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 41-22-1 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 41-22-10 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. (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 […]
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. 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 41-22-15 Majority requirement for adoption of final decision in contested cases; use of proposed orders in cases where any official is unfamiliar with the case; finality of proposed orders. In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the […]
Section 41-22-16 Form and content of final order; when final order to be rendered; service of notice and copies of final order. (a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, […]
Section 41-22-17 Filing of application for rehearing in contested cases; form and content; effect of application on final order; grounds for rehearing; service of application on parties of record; agency decision on application. (a) Any party to a contested case who deems himself aggrieved by a final order and who desires to have the same […]
Section 41-22-18 Disqualification from participation in proposed order or final decision based upon conflict of interest or personal bias. (a) No individual who participates in the making of any proposed order or final decision in a contested case shall have prosecuted or represented a party in connection with that case, the specific controversy underlying that […]
Section 41-22-19 Grant, denial, renewal, etc., of licenses. (a) The provisions of this chapter concerning contested cases shall apply to the grant, denial, revocation, suspension, or renewal of a license. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity […]
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 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final decisions in contested cases. (a) A person who has exhausted all administrative remedies available within the agency, other than rehearing, and who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. A preliminary, […]
Section 41-22-21 Appeal of final judgment of circuit court under Section 41-22-20. An aggrieved party may obtain a review of any final judgment of the circuit court under Section 41-22-20 by appeal to the appropriate court to which the appeal or review lies. The appeal shall be taken within 42 days of the date of […]
Section 41-22-22 Joint Committee on Administrative Regulation Review. The committee shall review all agency rules prior to their adoption. The committee shall have full access to all resources of the legislative department and all agencies thereof when conducting its review. For purposes of conducting business, six members of the committee, to include a minimum of […]
Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services Agency, Legal Division, and Joint Committee on Administrative Regulation Review; fees. (a) The Legislative Services Agency, Legal Division, shall review each rule certified to it by a state board or commission that regulates a profession, a controlling number of the members of […]
Section 41-22-23 Submission and review of proposed rules; fiscal note required for rules with economic impact. (a) The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, in addition to the persons named in the notice, to each member of the committee and such other persons in the legislative department as the committee […]
Section 41-22-24 Reconsideration of disapproved rules by the Legislature. Repealed by Act 2015-291, §3, effective October 1, 2015. (Acts 1981, No. 81-855, p. 1534, §24; Acts 1986, No. 86-472, p. 880, §1.)
Section 41-22-25 Construction and applicability of chapter. (a) This chapter shall be construed broadly to effectuate its purposes. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed […]
Section 41-22-26 Repeal of inconsistent laws. It is the express intent of the Legislature to replace all provisions in statutes of this state relating to rule-making, agency orders, administrative adjudication, or judicial review thereof that are inconsistent with the provisions of this chapter. Therefore, all laws or parts of laws that conflict with this chapter […]