Ala. Admin. Code r. 303-X-4-.01 - Declaratory Rulings
(1) The Board
may issue a declaratory ruling to any person substantially affected by a rule
with respect to the validity of the rule, or with respect to the applicability
to any person, property, or state of facts of any rule or statute enforceable
by the Board, or with respect to the meaning and scope of any order of the
Board. Such rulings shall be issued provided
(a) the petitioner shows that he/she is
substantially affected by the rule in question.
(b) sufficient facts are supplied in the
request to permit the Board to make a valid determination.
(c) the request arises from an actual
question or controversy.
(2) A request for declaratory ruling must be
in writing and must specifically state that it is a "Request for Declaratory
Ruling."
(3) Any person who wishes
to file a Petition for a Declaratory Ruling shall do so on the form prescribed
by the Board.
(4) Declaratory
petitions and subsequent rulings are governed by Code of Ala.
1975, §§
41-22-11.
Notes
Author: Hendon B. Coody
Statutory Authority: Code of Ala. 1975, §§ 34-36-1, et. seq.
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