Alabama Administrative Code Chapter 330-X-18 — Amendment of Rules

330 Alabama State Board of Registration for Professional Engineers and Land Surveyors

Ala. Admin. Code r. 330-X-18-.01 Petition For Adoption Of Rules

(1) Any person who wishes to propose that the Board adopt, repeal or amend any rule may file a petition for adoption of rules on a form as provided by the Board.

(2) The Board shall meet and consider any petition for adoption, repeal or amendment within ninety days of its submission.

History

• Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors.
• Authority: Code of Ala. 1975, §§34-11-35, 41-22-8.
• Filed September 22, 1982. Amended: September 9, 1983. Amended: Filed September 23, 1998; effective October 28, 1998.

Ala. Admin. Code r. 330-X-18-.02 Notice

The Board shall give at least 35 days' notice of any proposed action on any rule by publication in the Alabama Administrative Monthly in compliance with the Alabama Administrative Procedure Act, Code of Ala. 1975, Section 41-22-5(a(1).

History

• Author: Rick Huett (Executive Director), Bonnie Kelly and Griffin Pritchard, Alabama State Board of Registration for Professional Engineers and Land Surveyors
• Authority: Code of Ala. 1975, §§34-11-12, 41-22-5.
• Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998. Amended: Filed November 16, 2018; effective December 31, 2018.

Ala. Admin. Code r. 330-X-18-.03 Public Comments

The Board shall permit all interested persons reasonable opportunity to submit data, views or arguments concerning any proposed rule action. Data, views or arguments submitted in writing must be received by the Executive Director before the date specified in the notice. Upon written request, a public hearing will be held.

History

• Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors
• Authority: Code of Ala. 1975, §§34-11-35, 41-22-5.
• Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998.

Ala. Admin. Code r. 330-X-18-.04 Board Decision

The Board shall consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, if conflicting views are submitted on the proposed rule, the Board shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling any considerations urged against its adoption.

History

• Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors
• Authority: Code of Ala. 1975, §§34-11-35, 41-22-5.
• Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998.

Ala. Admin. Code r. 330-X-18-.05 Emergency Rules

In the event the Board finds that an immediate danger to the public health, life, safety, welfare or property requires adoption of a rule upon fewer than 35 days' notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a rule upon fewer than 35 days' notice, the Board may adopt an emergency rule under the provisions of the Administrative Procedure Act, Code of Ala. 1975, Section 41-22-5(b).

History

• Author: Rick Huett (Executive Director), Bonnie Kelly and Griffin Pritchard, Alabama State Board of Registration for Professional Engineers and Land Surveyors
• Authority: Code of Ala. 1975, §§34-11-35, 41-22-5.
• Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998. Amended: Filed November 16, 2018; effective December 31, 2018.

Ala. Admin. Code r. 330-X-18-.06 Compliance With Administrative Procedure Act

All rules adopted by the Board shall otherwise substantively and procedurally comply with the provisions of the Alabama Administrative Procedure Act, Code of Ala. 1975, Chapter 22, Title 41.

History

• Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors
• Authority: Code of Ala. 1975, §34-11-35.
• Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998.