Ala. Admin. Code r. 750-X-5-.07
Current through Register Vol. 43, No. 1, October 31, 2024
Section 750-X-5-.07 - Declaratory Rulings(1) The Board may issue declaratory rulings 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 the Board; or with respect to the meaning and scope of any order of the Board. Such rulings shall be issued provided: (a) The petitioner shows that he/she is substantially affected by the rule in question;(b) Sufficient facts are supplied in the request to permit the Board to make a valid determination;(c) The request arises from an actual question or controversy; and(d) The request does not involve continuing education requirements.(2) A petition for a declaratory ruling shall, at a minimum contain the following information, and be submitted in a form substantially similar to the following: Petition For Declaratory Ruling
On Rule No. __________________________________________________
1. Petitioner Name: ___________________________________________________
Address: ________________________________________________
Telephone: _____________________________________________
2. All rules or statutes that may be involved in the petition, if known: _________________________________________________________
_________________________________________________________
3. Clear and concise statement of the precise factual situation involved: _________________________________________________________
_________________________________________________________
4. The exact question to which an answer is desired: _________________________________________________________
_________________________________________________________
5. The reason for submitting the petition: _________________________________________________________
6. Full disclosure of the petitioner's interest: _________________________________________________________
7. Statement as to whether the petitioner's case is presently under consideration by the Alabama Board of Examiners in Psychology or in any pending proceeding: _________________________________________________________
_________________________________________________________
8. Affidavit certification: Signature of Petitioner _________________________________
Sworn to and Subscribed before me this the ______________ day of ________________________, 19 _______.
_____________________________
Notary Public
(3) All declaratory rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-11. Author: Alabama Board of Examiners in Psychology
Ala. Admin. Code r. 750-X-5-.07
New Rule: Filed September 21, 1994; effective October 26, 1994. Amended: Filed November 25, 1997; effective December 30, 1997. Amended: Filed May 14, 1998; effective June 18, 1998 (renumbered to 750-X-5-.06 - was 750-X-5-.07). When Rule 750-X-5-.05"Psychologists' And Psychological Technicians' Accountability For Unlicensed Individuals In Their Practices" was repealed, this rule became 750-X-5-.06.
Statutory Authority:Code of Ala. 1975, §§ 34-26-22, 41-22-11(a)