Code of Alabama - Title 45: Local Laws - Section 45-49-120.08 - Rulemaking authority

Section 45-49-120.08 - Rulemaking authority.

(a) The director shall recommend such rules as he or she may consider necessary, appropriate, or desirable to carry out this part, and may from time to time recommend amendments thereto. When such rules or amendments are recommended by the director, the board shall hold a public hearing thereon, and at or after such hearing shall approve or reject the recommendations of the director wholly or in part or to modify them and approve them as so modified. Rules hereunder shall be recommended by the director with or without the advice of any appointing authorities as soon as practicable after his or her appointment. The board shall have power on its own initiative to propose rules, amendments, or additions to the rules and, after holding a public hearing thereon, adopt, modify, or reject them.

(b) Rules adopted under this section shall have the force and effect of law.

(c) Among other things, such rules shall provide for the method of administering the classification plan and the pay plan; the establishment, maintenance, consolidation, and cancellation of lists; the charge, if any, to be made for receipt of applications or admission to tests; the application of service ratings; the hours of work, attendance regulation, and leaves of absence for employees in the classified service; and the order and manner in which layoffs shall be effected. Such rules may include any provisions relating to the classified service, not inconsistent with the laws of the state, which may be necessary or appropriate to give effect to the provisions and purposes of this part.

(d) The powers herein conferred upon the director shall be subject only to this part and of the rules adopted hereunder, and may be exercised by regulation or by order as the director sees fit. His or her powers and duties shall not be limited or restricted by the authorization to adopt rules, except to the extent that rules are adopted thereunder.

(Acts 1939, No. 470, p. 298, § 9.)

Last modified: May 3, 2021