2021 Georgia Code
Title 50 - State Government
Chapter 13 - Administrative Procedure
Article 1 - General Provisions
§ 50-13-5. Filing of Previously Adopted Rules
- Within 20 days after July 1, 1965, each agency shall file with the Secretary of State a certified copy of all rules which were adopted by the agency prior to July 1, 1965, and which are still of full force and effect and a certified copy of all rules which were adopted by the agency prior to July 1, 1965, and which do not become effective until after July 1, 1965.
- The copy of each rule shall contain a citation of the authority pursuant to which the rule was adopted.
- The Secretary of State shall endorse on each copy the time and date of filing and shall maintain a record of the rules for public inspection.
- Any rule made by an agency prior to July 1, 1965, shall be void and of no effect unless filed in accordance with subsections (a) through (c) of this Code section.
(Ga. L. 1964, p. 338, § 5; Ga. L. 1965, p. 283, § 7; Ga. L. 2000, p. 1619, § 3.)
OPINIONS OF THE ATTORNEY GENERAL
Agencies determine which policies and regulations must be kept on file.
- It is the responsibility and decision of any particular agency to say which, if any, of the agency's policies and regulations must be kept on file with the Secretary of State; the responsibility belongs to the agency which promulgates the rule. 1971 Op. Att'y Gen. No. 71-58.
Rules must be properly adopted to be valid.
- Any rule, regulation, resolution, etc., by whatever name called, which falls under the definition of a "rule," as defined by Ga. L. 1965, p. 283, §§ 2-4 (see O.C.G.A. § 50-13-2), must be adopted pursuant to the procedure for adoption of rules, i.e., Ga. L. 1965, p. 283, §§ 6, 7, and 8 and Ga. L. 1964, p. 338, § 6 (see O.C.G.A. §§ 50-13-4 through50-13-7), if it is to be valid against any person or party. Op. Att'y Gen. No. 71-158.
Citations of authority and filing endorsements.- Purpose of requiring copies of rules to be accompanied by a citation of authority is to inform interested parties as to the statutory authority relied upon by the rule making agency; the purpose of requiring a filing endorsement on each copy is to fix the date upon which the rule becomes effective; both of these purposes are accomplished by placing a single citation of authority and a single filing endorsement upon a regulatory compilation adopted by an agency under the same statutory authority and filed simultaneously. 1963-65 Op. Att'y Gen. p. 786.
It is permissible for a single citation of authority and a single filing endorsement to be used for a group of paragraphs which is adopted under the same statutory authorization and filed simultaneously. 1963-65 Op. Att'y Gen. p. 786.
Effective date of emergency rules.- Emergency rules adopted by state agencies may be made effective by the agency on the date of adoption, if the agency so desires; all emergency rules should be accompanied by a statement from the agency indicating the rules' effective date. 1975 Op. Att'y Gen. No. 75-123.
RESEARCH REFERENCES
Am. Jur. 2d.
- 2 Am. Jur. 2d., Administrative Law, § 205.
C.J.S.- 73 C.J.S., Public Administrative Law and Procedure, § 204.
U.L.A.- Model State Administrative Procedure Act (U.L.A.) § 3-101 et seq.
