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Home » US Law » 2022 Code of Alabama » Title 41 - State Government. » Chapter 22 - Administrative Procedure.

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 41-22-10 – 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 41-22-15 – 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.

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 41-22-17 – 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.

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.

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.

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 41-22-22 – Joint Committee on Administrative Regulation Review.

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.

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 41-22-25 – Construction and Applicability of Chapter.

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.

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 […]