1. (i) The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of any 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 ruling shall be issued provided:

   1. (a) The petitioner shows that the petitioner 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. (ii) A request for declaratory ruling must be in writing and must be filed on the form prescribed by the Board.
3. (iii) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Section 11.

Author: David R. Boyd, Lois Woodward

Statutory Authority: Code of Ala. 1975, §§34-14A-11, 41-22-11.

History: Original Rule and Emergency Rule filed June 20, 1994; Emergency Rule effective June 20, 1994. New Rule: Filed: September 23, 1994, effective October 28, 1994.