Ala. Admin. Code r. 660-1-3-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-3-.04 - Public Petition For A Declaratory Ruling

(1) Any person or organization substantially affected by an existing rule may, as provided for in the Alabama Administrative Procedure Act, as amended and codified, challenge the validity and/or applicability of said rule by petitioning the Department to issue a declaratory ruling on the substance pertaining thereto. A petition for such action requires the submission of a Departmental Petition for Declaratory Ruling form (or facsimile), a copy of which can be found in Appendix A. Copies of the form may be obtained, without cost, from the State Office of the Department.

(2) If such a petition cannot be acted upon within 45 days of its receipt by the Department, the petition may be deemed denied as provided by § 41-22-11(b) of Code, or the petitioner may agree to an extension in order to obtain a ruling. The Department will advise the petitioner if an extension would aid the Department. The petitioner need not agree to the extension, but may agree if a ruling is desired.

(3) A petitioner or his or her representative must meet the requirements related to persons authorized to practice before the Department. These requirements are set forth in Rule No. 660-1-3-.05.

(4) A petition for a declaratory ruling by the Department if presented by other than the true party in interest must be accompanied by a Departmental Appointment of Representative form (or facsimile), a copy of which can be found in Appendix A. Copies of the form may be obtained, without cost, from the State Office of the Department.

Author:

Ala. Admin. Code r. 660-1-3-.04

Effective June 28, 1983.

Statutory Authority:Code of Ala. 1975, § 41-22-11.