Ala. Admin. Code r. 480-1-1-.10

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

Section 480-1-1-.10 - Review Of Internal Memoranda For Alabama Administrative Procedure Act

(1) The Administrative Procedure Act provides in substance that each agency regulation standard or statement of general applicability that implements, interprets, or prescribes law or policy or affects the rights of the public is absolutely void unless same is implemented as a formal rule and adopted as required under the provisions of the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-23-3(9).

(2) All internal numbered series memoranda, e.g. DIR Memoranda, UC Memoranda, ES Memoranda, and WC Memoranda, or other directives and informal memoranda that could possibly effect the rights of the public must be reviewed and preapproved by the General Counsel and the Administrative Procedure Secretary.

(a) The Planning and Systems Analysis Division will control the issuance of numbers for the above mentioned numbered memoranda series. Only after the receipt of a coordination sheet signed by the General Counsel and the Administrative Procedure Secretary will a number be issued for a memoranda.

(b) If it conforms to the definition of a Rule under the Alabama Administrative Procedure Act, the rule making process shall be initiated.

Author: George Cocoris, General Counsel

Ala. Admin. Code r. 480-1-1-.10

New Rule: Filed May 22, 1995; effective June 26, 1995.

Statutory Authority:Code of Ala. 1975, § 25-5-8.