Alabama Administrative Code Chapter 480-1-2 — Administrative Procedure

480 Alabama Department of Workforce (formerly Alabama Department of Labor)

Ala. Admin. Code r. 480-1-2-.01 Petition For Adoption, Amendment Or Repealer Of Rules

(1) Any interested person may petition the Department of Labor requesting the adoption, amendment or repeal of a rule. "Department" as referred to in these rules shall include all of the Divisions of the Department of Labor, the Board of Examiners and the Board of Appeals.

(2) A petition shall adhere to the form described below. Petitions not in substantial compliance with the prescribed form shall be returned to the petitioner for correction.

(a) The 60-day time limit described in Code of Ala. 1975, §41-22-8 shall start with the receipt of the petition, in proper form, by the Department.

(b) The petition shall be on white paper, 8 1/2" x 11" in size with no reverse side entries. The original and three legible copies shall be filed with the Department.

(c) The petition shall be delivered by personal service or First-Class Mail to the Alabama Department of Labor, ATTN: Administrative Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery, Alabama 36131.

(d) The petition shall be set out in numbered paragraphs as follows:

1. Petitioner's name:

2. The full address of the petitioner:

3. The petitioner's telephone number:

4. Action requested (adoption of the proposed rule, amendment of a rule, or repeal of a rule):

5. (In the case of a petition for adoption) A concise statement of the proposed rule in rule form:

(In the case of a petition for amendment or repeal) A statement of the rule affected:

6. A statement of the reasons for the above action:

(3) A general statement concerning rules shall not be accepted as a petition for adoption, amendment or repeal of a rule.

(4) More than one petition may be submitted at any given time, but each must conform to the above requirements. No more than one request for either the adoption, amendment or repeal of a single rule shall be contained in each petition.

(5) The Department, upon receipt of a petition, shall take the following action:

1. Receipt of petition shall be recorded;

2. Petitions not in reasonable compliance with this rule shall be promptly returned to the petitioner with modifications or additional information required to make the petition comply with this rule indicated;

3. Receipt of petition shall be acknowledged to the petitioner; and

4. The disposition of petitions for rule making shall be determined by the Department.

(6) The Department, in determining the disposition of the petition, may request written memoranda from personnel within the Department, input from interested persons outside the Department, or an oral presentation by the petitioner elaborating upon the reasons for the requested rule activity. The Department may conduct a hearing in order to receive oral presentations and evidence.

(7) Within 60 days after submission of a petition, the Department either shall deny the petition in writing on the merits, stating the reasons for the denial, or initiate rule making proceedings in accordance with Code of Ala. 1975, §41-22-5.

History

• Author: W. F. Willett, Jr.; Joseph S. Ammons
• Authority: Code of Ala. 1975, §25-2-8.
• Amended: Filed July 12, 2019; effective August 26, 2019.

Ala. Admin. Code r. 480-1-2-.02 Petition For Declaratory Ruling

(1) A Declaratory Ruling is a formal written ruling issued to members of the public by the Department with respect to the validity of a rule or with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the Department.

(a) A Declaratory ruling is binding on the Department and the person requesting it unless it is altered or set aside by a court in a proper proceeding.

(b) Such rulings are subject to review in the Circuit Court of Montgomery County, unless otherwise specifically provided by statute, in the manner provided in Code of Ala. 1975, §41-22-12 for the review of decisions in contested cases.

(c) Nothing herein shall prevent any individual from seeking informal advice on any pertinent subject from the Department.

(2) A petition for a Declaratory Ruling may be filed by any person substantially affected.

(3) A petition for a declaratory ruling shall adhere to the form described below. Petitions not in substantial compliance with the prescribed form shall be returned to the petitioner for correction.

(a) The 45 day time limit described in Code of Ala. 1975, §41-22-11(b), shall start with the receipt of the petition, in proper form, by the Department.

(b) Petition shall be on white paper, 8 1/2" x 11" in size with no reverse side entries. The original and three legible copies shall be filed with the Department.

(c) The petition shall be delivered by personal service or First Class Mail to the Alabama Department of Labor, ATTN: Administrative Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery, Alabama 36131.

PETITION FOR DECLARATORY RULING

IN RE: THE PETITION OF ___________________DOCKET NO. ____________ (state petitioner's name) (filled in by department)

FOR A DECLARATORY RULING ON _____________________________________ (state rule number, statute for which interpretation sought, etc.)

