Ala. Admin. Code r. 70-X-1-.09

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

Section 70-X-1-.09 - Declaratory Rulings

(1) The Commissioner may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Department, or with respect to the meaning and scope of any order of the Department. Such rulings shall be issued provided:

(a) The petitioner shows that he/she is substantially affected by the rule in question;

(b) Sufficient facts are supplied in the written request to permit the Commissioner to make a valid determination; and

(c) The request arises from an actual question or controversy.

(2) In order to be considered, a petition for a declaratory ruling shall contain the following minimum information:

(a) A title reflecting that the petition seeks a declaratory ruling on a rule or rules.

(b) The Petitioner's Name, Address, and Telephone Number.

(c) A statement identifying all rules or statutes that may be involved in the petition, if known.

(d) A clear and concise statement of the precise factual situation involved.

(e) The exact question to which an answer is desired.

(f) The reason for submitting the petition.

(g) Full disclosure of the petitioner's interest.

(h) A statement as to whether the petitioner's case or question presented is presently under consideration by the Department or by any judicial or quasi-judicial body in any pending proceedings, and if so where.

(i) A certification and signature of Petitioner before a notary public or other person authorized by law to administer oaths that the information contained in the petition is true and correct to the best of petitioner's information and belief, and that the petition has not been filed for any improper purposes, or for delay or harassment.

(3) Failure or refusal to completely disclose or provide the minimum information required by these rules shall be grounds for dismissal of the petition.

(4) Declaratory rulings shall not issue with respect to generalized grievances or matters that are currently pending before the Department or any judicial or quasi-judicial body in any administrative review, formal hearing, proceeding, contested case or litigation, nor be utilized as a means of collateral attack on or appellate review of any final decision of the Department, or any judicial or quasi-judicial body.

(5) All rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-11.

Ala. Admin. Code r. 70-X-1-.09

New Rule: Filed June 5, 2009; effective July 10, 2009.

Author: Irene B. Collins, Commissioner

Statutory Authority:Code of Ala. 1975 , §§ 38-3-8 to 38-3-9, 41-22-11.