Code of Alabama - Title 41: State Government - Section 41-22-2 - Legislative intent and purpose; effect on substantive rights; applicability; rulemaking authority

Section 41-22-2 - Legislative intent and purpose; effect on substantive rights; applicability; rulemaking authority.

(a) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public; and, save for express provisions of this act to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are in addition to those provided herein.

(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the following:

a. Provide legislative oversight of powers and duties delegated to administrative agencies.

b. Increase public accountability of administrative agencies.

c. Simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions.

d. Increase public access to governmental information.

e. Increase public participation in the formulation of administrative rules.

f. Increase the fairness of agencies in their conduct of contested case proceedings.

g. Simplify the process of judicial review of agency action as well as increase its ease and availability.

(2) In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical, and effective government administration.

(c) This chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.

(d) Every state agency having express statutory authority to adopt rules shall be governed by this chapter and any additional provisions required by statute, and shall also have the authority to amend or repeal rules, and to prescribe methods and procedures required in connection therewith. Nothing in this chapter shall be construed as granting to any agency the authority to adopt rules.

(e) All agencies whose rules or administrative decisions are subject to approval by the Supreme Court of Alabama and the Department of Insurance of the State of Alabama are exempted from this chapter.

(Acts 1981, No. 81-855, p. 1534, §2; Act 2019-498, §1.)

Last modified: May 3, 2021