Chapter 672-1 RULES OF GENERAL APPLICABILITY
|(1)||The divisions within the Department of Transportation shall be those deemed by the Commissioner of the Department of Transportation to be necessary and proper for the efficient operation of the Department.|
|(2)||The mailing address and location of the State Department of Transportation is the State Highway Building, No. 2 Capitol Square, Atlanta, Georgia 30334.|
|(3)||All legal notices and all notices and correspondence respecting administrative proceedings should be directed to the Department of Transportation.|
The following definitions shall apply generally to all rules and regulations of the Department of Transportation.
|(a)||"Board" shall mean the State Transportation Board of the State of Georgia.|
|(b)||"Department" shall mean the Department of Transportation of the State of Georgia.|
|(c)||"Commissioner" shall mean the Commissioner of the Department of Transportation of the State of Georgia.|
|(d)||"Hearing" shall mean a right of the Department and of parties affected by any action of the Department to present, either formally or informally, relevant information, testimony, documents, evidence and argument as to why such action should or should not be taken.|
|(e)||"Hearing Examiner" or "Hearing Officer" or "Reviewing Officer" shall mean an officer or employee of the Department or other person so designated by the Commissioner who shall be employed or appointed by the Department for this purpose as needed and shall be authorized to exercise such powers as are given such persons by statute or rule, except that in contested cases relating to bidder prequalification arising under the provisions of Chapter 672-5, Rules of the State Department of Transportation,"Hearing Examiner" or "Hearing Officer" or "Reviewing Officer" shall mean the Board of Review as defined in Rule 672-5-.02(a), Rules of the State Department of Transportation.|
|(f)||Department or agency review shall mean a Department review of the initial determination of the hearing examiner or hearing officer designated by the Commissioner to conduct the hearing as authorized in Rule 672-1-.05(e), and shall be conducted in the manner prescribed in Rule 672-1-.05(f) and (g).|
|(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:
|(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.|
Informal request for interpretation and rulings. The provisions of this Rule
shall not be construed to preclude:
|(5)||Any request presented in any manner other than in accordance with the provisions of Rules 672-1-.01(2),(3) and 672-1-.03(2) 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.|
|(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:
|(2)||Proceeding on petition. Upon receipt of the petition, the Commissioner or the Deputy Commissioner, and the Board if the rule involves its policy-making function, shall decide upon the action to be taken. Within thirty (30) 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 rule-making or rule-changing proceedings in accordance with the Georgia 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 and in cases where no procedure is specified by law. Contested cases, including appeals to the Commissioner demanding return of monies collected under the provisions of Code Section 32-6-27, O.C.G.A., heard pursuant to the Georgia Administrative Procedure Act shall be conducted in accordance with the procedures provided therein 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:
|(b)|| Limitation on right to a
|(c)||Responses to requests for hearing. The Department will respond to all requests for hearings with a notice scheduling a hearing or with an order denying the request for hearing and stating the reasons for a denial.|
|(d)||Motions. Any application to the Department to enter any order or take any action after the filing of a request for hearing shall be by motion which, unless made during a hearing, shall be made in writing, shall state specifically the grounds therefor, and shall set forth the action or order sought. No motion shall be ruled upon except when the case in chief is ruled upon unless the moving party specifically requests a ruling at some other time and the agency deems such ruling appropriate.|
|(e)||Hearings. Hearings in all contested cases shall be conducted before a hearing officer appointed by the Department. Upon conclusion of a hearing, the hearing officer shall prepare an initial decision, a copy of which shall be mailed to the party requesting the hearing. Such a decision on bidder prequalification will be mailed no later than ten (10) days after the hearing.|
|(f)|| Practice on agency review. The practice
and proceedings for securing agency review of an initial decision of a hearing
officer shall be as follows:
|(g)|| Conduct of agency review.
|(h)||Rehearings. Motion to reconsider an agency decision or ruling must be received at Department of Transportation Headquarters within ten (10) days after the decision or ruling is rendered.|
Upon application, and sufficient cause being shown, the Commissioner may issue an emergency permit, from which he may exclude, as he deems necessary and appropriate, certain conditions otherwise applicable to overweight and overdimensional permits as outlined in Chapters 672-2, 672-3, and 672-4 of these Rules and Regulations. Such emergency permit may be issued only where the anticipated movement for which a permit is necessary is required by a governmental agency or a public utility in an effort to alleviate hardship and suffering in situations where an emergency or disaster exists.
All contested cases arising from a decision made by the Department under the Georgia Rural Transportation Program shall be handled in accordance with the practices and procedures set forth in Rule 672-1-.05, Rules of the Georgia Department of Transportation.
Upon application, and sufficient cause being shown, the Commissioner may issue a special permit, for mobile homes traveling the public roads of this State, which would allow a mobile home in excess of twelve feet wide up to and including fourteen feet wide to have a total overall combination length of 95 feet, to include a towing vehicle no smaller than a 15 foot mobile home toter.