Ala. Admin. Code r. 190-X-6-.01 - Rule Making Proceedings

Current through Register Vol. 40, No. 6, March 31, 2022

(1) Petition for adoption of Rules

(a) Any person who wishes to propose that the Board adopt, repeal or amend any rule may do so on the form prescribed by the Board and supplied by the Executive Director.

(b) The Board shall meet and consider any petition for adoption, repeal or amendment within sixty days of its submission.

(2) Notice.

(a) The Board shall give at least thirty-five (35) days notice of any proposed action on any rule by publication in the Alabama Administrative Monthly in compliance with Code of Ala. 1975, 41-22-5; and by letter, a copy of proposed changes which is sent to the Alabama Administrative Monthly, to all legally constituted associations of chiropractors in the State of Alabama that has supplied the Executive Director with an address.

(b) Any person who wishes to receive notice by mail of all proposed actions on rules may do so by requesting such notice from the Executive Director and paying an annual charge of $10.00 to cover costs of the mailings. All annual subscriptions begin October 1 and expire September 30.

(3) Public Hearings. The Board shall permit all interested persons reasonable opportunity to submit data, views or arguments concerning any proposed rule action. Data, views or arguments submitted in writing must be received by the Executive Director at least two (2) days before the date specified in the notice as the day of the public hearing. Those persons wishing to appear before the Board to present data, views or arguments orally must submit a request to appear before the Board to the Executive Director, and such request must be received by the Executive Director at least five (5) days before the deadline for comment.

(4) Board Decision. The Board shall fully consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, the Board, if conflicting views are submitted on the proposed rule, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling any considerations urged against its adoption.

(5) Emergency Rules. In the event the Board finds that an immediate danger to the public health, safety or welfare requires adoption of a rule upon fewer than thirty-five (35) days notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a rule upon fewer than thirty-five (35) days notice, the Board may adopt an emergency rule under the provision of the Administrative Procedure Act, Section 5(2).

(6) Compliance With Administrative Procedure Act. All rules adopted by the Board shall otherwise substantively and procedurally comply with the provisions of the Alabama Administrative Procedure Act.

Notes

Ala. Admin. Code r. 190-X-6-.01

Filed September 30, 1982. Amended: Filed June 18, 2009; effective July 23, 2009. Amended: Filed October 18, 2012; effective November 22, 2012.

Author: Board of Chiropractic Examiners

Statutory Authority: Code of Ala. 1975, §§ 34-24-144, 34-24-165, 41-22-8.