Rule 350-2-.01. Adoption, Amendment, and Repeal of Rules.

Georgia Administrative Code

Department 350. DEPARTMENT OF MEDICAL ASSISTANCE

Chapter 350-2. PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES

Current through Rules and Regulations filed through November 19, 2020

Rule 350-2-.01. Adoption, Amendment, and Repeal of Rules

(1) When in the judgment of the Department it is appropriate to adopt, amend, or repeal one or more rules to secure satisfactory compliance with the provisions of any Georgia statute or federal law or regulation, or otherwise to assure effective administration of the Department, the Commissioner shall prepare a draft whic h shall include a proposed text of the rule(s), a statement of the legal authority empowering the Department to adopt and promulgate the rule(s), and the proposed effective date(s).
(2) The Board shall review the draft and make additions, deletions, or amendments thereto as are agreed to by a majority vote of the members present.
(3) Upon the Board's approval of the proposed draft, but prior to the adoption, amendment, or repeal of any such rule, the Department shall:
(a) give at least thirty (30) days notice of its intended action by mail to:
1. interested persons, except that whenever the Commissioner determines that such persons are so numerous as to make individual notices impractical, notice ma y be given by publication, and
2. all persons who have requested in writing that they be placed upon a mailing list, which list shall be maintained by the Department for advance notice of its rule-making proceedings, and who have tendered the actual cost of such mailing as from time to time estimated by the Department; and
3. legislative counsel;
(b) afford to all interested persons reasonable opportunity to submit testimony, documentary evidence, and arguments orally or in writing; in the case of substantive rules, opportunity for oral hearing must be granted if requested by twenty-five (25) persons who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than twenty-five (25) members; and
(c) issue a concise statement of the principa l reasons for and against the adoption of the rule if requested in writing by an interested person affected by the action, either prior to the adoption of the rule or within thirty (30) days thereafter, and incorporate therein its reasons for overruling the consideration urged against its adoption.

Cite as Ga. Comp. R. & Regs. R. 350-2-.01

Authority: Ga. L. 1977, pp. 384, 388, 389; Ga. L. 1981, Act No . 818, effective April 22, 1981; O.C.G.A. Sec. 49-4-142(a).

History. Original Rule entitled "Time Limitations on Claims" was filed on April 11, 1978; effective May 1, 1978.

Amended: Filed June 18, 1979; effective July 8, 1979.

Amended: Filed June 23, 1981; effective July 13, 1981.

Amended: Filed January 29, 1982; effective February 18, 1982.

Repealed: ER. 350-2-0.2 -.01 adopted. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect fo r 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.

Repealed: Permanent Rule entitled "Adoption, Amendment, and Repeal of Rules" adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.