Davis & Co. v. Department of Revenue, 256 Ga. 709, 353 S.E.2d 195 (1987). 50-13-10 Department manual not ‘‘rule.’’ — Department of Medical Assistance (now Department of Community Health) manual, which contained ‘‘the terms and conditions for receipt of medical assistance reimbursement in Georgia,’’ was not a ‘‘rule’’ and therefore could not be reviewed in a declaratory judgment action. Georgia Dep’t of Medical Assistance v. Beverly Enters., Inc., 261 Ga. 59, 401 S.E.2d 499 (1991). Appeal from driver’s license suspension dismissed. — Appeal from a ruling on a declaratory judgment action that was essentially an appeal from an administrative decision to suspend a driver’s license was dismissed since the driver was required to proceed by application for discretionary appeal. Miller v. Georgia Dep’t of Pub. Safety, 265 Ga. 62, 453 S.E.2d 725 (1995). Failure to pursue remedy. — Plaintiff teachers denied renewable teaching certificates mistakenly failed to pursue the available remedy under O.C.G.A. § 50-13-10 when the teachers instead waited until after the education board’s rules had already been declared invalid to bring an action seeking damages as the state had not ‘‘consented’’ to be sued for damages based upon the alleged invalidity or unconstitutionality of the rules and regulations promulgated and implemented by the state’s departments and agencies. State Bd. of Educ. v. Drury, 263 Ga. 429, 437 S.E.2d 290 (1993). Trial court properly denied the defendant’s amended motion for a new trial holding that the administration of breath tests pursuant to Ga. Comp. R. & Regs. 92-3-.06(12)(b) did not violate the due process clause under both U.S. Const., amend. 5 or Ga. Const. 1983, Art. I, Sec. I, Para. I given that: (1) the claim was raised for the first time in the new trial motion, and was thus untimely; (2) the defendant had an alternative remedy under the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., by filing an action for a declaratory judgment; (3) the defendant failed to show that the Division of Forensic Sciences (DFS) eliminated meaningful procedures for conducting breath tests when the division promulgated the rule; and (4) the techniques and 38 methods approved by DFS were sufficient to ensure fair and accurate testing. Palmaka v. State, 280 Ga. App. 761, 634 S.E.2d 883 (2006). Georgia Industrial Loan Commissioners’ authority to investigate. — Trial court properly dismissed a declaratory judgment action brought by a bank and a cash advance lender, which was operating as an agent for the bank, to stop the Georgia Industrial Loan Commissioner from conducting an investigation of their lending activities because the Commissioner was authorized to conduct an investigation of the two entities’ loan activities, in spite of the lender’s claim that the bank and the lender were operating under the authority of federal banking law. BankWest, Inc. v. Oxendine, 266 Ga. App. 771, 598 S.E.2d 343 (2004). Application of sovereign immunity. — Trial court did not err in finding that the APA governed a declaratory judgment action filed against a state agency, and that sovereign immunity barred any further discovery, pursuant to O.C.G.A. § 50-13-10; hence, as a result, when plaintiff consultant failed to comply with § 50-13-10, the trial court could do no more than grant the agency a protective order, and could not take any action beyond that, including declaring that the 50-13-11 department’s rules regarding health benefits could not be challenged. Live Oak Consulting, Inc. v. Dep’t of Cmty. Health, 281 Ga. App. 791, 637 S.E.2d 455 (2006). Trial court did not err in finding that sovereign immunity barred the declaratory action because the court correctly treated the policies of the board of regents regarding non-citizen eligibility for in-state tuition as falling outside the waiver of sovereign immunity found in O.C.G.A. § 50-13-10, thus, the students did not meet the students’ burden of showing that the policies at issue were agency rules adopted pursuant § 50-13-10’s waiver, rather than interpretive rules exempt from § 50-13-10. Olvera v. Univ. Sys. of Georgia’s Bd. of Regents, 331 Ga. App. 392, 771 S.E.2d 91 (2015). Cited in Pope v. Cokinos, 231 Ga. 79, 200 S.E.2d 275 (1973); Caldwell v. Liberty Mut. Ins. Co., 248 Ga. 282, 282 S.E.2d 885 (1981); Outdoor Adv. Ass’n v. DOT, 186 Ga. App. 550, 367 S.E.2d 827 (1988); State Bd. of Educ. v. Drury, 263 Ga. 429, 437 S.E.2d 290 (1993); SJN Props., LLC v. Fulton County Bd. of Assessors, 296 Ga. 793, 770 S.E.2d 832 (2015); Lathrop v. Deal, 301 Ga. 408, 801 S.E.2d 867 (2017); Ga. Dep’t of Human Servs. v. Addison, 304 Ga. 425, 819 S.E.2d 20 (2018); Moosa Co. LLC v. Dep’t of Revenue, 353 Ga. App. 429, 838 S.E.2d 108 (2020).