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Georgia Regulations § 183-1-1-.01 Procedure to Petition for Adoption of Rules

Up to Subject 183-1-1: Preliminary Provisions

Regulation Text

(1) Interested persons may petition the State Election Board requesting the promulgation, amendment, or repeal of a rule. Such petition should be in the form of a letter addressed to the Board setting forth the language of the proposed rule, amendment, or repeal, and, where applicable, the language of the rule sought to be amended or repealed.
(2) Any interested person desiring to petition the Board requesting the promulgation, amendment, or repeal of a rule shall submit three copies of the petition, in writing, by certified or registered mail, to the Chairperson of the State Election Board, 2 Martin Luther King, Jr. Drive, S.E., Suite 1104, West Tower, Atlanta, Georgia 30334-9000.
(3) Each petition for the promulgation, amendment, or repeal of a rule made pursuant to the Georgia Administrative Procedures Act should be verified under oath, or in proper behalf of, the petitioner and shall contain:
(a) The name and post office address of the petitioner;
(b) The full text of the rule requested to be amended or repealed, or the full text of the rule desired to be promulgated;
(c) The reason(s) such rule should be amended, repealed, or promulgated;
(d) Any and all pertinent existing facts as to the petitioner's interest in the matter;
(e) Any and all facts known to the petitioner which might influence the decision of the Board to initiate or not initiate rulemaking, including identification of any parties who it is known will or may be affected by the amended, repealed, or promulgated rule; and
(f) Citations of legal authorities, if any, which authorize, support, or require the action requested by the petitioner.
(4) Within thirty (30) days after submission of a petition for the promulgation, amendment, or repeal of a rule or at the next regularly-scheduled meeting of the State Election Board, the Board shall decide upon the action to be taken. The Board shall not be forced to call a special meeting in order to address such a petition. If such a petition is received less than twenty (20) days before a regularly-scheduled meeting, the Board may vote to address the petition at its next regularly-scheduled meeting. Within ten (10) days after addressing the petition, the Board shall inform the petitioner by mail of the decision reached, and shall either decline to take the action requested, stating its reasons for so declining, or shall initiate rule-making proceedings in accordance with the Georgia Administrative Procedures Act.

History

Original Rule entitled "Procedure to Petition for Adoption of Rules" adopted. F. Feb. 22, 2008 ; eff. Mar. 13, 2008 .

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