Code of Alabama
Chapter 22 - Administrative Procedure.
Section 41-22-11 - Petition for Declaratory Ruling as to Validity of Rule, as to Applicability of Any Rule or Statute Enforceable by an Agency, or as to Meaning and Scope of Agency Order; Form and Contents; Binding Effect of Agency Ruling; Effect of...

(a) On the petition of any person substantially affected by a rule, an agency may issue a declaratory ruling with respect to the validity of the rule or with respect to 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 agency. The petition seeking an administrative determination under this section shall be in writing and shall state with particularity facts sufficient to show the person seeking relief is substantially affected by the rule. Each agency shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition, and shall prescribe in its rules the circumstances in which rulings shall or shall not be issued.
(b) A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by a court in a proper proceeding. Such rulings are subject to review in the Circuit Court of Montgomery County, unless otherwise specifically provided by the statute, in the manner provided in Section 41-22-20 for the review of decisions in contested cases. Failure of the agency to issue a declaratory ruling on the merits within 45 days of the request for such ruling shall constitute a denial of the request as well as a denial of the merits of the request and shall be subject to judicial review.

Structure Code of Alabama

Code of Alabama

Title 41 - State Government.

Chapter 22 - Administrative Procedure.

Section 41-22-1 - Short Title.

Section 41-22-2 - Legislative Intent and Purpose; Effect on Substantive Rights; Applicability; Rulemaking Authority.

Section 41-22-3 - Definitions.

Section 41-22-4 - Adoption by Agencies of Rules Governing Organization, Practice, etc.; Public Access to Rules, Orders, etc.; Effect of Rules, Orders, etc., Not Made Available to Public.

Section 41-22-5 - Notice of Intent to Adopt, Amend, or Repeal Rules; Adoption of Emergency Rules; Procedural Requirements; Proceedings to Contest Rules.

Section 41-22-5.1 - Public Notification of Proposed Rules; Business Economic Impact Statement; Applicability.

Section 41-22-5.2 - Review of Existing Rules.

Section 41-22-6 - Designation and Duties of Agency Secretaries; Effective Dates of Rules.

Section 41-22-7 - Contents, Publication, and Availability of Administrative Material; Duties of Legislative Services Agency, Legal Division.

Section 41-22-8 - Form for Petition for Adoption, Amendment, or Repeal of Rules; Procedure Upon Submission of Petition.

Section 41-22-9 - Adoption by Reference of Codes, Standards, and Regulations of Other Agencies of This State or the United States or of Other Approved Organizations; Form of Reference; Availability From Agency of Information as to Rules, etc., Adopte...

Section 41-22-10 - Action for Declaratory Judgment as to Validity or Applicability of Rule; Stay of Enforcement of Rule by Injunction.

Section 41-22-11 - Petition for Declaratory Ruling as to Validity of Rule, as to Applicability of Any Rule or Statute Enforceable by an Agency, or as to Meaning and Scope of Agency Order; Form and Contents; Binding Effect of Agency Ruling; Effect of...

Section 41-22-12 - Notice and Opportunity for Hearing in Contested Cases; Contents of Notice; Power of Presiding Officer to Issue Subpoenas, Discovery and Protective Orders; Procedure Upon Failure of Notified Party to Appear; Presentation of Evidence...

Section 41-22-13 - Rules of Evidence in Contested Cases.

Section 41-22-14 - Intervention in Contested Cases.

Section 41-22-15 - Majority Requirement for Adoption of Final Decision in Contested Cases; Use of Proposed Orders in Cases Where Any Official Is Unfamiliar With the Case; Finality of Proposed Orders.

Section 41-22-16 - Form and Content of Final Order; When Final Order to Be Rendered; Service of Notice and Copies of Final Order.

Section 41-22-17 - Filing of Application for Rehearing in Contested Cases; Form and Content; Effect of Application on Final Order; Grounds for Rehearing; Service of Application on Parties of Record; Agency Decision on Application.

Section 41-22-18 - Disqualification From Participation in Proposed Order or Final Decision Based Upon Conflict of Interest or Personal Bias.

Section 41-22-19 - Grant, Denial, Renewal, etc., of Licenses.

Section 41-22-20 - Judicial Review of Preliminary, Procedural, etc., Actions or Rulings and Final Decisions in Contested Cases.

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 41-22-22.1 - Review of Board and Commission Rules and Actions by Legislative Services Agency, Legal Division, and Joint Committee on Administrative Regulation Review; Fees.

Section 41-22-23 - Submission and Review of Proposed Rules; Fiscal Note Required for Rules With Economic Impact.

Section 41-22-24 - Reconsideration of Disapproved Rules by the Legislature.

Section 41-22-25 - Construction and Applicability of Chapter.

Section 41-22-26 - Repeal of Inconsistent Laws.

Section 41-22-27 - Effective Date of Chapter; Validity, Review, etc., of Existing Rules; Disposition of Certain Cases and Proceedings.