Ala. Admin. Code r. 420-1-2-.07

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

Section 420-1-2-.07 - Administrative Procedures For Rule-Making

(a) Except for the promulgation of an emergency rule, the State Health Officer, through the Agency Secretary, shall issue public notices of proposed rule-making.

(b) Public Hearing.

(1) Prior to the taking of any action on a proposed rule, the Board shall allow all interested persons a reasonable opportunity to submit data, views or comments, either orally or in writing. A public hearing shall be scheduled. Notice of such hearing shall be published in the Alabama Administrative Monthly. Actual notice to interested groups, agencies or persons may be made at the direction of the State Health Officer.

(2) The State Health Officer shall appoint a hearing officer who shall be given full control over the proceeding of the hearing. He shall direct the hearing so as to eliminate repetition and keep order, and shall require statements to be as factual as possible.

(3) All oral comments at the hearing shall be directed to the hearing officer. The hearing officer and members of the staff may question speakers if they so desire. Speakers will not be subject to questions from the audience.

(4) A stenographic reporting or electronic recording of the proceedings shall be made. A verbatim transcript may be prepared if needed. When so prepared, it shall become a part of the hearing record.

(5) Unless otherwise specified, all hearings shall be held in Montgomery, Alabama.

(c) Contents of Written Comments. All written comments shall be stated plainly and concisely. Unless otherwise specified in a notice requesting comments, comments may not exceed 15 pages in length, but necessary attachments may be appended to the submission without regard to the 15-page limit.

(d) Petition for Extension of Time to Comment. A petition for extension of time to submit comments must be received not later than 10 days before the expiration of the time stated in the notice. Petitions must be submitted to the State Health Officer, 201 Monroe Street, Suite 1552, Montgomery, Alabama 36104. The filing of the petition does not automatically extend the time for the petitioner's comments. Such a petition is granted only if the petitioner shows good cause for the extension and if the extension is consistent with the public interest. Under provisions of the Administrative Procedure Act, the agency has 90 days from the closing of the hearing record to adopt the final rule.

(e) Emergency Rules. If the State Health Officer finds that there is an immediate danger to the public health, safety or welfare which requires the adoption of a rule with less than 35 days' notice or that the action is required by or to comply with a federal statute or regulation which requires adoption of a rule upon fewer than 35 days' notice and so states in writing his reasons for that finding, the State Health Officer may proceed without prior notice or hearing, or any abbreviated notice and hearing that he finds practical, and adopt an emergency rule.

(1) Emergency rules become effective immediately upon filing a copy of such with the Legislative Reference Service.

(2) Emergency rules are not valid for longer than 120 days, and shall not be renewable.

(3) The Board shall not adopt the same or a substantially similar emergency rule within one year unless it establishes that it could not have reasonably been foreseen during the initial 120 days that such emergency would continue or would likely occur within the next nine months.

(4) A rule adopted under the emergency proceedings may be made a permanent rule by the Board by complying with all the provisions of the Alabama Administrative Procedure Act and these rules.

(5) Emergency rules promulgated by the State Health Officer shall have the same force and effect as those adopted by the Board.

(6) This rule applies only to emergency rules and not to emergency orders issued by the agency.

(f) Publication and Effective Date of Rules. The Agency Secretary shall file each rule upon adoption by the Board. Such rule shall be effective 35 days after the filing unless the Board specifies a longer time.

Ala. Admin. Code r. 420-1-2-.07

Filed July 20, 1990. Amended: Filed June 19, 1991. 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.