In this declaratory judgment action, Live Oak Consulting, Inc. Live Oak appeals the grant of the Department of Community Health’s Department motion for a protective order barring further discovery. Live Oak contends that the trial court erred in i deciding this matter pursuant to the Administrative Procedure Act APA,1 and ii finding that sovereign immunity protects state agencies in declaratory judgment actions. Live Oak also contends that the trial court erred in iii finding that the Department’s rules regarding health benefits cannot be challenged whatsoever. For the reasons set forth below, we affirm in part, vacate in part, and remand the case. OCGA § 9-11-26 c authorizes the trial court in which an action is pending, “upon motion by a party or by the person from whom discovery is sought and for good cause shown, . . . to make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” “The grant or denial of a motion for protective order generally lies within the sound discretion of the trial court, and the exercise of that discretion is reviewed on appeal for abuse.” Citation omitted. Alexander Properties Group v. Doe .2 See also Gropper v. STO Corp. 3
So viewed, the record shows that in order to provide public school teachers and other public school employees with a health insurance plan, the General Assembly enacted OCGA § 20-2-880 et seq. and OCGA § 20-2-910 et seq. In 1999, the General Assembly created the Department of Community Health and authorized the Department to establish and administer the state health insurance benefit plan Health Plan for both public school teachers and other public school employees.4 To help fund the Health Plan, the Department established regulations requiring local school systems participating in the Health Plan, as employers, to contribute different dollar amounts for each employee according to whether the employee is a certificated public school teacher as defined by OCGA § 20-2-880 45 or a public school employee as defined by OCGA § 20-2-910 3.6 See Ga. Comp. R. & Regs. r. 111-4-1-.02 d 2006. Specifically, “the local school system employer contribution rate for the public school employee health insurance fund shall be a dollar amount per actively enrolled public school employee.” Ga. Comp. R. & Regs. r. 111-4-1-.02 d 3 2006. “The employer contribution rate for the teachers health insurance fund shall be a percentage of the salary approved by the State Board of Education under the Quality Basic Education Act for persons holding ‘Certificated Positions’ or in a ‘Certificated Capacity’. The monthly employer contribution shall be a percentage of state based salaries.” Ga. Comp. R. & Regs. r. 111-4-1-.02 d 4 2006.
