Adoption of Rules of Organization and Practice; Public Inspection and Validity of Rules, Policies, Orders, Decisions, and Opinions

1. Law
2. Georgia Code
3. State Government
4. Administrative Procedure
5. General Provisions
6. Adoption of Rules of Organization and Practice; Public Inspection and Validity of Rules, Policies, Orders, Decisions, and Opinions

1. In addition to other rule-making requirements imposed by law, each agency shall:
   1. Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;
   2. Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;
   3. Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and
   4. Make available for public inspection all final orders, decisions, and opinions except those expressly made confidential or privileged by statute.
2. No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has been published or made available for public inspection as required in this Code section. This provision is not applicable in favor of any person or party who has actual knowledge thereof.

(Ga. L. 1964, p. 338, § 3; Ga. L. 1965, p. 283, § 5.)

Law reviews.

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

JUDICIAL DECISIONS

WIC vendor handbook.

- Although Women, Infants, and Children Program vendor handbook was subject to the publication and inspection requirements of O.C.G.A. § 50-13-3(a), as defendants all had actual knowledge of the rules and regulations in question, these rules and regulations were valid and effective against the defendants, despite the lack of required publication by the Department of Human Resources. So v. Ledbetter, 209 Ga. App. 666, 434 S.E.2d 517 (1993).

Georgia Bureau of Investigation's rules.

- Forensic Sciences Division of the Georgia Bureau of Investigation is exempt under O.C.G.A. § 35-3-155 from the requirement of O.C.G.A. § 50-13-3(b) that it publish its rules for granting permits for the administration of breath, blood, and urine tests. State v. Bowen, 274 Ga. 1, 547 S.E.2d 286 (2001).

Forensic testing procedures.

- Standard Operating Procedures for urinalysis testing of the Division of Forensic Sciences of the Georgia Bureau of Investigation satisfied the requirements regarding adoption and publication of rules under O.C.G.A. § 50-13-3. State v. Cooper, 229 Ga. App. 97, 493 S.E.2d 1 (1997).

Cited in Cullers v. Home Credit Co., 130 Ga. App. 441, 203 S.E.2d 544 (1973); Georgia State Bd. of Dental Exmrs. v. Daniels, 137 Ga. App. 706, 224 S.E.2d 820 (1976); Mowery v. State, 234 Ga. App. 801, 507 S.E.2d 821 (1998); Olvera v. Univ. Sys. of Georgia's Bd. of Regents, 298 Ga. 425, 782 S.E.2d 436 (2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 193.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 161 et seq., 192, 196, 204.

U.L.A.

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

ALR.

- What constitutes preliminary drafts or notes provided by or for state or local governmental agency, or intra-agency memorandums, exempt from disclosure or inspection under state freedom of information acts, 26 A.L.R.4th 639.

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