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

O.C.G.A. § 50-13-9 (2019)

Petition for promulgation, amendment, or repeal of rule; agency response

✓ 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.
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An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within 30 days after submission of a petition, the agency either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule-making proceedings in accordance with Code Section 50-13-4.

History

Ga. L. 1964, p. 338, § 9.

Annotations

Law reviews. - For survey article on

administrative law, see 60 Mercer L. Rev. 1 (2008).

JUDICIAL DECISIONS Service of notice of appeal. - In an appeal of the Georgia Public Service Commission’s decision imposing a fine for severing a telephone cable, the trial court did not err when the court denied the Commission’s motion to dismiss the appeal

because notice of the motion was not personally served on the Commission as the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., did not specify how service of the notice was to be perfected on the Commission, and there was

no express statutory requirement for personal service. Douglas Asphalt Co. v. Ga.

PSC, 263 Ga. App. 711, 589 S.E.2d 292 (2003).

RESEARCH REFERENCES Am. Jur. 2d. - 2 Am. Jur. 2d, Administrative Law, §§ 190 et seq., 214, 217. C.J.S. - 73 C.J.S., Public Administrative Law and Procedure, § 182 et seq. 73A

C.J.S., Public Administrative Law and Procedure, § 297 et seq. U.L.A. - Model State Administrative Procedure Acts (1961 and 1981), 15 U.L.A.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2023 · leading case: Charles H. Wesley Educ. Found., Inc. v. State Election Bd., 654 S.E.2d 127 (Ga. 2007).
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Charles H. Wesley Educ. Found., Inc. v. State Election Bd., 654 S.E.2d 127 (Ga. 2007). · cites it 95× “OCGA § 50-13-9. During a public meeting on September 14, 2005, at which the Board adopted certain previously announced amendments, it was discovered that the Board's staff and attorneys had inadvertently failed to forward Appellant's petition to Board members.”
Sohail N. Butt v. Brian P. Kemp, in His Off. Capacity as Governor of the State of Georgia (Ga. Ct. App. 2023). · cites it 2× “3 OCGA § 50-13-9 provides as follows: “An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule.”
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.