GA - GAC
Rules and Regulations of the State of Georgia
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Chapter 505-1 RULES OF GENERAL APPLICABILITY

Rule 505-1-.01 Organization

(1) Purpose. The Professional Standards Commission is responsible for creating and implementing standards and procedures for the certification of educational personnel and the approval of teacher education programs.
(2) There are four major staff functions within the Professional Standards Commission; Certification, Teacher Education, Research and Assessment, and technology Services.
(3) The mailing address of the Professional Standards Commission is 1454 Twin Towers East, Atlanta, Georgia 30334.
(4) All legal notices and all notices and correspondence regarding administrative matters should be directed to the offices of the Professional Standards Commission.

Rule 505-1-.02 General Definitions

The following definitions shall apply generally to all rules and regulations of the Professional Standards Commission.

(a) "Commission" shall mean the Professional Standards Commission, consisting of eighteen (18) members appointed by the governor.
(b) "Denial" of a certificate shall mean a decision by the commission not to issue a certificate to an applicant either for failure to meet the qualifications required by the commission or for any of the grounds for which a certificate may be revoked or suspended.
(c) "Exception" shall mean a timely and formal objection or reservation to the report of the hearing tribunal of the Professional Practices Commission in matters regarding certificate suspension, revocation, or denial, or the issuance of a reprimand against the holder of a certificate.
(d) "Executive Secretary" shall mean the person appointed by the Professional Standards Commission to serve as the secretary and executive officer of the commission.
(e) "Hearing Officer" shall mean a duly qualified person designated by the executive secretary or the commission who shall be employed or appointed by the commission for purpose as needed and shall be authorized to exercise such powers as are given such persons by statute or rule.
(f) "Professional Practices Commission" or "PPC" shall mean the statutory body of seventeen (17) members which operates under state laws and rules governing standards of professional conduct. The PPC has authority to close investigations when the evidence does not support the charges, or to recommend to the Professional Standards Commission certificate suspension, revocation, or denial, or the issuance of a reprimand when the evidence does support the charges.
(g) "Reprimand" shall mean a decision by the commission to issue a written warning or reprimand against the holder of a certificate.
(h) "Revocation" of a certificate shall mean a decision by the commission to terminate a certificate.
(i) "Suspension" of a certificate shall mean a decision by the commission to temporarily withdraw certification. Suspension shall disqualify an individual from using a certificate.

Rule 505-1-.03 Suspension of Rules

The Professional Standards Commission recognizes the need to exercise reasonable judgement in the administration of the rules of the commission. A rule or requirement may be waived upon finding that unique circumstances warrant such action.

(a) Any individual and/or local unit of administration and/or teacher education institution seeking relief from a commission rule or requirement shall file a request in writing with the executive secretary of the commission. As a minimum, the request shall specify the rule or requirement in question and the rationale for the request.
(b) The executive secretary shall be authorized to act on behalf of the commission in the consideration and appropriate dispensation of such requests. The executive secretary shall make a timely report to the commission concerning action taken to suspend a commission rule or requirement.
1. If an individual's request has an impact upon a local unit of administration and/or a teacher education institution, the individual shall send a copy of the request to the executive officer of the local unit of administration or the head of the professional education unit. The local unit of administration and/or the institution shall be allowed the opportunity to send a statement to the commission setting forth its position with request to the request.
2. The executive secretary may request additional written documentation from the individual and/or the educational entity requesting the waiver.
(c) The executive secretary may defer action on a waiver request until such time as the commission has had a reasonable opportunity to consider the request.

Rule 505-1-.04 Reserved

Rule 505-1-.05 Public Information

(1) Requests for information concerning the files or documents of the Professional Standards Commission shall be pursuant to the requirements of the Georgia Open Records Act (O.C.G.A. 50-18-70). Requests for copies of records that are routinely subject to public inspection may be charged a uniform copying/mailing fee of $.25 per page. Should the information request involve an unusual administrative cost or burden for commission staff, a reasonable additional charge for search and retrieval and other direct administrative costs also may be assessed.
(2) Requests must be made in writing to the Executive Secretary of the Professional Standards Commission and must contain the name and address of the person requesting the documents and a description of the documents requested.

Rule 505-1-.06 Petition for a Declaratory Ruling

(1) Any petition for a declaratory ruling as to the applicability of any statutory provision or any rule or order of the agency shall be in writing to the Executive Secretary of the Professional Standards Commission and shall contain the following:
(a) name and address of the person making the request;
(b) applicable rule(s), order(s), and/or statute(s);
(c) proposed interpretation/application of the rule(s), order(s), and/ or statute(s);
(d) rationale for the proposed interpretation/application.
(2) The Executive Secretary, in consultation with staff and acting on behalf of the commission, shall make a ruling on the petition.

Rule 505-1-.07 Petition for Promulgation, Amendment, or Repeal of Rule

(1) Any petition for the promulgation, amendment, or repeal of any rule of the agency shall be in writing to the Executive Secretary of the Professional Standards Commission and shall contain the following:
(a) name and address of the person making the request;
(b) applicable rule(s);
(c) nature of the request;
(d) rationale for the proposed change.
(2) The Executive Secretary, in consultation with staff and the commission, shall rule on the petition within 30 days after its submission and either deny the request in writing with reasons for the denial or shall initiate rulemaking proceedings in accordance with the Georgia Administrative Procedure Act.

Rule 505-1-.08 Reserved

Rule 505-1-.09 Reserved