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:

Confirm that the target body is an "agency" under O.C.G.A. § 50-13-2(1); that definition excludes specified public bodies.

☐ 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
☐ Track the agency's response directly and request its advance-notice mailing list for proposed rulemaking

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))
☐ Include an exact copy and synopsis of the proposed rule and the agency's statement of its economic impact
☐ For an amendment, identify the existing rule and explain the differences in the synopsis
☐ State the exact date, time, and place when the agency will consider adoption and interested persons may present views
☐ Cite the authority for the proposed rule and mail notice to persons on the agency's advance-notice list who tendered the mailing cost
☐ Allow interested persons a reasonable opportunity to submit data, views, or arguments
☐ Consider fully all written and oral submissions
☐ For a substantive rule, grant an oral hearing if requested by 25 directly affected persons, a governmental subdivision, or an association of at least 25 members
☐ File adopted rules with the Secretary of State as required

Emergency Rulemaking

Under O.C.G.A. § 50-13-4(b), an agency that finds an imminent peril to the public health, safety, or welfare and states its reasons in writing may adopt an emergency rule without prior notice or hearing, or with abbreviated notice and hearing it finds practicable. Check that subsection's duration and any special requirements before using this route.

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: AFTER DENIAL OR NO RESPONSE

Check the Available Route

O.C.G.A. § 50-13-9 requires a written denial with reasons or initiation of rulemaking within 30 days. It does not itself create an appeal from a denial. Section 50-13-19 governs review of final decisions in contested cases; an ordinary rulemaking-petition denial is not a contested-case decision merely because the agency denied it. Review the agency's governing statute and the particular action before choosing a court route.

A. Declaratory Ruling (O.C.G.A. § 50-13-11)

An agency must provide by rule for the filing and prompt disposition of petitions for declaratory rulings about the applicability of a statutory provision or one of its rules or orders. O.C.G.A. § 50-13-11. A court action challenging the validity of a rule, waiver, or variance is addressed separately in O.C.G.A. § 50-13-10.

Requirements:

• Follow the agency's filing rule for declaratory-ruling petitions
• Identify the statutory provision, agency rule, or agency order whose applicability is at issue
• The agency's ruling has the same status as an order in a contested case

B. Existing Rule, Waiver, or Variance (O.C.G.A. § 50-13-10)

If the validity or threatened application of an existing rule, waiver, or variance impairs legal rights, § 50-13-10 provides a separate declaratory-judgment route. That route does not turn a denied request to make a new rule into a contested case. Check the statutory parties, service, and venue requirements before filing.

C. Failure to Perform the Response Duty

If the agency fails to act within the 30-day period, obtain advice on whether mandamus or another remedy can compel performance of the response duty. A court order compelling a response would not itself require the agency to adopt the requested rule.

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. Track the Agency's Response and Notices. Request the agency's written decision on this petition directly from the agency. If the agency starts rulemaking, follow its proposed-rule notices and request placement on its advance-notice mailing list in writing, tendering the actual mailing cost as required by O.C.G.A. § 50-13-4(a)(1). Use the Secretary of State's rules site (https://rules.sos.state.ga.us) to check adopted rule text.

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. § 50-13-11, you may petition the agency for a ruling about the applicability of a statutory provision or an agency rule or order. O.C.G.A. § 50-13-10 separately permits a superior-court action challenging the validity of a rule, waiver, or variance.

10. Review Route. A § 50-13-9 denial does not automatically qualify for § 50-13-19 contested-case review. Identify any separate agency statute or independently reviewable action before planning litigation.

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 judgment action in superior court
• § 50-13-11: Declaratory rulings by agencies
• § 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.