Ala. Admin. Code r. 270-X-5-.02

Current through Register Vol. 42, No. 11, August 30, 2024

Section 270-X-5-.02 - Procedure For Requesting Adoption, Amendment Or Repeal Of Rule And Submission

Pursuant to Code of Ala. 1975, § 41-22-8, any person [as defined by Code of Ala. 1975, § 41-22-3(6)] who wishes to request the adoption, amendment or repeal of any rule of the Board of Dental Examiners of Alabama shall be required to comply with the following:

(1) All requests shall be in writing and shall be sent to the secretary-treasurer of the Board of Dental Examiners of Alabama by registered mail with return receipt requested.

(2) If the request is submitted on behalf of a person who is an individual, it shall include the name, business and residence address, business and residence telephone number.

(3) If the request is submitted on behalf of an entity, it shall include the name, address and telephone number of the said entity, and the name and title or position of the individual signing the request.

(4) The request shall identify with particularity the rule to be amended or repealed.

(5) The request shall explain in detail the reasons for the adoption, amendment, or repeal of any rule and shall set forth in detail the portion of the rule desired to be amended and shall set forth in detail the substance of any proposed amendment or new rule.

(6) The request shall state in detail how the person/entity is affected by the present rule and how they will be affected by the amendment or repeal of the existing rule or by the adoption of a new rule.

(7) At the discretion of the Board, the request shall either be considered and disposed of at a meeting of the entire Board or may be assigned to any member or members of the Board for consideration and disposition.

(8) Within sixty (60) days after receipt of the request by the Board the person/entity who made the request shall be notified in writing that the Board has denied the request on the merits, stating its reasons for the denial, or shall be notified that the Board will initiate rulemaking procedures in accordance with Code of Ala. 1975, § 41-22-5.

(9) If the request does not meet the requirements set out above, the request shall be returned and the person/entity shall be notified in writing of this failure and shall further be notified of their right to resubmit the request.

Ala. Admin. Code r. 270-X-5-.02

Filed September 28, 1982. Amended: Filed February 22, 2012; effective March 28, 2012.

Author: James S. Ward

Statutory Authority:Code of Ala. 1975, §§ 34-9-43, 41-22-8.