Title 10, Chapter 4, Section 121
( 10-4-121)
(a) Prior to adoption or change of any rules and regulations, the
Commissioner of Agriculture shall promulgate the proposed rule or
regulation or change and afford interested persons an opportunity to
be heard and submit data and views orally or in writing. (b) Any person with a real and substantial interest who is affected
by a rule or regulation of the Commissioner and who believes that
the Commissioner, in the promulgation or enforcement of such rule or
regulation, has exceeded the authority vested in him by the General
Assembly under the Constitution of Georgia or the United States
shall have the right to petition the Commissioner for the repeal or
rejection of such rule or regulation by pointing out in what respect
and for what reasons he contends the rule to be unlawful or
unconstitutional. The Commissioner is required to consider every
such petition and afford the petitioner an opportunity to be heard
within 30 days; and, after argument, the Commissioner shall
determine the merits of the petition. If the Commissioner decides in
whole or in part in favor of the petitioner, the Commissioner shall
take corrective measures within 30 days after the hearing to give
the petitioner relief in every respect from any unlawful or
unconstitutional rule or regulation. The foregoing is expressly made
an administrative remedy; and every person affected by any rule or
regulation or any act of the Commissioner is required to exhaust
this remedy before taking any other steps, except as otherwise
provided in Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act." (c) All hearings before the Commissioner shall be stenographically
reported and shall be available to any interested party upon payment
of the stenographic cost. |