Chapter 92-1 RULES OF GENERAL APPLICABILITY

Rule 92-1-.01 Organization

(1)	The Georgia Bureau of Investigation is Comprised of four divisions: Administrative Division, Investigative Division, Forensic Sciences Division and the Georgia Crime Information Center Division.

(2)	The mailing address of the Georgia Bureau of Investigation is 1001 International Boulevard, Suite 800, Hapeville, Georgia 30354.

(3)	All legal notices and all notices and correspondence reflecting administrative proceedings should be directed to the Director, Georgia Bureau of Investigation.

Rule 92-1-.02 General Definitions

The following definitions shall apply generally to all rules and regulations of the Georgia Bureau of Investigation:

(a)	"Board" shall mean the Board of Public Safety of the State of Georgia.

(b)	"Director" shall mean the Director of the Georgia Bureau of Investigation.

(c)	"Bureau" shall mean the Georgia Bureau of Investigation.

(d)	"Hearing" shall mean a right of the Bureau and of parties affected by any action of the Bureau to present either formally or informally, relevant information, testimony, documents, evidence and arguments 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 Bureau or other person so designated by the Director or the Board who shall be employed or appointed by the Director for purpose as needed and shall be authorized to exercise such powers as are given such persons by statute or rule.

Rule 92-1-.03 Administrative Declaratory Rulings

(1)

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 Bureau may petition the Bureau and request a declaratory ruling thereon. The Bureau 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)

Each such petition shall be filed with the Bureau 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)	If the Bureau shall determine that a decision can be rendered on the face of the petition without further proceedings, the Bureau shall render a summary decision thereon. Otherwise, parties shall be notified and the matter shall be heard in an informal hearing.

(4)

The provisions of this rule shall not be construed to preclude:

(a)	Any person from requesting the Bureau to interpret or otherwise rule upon the applicability of any pertinent statute or rule informally by personal appearance before the Bureau by letter or telegram to the Bureau or any officer or member thereof; or

(b)	The Bureau 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 these rules 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 92-1-.04 Petition for Adoption of Rules

(1)

Each petition for adoption of rules made pursuant to the Georgia Administrative Procedures Act shall be filed with the Bureau 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 the 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)

Upon receipt of the petition, the Director or the chief executive of any division or divisions of the Bureau 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 Bureau 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-changing proceedings in accordance with the Georgia Administrative Procedures Act.

Rule 92-1-.05 Contested Cases Under the Administrative Procedures Act

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

(a)

Any person who is legally entitled to contest a ruling or order of the Bureau may do so by filing with the Bureau 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.	A prayer setting forth the relief sought;

6.	If the party filing the request is represented by counsel, the name and address of counsel.

(b)	The Bureau will grant hearings as a matter of right only upon timely receipt of a request therefor as described in (a) above, but may, at its discretion, allow extensions of time and amendments of requests for good cause shown.

(c)

Any application to the Bureau to enter any order to 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 entire case is ruled upon unless the moving party specifically requests a hearing at some other time and the agency deems such ruling appropriate.

(d)	Hearings in all contested cases shall be conducted before a hearing officer appointed by the Bureau. Upon conclusion of the hearing, the hearing officer shall prepare an initial decision, a copy of which shall be mailed to the party requesting the hearing.

(e)

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 Bureau 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 limitations 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 (b) 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 a 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 shall 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.

(f)

Agency review shall be conducted by the Director in all cases which do not require an exercise of the policy-making functions of the Bureau. All cases which do require an exercise of the policy-making functions of the Bureau shall be reviewed by the Board.

1.	Cases in which agency review shall be given by the Director include, but are not limited to, those arising under Georgia Laws 1977, pp. 1164, 1168, as amended, (Ga. Code Ann. Chapter 91-A-63A).

2.	The Director 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.

3.

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 proceeding as the agency may order;

(iv)	Reverse the hearing officer's decision and enter such order in the case as is deemed appropriate.

(g)	Motions to reconsider an agency decision or ruling must be received at Georgia Bureau of Investigation Headquarters within ten (10) days after the decision or ruling is rendered.

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