Current through Register Vol. 43, No. 02, November 27, 2024
(1) A declaratory ruling is a formal written
ruling issued to members of the public by the director with respect to the
validity of a rule or with respect to 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 Department.
(a) A declaratory ruling is binding on the
Department, and the person requesting it unless it is altered or set aside by a
court in a proper proceeding.
(b)
Such rulings are subject to review in the circuit court of Montgomery County,
unless otherwise specifically provided by statute, in the manner provided in
Code of Ala. 1975, §
41-22-12,
for the review of decisions in contested cases.
(c) Nothing herein shall prevent any
individual from seeking informal advice on any pertinent subject from the
Department.
(2) A
petition for a declaratory ruling may be filed by any person substantially
affected.
(3) A petition for a
declaratory ruling shall adhere to the form described below. Petitions not in
substantial compliance with the prescribed form shall be returned to the
petitioner for correction.
(a) The 45-day
time limit described in
Code of Ala. 1975, §
41-22-11(b),
shall start with the receipt of the petition, in proper form, by the
Department.
(b) Petition shall be
on white paper, 8 1/2" x 11" in size, with no reverse side entries. The
original and three legible copies shall be filed with the Department.
(c) The petition shall be delivered by
personal service or First Class Mail to the:
ALABAMA DEPARTMENT OF TRANSPORTATION
ATTN: ADMINISTRATIVE PROCEDURE SECRETARY
LEGAL DIVISION
ROOM 147,
1409 COLISEUM BOULEVARD
MONTGOMERY, AL 36110
ALABAMA DEPARTMENT OF TRANSPORTATION
LEGAL DIVISION
ROOM 147
1409 COLISEUM BOULEVARD
MONTGOMERY, ALABAMA 36110
IN RE:
THE PETITION OF__________________________ Docket
No.____________
(state petitioners name) _______________________
(filled in by dept.)
FOR A DECLARATORY RULING
ON______________________________________
(state rule number, statute for which interpretation sought,
etc.)
PETITION FOR A
DECLARATORY RULING
(d) The body petition shall be set out in
numbered paragraphs as follows:
2. Petitioner's
full address:
3. All rules or
statutes that may be involved in the petition, if known:
4. Clear and concise statement of the precise
factual situation involved:
5. The
exact question to which an answer is desired:
6. The reasons for submitting the
petition:
7. Full disclosure of the
petitioner's interest:
8. Statement
as to whether the petitioner's case is presently under consideration by the
Department or in any pending proceeding:
9. Subscription and verification by the
petitioner before a notary public:
(4) Upon receipt of a petition for a
declaratory ruling, the Department shall enter the date of receipt of the
petition and the docket number and notify the petitioner of receipt of
petition, the date and the docket number.
(a)
The Department may then:
1. Notify the
petitioner that no declaratory ruling will be issued;
2. Immediately issue a declaratory
ruling;
3. Forward the petition to
the proper office for investigation to determine if a ruling should be issued
and, if so, receive the recommended contents of such a ruling;
4. If either the director or the applicable
office deems it necessary, a hearing officer shall be requested to schedule a
hearing as promptly as possible for the submission of testimony by the
petitioner and reasonable notification given to all interested persons of the
time and place for such a hearing; or
5. If either the director or the applicable
office deems it necessary, the petitioner may be requested to submit a written
brief concerning the petition.
(b) If a hearing is conducted, a transcript
shall be given to the applicable office, which will then forward its
recommendations or a recommended ruling to the director. The director shall,
upon due consideration of the evidence and recommendations, and within 45 days
of the request for such ruling:
1. Issue a
binding declaratory ruling; or
2.
Notify the petitioner that no declaratory ruling will be issued and the reasons
therefor.
(c) If no
hearing is conducted, the director, shall, after receiving the recommendation
of the applicable office, and within 45 days from the receipt of the petition:
1. Issue a binding declaratory ruling;
or
2. Notify the petitioner that no
ruling will be issued.
(5) All declaratory rulings shall be issued
by the director. A declaratory ruling shall have the same status as an order
rendered in a contested case, and shall be final for purposes of appeal and
judicial review. Failure to issue a declaratory ruling within 45 days of the
request of such ruling shall constitute a denial of the request, and shall be
subject to judicial review.
Author: Jim R. Ippolito, Jr., Chief
Counsel
Statutory Authority:
Code of Ala.
1975, §
23-1-59.