Unfiled and unpublished policy manual not entitled to judicial notice.

- Policy manual upon which a state agency relies, if never filed with or published by the Secretary of State pursuant to O.C.G.A. §§ 50-13-6 and50-13-7, is not entitled to judicial notice, even if the manual's publication is not statutorily required. Commissioner, Dep't of Human Resources v. Haggard, 173 Ga. App. 676, 327 S.E.2d 798 (1985).

Appellate court, on remand from the Supreme Court of Georgia, was unable to take judicial notice of the Public Service Commission's transportation rules as those rules had not been filed with the Secretary of State, so the rules had not become effective under the Georgia Administrative Procedure Act (APA), O.C.G.A. § 50-13-1 et seq., and were not part of the record; since the state was unable to alert the appellate court to any rule or regulation which served as a constitutionally adequate substitute for a warrant, the original decision, that a warrantless search of the defendant's commercial truck was improper, stood. Ponce v. State, 279 Ga. App. 207, 630 S.E.2d 840 (2006).

Cited in Cullers v. Home Credit Co., 130 Ga. App. 441, 203 S.E.2d 544 (1973); Outdoor Adv. Ass'n v. DOT, 186 Ga. App. 550, 367 S.E.2d 827 (1988).

Rules must be properly adopted to be valid.

- Any rule, regulation, resolution, etc., by whatever name called, which falls under the definition of a "rule," as defined by Ga. L. 1965, p. 283, §§ 2-4 (see O.C.G.A. § 50-13-2), must be adopted pursuant to the procedure for adoption of rules, i.e., Ga. L. 1965, p. 283, §§ 6, 7 and 8 and Ga. L. 1964, p. 338, § 6 (see O.C.G.A. §§ 50-13-4 through50-13-7), if it is to be valid against any person or party. Op. Att'y Gen. No. 71-158.

Decision not to file and withdrawal of rules.

- While the language of the Georgia Administrative Procedure Act, Ga. L. 1968, p. 338 § 1 et seq. (see O.C.G.A. Ch. 13, T. 50) is geared to the initial filing of a rule, there is no difference in principle between an initial decision not to file and a subsequent decision to withdraw that which has already been filed; in the context of the purposes for which that chapter was adopted, the statutory requirements and the statutory penalties, both situations would seem to be the same. 1971 Op. Att'y Gen. No. 71-58.

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 205.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 204.

U.L.A.

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