Agency Rulemaking Petition - Georgia

AGENCY RULEMAKING PETITION — GEORGIA

Georgia Administrative Procedure Act

O.C.G.A. § 50-13-9

PART ONE: COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City, Georgia, ZIP Code]

Re: Petition for Rulemaking Under O.C.G.A. § 50-13-9
Subject: Request to [Promulgate / Amend / Repeal] Rule(s) Concerning [________________________________]

Dear [________________________________] [Agency Head / Commissioner / Director]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to O.C.G.A. § 50-13-9, requesting that [________________________________] [Agency Name] initiate rule-making proceedings to [promulgate / amend / repeal] rules pertaining to [________________________________] [subject matter].

The undersigned petitioner is an interested person within the meaning of the Georgia Administrative Procedure Act. We respectfully request that the agency act upon this petition within thirty (30) days as required by statute, either by initiating rule-making proceedings or issuing a written denial stating the reasons therefor.

This petition includes the following:

☐ Formal Petition for Rulemaking
☐ Statement of Petitioner's Interest
☐ Proposed Rule Text
☐ Statement of Need and Basis
☐ Legal Authority Analysis
☐ Impact Analysis
☐ Supporting Evidence and Exhibits

Please acknowledge receipt of this petition and advise the undersigned of any docket number or reference assigned.

Respectfully submitted,

[________________________________]
[Petitioner Name]
[________________________________]
[Title / Position]
[________________________________]
[Organization / Entity]
[________________________________]
[Street Address]
[________________________________]
[City, Georgia, ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

PART TWO: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________] [AGENCY NAME]

PETITION FOR [PROMULGATION / AMENDMENT / REPEAL] OF RULE

Petition Filed Pursuant to O.C.G.A. § 50-13-9

I. PETITIONER INFORMATION

Petitioner Name: [________________________________]

Organization / Entity: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented): [________________________________]

Georgia Bar Number: [________________________________]

II. STANDING AND INTEREST OF PETITIONER

Under O.C.G.A. § 50-13-9, an interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency prescribes by rule the form for petitions and the procedure for their submission, consideration, and disposition.

Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]

How Petitioner Is Affected by the Current Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

Petitioner's Standing Category:

☐ Regulated entity subject to the agency's jurisdiction
☐ Individual directly affected by agency rules
☐ Business or organization affected by agency rules
☐ Trade association or professional organization representing affected parties
☐ Advocacy organization with interest in the subject matter
☐ Local government or municipal entity
☐ Other interested person (specify): [________________________________]

III. RELIEF REQUESTED

Petitioner respectfully requests that [________________________________] [Agency Name] initiate rule-making proceedings to:

☐ Promulgate a new rule concerning [________________________________]
☐ Amend existing rule(s): [________________________________] [Georgia Compilation of Rules and Regulations Citation(s)]
☐ Repeal existing rule(s): [________________________________] [Georgia Compilation of Rules and Regulations Citation(s)]

Brief Summary of Requested Action:

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND BASIS

A. Problem Description

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Current Regulatory Framework

[________________________________]
[________________________________]
[________________________________]

C. Deficiencies in Current Rules

[________________________________]
[________________________________]
[________________________________]

D. How the Proposed Rule Addresses the Problem

[________________________________]
[________________________________]
[________________________________]

E. Benefits of the Proposed Action

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE TEXT

Current Rule (if amending or repealing):

Georgia Compilation of Rules and Regulations Rule [________________________________]
[________________________________]
[Insert current rule text, if applicable]

Proposed New or Amended Text:

[________________________________]
[Insert proposed rule language]
[Use strikethrough for deletions and underline/bold for additions if amending]

Alternative Language (if any):

[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Agency's Statutory Authority to Adopt the Proposed Rule

B. Consistency with the Georgia Constitution and O.C.G.A.

[________________________________]
[________________________________]
[________________________________]

C. Consistency with Existing Rules in the Georgia Compilation of Rules and Regulations

[________________________________]
[________________________________]

D. Federal Preemption Analysis (if applicable)

[________________________________]
[________________________________]

E. Interaction with Other State Agency Rules

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

Affected Parties and Estimated Costs:

B. Small Business Impact

☐ The proposed rule will not have a significant impact on small businesses
☐ The proposed rule may impact small businesses as follows:
[________________________________]
[________________________________]

C. Environmental Impact

[________________________________]
[________________________________]

