Current through Register Vol. 42, No. 11, August 30, 2024
(1) A Declaratory Ruling is a formal written
ruling issued to members of the public by the Department 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 Labor, ATTN:
Administrative Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery,
Alabama 36131.
PETITION FOR DECLARATORY RULING
IN RE: THE PETITION OF____________________________DOCKET
NO._____________
(state petitioner's name) (filled in by department)
FOR A DECLARATORY RULING ON
______________________________________________
(state rule number, statute for which interpretation sought,
etc.)
(d) The body petition
shall be set out in numbered paragraphs as follows:
1.
Petitioner's
name:
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 Administrative Procedure Secretary 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.
(5) 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 the Department 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 the Department
deems it necessary, the petitioner may be requested to submit a written brief
concerning the petition.
(a) If a hearing is
conducted a transcript shall be given to the applicable office which will then
forward its recommendations or a recommended ruling. The Department 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.
(b) If no
hearing is conducted, the Department 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.
(6) All declaratory rulings shall be issued
by the Department. 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.
(7) A
declaratory ruling shall not be issued:
1. On
a petition which seeks the immediate payment or non-payment of benefits under
the Alabama Unemployment Compensation Law;
2. If petitioned for by a person not a party
to the contested case if the matter is involved in a contested case.
3. On matters in litigation.
Authors: W. F. Willett, Jr.; Joseph S.
Ammons
Statutory Authority:
Code of Ala.
1975, §
25-2-8.
