Ala. Admin. Code r. 70-X-1-.10

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

Section 70-X-1-.10 - Petitions For Adoption, Repeal, Or Change Of Rule

(1) Any person may petition the Department for the adoption of a new rule or for the repeal or change of any existing rule.

(2) Action by the Department on any such petition shall be as provided in the Code of Ala. 1975, § 41-22-8.

(3) In order to be considered, a petition for a rule change shall be in writing and contain the following minimum information:

(a) A title reflecting that the petition seeks the adoption of a new rule, or the modification or repeal of an existing rule or rules.

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

(c) A statement identifying all rules or statutes that may be involved should the relief sought in the petition be granted in whole or in part.

(d) A clear and concise statement or narrative as to why the new rule, or modification or repeal of an existing rule is needed, specifying:

(i) the persons or class of persons it would affect and how it would affect them;

(ii) the benefits and disadvantages of the proposed rule, modification or repeal;

(iii) the estimated cost or cost savings to the Department;

(iv) any other reasons why the rule, modification, or repeal should be accepted by the Department;

(v) the legal authority for the proposed rule, modification or change;

(vi) the names and complete addresses of any persons, firms, organizations, and the identity of any class of persons known to the petitioner who would be or could be adversely affected by the proposed rule, modification or repeal.

(e) The reason for submitting the petition, if not apparent from the face of the petition.

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

(g) A statement as to whether the issues presented by the petition are presently under consideration by the Department or by any judicial or quasi-judicial body in any pending proceedings, and if so where.

(h) 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.

Ala. Admin. Code r. 70-X-1-.10

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

Author: Irene B. Collins, Commissioner

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