Ala. Admin. Code r. 740-X-1-.03

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

Section 740-X-1-.03 - Declaratory Rulings

Any person substantially affected by a rule may petition the Board for a declaratory ruling on whether a rule is valid or whether a rule or statute enforced by the Board is applicable to any person, property or state of facts or about the meaning and scope of any order of the Board.

(a) The petition must be in writing and must include:

1. The name and address of the petitioner.

2. A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule.

3. The rule, statute or order and the reasons for the questions.

(b) The petition will be considered and answered in writing by the Board within 45 days unless the Board is unable to reach a decision on the facts presented.

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

1. Lack of jurisdiction,

2. Lack of clarity concerning the issue presented,

3. No clear answer determinable.

(d) In the event the Board declines to issue a ruling, the petitioner must be notified in writing that the request for a declaratory ruling was denied and the reasons for denial must be specified.

Author: Polygraph Examiners Board

Ala. Admin. Code r. 740-X-1-.03

Filed February 7, 1984.

Statutory Authority:Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.