Ala. Admin. Code r. 420-1-4-.05

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

Section 420-1-4-.05 - Response By The Board

(1) Interim Response.

(a) Each petition received by the General Counsel shall be docketed and examined for conformity to these rules.

(b) If the petition is determined to present an appropriate request for declaratory ruling, and if it is in proper form, then the General Counsel shall promptly notify the petitioner of receipt of the petition, of the date of receipt, of acceptance of the petition as a valid request for an declaratory ruling, and of the forty-five-day time limit within which the petition must be answered.

(c) If the petition presents an inappropriate request for a declaratory ruling, or if the petition does not follow the form required by these rules, it shall be promptly returned to the petitioner by the General Counsel, together with a brief explanation of the reason(s) for its return.

(2) Final Response. The State Health Officer may issue, on behalf of the Board, a declaratory ruling in response to each properly submitted petition. Such ruling shall be sent to the petitioner by certified mail. The response of the State Health Officer is the final declaratory ruling of the agency, from which appeal may be taken pursuant to the Alabama Administrative Procedure Act.

(3) A petition that is not ruled upon within 45 days of receipt shall constitute a denial of the petition as well as a denial of merits of the petition and shall be subject to judicial review.

Ala. Admin. Code r. 420-1-4-.05

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

Authors: Brian Hale

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