Ala. Admin. Code r. 303-X-3-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 303-X-3-.01 - Rules And Regulations

(1) All rules and regulations shall be adopted, amended, or repealed in accordance with the Alabama Administrative Procedures Act, Code of Ala. 1975, §§ 41-22-1, et seq.

(2) Prior to adoption, amendment, or repeal of any rule, the Board shall:

(a) give at least thirty-five (35) days notice of its intended action, such notice shall include a statement of either the terms of substance of the intended action or a description of the subjects and issues involved, and the time when, the place where, and the manner in which interested persons may present their views thereon, and the notice shall be published in the Alabama Administrative Monthly;

(b) afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The Board shall consider fully all written and oral submissions respecting the proposed rule.

(3) If the Board finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than thirty-five (35) days notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing it finds practical, to adopt an emergency rule. The rule or rules may be effective for a period of not longer than one hundred twenty (120) days.

(4) After adoption by the Board, each rule shall be filed with the Legislative Reference Service becoming effective thirty-five days thereafter.

Ala. Admin. Code r. 303-X-3-.01

New Rule: Filed February 11, 2011; effective March 18, 2011.

Author: Hendon B. Coody

Statutory Authority:Code of Ala. 1975, §§ 34-36-1, etseq.