Ala. Admin. Code r. 830-X-1-.08

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

Section 830-X-1-.08 - Petition For Declaratory Rulings

(1) A person may petition the Commission for a declaratory ruling as to the validity of any of these rules or the applicability of any rule or statute enforceable by the Commission or with respect to the meaning and scope of any order of the Commission as it applies to the petitioner in his particular set of circumstances.

(2) The potential impact upon the petitioner's substantial interest must be alleged in order for the petitioner to show the existence of a controversy.

(3) The petition shall include the petitioner's name and mailing address and shall specify which rule, order, or statutory provision on which the declaratory ruling is sought and shall include a description of how the rule, order, or statute affects the petitioner. The Commission, may at its own discretion, hold an informal hearing to dispose of the petition. The Commission shall only issue a ruling upon a finding of a substantial interest of the petitioner and a clear finding that the rule, order, or statutory provision either is, or is not, applicable to the petitioner under his particular circumstances.

Author:

Ala. Admin. Code r. 830-X-1-.08

Filed September 30, 1982. Readopted: Filed November 9, 1983.

Statutory Authority:Code of Ala. 1975, § 8-6-23, 41-22-11.