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Rules and Regulations of the State of Georgia
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Chapter 570-1 RULES OF GENERAL APPLICABILITY

Rule 570-1-.01 Organization

(1) There are three primary divisions within the Department of Public Safety; the Uniform Division, the Motor Carrier Compliance Division, and the Capitol Police Division.
(2) The mailing address of the Department of Public Safety Headquarters is P.O. Box 1456, Atlanta, Georgia 30371-1456. It is located at 959 E. Confederate Avenue, S.E., Atlanta, Georgia 30316-2303.
(3) All legal notices and all notices and correspondence should be directed to the Department of Public Safety Headquarters.

Rule 570-1-.02 General Definitions

The following definitions shall apply generally to all rules and regulations of the Department of Public Safety.

(a) "Board" shall mean the Board of Public Safety of the State of Georgia.
(b) "Commissioner" shall mean the Commissioner of Public Safety of the State of Georgia.
(c) "Department" shall mean the Department of Public Safety of the State of Georgia.

Rule 570-1-.03 Administrative Declaratory Rulings

(1) Availability of declaratory ruling. Any person whose legal rights will be interfered with or impaired by the application of any statutory provision or any rule or order of the Department may petition the Department and request a declaratory ruling thereon. The Department will not render advisory opinions, resolve questions which have become moot or are abstract or hypothetical, or otherwise act hereunder except with respect to such actual controversies or other cases upon which a superior court would be required to act under the Georgia declaratory judgment statutes as construed by the appellate courts of Georgia.
(2) Form of Petition. Each such petition shall be filed with the Department in writing and shall state:
(a) The name and post office address of the petitioner;
(b) The full text of the statute, rule, or order upon which a ruling is requested;
(c) A paragraphed statement of all pertinent and existing facts necessary to a determination of the applicability of the quoted statute or rule;
(d) The petitioner's contention, if any, as to the aforesaid applicability with citations of legal authorities, if any, which authorize, support or require a decision in accordance therewith;
(e) A statement setting forth in detail the petitioner's interest in the matter and why and how the petitioner is uncertain or insecure with respect to his rights. The petition shall be verified under oath by, or in proper behalf of, the petitioner.
(3) Proceedings on petition. If the Department shall determine that a decision can be rendered on the face of the petition without further proceedings, the Department shall render a summary decision thereon. Otherwise, parties shall be notified and the matter shall be heard in an informal hearing.
(4) Informal request for interpretation and rulings. The provisions of this Rule shall not be construed to preclude:
(a) Any person from requesting the Department to interpret or otherwise rule upon the applicability of any pertinent statute or rule informally by personal appearance before the Department, by letter or by telegram to the Department or any officer or member thereof; or
(b) The Department from acting upon any such request as and when it deems appropriate or from issuing any interpretive ruling without petition therefor.
(5) Any request presented in any manner other than in accordance with the provisions of 570-1-.03(2) and 570-1-.01(2)(3) above shall not be deemed to be filed as a Petition for Declaratory Ruling but shall be deemed an informal request for interpretation or ruling and shall be acted on as such.

Rule 570-1-.04 Petition for Adoption of Rules

(1) Form of petition. Each petition for adoption of rules made pursuant to the Georgia Administrative Procedure Act shall be filed with the Department in writing and shall state:
(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) A paragraphed statement of the reason such rule should be amended, repealed or promulgated, including a statement of all pertinent existing facts as to petitioner's interest in the matter;
(d) Citations of legal authorities, if any, which authorize, support, or require the action requested by petitioner. The petition should be verified under oath, or in proper behalf of, the petitioner.
(2) Proceeding on petition. Upon receipt of the petition, the Commissioner, the Deputy Commissioner, the chief executive of any division or divisions of the Department which might be affected by action taken pursuant to the petitioner's request, and the Board if the rule involves its policy-making function, shall decide upon the action to be taken. Within sixty (60) days, after receipt of the petition, the Department 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 rulemaking or rule-changing proceedings in accordance with the Georgia Administrative Act.

