HB 1414 - Administrative procedure; rule changes; requirements
Georgia House of Representatives - 1995/1996 Sessions
HB 1414 - Administrative procedure; rule changes; requirements
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
Code Sections - 50-13-4
1. Klein 39th 2. Smith 169th 3. Smith 102nd
4. Kinnamon 4th 5. Westmoreland 104th 6. Brooks 103rd
House Comm: GAff / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/24/96 Read 1st Time
1/25/96 Read 2nd Time
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Code Sections amended:
HB 1414 LC 9 8594
A BILL TO BE ENTITLED
AN ACT
1- 1 To be known as the "Regulation Accountability Act of 1996";
1- 2 to provide a short title; to amend Chapter 13 of Title 50 of
1- 3 the Official Code of Georgia Annotated, known as the
1- 4 "Georgia Administrative Procedure Act," so as to change the
1- 5 definition of the term "rule" as used in such chapter; to
1- 6 provide for the inclusion of certain manuals and statements
1- 7 within the meaning of such term; to change certain time
1- 8 periods relating to notice of proposed actions; to clarify
1- 9 the provisions relating to mailing of notices and the
1-10 maintenance of mailing lists; to change the provisions
1-11 relating to emergency rules; to provide that emergency rules
1-12 shall not be renewed or reissued as emergency rules; to
1-13 provide that certain rules to which objections are filed
1-14 shall not become effective until a certain date; to provide
1-15 that certain rules shall not become effective; to change the
1-16 procedure for review, objection, and overruling of rules by
1-17 committees of the General Assembly and by the General
d d d @ d @ d ( @ d @ d @ d ] @ d
1-19 the provisions relating to the effective date of rules; to
1-20 repeal conflicting laws; and for other purposes.
1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-22 This Act shall be known and may be cited as the "Regulation
1-23 Accountability Act of 1996."
SECTION 2.
1-24 Chapter 13 of Title 50 of the Official Code of Georgia
1-25 Annotated, known as the "Georgia Administrative Procedure
1-26 Act," is amended by striking paragraph (6) of Code Section
1-27 50-13-2, relating to definitions, and inserting in lieu
1-28 thereof a new paragraph (6) to read as follows:
1-29 "(6) 'Rule' means each agency regulation, standard, or
1-30 statement of general applicability that implements,
1-31 interprets, or prescribes law or policy or describes the
1-32 organization, procedure, or practice requirements of any
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LC 9 8594
2- 1 agency. Such term shall include all manuals produced by
2- 2 an agency including, but not limited to, all teaching
2- 3 manuals, training manuals, procedural manuals, policy
2- 4 manuals, and other manuals used internally by an agency
2- 5 or distributed to the public. The term includes the
2- 6 amendment or repeal of a prior rule but does not include
2- 7 the following: (A) Statements concerning only the internal management of
2- 9 an agency and not affecting private rights or procedures
2-10 available to the public;
2-11 (B)(A) Declaratory rulings issued pursuant to Code Section
2-12 50-13-11;
2-13 (C)(B) Intra-agency memoranda;
2-14 (D)(C) Statements of policy or interpretations that are
2-15 made in the decision of a contested case;
2-16 (E)(D) Rules concerning the use or creation of public
2-17 roads or facilities, which rules are communicated to the
2-18 public by use of signs or symbols;
2-19 (F)(E) Rules which relate to the acquiring, sale,
2-20 development, and management of the property, both real and
2-21 personal, of the state or of an agency;
2-22 (G)(F) Rules which relate to contracts for the purchases
2-23 and sales of goods and services by the state or of an
2-24 agency;
2-25 (H)(G) Rules which relate to the employment, compensation,
2-26 tenure, terms, retirement, or regulation of the employees
2-27 of the state or of an agency;
2-28 (I)(H) Rules relating to loans, grants, and benefits by
2-29 the state or of an agency; or
2-30 (J)(I) The approval or prescription for the future of
2-31 rates or prices."
SECTION 3.
