Alabama Administrative Code
Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING
Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION
Section 70-X-1-.09 - Declaratory Rulings
Current through Register Vol. 42, No. 5, February 29, 2024
(1) The Commissioner may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Department, or with respect to the meaning and scope of any order of the Department. Such rulings shall be issued provided:
(2) In order to be considered, a petition for a declaratory ruling shall contain the following minimum information:
(3) Failure or refusal to completely disclose or provide the minimum information required by these rules shall be grounds for dismissal of the petition.
(4) Declaratory rulings shall not issue with respect to generalized grievances or matters that are currently pending before the Department or any judicial or quasi-judicial body in any administrative review, formal hearing, proceeding, contested case or litigation, nor be utilized as a means of collateral attack on or appellate review of any final decision of the Department, or any judicial or quasi-judicial body.
(5) All rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-11.
Author: Irene B. Collins, Commissioner
Statutory Authority: Code of Ala. 1975 , §§ 38-3-8 to 38-3-9, 41-22-11.