Section 850-X-1-.11 - Declaratory Rulings (Alabama Administrative Code)

§ 850-X-1-.11. Declaratory Rulings

(1) The Board 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 Board, or with respect to the meaning and scope of any order of the Board. Such rulings shall be issued provided:

(a) The petitioner shows that he/she is substantially affected by the rule in question;

(b) Sufficient facts are supplied in the request to permit the Board to make a valid determination; and

(c) The request arises from an actual question or controversy.

(2) A petition for a declaratory ruling shall contain the following minimum information:

(a) A title reflecting that the petition seeks a declaratory ruling on a rule or rules.

(b) The petitioner's name, address and telephone number.

(c) A statement identifying all rules or statutes that may be involved in the petition, if known.

(d) A clear and concise statement of the precise factual situation involved.

(e) The exact question to which an answer is required.

(f) The reason for submitting the petition.

(g) Full disclosure of the petitioner's interest.

(h) A statement as to whether the petitioner's case or question presented is presently under consideration by the Board or by any judicial or quasi-judicial body in any pending proceedings, and, if so, where.

(I) A certification and signature of petitioner before a notary public or other person authorized by law to administer oaths that the information contained in the petition is true and correct to the best of petitioner's information and belief, and that the petition has not been filed for any improper purposes, or for delay or harassment.

(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 Board or any judicial or quasi-judicial body in any proceeding, contested case or litigation, nor may be utilized as a means of collateral attack on or appellate review of any final decision of the Board, or any judicial or quasi-judicial body.

(5) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22 -11 (1991).

(Repealed and Replaced: Filed: October 31, 1997; Operative December 5, 1997; effective January 1, 1998 (See Rule 850-X-1-.19). Renumbered from 850-X-1-.16Alabama Administrative Monthly Volume XXXIV, Issue No. 12, September 30, 2016, eff. October 30, 2016.)

Rule .16 was renumbered .11 as per certification filed September 15, 2016; effective October 30, 2016.

Author: Alabama State Board of Social Work Examiners

Statutory Authority: Code of Ala. 1975, § 41-22 -11 (1991).

Disclaimer: This content is regularly reviewed to ensure the information is current and accurate. However, Section 850-X-1-.11 Declaratory Rulings may have been updated since our last review. For the latest version of all legislation, please check the official resources.

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