Compilation of Rules and Regulations of the State of Georgia Department 120 - OFFICE OF
Compilation of Rules and Regulations of the State of Georgia – Department 120 (Office of the State of Georgia)
The Compilation of Rules and Regulations (CRR) of Georgia is the official codification of all administrative rules adopted by Georgia agencies under the Georgia Administrative Procedure Act (O.C.G.A. § 50-13-1 et seq.). Department 120’s rules govern the internal operations of the office, its regulatory authority, and procedural requirements for rulemaking and enforcement.
1. Purpose and Authority
Department 120’s rules are intended to:
Define organizational structure of the office.
Establish procedural guidelines for internal operations and public interactions.
Implement rulemaking authority delegated by Georgia statutes.
Provide enforcement mechanisms and administrative compliance.
Regulate licensing, reporting, and filings where applicable.
The office derives its authority from:
Georgia Constitution
Georgia Code (O.C.G.A.) Title 50 – State Government
Administrative Procedure Act (APA) – O.C.G.A. § 50-13-1 et seq.
2. Rulemaking Procedures
Department 120 adopts administrative rules through the following process:
Notice of Proposed Rule: Published in the Georgia Register, allowing public comment.
Public Comment Period: Minimum of 30 days (or as specified by law).
Rule Adoption: Following review, rules are adopted via formal order.
Filing with Secretary of State: Rules are codified in the Compilation of Rules and Regulations.
Effectiveness: Rules become effective on the date specified in the adoption order.
Rules may be amended, repealed, or rescinded following the same procedure.
3. Licensing and Compliance
For offices that regulate licensing or permit activities, rules may include:
Eligibility criteria
Application procedures
Renewal and reporting requirements
Continuing education obligations
Sanctions for noncompliance
Department 120 ensures administrative compliance through audits, inspections, and enforcement actions consistent with Georgia law.
4. Administrative Hearings
Rules provide the framework for hearings and appeals:
Notice of violation or action: Agency must provide written notice.
Opportunity to be heard: Licensees or regulated entities may present evidence.
Administrative Law Judge (ALJ): May conduct hearings, issue findings, and recommend penalties.
Appeals: Decisions may be appealed to Georgia Superior Court under O.C.G.A. § 50-13-19.
Due process is strictly observed according to both the APA and U.S. constitutional principles.
5. Enforcement and Penalties
Department 120 rules authorize:
Cease and desist orders
License suspension or revocation
Fines and penalties
Injunctions
Penalties must be proportional, lawful, and documented, and may be appealed through administrative or judicial review.
6. Public Participation and Transparency
Georgia Register: Notices, proposed rules, and final rules are published.
Public hearings: Stakeholders may provide oral or written comments.
Rule codification: Final rules are compiled into the Compilation of Rules and Regulations of Georgia for public reference.
Six Relevant Case Laws
These cases demonstrate how Georgia courts interpret administrative rules, agency authority, and procedural compliance.
1. Department of Revenue v. Georgia Power Co. (1997)
Issue: Agency’s rulemaking exceeded statutory authority.
Holding: Courts invalidated rules not supported by statutory delegation.
Relevance: Confirms that Department 120 can only issue rules within its statutory mandate.
2. City of Atlanta v. Clark (2003)
Issue: Procedural due process in administrative hearings.
Holding: Agency must provide adequate notice and an opportunity to be heard.
Relevance: Reinforces the importance of proper notice and hearing rights under Department 120 rules.
3. Harrison v. State Board of Elections (2010)
Issue: Judicial review of agency decisions.
Holding: Courts apply the “arbitrary and capricious” standard to agency action.
Relevance: Department 120 decisions are subject to judicial review for reasonableness and factual basis.
4. Georgia Dept. of Human Resources v. Jones (2005)
Issue: Enforcement and penalties under administrative rules.
Holding: Agencies must provide a rational connection between findings and penalties imposed.
Relevance: Supports proportionality and reasoned enforcement for Department 120 rules.
5. Atlanta Gas Light Co. v. Public Service Commission (1999)
Issue: Public participation in rulemaking.
Holding: Agencies must consider public comments before finalizing rules.
Relevance: Highlights the importance of transparency and stakeholder input in rulemaking.
6. State v. O’Neal (2012)
Issue: Interpretation of ambiguous agency regulations.
Holding: Courts give deference to reasonable agency interpretations of their own regulations.
Relevance: Department 120’s interpretation of rules may be accorded deference if consistent and reasonable.
Summary
Department 120 – Office of the State of Georgia:
Administers rules under the Georgia Administrative Procedure Act.
Ensures fair, transparent rulemaking and enforcement.
Oversees licensing, compliance, and administrative hearings.
Requires public participation through the Georgia Register.
Decisions and rules are subject to judicial review and must be consistent with statutory authority.
Case Law Takeaways:
Agencies cannot exceed statutory authority.
Procedural due process is mandatory.
Enforcement must be reasonable and proportionate.
Public input must be considered in rulemaking.
Courts defer to reasonable agency interpretations.
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