Ala. Admin. Code r. 450-1-2-.01

Current through Register Vol. 43, No. 02, November 27, 2024

Section 450-1-2-.01 - Petition For Adoption, Amendment Or Repealer Of Rules

(1) Any interested person may petition the Alabama Department of Transportation requesting the adoption, amendment or repeal of a rule.

(2) A petition shall adhere to the form described below. Petitions not in substantial compliance with the prescribed form shall be returned to the petitioner for correction.

(a) The 60-day time limit described in Code of Ala. 1975, § 41-22-8, shall start with the receipt of the petition, in proper form, by the Department.

(b) The petition shall be on white paper, 8 1/2" x 11" in size, with no reverse side entries. The original and three legible copies shall be filed with the Department.

(c) The petition shall be delivered by personal service or First Class Mail to:

ALABAMA DEPARTMENT OF TRANSPORTATION

ATTN: ADMINISTRATIVE PROCEDURE SECRETARY

LEGAL DIVISION

ROOM 147

1409 COLISEUM BOULEVARD

MONTGOMERY, AL 3 6110

(d) The petition shall be set out in numbered paragraphs as follows:

1. Petitioner's name:

2. The full address of the petitioner:

3. The petitioner's telephone number:

4. Action requested (adoption of the proposed rule, amendment of a rule or repeal of a rule):

5. (In the case of a petition for adoption) A concise statement of the proposed rule in rule form:

6. A statement of the reasons for the above action:

(3) A general statement concerning rules must not be accepted as a petition for adoption, amendment or repeal of a rule.

(4) More than one petition may be submitted at any given time, but each must conform to the above requirements. No more than one request for either the adoption, amendment or repeal of a single rule shall be contained in each petition.

(5) The Department, upon receipt of a petition, shall take the following action:

1. Receipt of petition shall be recorded;

2. Petitions not in reasonable compliance with this rule shall be promptly returned to the petitioner with modifications or additional information required to make the petition comply with this rule indicated;

3. Receipt of petition shall be acknowledged to the petitioner; and

4. The disposition of petitions for rule making shall be determined by the Department.

(6) The Department, in determining the disposition of the petition, may request written memoranda from personnel within the Department, input from interested persons outside the Department, or an oral presentation by the petitioner elaborating upon the reasons for the requested rule activity. The Department may conduct a hearing in order to receive oral presentations and evidence.

(7) Within 60 days after submission of a petition, the Department either shall deny the petition in writing on the merits, stating the reasons for the denial, or initiate rule making proceedings in accordance with Code of Ala. 1975, § 41-22-5.

Ala. Admin. Code r. 450-1-2-.01

Filed September 30, 1982. Amended: Filed May 17, 2013; effective June 21, 2013.

Author: Jim R. Ippolito, Jr., Chief Counsel

Statutory Authority:Code of Ala. 1975, § 23-1-59.