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Rules and Regulations of the State of Georgia
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Chapter 45-2 COUNCIL PROCEDURES

Rule 45-2-.01 Rules of Procedure for Regular Council Meetings

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.

Rule 45-2-.02 Procedure to Petition for Adoption of Rules

(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.

Rule 45-2-.03 Procedure for Declaratory Rulings

(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.