Ala. Admin. Code r. 798-X-3-.11

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

Section 798-X-3-.11 - Declaratory Rulings

Any person substantially affected by a rule may petition the Board for a declaratory ruling with respect to the validity of a rule or 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 Board.

(1) The petition shall be in writing and shall include:

(a) The name and address of the petitioner;

(b) A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule; and

(c) The rule, statute or order and the reasons for the questions.

(2) Failure of the Board to issue a declaratory ruling at its next regularly scheduled meeting following receipt of request shall constitute a denial of the request. The Board shall provide the petitioner written notification of its decision to deny the request and shall state therein the reason for denial.

(3) Circumstances in which rulings shall not be issued include but are not necessarily limited to:

(a) Lack of jurisdiction.

(b) Lack of clarity of the issue presented.

(c) No clear answer determinable.

Author: The Alabama State Board of Respiratory Therapy

Ala. Admin. Code r. 798-X-3-.11

New Rule: Filed May 16, 2005; refilled August 10, 2005; effective September 14, 2005.

Statutory Authority:Code of Ala. 1975, §§ 34-27B-1 thru 34-27B-17.