Rule 570-1-.05 Contested Cases Under the Administrative Procedure Act

The hearing and appeal procedures provided for in the Georgia Administrative Procedure Act shall be followed in cases which are directed by statute to be conducted pursuant to the Administrative Procedure Act. Contested cases heard pursuant to the Georgia Administrative Procedure Act shall be conducted in accordance with the procedures provided herein and the following procedures:

(a) Initiating a contested case. Any person who is legally entitled to contest a ruling or order of the Department may do so by filing with the Department a request for hearing which shall contain the following:
1. A title which indicates the nature of the proceedings;
2. The complete name and address of the party filing the request;
3. The name and address of all other interested parties;
4. A clear and concise statement of the facts upon which the contested case arises;
5. The legal authority under which the appeal is filed, including all code sections;
6. A prayer setting forth the relief sought;
7. If the party filing the request is represented by counsel, the name and address of counsel.
(b) All requests for a hearing must be signed by the party requesting the hearing or by party's counsel, if represented by counsel.
(c) Limitation on right to a hearing. The Department will grant hearings as a matter of right only upon timely receipt of a request therefor as described in (a) above, but may, in its discretion, allow extensions of time and amendments of requests for good cause shown.
(d) Upon receipt of a timely, properly filed request for a hearing, the Department will forward the request and all pertinent documents to the Georgia Office of State Administrative Hearings in accordance with that agency's rules.
(e) Hearings. All hearings will be held in accordance with all applicable statutes and with the rules of the State Office of Administrative Hearings and the Board of Public Safety.
(f) Final decisions. Pursuant to O.C.G.A. § 50-13-41(e)(3), the final decisions of the Office of State Administrative Hearings, will become the final decision of the Department of Public Safety or its Commissioner without further action and without the expiration of any further review period in appeals in the following matters:
1. Overweight Assessment Citations (O.C.G.A. § 32-6-27 (a.1)).
(g) Conduct of agency review.
1. Except for those cases where the decision of the Administrative Law Judge is the final agency decision under subsection (f) of this rule, there shall be available an agency review of the decision of the Administrative Law Judge.
2. Agency review shall be conducted by the Commissioner in all cases which do not require an exercise of the policy-making functions of the Department. All cases which do require an exercise of the policy-making functions of the Department shall be reviewed by the Board.
3. The Commissioner may, if he determines that conduct of agency review in any case in which he is the designated reviewing agency may involve exercise of a policy-making function, refer such case to the Board for agency review.
4. The agency may dispose of the case in any of the following ways:
(i) Affirm the initial decision of the hearing officer and adopt his findings and/or conclusions as is deemed appropriate;
(ii) Adopt a new decision based on the record;
(iii) Remand the case to the hearing officer for such further proceedings as the agency may order;
(iv) Reverse the hearing officer's decision and enter such order in the case as is deemed appropriate.
(h) Practice on agency review in cases not covered by subsection (f) of this rule. The practice and proceedings for securing agency review of an initial decision of a hearing officer shall be as follows:
1. Requests for agency review shall be submitted in writing to the Department of Public Safety within thirty days from the date of the initial decision. No hearing shall be held if requested thereafter except where events uncontrollable by the aggrieved party are shown to have prevented a timely request. In this regard, the decision of the agency shall be final.
2. A party desiring agency review may submit to the agency written arguments, briefs and motions within the same limitation as prescribed for a request for agency review. On agency review, the appealing party shall not present arguments, briefs, or motions to the agency except in writing as herein prescribed.
3. The agency decision on agency review shall be based solely on the record developed before the hearing officer and such arguments, briefs and motions as have been submitted in accordance with (c) above. No evidence will be received by the agency in any form.
4. If the party requesting agency review desires that the agency consider matters which are not part of the record, the agency should be requested to remand the matter to the hearing officer for receipt of such additional evidence. Remands for the purpose of receiving additional evidence will be granted only if deemed by the agency to be justified upon a showing that the evidence was not available at the time of the hearing, through no fault of the party requesting the remand, and could not have been made available by the exercise of reasonable diligence.
(i) Rehearings. Motions to reconsider an agency decision or ruling must be received at Department of Public Safety Headquarters within ten (10) days after the decision or ruling is rendered.
(j) Any appeals to the superior court from a final agency decision under the Administrative Procedure Act shall be served on the Department by personal service to the Legal Services Section of the Department of Public Safety at 959 E. Confederate Avenue, SE, Atlanta, Georgia 30316, or by mail to the Department of Public Safety, Legal Services Section, P.O. Box 1456, Atlanta, Georgia 30371-2303. Service on any other person, agency, or entity shall not be considered service on or notice to the Department of the action for the purpose of appeals of contested cases under the Administrative Procedure Act. The party or counsel shall also furnish a copy of the appeal by mail to the Office of State Administrative Hearings and to the Department of Law, Public Safety Section, 40 Capitol Square, SW, Atlanta, Georgia 30334-1300.
(k) In hearings conducted pursuant to O.C.G.A. § 40-5-67.1(g), the arresting law enforcement officer may act on behalf of the Department as the complainant.

Rule 570-1-.06 Repealed

Rule 570-1-.07 Repealed