Code of Alabama - Title 41: State Government - Chapter 22 - Administrative Procedure

• Section 41-22-1 Short title
  This chapter shall be known as and may be cited as the "Alabama Administrative Procedure Act."
• 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...
• Section 41-22-3 Definitions
  The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except when the context...
• Section 41-22-4 Adoption by agencies of rules governing organization, practice, etc.; public access to rules, orders, etc.; effect of rules, orders, etc., not made available to public
  (a) In addition to the other rulemaking requirements imposed by law, each agency shall: (1) Adopt as a rule a description of its organization, stating...
• Section 41-22-5 Notice of intent to adopt, amend, or repeal rules; adoption of emergency rules; procedural requirements; proceedings to contest rules
  (a) Prior to the adoption, amendment, or repeal of any rule, the agency shall: (1) Give at least 35 days' notice of its intended action....
• Section 41-22-5.1 Public notification of proposed rules; business economic impact statement; applicability
  (a) This section and Section 41-22-5.2 shall be known and may be cited as "The Red Tape Reduction Act." (b) When an agency files a...
• Section 41-22-5.2 Review of existing rules
  (a) Within five years of July 1, 2013, each agency shall review all agency rules existing on that date to determine whether the rules should...
• Section 41-22-6 Designation and duties of agency secretaries; effective dates of rules
  (a) Each agency shall have an officer designated as its secretary and shall file in the office of the secretary of the agency a certified...
• Section 41-22-7 Contents, publication, and availability of administrative material, duties of Legislative Services Agency, Legal Division
  (a) The secretary of an agency shall establish and maintain an official register of rules which shall be compiled, indexed, published in loose-leaf form, and...
• Section 41-22-8 Form for petition for adoption, amendment, or repeal of rules; procedure upon submission of petition
  Each agency shall prescribe by rule the form for petition requesting the adoption, amendment, or repeal of a rule and the procedure for submission, consideration,...
• Section 41-22-9 Adoption by reference of codes, standards, and regulations of other agencies of this state or the United States or of other approved organizations; form of reference; availability from agency of information as to rules, etc., adopted by reference
  An agency may adopt, by reference in its rules and without publishing the adopted matter in full, all or any part of a code, standard...
• Section 41-22-10 Action for declaratory judgment as to validity or applicability of rule; stay of enforcement of rule by injunction
  The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in...
• Section 41-22-11 Petition for declaratory ruling as to validity of rule, as to applicability of any rule or statute enforceable by an agency, or as to meaning and scope of agency order; form and contents; binding effect of agency ruling; effect of failure to issue ruling; judicial review
  (a) On the petition of any person substantially affected by a rule, an agency may issue a declaratory ruling with respect to the validity of...
• Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice; power of presiding officer to issue subpoenas, discovery and protective orders; procedure upon failure of notified party to appear; presentation of evidence and argument; right to counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance at oral proceedings; recordings and transcripts of oral proceedings
  (a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as...
• Section 41-22-13 Rules of evidence in contested cases
  In contested cases: (1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When...
• Section 41-22-14 Intervention in contested cases
  In contested cases, upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene, or when the...
• Section 41-22-15 Majority requirement for adoption of final decision in contested cases; use of proposed orders in cases where any official is unfamiliar with the case; finality of proposed orders
  In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the...
• Section 41-22-16 Form and content of final order; when final order to be rendered; service of notice and copies of final order
  (a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings...
• Section 41-22-17 Filing of application for rehearing in contested cases; form and content; effect of application on final order; grounds for rehearing; service of application on parties of record; agency decision on application
  (a) Any party to a contested case who deems himself aggrieved by a final order and who desires to have the same modified or set...
• Section 41-22-18 Disqualification from participation in proposed order or final decision based upon conflict of interest or personal bias
  (a) No individual who participates in the making of any proposed order or final decision in a contested case shall have prosecuted or represented a...
• Section 41-22-19 Grant, denial, renewal, etc., of licenses
  (a) The provisions of this chapter concerning contested cases shall apply to the grant, denial, revocation, suspension, or renewal of a license. (b) When a...
• Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final decisions in contested cases
  (a) A person who has exhausted all administrative remedies available within the agency, other than rehearing, and who is aggrieved by a final decision in...
• Section 41-22-21 Appeal of final judgment of circuit court under Section 41-22-20
  An aggrieved party may obtain a review of any final judgment of the circuit court under Section 41-22-20 by appeal to the appropriate court to...
• Section 41-22-22 Joint Committee on Administrative Regulation Review
  The committee shall review all agency rules prior to their adoption. The committee shall have full access to all resources of the legislative department and...
• Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services Agency, Legal Division, and Joint Committee on Administrative Regulation Review; fees
  (a) The Legislative Services Agency, Legal Division, shall review each rule certified to it by a state board or commission that regulates a profession, a...
• Section 41-22-28
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 41-22-23 Submission and review of proposed rules; fiscal note required for rules with economic impact
  (a) The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, in addition to the persons named in the notice, to each member...
• Section 41-22-24 Reconsideration of disapproved rules by the Legislature
  Repealed by Act 2015-291, §3, effective October 1, 2015.
• Section 41-22-25 Construction and applicability of chapter
  (a) This chapter shall be construed broadly to effectuate its purposes. Except as expressly provided otherwise by this chapter or by another statute referring to...
• Section 41-22-26 Repeal of inconsistent laws
  It is the express intent of the Legislature to replace all provisions in statutes of this state relating to rule-making, agency orders, administrative adjudication, or...
• Section 41-22-27 Effective date of chapter; validity, review, etc., of existing rules; disposition of certain cases and proceedings
  (a) This chapter shall take effect at 12:01 a.m., October 1, 1982; provided, however, that Section 41-22-22 shall take effect October 1, 1981. In order...

Last modified: May 3, 2021