Title 10, Chapter 4, Section 6
( 10-4-6)
(a) Prior to the adoption or change of any rule or regulation, the
Commissioner shall promulgate the proposed rule or regulation or
change and afford interested persons 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 authority vested in him by the General
Assembly under the Constitution of Georgia or of the United States
shall have the right to petition the Commissioner of Agriculture for
the repeal or revision of such rule 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 by a qualified court reporter and shall be available to any
interested party upon payment of the stenographic costs. |