D. Public Health and Safety Impact

[________________________________]
[________________________________]

E. Administrative Impact on the Agency

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

X. PETITIONER'S REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition and assign a docket or reference number;

2. Within thirty (30) days after submission of this petition, as required by O.C.G.A. § 50-13-9, either:
   (a) Initiate rule-making proceedings in accordance with O.C.G.A. § 50-13-4; or
   (b) Deny the petition in writing, stating the reasons for the denial;

3. If rule-making proceedings are initiated, follow the notice and comment procedures required under O.C.G.A. § 50-13-4;

4. Provide the petitioner with copies of all notices, decisions, and communications related to this petition;

5. Publish notice of the proposed rule in the manner required by Georgia law.

XI. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements contained in this petition are true and correct to the best of my knowledge and belief. I further certify that I am an interested person within the meaning of O.C.G.A. § 50-13-9.

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

PART THREE: FILING INSTRUCTIONS

Georgia-Specific Procedural Requirements

A. Who May Petition

Under O.C.G.A. § 50-13-9, an interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule.

B. Petition Form and Procedure

Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Before filing:

☐ Check the agency's specific rules in the Georgia Compilation of Rules and Regulations for the prescribed petition form
☐ Contact the agency to confirm the required form and filing procedure
☐ Review the agency's website for electronic filing options
☐ Confirm the agency's preferred delivery method

C. Where to File

File the petition with the agency that has jurisdiction over the subject matter:

☐ Submit to the agency's main office or designated contact
☐ Address to the agency head or commissioner
☐ If available, use any electronic filing system
☐ Retain proof of filing (certified mail receipt, date stamp, electronic confirmation)

D. Secretary of State — Rules Division

Georgia agencies file rules with the Secretary of State's office. The Georgia Compilation of Rules and Regulations is maintained by the Secretary of State. Petitioners may wish to:

☐ Review the current rules at the Secretary of State's website
☐ Confirm the current version of the rule to be amended or repealed
☐ Monitor the Secretary of State's website for agency action

E. Service and Copies

☐ Prepare sufficient copies for the agency and for your records
☐ Consider providing courtesy copies to relevant legislative committees
☐ Notify known interested parties of the filing

PART FOUR: AGENCY RESPONSE REQUIREMENTS

Timeline Under O.C.G.A. § 50-13-9

Within thirty (30) days after submission of the petition, the agency must either:

1. Deny the petition in writing, stating its reasons for the denial; or

2. Initiate rule-making proceedings in accordance with O.C.G.A. § 50-13-4.

If the Agency Initiates Rulemaking (O.C.G.A. § 50-13-4)

The agency must follow Georgia's rulemaking procedures:

☐ Give at least 30 days' notice of intended action (O.C.G.A. § 50-13-4(a)(1))
☐ Publish notice in a manner calculated to provide notice to persons likely to be affected
☐ State the terms or substance of the intended action or a description of the subjects and issues involved
☐ State the time, place, and manner in which interested persons may present their views
☐ Publish the notice on the agency's website
☐ File notice with the Secretary of State
☐ Allow interested persons a reasonable opportunity to submit data, views, or arguments
☐ Consider fully all written and oral submissions
☐ If the agency convenes a public hearing, provide the opportunity for cross-examination of those presenting views
☐ File adopted rules with the Secretary of State as required

Emergency Rulemaking

Under O.C.G.A. § 50-13-4(b), if the agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than 30 days' notice, the agency may proceed with emergency rulemaking with such notice as is practicable.

If the Agency Denies the Petition

The denial must:

• Be in writing
• State the reasons for the denial
• Be issued within 30 days of the submission of the petition

PART FIVE: APPEAL OF DENIAL

Challenging an Agency Denial

If the agency denies the petition or fails to act within the 30-day statutory period, petitioner may consider the following remedies:

A. Declaratory Ruling (O.C.G.A. § 50-13-10)

Any person substantially affected by a rule may petition the agency for a declaratory ruling with respect to the validity or applicability of the rule. The agency in its discretion may issue a declaratory ruling.

Requirements:

• The petitioner must be substantially affected by the rule
• The petition must identify the specific rule at issue
• The agency's ruling has the same status as an order in a contested case

B. Judicial Review (O.C.G.A. § 50-13-19)

A person who has exhausted all administrative remedies and who is aggrieved by a final decision in a contested case is entitled to judicial review under the Georgia APA.

