Ala. Admin. Code r. 582-X-1-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 582-X-1-.06 - Petition For The Adoption Of A Rule

The purpose of this section is to delineate the procedures of the board for the submission, consideration, and adoption of a petition to the board to adopt a rule. Code of Ala. 1975, § 41-22-4(a) (1)

(a) Submission of the petition.

1. Any person may petition the board to adopt a rule using a form provided.

2. The petition shall be in writing; contain the petitioner's name, address, and organization, if any; and describe the rule and the reason for it; however, if the Alabama State Board of Midwifery determines that further information is necessary to assist the board in reaching a decision, the ASBM may require that the petitioner re-submit the petition and that it contain:

(i) a brief explanation of the proposed rule;

(ii) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;

(iii) a statement of the statutory or other authority under which the rule is to be promulgated; and

(iv) the public benefits anticipated as a result of adopting the rule or the anticipated injury or inequity which could result from the failure to adopt the proposed rule.

3. The ASBM may refuse to accept a petition which does not contain the information in paragraph (2) of this subsection or the information in paragraph (2) (A) - (D) of this subsection if the ASBM determines that the latter information is necessary.

4. The petition shall be mailed or delivered to the Alabama State Board of Midwifery.

(b) Consideration and adoption of the petition.

1. Within sixty (60) days of a received petition, the board shall deny the petition or institute rulemaking procedure. The board may deny parts of the petition or institute rulemaking procedures on parts of the petition.

2. The board may extend said period for approval or denial of said petition by written notice to petitioner for not more than thirty (30) additional days from the date of the received petition if the board has its next regularly scheduled meeting beyond said sixty (60) day period.

3. If the board denies the petition, the petitioner shall be given written notice of the board's denial, stating its reasons for the denial, in accordance with Code of Ala. 1975, § 41-22-5.

4. If the board initiates rulemaking procedures, the version of the rule which the board proposes may differ from the version proposed by the petitioner.

(c)Subsequent petitions to adopt the same or similarrule. All initial accepted petitions for the adoption of a rule shall be presented to and decided by the board in accordance with the provisions of this section. The ASBM may refuse to consider any subsequent petition for the adoption of the same or a similar rule submitted within twelve (12) months after the date of the initial petition.

Ala. Admin. Code r. 582-X-1-.06

Adopted by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 11/9/2018.

Author: Alabama State Board of Midwifery

Statutory Authority:Code of Ala. 1975, §§ 34-19-14, et seq.