Petition for Promulgation, Amendment, or Repeal of Rule; Agency Response

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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.

(Ga. L. 1964, p. 338, § 9.)

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.


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