(d) The body petition shall be set out in numbered paragraphs as follows:

1. Petitioner's name:

2. Petitioner's full address:

3. All rules or statutes that may be involved in the petition, if known:

4. Clear and concise statement of the precise factual situation involved:

5. The exact question to which an answer is desired:

6. The reasons for submitting the petition:

7. Full disclosure of the petitioner's interest:

8. Statement as to whether the petitioner's case is presently under consideration by the Department or in any pending proceeding:

9. Subscription and verification by the petitioner before a notary public:

(4) Upon receipt of a petition for a declaratory ruling the Administrative Procedure Secretary shall enter the date of receipt of the petition and the docket number and notify the petitioner of receipt of petition, the date and the docket number.

(5) The Department may then:

1. Notify the petitioner that no declaratory ruling will be issued;

2. Immediately issue a declaratory ruling;

3. Forward the petition to the proper office for investigation to determine if a ruling should be issued and, if so, receive the recommended contents of such a ruling;

4. If the Department deems it necessary, a hearing officer shall be requested to schedule a hearing as promptly as possible for the submission of testimony by the petitioner and reasonable notification given to all interested persons of the time and place for such a hearing; or

5. If the Department deems it necessary, the petitioner may be requested to submit a written brief concerning the petition.

(a) If a hearing is conducted a transcript shall be given to the applicable office which will then forward its recommendations or a recommended ruling. The Department shall, upon due consideration of the evidence and recommendations and within 45 days of the request for such ruling:

1. Issue a binding declaratory ruling; or

2. Notify the petitioner that no declaratory ruling will be issued and the reasons therefor.

(b) If no hearing is conducted, the Department shall, after receiving the recommendation of the applicable office and within 45 days from the receipt of the petition:

1. Issue a binding declaratory ruling; or

2. Notify the petitioner that no ruling will be issued.

(6) All declaratory rulings shall be issued by the Department. A declaratory ruling shall have the same status as an order rendered in a contested case and shall be final for purposes of appeal and judicial review. Failure to issue a declaratory ruling within 45 days of the request of such ruling shall constitute a denial of the request and shall be subject to judicial review.

(7) A declaratory ruling shall not be issued:

1. On a petition which seeks the immediate payment or non-payment of benefits under the Alabama Unemployment Compensation Law;

2. If petitioned for by a person not a party to the contested case if the matter is involved in a contested case.

3. On matters in litigation.

History

• Author: W. F. Willett, Jr.; Joseph S. Ammons
• Authority: Code of Ala. 1975, §25-2-8.
• Amended: Filed July 12, 2019; effective August 26, 2019.

Ala. Admin. Code r. 480-1-2-.03 Methods Of Obtaining Information Or Making Submissions Or Requests

The public may obtain information or make submissions or requests pertaining to any subject not provided for elsewhere by statute or rule by contacting the Alabama Department of Labor, ATTN: Administrative Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery, Alabama 36131, Telephone (205) 956-7470.

(a) Contact may be made by telephone, in person or by First Class Mail.

1. Contact by telephone shall be made between the hours of 9:00 a.m. and 3:00 p.m. on scheduled work days.

2. Contact in person shall be made between the hours of 9:00 a.m. and 3:00 p.m. on scheduled work days, by appointment.

History

• Author: W. F. Willett, Jr.; Joseph S. Ammons
• Authority: Code of Ala. 1975, §25-2-8.
• Filed December 17, 1985. Amended: Filed July 12, 2019; effective August 26, 2019.

Ala. Admin. Code r. 480-1-2-.04 Public Access To Rules, Orders, Etc

(1) The Alabama Department of Labor Administrative Code, containing all rules adopted by the Department, and all other written statements of policy or interpretations formulated, adopted or used by the Department in the discharge of its functions, shall be available for public inspection and copying, at cost.

(2) All final orders, decisions, and opinions which are issued after October 1, 1982, except those expressly made confidential or privileged by statute or order of court, and an index thereto by name and subject, shall be available for public inspection and copying, at cost.

(3) The rules, orders, etc. referred to in section (1) and (2) of this rule shall be available for inspection and copying between the hours of 9:00 a.m. and 3:00 p.m. on scheduled work days, by appointment.