2-32 Said chapter is further amended by striking Code Section
2-33 50-13-4, relating to procedural requirements for adoption,
2-34 amendment, or repeal of rules, emergency rules, limitations
2-35 on actions to contest rules, and legislative override of
2-36 rules, and inserting in lieu thereof a new Code Section
2-37 50-13-4 to read as follows:
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LC 9 8594
3- 1 "50-13-4. (Index)
3- 2 (a) Prior to the adoption, amendment, or repeal of any
3- 3 rule, other than interpretive rules or general statements
3- 4 of policy, the agency shall:
3- 5 (1) Give at least 30 60 days' notice of its intended
3- 6 action. The notice shall include an exact copy of the
3- 7 proposed rule and a synopsis of the proposed rule. The
3- 8 synopsis shall be distributed with and in the same
3- 9 manner as the proposed rule. The synopsis shall contain
3-10 a statement of the purpose and the main features of the
3-11 proposed rule, and, in the case of a proposed amendatory
3-12 rule, the synopsis also shall indicate the differences
3-13 between the existing rule and the proposed rule. The
3-14 notice shall also include the exact date on which the
3-15 agency shall consider the adoption of the rule and shall
3-16 include the time and place in order that interested
3-17 persons may present their views thereon. The notice
3-18 shall also contain a citation of the authority pursuant
3-19 to which the rule is proposed for adoption and, if the
3-20 proposal is an amendment or repeal of an existing rule,
3-21 the rule shall be clearly identified. The notice shall
3-22 be mailed to all persons who have requested in writing
3-23 that they be placed upon a mailing list which shall be
3-24 maintained by the agency for advance notice of any
3-25 specific rule-making proceeding or all of its
3-26 rule-making proceedings and who have tendered the actual
3-27 cost of such mailing as from time to time estimated by
3-28 the agency;
3-29 (2) Afford to all interested persons reasonable
3-30 opportunity to submit data, views, or arguments, orally
3-31 or in writing. In the case of substantive rules,
3-32 opportunity for oral hearing must be granted if
3-33 requested by 25 persons who will be directly affected by
3-34 the proposed rule, by a governmental subdivision, or by
3-35 an association having not less than 25 members. The
3-36 agency shall consider fully all written and oral
3-37 submissions respecting the proposed rule. Upon adoption
3-38 of a rule, the agency, if requested to do so by an
3-39 interested person either prior to adoption or within 30
3-40 days thereafter, shall issue a concise statement of the
3-41 principal reasons for and against its adoption and
3-42 incorporate therein its reason for overruling the
3-43 consideration urged against its adoption; and
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LC 9 8594
4- 1 (3) In the formulation and adoption of any rule which
4- 2 will have an economic impact on businesses in the state,
4- 3 reduce the economic impact of the rule on small
4- 4 businesses which are independently owned and operated,
4- 5 are not dominant in their field, and employ 100
4- 6 employees or less by implementing one or more of the
4- 7 following actions when it is legal and feasible in
4- 8 meeting the stated objectives of the statutes which are
4- 9 the basis of the proposed rule:
4-10 (A) Establish differing compliance or reporting
4-11 requirements or timetables for small businesses;
4-12 (B) Clarify, consolidate, or simplify the compliance
4-13 and reporting requirements under the rule for small
4-14 businesses;
4-15 (C) Establish performance rather than design standards
4-16 for small businesses; or
4-17 (D) Exempt small businesses from any or all
4-18 requirements of the rules.
4-19 (b) If any agency finds that an imminent peril to the
4-20 public health, safety, or welfare, including but not
4-21 limited to, summary processes such as quarantines,
4-22 contrabands, seizures, and the like authorized by law
4-23 without notice, requires adoption of a rule upon fewer
4-24 than 30 60 days' notice and states in writing its reasons
4-25 for that finding, it may proceed without prior notice or
4-26 hearing or upon any abbreviated notice and hearing that it
4-27 finds practicable to adopt an emergency rule. The rule
4-28 may be effective for a period of not longer than 120 days
4-29 and shall not be renewed or reissued as an emergency rule,
4-30 but the adoption of an identical rule under paragraphs (1)
4-31 and (2) of subsection (a) of this Code section is not
4-32 precluded.
4-33 (c) It is the intent of this Code section to establish
4-34 basic minimum procedural requirements for the adoption,
4-35 amendment, or repeal of administrative rules. Except for
4-36 emergency rules which are provided for in subsection (b)
4-37 of this Code section, the provisions of this Code section
4-38 are applicable to the exercise of any rule-making
4-39 authority conferred by any statute, but nothing in this
4-40 Code section repeals or diminishes additional requirements
4-41 imposed by law or diminishes or repeals any summary power
4-42 granted by law to the state or any agency thereof.
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LC 9 8594
5- 1 (d) No rule adopted after April 3, 1978, shall be valid
5- 2 unless adopted in exact compliance with subsections (a)
5- 3 and (e) of this Code section and in substantial compliance
5- 4 with the remainder of this Code section. A proceeding to
5- 5 contest any rule on the ground of noncompliance with the
5- 6 procedural requirements of this Code section must be
5- 7 commenced within two years from the effective date of the
5- 8 rule.
