Ala. Admin. Code r. 270-X-5-.03

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

Section 270-X-5-.03 - Administrative Determinations And Declaratory Rulings Of The Board

Pursuant to Code of Ala. 1975, § 41-22-11, any person [as defined by Code of Ala. 1975, § 41-22-3(6)] who wishes to petition the Board for a declaratory ruling with respect to the validity of a Board rule or with respect to the applicability to any person, property or state of facts of any rule of the Board or statute enforceable by the Board, or with respect to the means and scope of any order of the Board, shall comply with the following:

(1) All petitions 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 and shall specifically state that it is a "request for a declaratory ruling."

(2) The petition shall state with particularity facts sufficient to show the person/entity seeking relief is substantially affected by the rule and shall also state sufficient facts to permit the Board to make a valid determination.

(3) The petition shall state with particularity facts sufficient to show the person/entity seeking relief is substantially affected by the rule and shall also state sufficient facts to permit the Board to make a valid determination.

(4) Provided that the petition or the matters stated therein arise from an actual question or controversy, the petition shall then request that the Board do one or more of the following:

1. Issue a declaratory ruling with respect to the validity of one of the Board's rules; or

2. Issue a declaratory ruling with respect to the applicability to any person/entity, property or state of facts of any rule of the Board or statute enforceable by the Board; or

3. Issue a declaratory ruling with respect to the meaning and scope of any order of the Board.

(5) At the discretion of the Board, the petition shall either be considered at a meeting of the entire Board or may be assigned to any member or members of the Board for consideration, and in either case a declaratory ruling may be issued. The failure of the Board to issue a declaratory ruling on the merits within 45 days from the receipt of the request by the Board shall constitute a denial of the request as well as a denial of the merits of the request.

(6) If the petition does not meet the requirements set out above, the petition shall be returned and the party shall be notified in writing of this failure and shall further be notified of their right to submit the petition again.

Ala. Admin. Code r. 270-X-5-.03

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, 41-22-11.