(a) An appointment may be made at a mutually agreeable time by contacting the Alabama Department of Labor, ATTN: Administrative Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery, Alabama 36131, Telephone (205) 956-7470.

(b) Inspection and copying shall be available at the Alabama Department of Labor, Room 1801, 649 Monroe Street, Montgomery, Alabama 36131.

(4) Copies of rules, orders, etc. may be obtained at the current cost in effect at the time of copying including all costs as set out under the provisions of Rule 480-1-2-.06.

(a) The cost per page shall be quoted and the total of all applicable costs shall be estimated prior to copies being made upon request.

(b) Financial arrangements shall be made in advance.

History

• Author: W. F. Willett, Jr.; Joseph S. Ammons
• Authority: Code of Ala. 1975, §25-2-8.
• Filed December 17, 1985. Amended: Filed July 12, 2019; effective August 26, 2019.

Ala. Admin. Code r. 480-1-2-.05 Advance Notice Of Rulemaking Proceedings (Repealed 8/26/19)

(REPEALED)

History

• Author: Neil Smart, Chief, Planning and Systems Analysis Division; Joseph S. Ammons, General Counsel
• Authority: Code of Ala. 1975, §§25-2-8.
• Filed September 30, 1982. Amended: Filed December 17, 1985; effective January 20, 1986. Amended: Filed March 20, 2003; effective April 24, 2003. Repealed: Filed July 12, 2019; effective August 26, 2019.

Ala. Admin. Code r. 480-1-2-.06 Copies Of Records - Release Of Information From Departmental Files

(1) Copies of departmental records and information from departmental files shall be provided to a party requesting same at cost provided that such party has a legal right to the records or information.

(2) The cost shall include all expenses related to the providing of such copies or information, including but not limited to, the cost of records identification and research, labor, expendable supplies, legal review, postage, and computer time.

(a) An estimated cost shall be quoted, upon request, prior to any action being taken.

(b) Financial arrangements, which may include a formal written agreement or contract, shall be made in advance.

(c) Failure on the part of a requestor to act according to (2)(a) and (2)(b) above, shall be interpreted as full knowledge of, and commitment to pay, all costs associated with the request.

(3) Requests for records should be mailed to the Alabama Department of Labor, Room 1801, 649 Monroe Street, Montgomery, Alabama 36131. Questions may be asked by Telephone at (334) 956-7470.

(4) Notarized releases are required, in most cases, before records or information can be released.

History

• Author: W. F. Willett, Jr.; Brent Langley; Joseph S. Ammons
• Authority: Code of Ala. 1975, §25-2-8.
• Filed December 17, 1985. Amended: Filed July 12, 2019; effective August 26, 2019.

Ala. Admin. Code r. 480-1-2-.07 Notification Of Persons Who May Be Affected By The Adoption Of An Emergency Rule

In the event that the Department finds it necessary to adopt an emergency rule under the provisions of Code of Ala. 1975, §41-22-5(b), the Department shall, prior to indexing and publication, make reasonable efforts to apprise the persons who may be affected by such emergency rule as required at Code of Ala. 1975, §41-22-6(c)(2)b.

(a) "Reasonable efforts" as used above, shall consist of the expeditious mailing of a copy of the emergency rule to those persons who have complied with the provisions of rule number 480-1-2-.05

History

• Author: W. F. Willett, Jr.
• Authority: Code of Ala._1975, §25-2-8.

Ala. Admin. Code r. 480-1-2-.08 Subscription To The Alabama Department Of Industrial Relations Administrative Code

(1) A subscription to the Alabama Department of Industrial Relations Administrative Code shall be made available to those persons making written requests beginning in November of 1983 and each November thereafter. A subscription notification mailing list shall be established for this purpose.

(a) A request to be added to the subscription notification mailing list shall be mailed to the Alabama Department of Industrial Relations, ATTN: Administrative Procedure Secretary, Room 543, Industrial Relations Building, 649 Monroe Street, Montgomery, Alabama 36130.

