Section 41-22-10 – Action for Declaratory Judgment as to Validity or Applicability of Rule; Stay of Enforcement of Rule by Injunction.
Section 41-22-10 Action for declaratory judgment as to validity or applicability of rule; stay of enforcement of rule by injunction. The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless otherwise specifically provided […]
Section 41-22-11 – Petition for Declaratory Ruling as to Validity of Rule, as to Applicability of Any Rule or Statute Enforceable by an Agency, or as to Meaning and Scope of Agency Order; Form and Contents; Binding Effect of Agency Ruling; Effect of Failure to Issue Ruling; Judicial Review.
Section 41-22-11 Petition for declaratory ruling as to validity of rule, as to applicability of any rule or statute enforceable by an agency, or as to meaning and scope of agency order; form and contents; binding effect of agency ruling; effect of failure to issue ruling; judicial review. (a) On the petition of any person […]
Section 41-22-12 – Notice and Opportunity for Hearing in Contested Cases; Contents of Notice; Power of Presiding Officer to Issue Subpoenas, Discovery and Protective Orders; Procedure Upon Failure of Notified Party to Appear; Presentation of Evidence and Argument; Right to Counsel; Disposition by Stipulation, Settlement, etc.; Contents of Record; Public Attendance at Oral Proceedings; Recordings and Transcripts of Oral Proceedings.
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice; power of presiding officer to issue subpoenas, discovery and protective orders; procedure upon failure of notified party to appear; presentation of evidence and argument; right to counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance at oral proceedings; recordings and […]
Section 41-22-13 – Rules of Evidence in Contested Cases.
Section 41-22-13 Rules of evidence in contested cases. In contested cases: (1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded […]
Section 41-22-14 – Intervention in Contested Cases.
Section 41-22-14 Intervention in contested cases. In contested cases, upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the case as distinguished from a public interest and the representation of the interest of […]
Section 41-22-1 – Short Title.
Section 41-22-1 Short title. This chapter shall be known as and may be cited as the “Alabama Administrative Procedure Act.” (Acts 1981, No. 81-855, p. 1534, §1.)
Section 41-22-2 – Legislative Intent and Purpose; Effect on Substantive Rights; Applicability; Rulemaking Authority.
Section 41-22-2 Legislative intent and purpose; effect on substantive rights; applicability; rulemaking authority. (a) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures […]
Section 41-22-3 – Definitions.
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except when the context otherwise requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative office or unit of the state, including the Alabama Department of Environmental Management, other […]
Section 41-22-4 – Adoption by Agencies of Rules Governing Organization, Practice, etc.; Public Access to Rules, Orders, etc.; Effect of Rules, Orders, etc., Not Made Available to Public.
Section 41-22-4 Adoption by agencies of rules governing organization, practice, etc.; public access to rules, orders, etc.; effect of rules, orders, etc., not made available to public. (a) In addition to the other rulemaking requirements imposed by law, each agency shall: (1) Adopt as a rule a description of its organization, stating the general course […]
Section 41-22-5 – Notice of Intent to Adopt, Amend, or Repeal Rules; Adoption of Emergency Rules; Procedural Requirements; Proceedings to Contest Rules.
Section 41-22-5 Notice of intent to adopt, amend, or repeal rules; adoption of emergency rules; procedural requirements; proceedings to contest rules. (a) Prior to the adoption, amendment, or repeal of any rule, the agency shall: (1) Give at least 35 days’ notice of its intended action. Date of publication in the Alabama Administrative Monthly shall […]