Section 930-X-1-.28 - Rule-Making Hearing (Alabama Administrative Code)

§ 930-X-1-.28. Rule-Making Hearing

(1) Any interested person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall address a petition to the Board.

(2) The Board's designate will determine whether the public interest will be served by granting the request. Before making this determination, the Board's designate may request additional information from the petitioner(s); he or she may contact interested persons likely to be affected by the proposed rule and request comments; he or she may use any other appropriate method for getting information on which to base his or her determination. He or she shall consider all the contents of the petition submitted plus any other information gotten by the means described herein.

(3) The designate shall make a recommendation to the Board for the institution of rule-making proceedings or for the denial of the petition, as the case may be.

(4) Within thirty days of submission of the petition, a final decision shall be given by the Board. If the decision is to deny the petition, the Board will notify the petitioner in writing stating the reasons therefor. If the decision is to grant the petition, the Board, within thirty days of submission, shall initiate a rule-making proceeding by issuing a rule-making notice, as provided in these rules.

(5) Upon a determination to hold a rule-making proceeding, either in response to a petition or otherwise, the Board shall give notice to all interested persons of a public hearing on the proposed rule at least ten days before such hearing and at least twenty days before the adoption, amendment or repeal of the rule.

(6) The Board shall transmit to all Alabama licensees copies of all rule-making notices. Any other person or agency desiring to be placed on the mailing list for Board rule-making notices may file such requests in writing, furnishing his or her name and mailing address to the Board. The letter of request should state those subject areas within the authority of the Board for which he or she wants notice. The Board may require reasonable postage and stationary costs to be paid by persons receiving such notices.

(7) Persons desiring information in addition to that provided in an individual rule-making notice may contact the Board. Any written communication should clearly indicate the rule-making proceeding which is subject of the inquiry.

(8) Any persons desiring to present oral data, views, or arguments on the proposed rule must, at least five days before the hearing, file a notice with the Board. Notice of desire to appear may be waived, or failure to give notice may be excused, by the presiding officer, in his or her discretion. Any person permitted to make an oral presentation to the Board before or at the hearing is encouraged to submit a written copy of the presentation to the Board before or at the beginning of the hearing.

(9) A request to make an oral presentation shall contain a clear reference to the proposed rule, a brief summary of the individual's views in respect thereto, and how long the individual desires to speak. Presentations shall be limited to fifteen minutes unless the Board prescribes some other time limit.

(10) Upon receipt of the notice of a person's desire to present his or her views orally, the Board shall acknowledge receipt of the request and inform the person of the imposition of any limitations deemed necessary for a full and effective public hearing on the proposed rule.

(11) The Board shall consider fully all written submissions respecting a proposed rule. Upon receipt of written comments, at least five days before the date of a rule-making hearing the Board will acknowledge receipt with an assurance that the comments will be carefully considered by the Board before a final decision.

(12) The presiding officer at the hearing shall have complete control of the proceedings, including: extensions of any time requirements, recognition of speakers, time allotments for presentations, the right to question speakers, direction of the discussion and management of the hearing. The presiding officer, at all times, will take care that each person participating in the hearing is given a fair opportunity to present views, data and comments.

(13) Any interested person desiring a concise statement of the principal reasons for and against the adoption of a rule by the Board and the factors that led to overruling the consideration urged against its adoption may submit a request to the Board.

(a) For purposes of subsection (1) of this chapter, an "interested person" shall be any person(s) whose rights, duties, or privileges might be affected by the adoption of the rule in question, or any group or organization of persons whose rights, duties or privileges might be affected by the rule.

(b) The request must be made in writing and submitted within thirty days after adoption of a rule.

(14) A record of all rule-making proceedings shall be maintained in the Board office for as long as the rule is in effect, and for five years following filing with the Administrative Procedures Division of the Alabama Legislative Reference Service. Such record shall contain: the original petition, the notice, all written memoranda and information submitted, and a record or summary of oral presentations, if any. Records of rule-making proceedings shall be available for public inspection during the regular office hours of the Board.

(15) If the Board finds that an imminent peril to the public health, safety, or welfare need adoption, amendment, or repeal of a rule, it may without notice or upon fewer than twenty days notice state in writing its reasons for that finding, and go ahead without prior notice or hearing, or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. This rule shall be effective for a period of not longer than one-hundred twenty days.

(Repealed and New Rule: Filed December 18, 1997; effective January 22, 1998. Amended: Filed January 10, 2007; effective February 14, 2007.)

Author: Alabama State Board of Veterinary Medical Examiners

Statutory Authority: Code of Ala. 1975, § 34-29-69.

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