The department shall publish notice of all requests for letters of determination regarding exempt activity and opposition to such request. Persons opposing a request for approval of an exempt activity shall be entitled to file an objection with the department and the department shall consider any filed objection when determining whether an activity is exempt. After the department’s decision, an opposing party shall have the right to a fair hearing pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” on an adverse decision of the department and judicial review of a final decision in the same manner and under the same provisions as in Code Section 31-6-44.1. If no objection to a request for determination is filed within 30 days of the department’s receipt of such request for determination, the department shall have 60 days from the date of the department’s receipt of such request to review the request and issue a letter of determination. The department may adopt rules for deciding when it is not practicable to provide a determination in 60 days and may extend the review period upon written notice to the requestor but only for an extended period of no longer than an additional 30 days.
O.C.G.A. § 31-6-47
The department shall establish timeframes, forms, and criteria to request a letter of determination that an activity is properly exempt or excluded under this chapter prior to its implementation
Applied in 1 court decision — leading case Federal Trade Commission v. University Health, Inc. (1991)
Most recently applied in Federal Trade Commission v. University Health, Inc. (July 1991)
— Code 1981, § 31-6-47.1, enacted by Ga
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.