Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-12 - MINIMUM STANDARDS AND PROCEDURES › Subject 110-12-8 - PROCEDURE AND OPERATIONS OF ANNEXATION ARBITRATION PANELS › Rule 110-12-8-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purpose of these rules, the following words will have
				  the meaning as contained herein unless the context does not permit such
				  meaning. Terms not defined in these rules but defined in O.C.G.A §
									36-36-110, et seq., will have the
				  meanings contained therein. Terms not defined in these rules, or in O.C.G.A. §
									36-36-110, et seq., will have
				  ascribed to them the ordinary accepted meanings such as the context may
				  imply.
(1) 'Case Coordinator' is
				designated by each of the local governments as their official representatives
				to the annexation arbitration process. Once designated by a local government,
				the case coordinator will be understood to have authority to act as the primary
				point of contact in communicating with the Department, the panel, and other
				parties on behalf of the local government they represent. The case
				coordinator's responsibilities may include coordinating meeting logistics,
				relaying information and documents via email or other media, arranging for
				payment of fees/costs, etc. The case coordinator may be but is not necessarily
				legal counsel for a party and is not necessarily involved in the presentation
				of evidence and arguments to the panel on behalf of a local
				government.
(2) 'Days' means
				calendar days. The General Assembly has clearly chosen to reference "calendar
				days" in formulating the statute rather than simply "days" and, as such, it is
				not the practice of the Department to "read out" the word "calendar" as "mere
				surplusage."
(3) 'Good Faith' means
				participating in the annexation arbitration process in a sincere effort to
				resolve any conflict. This includes, but is not limited to: 
				
										Full-time attendance by the local government's case
					 coordinator and/or other official designee at all annexation arbitration
					 sessions,
										Withholding final action on the annexation and any
					 development permissions associated with the proposed annexation until the
					 annexation arbitration process is concluded as described in these rules (Note:
					 Only final actions are prohibited, preliminary actions including, but not
					 limited to, staff analysis, meetings and coordination between an applicant or
					 property owner and government staff, hearings before planning commissions, etc.
					 may continue during pendency of the arbitration process.);
										Providing required materials and responses to the
					 Department, local governments, applicants or owners, impacted school system,
					 case coordinators, the panel, any appointed neutral; and,
										Coordinating in the management of logistics of
					 scheduling; and,
										Paying costs associated with the annexation arbitration
					 process as provided in these rules.
(4)
				'Hearing Officer' is a neutral, as found on the Georgia Court Professional
				Directory hosted by the Judicial Council of Georgia, Administrative Office of
				the Courts. A hearing officer assists the panel in compiling the records of the
				proceedings. The hearing office may also assist the panel in coordinating the
				presentation of evidence and argument during its hearings and facilitating the
				panel's compliance with applicable administrative law and other requirements,
				managing its meetings, and otherwise serving in a role similar to that of the
				case coordinator on the panel's behalf.
(5) 'Local Government' means any county,
				municipality, or consolidated government.
(6) 'Local Plan' means the comprehensive plan
				for a local government prepared in accordance with the requirements established
				by the Department.
(7) 'Process
				Manager' means a staff person at the Department who serves as its point of
				contact for the local governments (typically via their case coordinators) and
				administrator of the Department's role throughout the panel appointment
				process.
(8) 'Qualified Local
				Government' means a county or municipality that: 
				
										Has a comprehensive plan in conformity with the minimum
					 standards and procedures;
										has made its local plan implementation mechanisms
					 consistent with those established in its comprehensive plan and with the
					 minimum standards and procedures; and
										Has not failed to participate in the Department's
					 mediation or other means of resolving conflicts in a manner which, in the
					 judgment of the Department, reflects a good faith effort to resolve any
					 conflict.
(9)
				'Regional Commission' means any commission established under O.C.G.A. §
									50-8-32(effective July 1,
				2009).
(10) 'Verification' when
				referenced under 'Verifiable delivery' in the statute means delivery that can
				be decisively confirmed to have occurred. All notices and communications
				required pursuant to the annexation arbitration process will be sent via
				verifiable delivery. The Department will verify delivery of all
				statutorily-required notices using the following mechanisms provided by the
				parties, as applicable based upon indications in the materials provided: 
				
										Tracking number produced by a mail carrier service
					 (e.g., USPS, FedEx, UPS);
										Email with associated read-receipt and/or
					 delivery-receipt, or, if materials are being provided by their recipient, an
					 email showing a delivery time/date in the message's header will be sufficient
					 and/or,
										For hand-delivered materials, a scan or photo of the
					 notice clearly showing a date-received stamp on the document accompanied by the
					 signature of the person who accepted delivery of the notice on behalf of the
					 receiving party.
O.C.G.A. §§
											36-36-110,
et
				  seq
.; 50-8-1,
et
				  seq
.