(b) Requests shall be in letter form and shall be set out in numbered paragraphs as follows:

1. Subject: Request to be added to the subscription notification mailing list.

2. For: The Alabama Department of Industrial Relations Administrative Code.

3. Date of Request:

4. Name of Requester:

5. Business Name or Affiliation:

6. Complete Mailing Address to Which Notice Shall be Sent:

7. Requestor's Telephone Number:

(2) In November of each year notice shall be sent to those persons appearing on the mailing list of the availability and cost of:

1. A complete copy of the Alabama Department of Industrial Relations Administrative Code as of the end of the previous fiscal year, and

2. Only those changes to the Alabama Department of Industrial Relations Administrative Code which occurred during the previous fiscal year.

(a) An order blank shall be provided.

(b) Failure to order shall result in removal from the mailing list unless a new request is received.

(3) All costs shall be determined on a cost per page basis to be established prior to the mailing of notices.

(a) Full payment shall accompany the order blank.

(b) Payment shall be made by cashier's check only.

(4) Requestors shall be responsible for notifying the Department of any change of name or mailing address.

(a) Notification shall be in letter form and set out in numbered paragraphs as follows:

1. Subject: Change of Name or Address.

2. Mailing List: The Alabama Department of Industrial Relations Administrative Code Subscription Notification list:

3. Date of Change:

4. Previous Listing: (name, business name or affiliation, complete mailing address, and telephone number):

5. New Listing: (name, business name or affiliation, complete mailing address, and telephone number):

(b) Notification shall be mailed to the address in Section (1)(a) above.

History

• Author: W. F. Willett, Jr.
• Authority: Code of Ala. 1975, §25-2-8.

Ala. Admin. Code r. 480-1-2-.09 Rules Omitted From The Alabama Department Of Industrial Relations Administrative Code

A compilation of and index to all rules omitted from the Alabama Department of Industrial Relations Administrative Code shall be published at least annually in the Alabama Administrative Monthly

History

• Author: W. F. Willett, Jr.
• Authority: Code of Ala. 1975, §25-2-8.

Ala. Admin. Code r. 480-1-2-.10 Delivery Of Notice Of Hearing In Contested Cases

(1) The notice of hearing in contested cases, not elsewhere provided for by rule or statute, shall be delivered to all parties to the proceeding at their last known address or place of business.

(a) Delivery of the notice shall be by First Class Mail and shall be effective upon the deposit of the notice in the U.S. Mail, postage prepaid.

1. The Department shall make a record of the deposit of the notice in the U.S. Mail according to established procedures in the regular course of business.

a. Such record shall constitute prima facie evidence of delivery.

(2) Posting of the notice as specified above shall constitute the commencement of the contested case proceeding.

History

• Author: W. F. Willett, Jr. and George Cocoris.
• Authority: Code of Ala. 1975, §25-2-8.

Ala. Admin. Code r. 480-1-2-.11 Transcription Of Oral Proceedings In Contested Cases

(1) The testimony taken before a hearing officer relative to a claim for unemployment compensation benefits need not be transcribed unless an appeal is applied for or taken.

(2) In the event no transcript is requested pursuant to this Rule by either party to an appeal to the Board of Appeals, the Board may render its decision on the record, the evidence submitted and the testimony elicited before the Board of Appeals.

(3) The testimony taken before a hearings officer in other contested cases shall be transcribed at the written request of any party.

(4) The expense of the transcription shall be charged to the requesting party.

(5) The written request for transcription shall be transmitted to the office from which notice of hearing was received.

(6) Charge for transcription shall be based upon an hourly rate to be determined at the time of the request.

(a) The hourly rate and an estimated cost shall be quoted before the transcription is made.

(b) The requesting party shall be required to post a deposit equal to the estimated cost but shall be liable for the full amount as determined by the hourly rate.

1. All deposits and additional payments shall be made by cash or cashier's check.

2. Any refund due the requesting party shall be by check issued by the Department and mailed to the requesting party in the regular course of business.

(7) Copies of transcripts may be obtained by parties other than the requesting party from the office from which the notice of hearing was received, at cost.

(a) Copies may be obtained at the current cost in effect at the time of copying.

(b) The cost of copying shall be determined on the basis of cost per page.

(c) The cost per page and the total cost shall be quoted prior to the copies being made.

(d) Full payment shall be tendered before copies are made.

1. Payment shall be made in cash or by cashier's check.

History

• Author: W. F. Willett, Jr.
• Authority: Code of Ala. 1975, §25-2-8.