O.C.G.A.
O.C.G.A.

O.C.G.A. § 50-13-7 (2019)

Secretary of State to publish compilation of rules and quarterly bulletin

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) The Secretary of State shall compile, index, and publish in print or electronically all rules adopted by each agency and remaining in effect. Compilations shall be supplemented or revised as often as necessary and at least once every two years. (b) The Secretary of State shall publish in print or electronically a quarterly bulletin in which the Secretary of State shall set forth the text of all rules filed during the preceding quarter. (c) The Secretary of State, in his or her discretion, may omit rules from the bulletin or compilation if their publication would be unduly cumbersome, expensive, or otherwise inexpedient, provided that the omitted rules are made available in electronic, printed, or processed form on application to the adopting agency and that the bulletin or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may be obtained. (d) The official compilation, Rules and Regulations of the State of Georgia, and bulletins shall be made available upon request free of charge to the heads of all departments, bureaus, agencies, commissions, and boards of this state; members of the General Assembly; Justices of

the Supreme Court, Judges of the Court of Appeals; judges, clerks, and district attorneys of the superior courts. The compilation and bulletins shall be made available upon request to other persons at a price fixed by the Secretary of State to cover publication and mailing costs. (e) The Secretary of State may engage the services of a privately operated editorial and publication firm experienced in the publication of annotated law books to compile, index, and publish such rules. The compilation shall conform in its arrangement as near as practicable to the Code of this state.

History

Ga. L. 1964, p. 338, § 7; Ga. L. 1965, p. 283, § 8; Ga. L. 1967, p. 893, § 1; Ga. L. 1968, p. 115, § 1; Ga. L. 2000, p. 1619, § 5.

Annotations

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

JUDICIAL DECISIONS 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 and 50-13-7, is not entitled to judicial notice, even if the manual’s publication is not statutorily re-

quired. Commissioner, Dep’t of Human Resources v. Haggard, 173 Ga. App. 676, 327 S.E.2d 798 (1985). Cited in State v. Bonini, 236 Ga. 896, 225 S.E.2d 907 (1976); State of Ga. v. International Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 788 S.E.2d 455 (2016).

OPINIONS OF THE ATTORNEY GENERAL 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 through 50-13-7), if it is to be valid against any person or party. 1971 Op. Att’y Gen. No. 71-158.

RESEARCH REFERENCES Am. Jur. 2d. - 2 Am. Jur. 2d, Administrative Law, § 193. C.J.S. - 73 C.J.S., Public Administrative Law and Procedure, §§ 185, 204.

U.L.A. - Model State Administrative Procedure Act (U.L.A.) § 2-101.

Notes of Decisions
Cited in 7 cases, 1994–2018 · leading case: State of Georgia v. Int'l Keystone Knights of the Ku Klux Klan, Inc., 788 S.E.2d 455 (Ga. 2016).
Sort: Relevance Newest Treatment
State of Georgia v. Int'l Keystone Knights of the Ku Klux Klan, Inc., 788 S.E.2d 455 (Ga. 2016). · cites it 2× “2 Although these conditions and requirements do not appear in the published Rules and Regulations of the State of Georgia, see OCGA § 50-13-7, they are contained in the record of this case.”
Fastcase, Inc. v. Lawriter, LLC, 907 F.3d 1335 (11th Cir. 2018). “O.C.G.A. § 50-13-7. In 2015, the Secretary delegated this duty to Lawriter pursuant to a contract that requires Lawriter to publish the regulations on the Secretary's website.”
Ponce v. State, 630 S.E.2d 840 (Ga. Ct. App. 2006). · cites it 8× “The official printed compilation of Georgia’s rules and regulations does not refer to the transportation rules at all — it neither includes them nor contains a notice, as permitted under OCGA § 50-13-7 (c), stating their general subject matter and how copies of them may be…”
Stephen Sultenfuss, Charles McMulling v. Wayne Snow, Jr., James T. Morris, Mobley Howell, Michael H. Wing, Bettye O. Hutchings, Michael J. Bowers, 35 F.3d 1494 (11th Cir. 1994). · cites it 2× “Beau Cutts, “Scientific" Parole Plan Aired, Atlanta Constitution, May 18, 1979, at Cl, C4.”
Owens v. Georgia Underwriting Ass'n, 476 S.E.2d 810 (Ga. Ct. App. 1996). · cites it 2× “OCGA § 50-13-7. Any court can take judicial notice of the rules and regulations of the executive branch that have been filed with the Secretary of State after adoption under the Administrative Procedure Act.”
Fastcase, Inc. v. Lawriter, LLC, 229 F. Supp. 3d 1301 (N.D. Ga. 2017). · cites it 2× “O.C.G.A. § 50-13-7. The SOS has delegated that duty to Lawriter pursuant to a contract requiring Lawriter to “publish a compilation of the Georgia Administrative Rules and Regulation[s] hosted on a World Wide Web Site” that must include certain content and meet minimum…”
Fastcase, Inc. v. Lawriter, LLC (11th Cir. 2018). “O.C.G.A. § 50-13-7. In 2015, the Secretary delegated this duty to Lawriter pursuant to a contract that requires Lawriter to publish the regulations on the Secretary’s website.”
— 50-13-7(a) — 1 case
Stephen Sultenfuss, Charles McMulling v. Wayne Snow, Jr., James T. Morris, Mobley Howell, Michael H. Wing, Bettye O. Hutchings, Michael J. Bowers, 35 F.3d 1494 (11th Cir. 1994). “Beau Cutts, “Scientific" Parole Plan Aired, Atlanta Constitution, May 18, 1979, at Cl, C4.”
— 50-13-7(c) — 1 case
Stephen Sultenfuss, Charles McMulling v. Wayne Snow, Jr., James T. Morris, Mobley Howell, Michael H. Wing, Bettye O. Hutchings, Michael J. Bowers, 35 F.3d 1494 (11th Cir. 1994). “Beau Cutts, “Scientific" Parole Plan Aired, Atlanta Constitution, May 18, 1979, at Cl, C4.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.