Ala. Admin. Code r. 730-X-1-.09

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

Section 730-X-1-.09 - Declaratory Rulings

(1) Any persons substantially affected by a rule may petition the Board for a declaratory ruling with respect to the validity of a rule or the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the Board.

(2) The petition shall be in writing and shall include:

(a) the name and address of the petitioner;

(b) a statement of facts sufficient to show that the person seeking relief is substantially affected by the rule;

(c) the rule, statute or order and the reasons for the questions;

(3) The petition shall be considered and answered in writing by the Board within forty-five (45) days unless the Board is unable to reach a decision on the facts presented.

(4) Circumstances in which rulings shall not be issued include but are not necessarily limited to:

(a) lack of jurisdiction;

(b) lack of clarity of the issues presented;

(c) no clear answer determinable.

(5) In the event the Board fails to issue a declaratory ruling on the merits within forty-five (45) days of the request for such a ruling, said failure shall constitute a denial of the request as well as a denial of the merits of the request.

Ala. Admin. Code r. 730-X-1-.09

Filed February 1, 1985.

Author:

Statutory Authority:Code of Ala. 1975, § 41-22-11.