1. (1) Any person may petition the Department for the adoption of a new rule or for the repeal or change of any existing rule. A petition for such action requires the submission of a departmental Petition for a Rule Change form (or facsimile), a copy of which can be found at Alabama Administrative Code r. 290-1-1-.10.2. Copies of the form may be obtained from the Department.

2. (2) Action by the Department on such a petition shall be provided by Code of Ala. 1975, §41-22-8.

   ALABAMA DEPARTMENT OF EDUCATION

   PETITION FOR A RULE CHANGE

3. 1.   This is a petition:

   [ ] To adopt a new rule

   [ ] To modify an existing rule

   [ ] To repeal an existing rule

4. 2.   This Petition is presented by (Petitioner):

   Name: ______________________________________________

   Address: ___________________________________________

   Phone:   ___________________________________________

5. 3.   The person signing the petition is:

   [ ] The true party in interest and is the Petitioner

   [ ] An officer or employee of the Petitioner

   State Title: ___________________________________

   [ ] Other (specify): _______________________________

   ________________________________________________

6. 4.   The Petitioner's representative is:

   Name: __________________________________________________

   Address: _______________________________________________

   Phone: _________________________________________________

7. 5.   If this Petition proposes to modify or repeal an existing rule, specify the rule:

   Rule No. _______________________________

   (Continued on next page)

   Petition For a Rule Change

   Page 2

8. 6.   If this Petition proposes the adoption of a new rule, specify all existing rules it would affect, and specify what chapter of the Department Administrative Code it should be a part of.

   _________________________________________________________

   _________________________________________________________

9. 7.   Attach a typed (double‑spaced ) narrative as to why the new rule, the modification, or the repeal is needed, specifying:
10. (1)  The persons or class of persons it would affect and how it would affect them.
11. (2)  The benefits and disadvantages of the proposed rule, modification, or repeal.
12. (3)  The estimated cost or cost savings to the Department.
13. (4)  Any other reasons why the rule, modification, or repeal should be accepted by the Department.
14. (5)  The legal authority for the proposed rule, modification, or change.
15. (6)  The names and addresses of any persons, organizations, and the identity of any class of persons who would be or could be adversely affected by the proposed rule, modification or repeal.
16. (7)  This is to be labeled "Exhibit A."

17. 8.   Attach as "Exhibit B" etc., any other documents, reports or studies that you want to be considered in connection with your petition.

    Date this the ____________ day of ______________, 19___.

    ___________________________________

    Signature of Petitioner

    or Representative

    Note:  The original form and five (5) copies must be submitted to:  Administrative Procedure Act Secretary, Alabama Department of Education, 50 North Ripley Street, Montgomery, Alabama 36130

    ALABAMA DEPARTMENT OF EDUCATION

    APPOINTMENT OF REPRESENTATIVE

    I appoint ______________________________________ (Name)

    ______________________________________ (Address)

    ______________________________________

    ______________________________________

    ______________________________________ (Phone)

    to act as my representative in connection with:

    [ ] Petition for a Rule Change

    [ ] Petition for a Declaratory Ruling

    I hereby authorize my representative to fully act in my stead in connection with the petition involved. This appointment shall remain in full force and effect until I notify the Department of Education in writing that my representative's authority has been withdrawn.

    Date _____________ Signature __________________________________

    (Petitioner)

    Address:  __________________________________

    __________________________________

    __________________________________

    Phone:    __________________________________

    (Continued on next page)

    ALABAMA DEPARTMENT OF EDUCATION

    ACCEPTANCE OF APPOINTMENT

    I, _____________________________, hereby accept the above appointment.  I certify that I have not been suspended or prohibited from practice before the Department of Education; that I am not, as an officer or employee of the State of Alabama, disqualified or otherwise exempted by law from acting as the petitioner's representative.

    My relationship to the petitioner is __________________________

    (attorney, legal guardian, relative, etc.)

    Date _____________ Signature __________________________________

    (Representative)

    Address:  __________________________________

    __________________________________

    __________________________________

    Phone:    __________________________________

    Note:  The original form must be submitted to:  Administrative Procedure Act Secretary, Department of Education, 50 North Ripley Street, Montgomery, Alabama 36130.

Author: Rick Meadows, General Counsel

Statutory Authority: Code of Ala. 1975, §41-22-8

History: Adopted September 9, 1993, effective October 14, 1993.