Official Code of Georgia Annotated

Title 50. STATE GOVERNMENT · Chapter 13. ADMINISTRATIVE PROCEDURE · Article 1. GENERAL PROVISIONS

50-13-10. Declaratory judgment on validity of rules; venue for actions.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
The validity of any rule, waiver, or variance may be determined in an action for declaratory judgment when it is alleged that the rule, waiver, or variance or its threatened application interferes with or impairs the legal rights of the petitioner. A declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule, waiver, or variance in question.#
(b)
The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state. All actions for declaratory judgment, however, with respect to any rule, waiver, or variance of the Public Service Commission must be brought in the Superior Court of Fulton County.#
(c)
Actions for declaratory judgment provided for in this Code section shall be in accordance with Chapter 4 of Title 9, relating to declaratory judgments.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1964, p. 338, § 11; Ga. L. 1965, p. 283, § 10; Ga. L. 1975, p. 404, § 4; Ga. L. 1992, p. 6, § 50; Ga. L. 1997, p. 1521, § 3.

Law reviews

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 301 (1997). For article, ‘‘Administrative Law,’’ see 53 Mercer L. Rev. 81 (2001). For survey article on administrative law, see 59 Mercer L. Rev. 1 (2007). For note discussing the denial of social security benefits to dependent children pursuant to substitute father provisions as violative of due process, prior to the 1967 amendments to the Georgia Public Assistance Act (O.C.G.A. Art. 1, Ch. 4, T. 49), see 15 J. of Pub. L. 349 (1966).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t50-ch13-40-(v38a)-2021-pdf.pdf, Volume V38A, 2021 edition, pages 52 to 53; merge action: annotated; file SHA-256 1cacff3315fb.

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