Ala. Admin. Code r. 303-X-3-.02

Current through Register Vol. 42, No. 12, September 30, 2024

Section 303-X-3-.02 - Petition For Adoption, Amendment Or Repeal Of A Rule

(1) Any interested party may petition the Board requesting the adoption, amendment or repeal of a rule. The petition shall:

(a) be submitted in writing;

(b) include an exact statement of the proposed rule, amendment or identification of the rule to be repealed;

(c) include the pertinent facts, data, opinions, or arguments in support of the petitioner's position;

(d) briefly describe what the effect of this change will be and why the petitioner believes the change should be made ;

(e) be signed by the petitioner.

(2) Within sixty (60) days after submission of a petition, the Board shall initiate rulemaking proceedings or deny the petition in writing on the merits, stating its reasons for the denial. However, if the Board's next regularly scheduled meeting is beyond the sixty (60) day period, then the Board may provide written notice that the period is extended for an additional thirty (30) days, during which time it will initiate rule making proceedings or deny the petition.

(3) A petition requesting adoption, amendment, or repeal of a rule shall not be considered by the Board if the subject of the petition is the same or similar to the subject presented in another petition considered by the Board within the previous twelve (12) months.

Ala. Admin. Code r. 303-X-3-.02

Filed March 7, 1986. Repealed and New Rule: Filed February 11, 2011; effective March 18, 2011. Ed. Note: Rule .01 was renumbered to .02 as per certification filed February 11, 2011; effective March 18, 2011.

Author Hendon B. Coody

Statutory Authority:Code of Ala. 1975, §§ 34-36-1, et. seq.