Ala. Admin. Code r. 364-X-1-.16

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

Section 364-X-1-.16 - Declaratory Rulings

(1) Any person substantially affected by a statue administered by the Board, a rule promulgated by the Board, or an order issued by the Board, may request a declaratory ruling either as to the manner in which the statute or rule applies to a particular factual situation, the validity of a Board rule, or the meaning or scope of the order. A petition under this section shall be in writing and shall state with particularity facts sufficient to show that the person seeking relief is substantially affected by the rule statute, or order. For purposes of this section, "substantially affected by" means more than merely inconvenienced by the statute, rule or order.

(2) A petition for a declaratory ruling shall be submitted in the following form:

Petition for Declaratory Ruling

On Rule No._______________________________

(a) Name, address, and telephone number of petitioner,

(b) All rules or statutes that may be involved in the petition, if known,

(c) The exact question to which an answer is desired,

(d) Clear and concise statement of the precise factual situation involved,

(e) The reason for submitting the petition,

(f) Full disclosure of the petitioner's interest,

(g) Statement as to whether the petitioner's case is presently under consideration by the Board of Licensure for Professional Geologists,

(h) Statement of whether an oral hearing is desired and, if so, the reason therefor, and

(i) Affidavit Certification

Signature of Petitioner ____________________________________

Sworn to and subscribed before me this the ________ day of ________________ 19 ______

____________________________________________________________

Notary Public

(3) Such rulings will be made in accordance with the Alabama Administrative Procedures Act, Section 41-22-11, Code of Ala. 1975.

Author: Thornton L. Neathery

Ala. Admin. Code r. 364-X-1-.16

New Rule: Filed May 10, 1996; effective June 14, 1996. Amended: Filed March 5, 2002; effective April 9, 2002.

Statutory Authority:Code of Ala. 1975, § 34-41-5.