1. (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:

   1. (a) The petitioner shows that he or she is substantially affected by the rule in question,
   2. (b) Sufficient facts are supplied in the request to permit the Board to make a valid determination, and
   3. (c) The request arises from an actual question or controversy.
2. (2) A petition for a declaratory ruling shall be submitted on a form provided by the Board.
3. (3) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, Section 41-22-11.

Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors

Statutory Authority: Code of Ala. 1975, §§34-11-35, 41-22-11.

Editor’s Note: Rule 330-X-1-.16 was renumbered 330-X-1-.12 as per certification filed September 23, 1998; effective October 28, 1998 and 330-X-1-.15 was repealed.

History: Filed September 22, 1982. Amended: September 9, 1983. Amended: Filed September 23, 1998; effective October 28, 1998.