Code of Alabama
Chapter 22 - Administrative Procedure.
Section 41-22-2 - Legislative Intent and Purpose; Effect on Substantive Rights; Applicability; Rulemaking Authority.

(a) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public; and, save for express provisions of this act to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are in addition to those provided herein.
(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the following:
a. Provide legislative oversight of powers and duties delegated to administrative agencies.
b. Increase public accountability of administrative agencies.
c. Simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions.
d. Increase public access to governmental information.
e. Increase public participation in the formulation of administrative rules.
f. Increase the fairness of agencies in their conduct of contested case proceedings.
g. Simplify the process of judicial review of agency action as well as increase its ease and availability.
(2) In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical, and effective government administration.
(c) This chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.
(d) Every state agency having express statutory authority to adopt rules shall be governed by this chapter and any additional provisions required by statute, and shall also have the authority to amend or repeal rules, and to prescribe methods and procedures required in connection therewith. Nothing in this chapter shall be construed as granting to any agency the authority to adopt rules.
(e) All agencies whose rules or administrative decisions are subject to approval by the Supreme Court of Alabama and the Department of Insurance of the State of Alabama are exempted from this chapter.

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.