5- 9 (e) The agency shall transmit three copies of the notice
5-10 provided for in paragraph (1) of subsection (a) of this
5-11 Code section to the legislative counsel. The copies shall
5-12 be transmitted at least 30 60 days prior to the date of
5-13 the agency's intended action. Within three days after
5-14 receipt of the copies, if possible, the legislative
5-15 counsel shall furnish the presiding officers of each house
5-16 with a copy of the notice, and the presiding officers
5-17 shall assign the notice to the chairperson of the
5-18 appropriate standing committee in each house for review
5-19 and any member thereof of the Senate or the House of
5-20 Representatives who makes a standing written request. In
5-21 the event a presiding officer is unavailable for the
5-22 purpose of making the assignment within the time
5-23 limitations, the legislative counsel shall assign the
5-24 notice to the chairperson of the appropriate standing
5-25 committee. The legislative counsel shall also transmit
5-26 within the time limitations provided in this subsection a
5-27 notice of the assignment to the chairperson of the
5-28 appropriate standing committee. Each standing committee
5-29 of the Senate and the House of Representatives is granted
5-30 all the rights provided for interested persons and
5-31 governmental subdivisions in paragraph (2) of subsection
5-32 (a) of this Code section.
5-33 (f) In the event a standing committee to which a notice is
5-34 assigned as provided in subsection (e) of this Code
5-35 section files an objection to a proposed rule, signed by a
5-36 majority of the members of such committee, prior to its
5-37 adoption and the agency adopts the proposed rule over the
5-38 objection, such rule shall not become effective until the
5-39 thirtieth day of the next regular session of the General
5-40 Assembly which begins after the date of the adoption of
5-41 the rule. Any rule for which such an objection has been
5-42 filed the rule may be considered by the branch of the
5-43 General Assembly whose committee objected to its adoption
5-44 by the introduction of a resolution for the purpose of
5-45 overriding the rule at any time within the first 30 20
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LC 9 8594
6- 1 days of the next regular session of the General Assembly.
6- 2 It shall be the duty of any agency which adopts a proposed
6- 3 rule over such objection so to notify the presiding
6- 4 officers of the Senate and the House of Representatives,
6- 5 the chairmen chairpersons of the Senate and House
6- 6 committees to which the rule was referred, and the
6- 7 legislative counsel within ten days after the adoption of
6- 8 the rule. In the event the resolution is adopted by such
6- 9 branch of the General Assembly, it shall be immediately
6-10 transmitted to the other branch of the General Assembly.
6-11 It shall be the duty of the presiding officer of the other
6-12 branch of the General Assembly to have such branch, within
6-13 five days after the receipt of the resolution, to consider
6-14 the resolution for the purpose of overriding the rule. In
6-15 the event the resolution is adopted by two-thirds a
6-16 majority of the votes of each branch of the General
6-17 Assembly, the rule shall be void on the day after the
6-18 adoption of the resolution by the second branch of the
6-19 General Assembly and such rule shall not go into effect.
6-20 In the event the resolution is ratified by less than
6-21 two-thirds of the votes of either branch, the resolution
6-22 shall be submitted to the Governor for his approval or
6-23 veto. In the event of his veto, the rule shall remain in
6-24 effect. In the event of his approval, the rule shall be
6-25 void on the day after the date of his approval. If such
6-26 resolution is not adopted by both branches of the General
6-27 Assembly within the time periods required by this
6-28 subsection, the rule shall go into effect on the thirtieth
6-29 day of such regular session.
6-30 (g)(1) Subsection (f) of this Code section shall not
6-31 apply to the Environmental Protection Division of the
6-32 Department of Natural Resources, but paragraph (2) of
6-33 this subsection shall apply to the Environmental
6-34 Protection Division of the Department of Natural
6-35 Resources.
6-36 (2) In the event the chairman chairperson of any
6-37 standing committee to which a proposed rule relative to
6-38 the Environmental Protection Division of the Department
6-39 of Natural Resources is assigned notifies the agency
6-40 that the committee objects to the adoption of the rule
6-41 or has questions concerning the purpose, nature, or
6-42 necessity of the rule, it shall be the duty of the
6-43 agency to consult with the committee prior to the
6-44 adoption of the rule."
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LC 9 8594
SECTION 4.
7- 1 Said chapter is further amended by striking subsection (a)
7- 2 of Code Section 50-13-6, relating to the effective date of
7- 3 rules and filing with the Secretary of State, and inserting
7- 4 in lieu thereof a new subsection (a) to read as follows:
7- 5 "(a) Except as otherwise provided in subsection (f) of
7- 6 Code Section 50-13-4, each Each rule adopted after July 1,
7- 7 1965, shall not become effective until the expiration of
7- 8 20 days after an original and two copies of the rule are
7- 9 filed in the office of the Secretary of State. Each rule
7-10 so filed shall contain a citation of the authority
7-11 pursuant to which it was adopted and, if an amendment,
7-12 shall clearly identify the original rule."
SECTION 5.
7-13 All laws and parts of laws in conflict with this Act are
7-14 repealed.
-7- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97