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(1) All rules and regulations of the Board shall be adopted, amended or repealed in accordance with the Alabama Administrative Procedure Act.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.
Statutory Authority: Code of Ala. 1975, § 41-22-5.
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