Alabama Administrative Code Chapter 305-7-8 — Peitions For Adoption, Amendment Or Repeal Of Rules

305 Alabama Department of Economic and Community Affairs (Alabama Energy and Residential Codes Board)

Ala. Admin. Code r. 305-7-8-.01 Application

This Chapter prescribes the procedures for the submission, consideration and disposition of petitions for rulemaking and is to be read in conjunction with the "Alabama Administrative Procedure Act."

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-16, 9-lOB-18, 9-lOB-30
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-8-.02 Right To Petition

Any person may petition the Commission to adopt, amend or repeal a rule by making and filing a written petition in accordance with rule 305-7-8-.03 of these Rules.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-16, 9-lOB-18
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-8-.03 Petition Content And Submission

(1) A petition to adopt, amend or repeal a rule shall contain the following information:

(a) the name, mailing address and telephone number of the person making the petition;

(b) a statement of the interest of the person making the petition;

(c) specific language proposed to be adopted, amended, or repealed;

(d) all evidence, data and information on which the person relies in support of the petition; and

(e) a statement of the persons position on the considerations described in rule 305-7-8-.04 of these Rules.

(2) A petition for rulemaking shall be filed with the Commission by delivering the same, either personally or by mail to: Secretary, Alabama Water Resources Commission, c/o Office of Water Resources, Alabama Center for Commerce,401 Adams Avenue, Suite 360, Montgomery, Alabama 36104, by the United States Postal Service as certified mail, return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered.

History

• Author: Walter B. Stevenson, Jr
• Authority: Code of Ala. 1975, §§9-lOB-16, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-8-.04 Consideration Of Petition

The Commission shall give fair consideration to any petition for rulemaking filed in accordance with rule 305-7-8-.02 of these Rules. The Commission may consider:

(1) The views of the Division Chief of the Office of Water Resources;

(2) Whether the proposed adoption, amendment, or repeal of a rule is constitutional and within the statutory authority of the Office of Water Resources and/or the Commission to adopt;

(3) Whether the proposed adoption, amendment, or repeal of a rule would promote the legislative intent and purposes of the statutes which the Office of Water resources and/or the Commission administers;

(4) Whether the petition is supported by substantive, credible and relevant evidence, data and information as would reasonably support the proposed adoption, amendment, or repeal of a rule in the absence of contradictory evidence, data or information or other relevant factors which the Commission might consider pursuant to the Act;

(5) Whether the person has had a prior opportunity to present relevant evidence, data and information on the subject matter of the petition or the person unjustifiably failed to present such evidence, data or information;

(6) Whether alternative means of obtaining the same or similar relief are presently available to the person or have been made available in the recent past;

(7) The manner in which the proposed adoption, amendment, or repeal of a rule would impact the overall regulatory scheme of the Act and whether the proposed adoption, amendment, or repeal of a rule would promote the basic underlying public policies of the Act; and

(8) Any other relevant factors, evidence, data or information.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-16, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-8-.05 Disposition Of Petition

Within sixty (60) days after submission of a petition for rulemaking the Commission shall either deny the petition on its merits and state the reasons for the denial in writing, or initiate rulemaking procedures in accordance with the "Alabama Administrative Procedure Act." However, the Commission may extend the sixty (60)day period, by not more than thirty (30) days, if the Commission's next regularly scheduled meeting is not within the sixty (60) day period. Written notification of such extension shall be provided to the petitioner by the Secretary. During such period the Commission shall either deny the petition or initiate rulemaking proceedings.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-16, 9-lOB-18, 9-lOB-30.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.