Title 50, Chapter 13, Section 10
( 50-13-10)
(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. |