Section 910-X-3-.04 - Enforcement Rules (Alabama Administrative Code)

§ 910-X-3-.04. Enforcement Rules

(1) The Authority will issue an opinion regarding the applicability to specified facts of:

(a) a statute administered or enforceable by the Authority; or

(b) a rule promulgated by the Authority.

(2) The Authority may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

(a) the complaint filed is brought forth as a frivolous complaint. The Executive Committee may make the determination that frivolous complaints are subject to the penalty provisions;

(b) lack of clarity;

(c) the facts presented in the request are not sufficient to answer the question presented;

(d) the request fails to contain information by these rules or the complainant failed to follow the procedure set forth in these rules;

(e) the question presented by the request concerns the legal validity of a statute or rule;

(f) a similar request is pending before this Authority or any agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law;

(3) A declared opinion of the Authority shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Authority may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed meet the requirements of these rules or that the opinion issued contains a legal or factual error.

(4) At any point prior to issuance of a citation or show cause letter, the Complainant may notify the administrator or the Executive Committee that the alleged violation form is withdrawn, and the Executive Committee will dismiss the matter against the alleged violator.

(5) The Authority may bring an action against any person or entity to collect any fines, penalties or other monies owed to the authority.

(Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. November 14, 2020.)

Author: Underground Damage Prevention Authority

Statutory Authority: Code of Ala. 1975, § 37-15-10.1.

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