1 GENERAL PROVISIONS

50-13-11. Declaratory rulings by agencies.

Each 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.)

JUDICIAL DECISIONS

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).

Declaratory ruling permissible if procedural rules followed.

- 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).

Intervention in proceedings authorized.

- 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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, §§ 70, 245.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 161 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 293.

U.L.A.

- Model State Administrative Procedure Act (U.L.A.) § 2-103.

ALR.

- Applicability of stare decisis doctrine to decisions of administrative agencies, 79 A.L.R.2d 1126.

Cases Citing O.C.G.A. § 50-13-11

Total Results: 3  |  Sort by: Relevance  |  Newest First

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North Fulton Med. Ctr., Inc. v. Roach, 265 Ga. 125 (Ga. 1995).

Cited 16 times | Published | Supreme Court of Georgia | Feb 20, 1995 | 453 S.E.2d 463

...dies.3 The trial court did not address this court’s question on remand regarding whether Roach’s letter exempting the relocation from CON review constituted a “declaratory ruling” within the meaning of the Administrative Procedures Act, OCGA § 50-13-11, from which North Fulton could seek judicial review....
...North Fulton, 263 Ga. at 814-815. Upon review of the additional record developed on remand, we conclude that the May 26, 1993 letter did not constitute a declaratory ruling because Roach did not issue the letter pursuant to any rule consistent with OCGA § 50-13-11....
...declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency.” Any party aggrieved by a declaratory ruling may seek judicial review of that ruling under the Administrative Procedures Act. See OCGA §§ 50-13-11 and 50-13-19 (b). Although on remand SHPA contended the letter was a declaratory ruling, it could not point to any rule authorizing declaratory rulings as contemplated by OCGA § 50-13-11....
...Id. We need not decide whether amended Rule 272-2-.07 (2) (1994), which establishes a procedure pursuant to OCGA § 31-6-47 (c) by which to request a decision regarding the applicability of an agency rule to the party’s proposed action, is also consistent with OCGA § 50-13-11....
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HCA Health Servs., Inc. v. Roach, 439 S.E.2d 494 (Ga. 1994).

Cited 14 times | Published | Supreme Court of Georgia | Feb 7, 1994 | 263 Ga. 798, 94 Fulton County D. Rep. 479

...bject to the agency's decisions. 1. HCA's petition for judicial review of SHPA's decisions was not filed within 30 days of those decisions and, therefore, assuming those decisions were declaratory rulings under the Administrative Procedure Act, OCGA § 50-13-11, the trial court did not err by dismissing the petition....
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North Fulton Med. Ctr., Inc. v. Roach, 440 S.E.2d 18 (Ga. 1994).

Cited 7 times | Published | Supreme Court of Georgia | Feb 21, 1994 | 263 Ga. 814, 94 Fulton County D. Rep. 641

...e. (a) North Fulton's claim for judicial review under the Administrative Procedure Act asserted that SHPA's letter determination that the relocation of the facility in question would not require a CON was a "declaratory ruling" under the APA, OCGA §§ 50-13-11; 50-13-19 (b)....