The Board may issue declaratory rulings to any person
substantially affected by a rule with respect to the validity of any 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 ruling shall be issued
provided:
(a) The petitioner shows
that the petitioner is substantially affected by the rule in question, and
sufficient facts are supplied in the request to permit the Board to make a
valid determination, and
(b) the
request arises from an actual question or controversy. The request for a
declaratory ruling must be in writing. All properly submitted petitions shall
be ruled upon by the Board within ninety calendar days of receipt beginning on
the first State of Alabama business day that the petition is received in the
office of the Executive Director. If the petition is determined to present an
inappropriate request, the Executive Director shall promptly return the
petition to the petitioner along with a brief explanation for
return.
Notes
Ala. Admin. Code r.
628-X-2-.06
New Rule: Filed May 19,
2000; effective June 23, 2000.
Amended by
Alabama
Administrative Monthly Volume XXXVIII, Issue No. 01, October 31,
2019, eff. 12/15/2019.
Rule .05 was renumbered to .06 per certification published
October 31, 2019; effective December 15,
2019.
Authors: Mitchelene Shaddix, Angie
Burkhalter
Statutory Authority:
Code of Ala.
1975, ยงยง
34-21A-1,
et seq.
