Code of Alabama
Chapter 22 - Administrative Procedure.
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.

(a) In addition to the other rulemaking requirements imposed by law, each agency shall:
(1) Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;
(2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;
(3) Make available for public inspection and copying, at cost, all rules and all other written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions;
(4) Make available for public inspection and copying, at cost, and index by name and subject all final orders, decisions, and opinions which are issued after October 1, 1982, except those expressly made confidential or privileged by statute or order of court.
(b) No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has been made available for public inspection and indexed as required by this section and the agency has given all notices required by Section 41-22-5. This provision is not applicable in favor of any person or party who has actual knowledge thereof, and the burden of proving such knowledge shall be on the agency.

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.