Ala. Admin. Code r. 930-X-1-.29 - Declaratory Rulings

(1) Any person substantially affected by a statute administered or rule promulgated by the Board may request a declaratory ruling as to either the manner in which a statute or rule applies to a given factual situation, if at all, or whether a particular Board rule is valid.

(2) All requests for declaratory rulings shall be written and mailed to the Board. The request must include the following information:

(a) name and address of petitioner;

(b) statute or rule to which petition relates;

(c) concise statement indicating manner in which petitioner is aggrieved.

(3) If, in the discretion of the Board, the Board deems it appropriate to issue a declaratory ruling, it shall issue such declaratory ruling within sixty days of receipt of the petition.

(4) A declaratory ruling proceeding may consist of written submissions, an oral hearing, or other procedure as may be appropriate in the circumstance of the particular request.

(5) Whenever the Board believes for good cause that the issuance of a declaratory ruling is undesirable, it may refuse to issue such ruling. The Board will notify the petitioner of its decision in writing, stating the reasons for the denial of the declaratory ruling.

(6) For purposes of this rule, the Board may refuse to issue a declaratory ruling for reasons including but not limited to the following:

(a) the subject matter of the request is involved in pending litigation in any state or federal court.

(7) A record of all declaratory ruling proceedings will be maintained in the Board office for as long as the ruling is in effect and for five years thereafter. This record shall contain: the request, the notice, all written submissions filed in the request, whether filed by the petitioner or any other person, and a record or summary of oral presentations, if any.

Records of declaratory ruling proceedings will be available for public inspection during the regular office hours of the Board office.

(8) For the purpose of paragraph (7) of this section, a declaratory ruling shall be deemed to be in effect:

(a) until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed;

(b) until the Board changes the declaratory ruling prospectively for good reasons;

(c) or until any court sets aside the ruling in litigation between the Board and the party requesting the ruling.

Author: Alabama State Board of Veterinary Medical Examiners

Notes

Ala. Admin. Code r. 930-X-1-.29

Repealed and New Rule: Filed December 18, 1997; effective January 22, 1998.

Statutory Authority: Code of Ala. 1975, § 342-9-69.