Ala. Admin. Code r. 420-1-4-.03

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

Section 420-1-4-.03 - Form Of Petitions

(1) Identification of Petition. Each petition must contain language reasonably calculated to alert the Board that the petitioner is requesting a declaratory ruling pursuant to these rules and Code of Ala. 1975, § 41-22-11. A petition which is properly addressed to the General Counsel and which has as a title the words, "PETITION FOR DECLARATORY RULING UNDER THE ALABAMA ADMINISTRATIVE PROCEDURE ACT," in legible type or handwriting, shall be deemed to conform to this requirement.

(2) Written Petitions Required. Each petition must be printed or typewritten, or must be in legible handwriting. Petitions may be in the form of a letter addressed to the General Counsel or in the form of a pleading as might be addressed to a court.

(3) Size of Paper. Each petition must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches).

(4) Return Address. Each petition must be submitted on business letterhead containing a street address or post office box or must include a return address for the petitioner. The return address must be suitable for delivery of certified mail.

(5) Facts Showing Entitlement. Each petition must state with particularity facts sufficient to show that the petitioner is substantially affected by the rule or statute in question.

(6) Issue Presented and Relief Requested. Each petition must concisely state the issue or issues presented for declaratory ruling. For each issue thus presented, the petition must briefly set forth the terms of a proposed ruling by the Board.

(7) Where to Send Petitions. All petitions must be mailed to the Office of General Counsel, Alabama Department of Public Health, P. O. Box 303017 Montgomery, Alabama, 36130-3017, or hand-delivered to the same at the RSA Tower, 201 Monroe Street, Suite 1540, Montgomery, Alabama 36104. It is the responsibility of the General Counsel to maintain a file of all petitions received and to oversee preparation of responses thereto.

(8) Authority to Submit Petition.

(a) If the petitioner is a natural person, the petition must be signed by that petitioner, by his or her authorized legal counsel, by his or her legal guardian, or, if the petitioner is a minor, by his or her custodial parent or guardian.

(b) If the petitioner is not a natural person, the petition must be signed by an individual duly authorized to submit a petition on behalf of the petitioner.

(c) In all cases except where the petition is signed by the petitioner and the petitioner is a natural person, the individual signing the petition must certify his or her authority to submit the petition in language substantially similar to the following: "Under penalty of perjury I hereby certify that I am duly authorized to submit this petition on behalf of (Name of Petitioner). My relationship to the petitioner is that of (state nature of relationship, such as, attorney, trustee, estate administrator, chief executive officer, general partner, parent or guardian)."

(9) Failure to Follow Form. No document or response from an employee of the Department shall be an official declaratory ruling of the Board when it is sent or made in reply to a communication which is not identified as a petition for declaratory ruling under Rule 420-1-4 -.03(1). Any petition which is not properly addressed to the General Counsel is sent at the risk of the petitioner, who shall not receive an official declaratory ruling of the Board until such time, if ever, as the petition is routed to the General Counsel. Any petition which does not otherwise substantially conform to the requirements set forth in these rules shall be returned to the petitioner with an explanation, but without issuance of a declaratory ruling.

Ala. Admin. Code r. 420-1-4-.03

Filed July 20, 1990. Amended: Filed May 20, 2009; effective June 24, 2009.

Author: Brian Hale

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 41-22-11.