Ala. Admin. Code r. 420-1-2-.05

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

Section 420-1-2-.05 - Consideration Of Petitions

The Board shall give consideration to any petition for rule-making made and filed in accordance with Rule 420-1-2-.04. The Board may consider:

(a) the views of the Department staff; and of other state agencies

(b) whether the proposed rule adoption, amendment, or repeal is constitutional and within the statutory authority of the Department to adopt;

(c) whether the proposed rule adoption, amendment, or repeal would promote the legislative intent and purposes of the statutes that the Department administers;

(d) whether the petition is supported by such substantive, credible and relevant evidence, data and information as would reasonably support the proposed rule action.

(e) whether the petitioner has had a prior opportunity to present relevant evidence, data and information on the subject matter of the petition and the petitioner failed to present such evidence, data or information;

(f) whether alternative means of obtaining the same or similar relief are presently available to the petitioner or have in the recent past been made available to the petitioner;

(g) the manner in which the proposed rule adoption, amendment, or repeal would impact the overall regulatory scheme of the Department and whether the proposed rule adoption, amendment, or repeal would promote the basic underlying public policies of the statutes and rules which the Department administers; and

(h) any other relevant factors, evidence, data or information.

Ala. Admin. Code r. 420-1-2-.05

Filed July 20, 1990. Repealed and New Rule: Filed February 21, 2007; effective March 28, 2007.

Author: John R. Wible

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 41-22-8.