Ala. Admin. Code r. 540-X-1-.08 - Rules And Regulations
(1) All
rules and regulations of the Board shall be adopted, amended or repealed in
accordance with the Alabama Administrative Procedure Act.
(2) Prior to adoption, amendment or repeal of
any rule the Board shall:
(a) Give at least
thirty-five days' notice of its intended action--such notice shall include a
statement of either the terms of substance of the intended action or a
description of the subjects and issues involved, and the time when, the place
where, and the manner in which interested persons may present their views
thereon--and the notice shall be published in the Alabama Administrative
Monthly; and
(b) Afford all
interested persons reasonable opportunity to submit data, views, or arguments,
orally or in writing. The Board shall consider fully all written and oral
submissions respecting the proposed rule.
(3) If the Board finds that an imminent peril
to the public health, safety or welfare requires adoption of a rule upon fewer
than thirty-five days' notice and states in writing its reasons for that
finding, it may proceed without prior notice or hearing, or upon any
abbreviated notice and hearing it finds practical, to adopt an emergency rule.
The rules may be effective for a period of not longer than one hundred twenty
days.
(4) After adoption by the
Board, each rule shall be filed with the Legislative Reference Service,
becoming effective thirty-five days thereafter.
Author:
Notes
Statutory Authority: Code of Ala. 1975, ยง 41-22-5.
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