Filing Requirements:

• File a petition for judicial review in the Superior Court of the county where the agency maintains its headquarters, or where the petitioner resides, within 30 days of the final agency decision
• The petition must name the agency as respondent
• The petition must state the grounds upon which review is sought

Standard of Review:
The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

• In violation of constitutional or statutory provisions
• In excess of the statutory authority of the agency
• Made upon unlawful procedure
• Affected by other error of law
• Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record
• Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion

C. Mandamus

If the agency fails to act within the 30-day period, petitioner may consider seeking a writ of mandamus to compel the agency to perform its statutory duty.

D. Legislative Remedy

Petitioner may seek legislative intervention by contacting:

• Members of the General Assembly representing the petitioner's district
• Relevant legislative committees with jurisdiction over the subject matter
• The Governor's office

PART SIX: DOCUMENT CHECKLIST

Before Filing — Confirm Completion of All Items

☐ Reviewed the agency's specific rules for the prescribed petition form and procedure
☐ Obtained any required agency-specific petition form
☐ Completed all sections of the petition with accurate information
☐ Drafted proposed rule text in proper format
☐ Included statement of petitioner's interest and standing
☐ Provided legal authority analysis with accurate statutory citations
☐ Prepared impact analysis
☐ Gathered and attached all supporting exhibits
☐ Proofread the petition for accuracy and completeness
☐ Obtained attorney review (recommended)
☐ Prepared sufficient copies for filing and records
☐ Arranged for proper filing and proof of delivery
☐ Calendared the 30-day deadline for agency response
☐ Retained a complete copy of the petition and all exhibits
☐ Notified known interested parties (if applicable)

PART SEVEN: PRACTICE TIPS FOR GEORGIA

Strategic Considerations

1. Check Agency-Specific Rules First. O.C.G.A. § 50-13-9 directs each agency to prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Review the relevant section of the Georgia Compilation of Rules and Regulations before filing.

2. Use the Georgia Compilation of Rules and Regulations. The rules maintained by the Secretary of State are the official compilation. Cite to specific rule sections and ensure you have the current version of any rule you seek to amend or repeal. The Rules are accessible through the Secretary of State's website.

3. Build a Coalition. Petitions supported by multiple stakeholders carry greater weight. Trade associations, professional organizations, and affected businesses can jointly petition or provide letters of support.

4. Provide Substantive Data. The more data and analysis you provide, the more seriously the petition will be treated. Include economic impact data, public health and safety information, and comparative analysis from other states.

5. Engage the Agency Informally First. Before filing a formal petition, consider engaging with the agency informally to discuss the proposed rule change. This can help identify potential objections and build support within the agency.

6. Monitor the Secretary of State's Website. Georgia rules are filed with and maintained by the Secretary of State. Monitor the website (https://rules.sos.state.ga.us) for updates on the agency's response to your petition and any rulemaking activity.

7. Understand the 30-Day Timeline. The agency has a clear 30-day deadline. If the agency fails to respond, document the failure and consider your legal remedies, including mandamus.

8. Prepare for Public Participation. If the agency initiates rulemaking under O.C.G.A. § 50-13-4, prepare to participate actively in the notice-and-comment process. Georgia requires at least 30 days' notice of intended action.

9. Consider a Declaratory Ruling. Under O.C.G.A. § 50-13-10, you may petition for a declaratory ruling on the validity or applicability of an existing rule. This may be a useful alternative or supplement to a rulemaking petition.

10. Judicial Review Limitations. Georgia courts apply a deferential standard of review to agency rulemaking decisions. When seeking judicial review, focus on whether the agency exceeded its statutory authority, followed proper procedure, or acted arbitrarily.

SOURCES AND REFERENCES

• Official Code of Georgia Annotated (O.C.G.A.), Title 50, Chapter 13 — Administrative Procedure
• § 50-13-2: Definitions
• § 50-13-3: Public information — rules and orders
• § 50-13-4: Adoption of rules
• § 50-13-9: Petition for promulgation, amendment, or repeal of rule; agency response
• § 50-13-10: Declaratory ruling by agency
• § 50-13-19: Judicial review of contested cases
• Georgia Secretary of State — Rules and Regulations: https://rules.sos.state.ga.us
• Georgia General Assembly: https://www.legis.ga.gov
• Georgia Compilation of Rules and Regulations (Ga. Comp. R. & Regs.)

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Georgia before filing a petition for rulemaking. Statutory citations are current as of the last updated date but should be independently verified.