Ala. Admin. Code r. 832-X-1-.03 - Procedures
(1) The Alabama
Administrative Procedures Act.
(a) The Alabama
Administrative Procedures Act shall be the procedural code for the operations
of the Board.
(b) Any rule adopted
by the Board is intended, and shall be construed, to be substantively and
procedurally in compliance with the provisions of the Alabama Administrative
Procedures Act.
(2)
Severability.
(a) If any rule of the Board,
or any part thereof, is construed by any court to be invalid for any reason it
is the intention of the Board that each rule, or portion thereof, are severable
and that any remaining rules, and any parts thereof, shall continue in full
force and effect.
(3)
Declaratory rulings.
(a) A petition for a
declaratory ruling from the Board shall be submitted to the Board as provided
for in, and following the procedures of, the Alabama Administrative Procedures
Act
(b) The Board shall not issue a
declaratory ruling if a petition for a declaratory ruling is not submitted in
compliance with the Alabama Administrative Procedures Act; if the Board lacks
jurisdiction; if there is a lack of clarity of the issue presented; or if no
clear answer is determinable.
(4) Civil actions.
(a) The Board may institute a civil action
for an injunction with penalties and costs against any business or person
alleged to be in violation of the Act or rules of the Board by a majority vote
of the Board.
(5) Method
of delivery of notice of Board actions.
(a)
Notice of Board actions shall be delivered by first class mail, postage
prepaid, to be effective upon deposit of the notice in the mail.
Notes
Author: Alabama Security Regulatory Board
Statutory Authority: Code of Ala. 1975, ยง 34-27C-3(a)(1).
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