The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless otherwise specifically provided by statute, if the court finds that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. In passing on such rules the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without substantial compliance with rule-making procedures provided for in this chapter.
Structure Code of Alabama
Chapter 22 - Administrative Procedure.
Section 41-22-1 - Short Title.
Section 41-22-3 - Definitions.
Section 41-22-5.2 - Review of Existing Rules.
Section 41-22-6 - Designation and Duties of Agency Secretaries; Effective Dates of Rules.
Section 41-22-13 - Rules of Evidence in Contested Cases.
Section 41-22-14 - Intervention in Contested Cases.
Section 41-22-19 - Grant, Denial, Renewal, etc., of Licenses.
Section 41-22-21 - Appeal of Final Judgment of Circuit Court Under Section 41-22-20.
Section 41-22-22 - Joint Committee on Administrative Regulation Review.
Section 41-22-24 - Reconsideration of Disapproved Rules by the Legislature.
Section 41-22-25 - Construction and Applicability of Chapter.