- (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, subject to the following:
- (a) the petition is submitted within a filing window beginning thirty (30) days before the next scheduled Board meeting and ending fifteen (15) days prior to such meeting;
- (b) the petition is accompanied by an administrative fee of $25.00;
- (c) the petitioner shows he or she is substantially affected by the rule in question;
- (d) sufficient facts are supplied in the request to permit the Board to make a valid determination; and
- (e) the request arises from a question or controversy that is not subject to a pending disciplinary case.
- (2) the petition shall be published on the Board's website. The Board will consider the petition and issue a ruling in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, §41-22-11, as amended.
Author: Victor K. Biebighauser
Statutory Authority: Code of Alabama, 1975, §34-8B-7.
History: New Rule: Published February 28, 2025; effective April 14, 2025.