Section 832-X-1-.03 - Procedures (Alabama Administrative Code)

§ 832-X-1-.03. Procedures

(1) The Alabama Administrative Procedures Act.

(a) The Alabama Administrative Procedures Act shall be the procedural code for the operations of the Board.

(b) Any rule adopted by the Board is intended, and shall be construed, to be substantively and procedurally in compliance with the provisions of the Alabama Administrative Procedures Act.

(2) Severability.

(a) If any rule of the Board, or any part thereof, is construed by any court to be invalid for any reason it is the intention of the Board that each rule, or portion thereof, are severable and that any remaining rules, and any parts thereof, shall continue in full force and effect.

(3) Declaratory rulings.

(a) A petition for a declaratory ruling from the Board shall be submitted to the Board as provided for in, and following the procedures of, the Alabama Administrative Procedures Act

(b) The Board shall not issue a declaratory ruling if a petition for a declaratory ruling is not submitted in compliance with the Alabama Administrative Procedures Act; if the Board lacks jurisdiction; if there is a lack of clarity of the issue presented; or if no clear answer is determinable.

(4) Civil actions.

(a) The Board may institute a civil action for an injunction with penalties and costs against any business or person alleged to be in violation of the Act or rules of the Board by a majority vote of the Board.

(5) Method of delivery of notice of Board actions.

(a) Notice of Board actions shall be delivered by first class mail, postage prepaid, to be effective upon deposit of the notice in the mail.

(New Rule: Filed January 26, 2011; effective March 2, 2 011.)

Author: Alabama Security Regulatory Board

Statutory Authority: Code of Ala. 1975, § 34-27C-3(a)(1).

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