Ala. Admin. Code r. 450-1-2-.02

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

Section 450-1-2-.02 - Petition For Declaratory Ruling

(1) A declaratory ruling is a formal written ruling issued to members of the public by the director with respect to the validity of a rule or with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the Department.

(a) A declaratory ruling is binding on the Department, and the person requesting it unless it is altered or set aside by a court in a proper proceeding.

(b) Such rulings are subject to review in the circuit court of Montgomery County, unless otherwise specifically provided by statute, in the manner provided in Code of Ala. 1975, § 41-22-12, for the review of decisions in contested cases.

(c) Nothing herein shall prevent any individual from seeking informal advice on any pertinent subject from the Department.

(2) A petition for a declaratory ruling may be filed by any person substantially affected.

(3) A petition for a declaratory ruling 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 45-day time limit described in Code of Ala. 1975, § 41-22-11(b), shall start with the receipt of the petition, in proper form, by the Department.

(b) 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 the:

ALABAMA DEPARTMENT OF TRANSPORTATION

ATTN: ADMINISTRATIVE PROCEDURE SECRETARY

LEGAL DIVISION

ROOM 147,

1409 COLISEUM BOULEVARD

MONTGOMERY, AL 36110

ALABAMA DEPARTMENT OF TRANSPORTATION

LEGAL DIVISION

ROOM 147

1409 COLISEUM BOULEVARD

MONTGOMERY, ALABAMA 36110

IN RE:

THE PETITION OF__________________________ Docket No.____________

(state petitioners name) _______________________

(filled in by dept.)

FOR A DECLARATORY RULING ON______________________________________

(state rule number, statute for which interpretation sought, etc.)

PETITION FOR A

DECLARATORY RULING

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

1. Petitioner's name:

2. Petitioner's full address:

3. All rules or statutes that may be involved in the petition, if known:

4. Clear and concise statement of the precise factual situation involved:

5. The exact question to which an answer is desired:

6. The reasons for submitting the petition:

7. Full disclosure of the petitioner's interest:

8. Statement as to whether the petitioner's case is presently under consideration by the Department or in any pending proceeding:

9. Subscription and verification by the petitioner before a notary public:

(4) Upon receipt of a petition for a declaratory ruling, the Department shall enter the date of receipt of the petition and the docket number and notify the petitioner of receipt of petition, the date and the docket number.

(a) The Department may then:

1. Notify the petitioner that no declaratory ruling will be issued;

2. Immediately issue a declaratory ruling;

3. Forward the petition to the proper office for investigation to determine if a ruling should be issued and, if so, receive the recommended contents of such a ruling;

4. If either the director or the applicable office deems it necessary, a hearing officer shall be requested to schedule a hearing as promptly as possible for the submission of testimony by the petitioner and reasonable notification given to all interested persons of the time and place for such a hearing; or

5. If either the director or the applicable office deems it necessary, the petitioner may be requested to submit a written brief concerning the petition.

(b) If a hearing is conducted, a transcript shall be given to the applicable office, which will then forward its recommendations or a recommended ruling to the director. The director shall, upon due consideration of the evidence and recommendations, and within 45 days of the request for such ruling:

1. Issue a binding declaratory ruling; or

2. Notify the petitioner that no declaratory ruling will be issued and the reasons therefor.

(c) If no hearing is conducted, the director, shall, after receiving the recommendation of the applicable office, and within 45 days from the receipt of the petition:

1. Issue a binding declaratory ruling; or

2. Notify the petitioner that no ruling will be issued.

(5) All declaratory rulings shall be issued by the director. A declaratory ruling shall have the same status as an order rendered in a contested case, and shall be final for purposes of appeal and judicial review. Failure to issue a declaratory ruling within 45 days of the request of such ruling shall constitute a denial of the request, and shall be subject to judicial review.

Ala. Admin. Code r. 450-1-2-.02

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.