Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-1-4 - PETITIONS FOR DECLARATORY RULINGS
Section 420-1-4-.02 - Petitions For Declaratory Rulings
Current through Register Vol. 42, No. 11, August 30, 2024
(1) Persons Who May Submit. Any person who is substantially affected by any rule of the Board, and any person substantially affected by any state or federal statute enforceable by the Board or by the Department may submit a petition requesting a declaratory ruling.
(2) Scope of Declaratory Ruling. In response to a properly submitted request, the Board may issue a declaratory ruling with respect to the validity of a rule, with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Board or by the Department, or with respect to the meaning and scope of any action taken by the Board. The Board shall not issue a declaratory ruling with respect to any other matters.
(3) Effect of Declaratory Ruling. A declaratory ruling is binding on the Board and on the petitioner unless altered or set aside by a court of competent jurisdiction, as provided in Code of Ala. 1975, § 41-22-11.
Author: Brian Hale
Statutory Authority: Code of Ala. 1975, §§ 22-2-2(6), 41-22-11.
