Ala. Admin. Code r. 628-X-2-.06 - Declaratory Rulings

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, §§ 34-21A-1, et seq.