Chapter 45-2 COUNCIL PROCEDURES
Regular meetings of the Council shall be conducted, to the
extent practicable, in accordance with Robert's Rules of Order, 10th edition,
2000, which are hereby adopted as the Rules of Procedure for conducting such
meetings. The Council Chair, or the Council member acting in that capacity,
shall have the authority to make rulings regarding procedural matters and
issues coming before the Council. Once a quorum is established, a majority of
those present and voting may alter, amend, or reverse any such procedural
ruling. A copy of Robert's Rules of Order shall be maintained by the Secretary
of the Council and shall be available at all regular
meetings.
| (1) |
Any interested
person desiring to petition the Council requesting the promulgation, amendment
or repeal of a rule shall submit three copies of the petition, in writing, to
the Georgia Council on American Indian Concerns, c/o Department of Natural
Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1352 East, Atlanta,
Georgia 30334-9000.
No special form of petition shall be required but the petition
shall state fully the rule involved, the reason for the desired change, any
parties who it is known will be affected by the change, and any additional
facts known to the petitioner which might influence the decision of the Council
to initiate or not initiate rulemaking.
|
| (2) |
The Council shall act upon the petition
as prescribed in O.C.G.A § 50-13-9. |
| (1) |
Any person
wishing to file a petition for a declaratory ruling as to the applicability of
a statute or rule or order shall submit three copies of the petition, in
writing, to the Georgia Council on American Indian Concerns, c/o Department of
Natural Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1352 East,
Atlanta, Georgia 30334-9000. |
| (2) |
The petition shall state all the facts, including the names of those parties
involved in the fact situation, and shall include a statement of the legal
issue sought to be resolved. A declaratory ruling will not be issued on a
hypothetical fact situation, and any ruling requested must affect a specific
fact situation and specific parties, including the person or persons requesting
the ruling. If the parties involved in the fact situation include persons in
addition to the person requesting the ruling, the person or persons requesting
the ruling shall serve a copy of the petition upon such additional persons by
personal delivery or by mail. Service by mail shall be complete upon mailing by
first class mail, with proper postage attached, to such person. Every
submission shall be accompanied either by an acknowledgement of service from
the person served, or his authorized agent for service, or by a certificate of
service stating the date, place, and manner of service, and the name and
address of the persons served. Any person, including the additional parties
served, may seek to participate in a declaratory ruling proceeding in the
manner and under the standards provided by O.C.G.A § 50-13-14. |
| (3) |
Upon receiving the petition for a
declaratory ruling, the Council shall issue a ruling thereon as promptly as
possible. In doing so, the Council may seek the opinion of the Attorney
General. |
| (4) |
A ruling disposing of
a petition for a declaratory ruling shall have the same status as an
administrative law judge decision or order in a contested case. |
