2021 Georgia Code
Title 50 - State Government
Chapter 13 - Administrative Procedure
Article 1 - General Provisions
§ 50-13-6. Rules Not Effective Until 20 Days After Filed With Secretary of State; Maintenance of Record of the Rules; Exceptions; Rules Governing Manner and Form of Filing
- Each rule adopted after July 1, 1965, shall not become effective until the expiration of 20 days after the rule is filed in the office of the Secretary of State. Each rule so filed shall contain a citation of the authority pursuant to which it was adopted and, if an amendment, shall clearly identify the original rule.
- The Secretary of State shall endorse on each rule thus filed the time and date of filing and shall maintain a record of the rules for public inspection.
- The 20 day filing period is subject to the following exceptions:
- Where a statute or the terms of the rule require a date which is later than the 20 day period, then the later date is the effective date; and
- Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may become effective immediately upon adoption or within a period of less than 20 days. The emergency rule, with a copy of the finding as required by subsection (b) of Code Section 50-13-4, shall be filed with the office of the Secretary of State within four working days after its adoption.
- The Secretary of State shall prescribe rules governing the manner and form in which regulations shall be prepared for filing. The Secretary may refuse to accept for filing any rule that does not conform to such requirements.
(Ga. L. 1964, p. 338, § 6; Ga. L. 1979, p. 1014, § 2; Ga. L. 1982, p. 3, § 50; Ga. L. 2000, p. 1619, § 4.)
OPINIONS OF THE ATTORNEY GENERAL
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.
Decision not to file and withdrawal of rules.- While the language of the Georgia Administrative Procedure Act, Ga. L. 1968, p. 338 § 1 et seq. (see O.C.G.A. T. 50, C. 13) is geared to the initial filing of a rule, there is no difference in principle between an initial decision not to file and a subsequent decision to withdraw that which has already been filed; in the context of the purposes for which that chapter was adopted, the statutory requirements and the statutory penalties, both situations would seem to be the same. 1971 Op. Att'y Gen. No. 71-58.
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.
