Alabama Administrative Code Chapter 364-X-19 — Rule Making Procedures

364 Alabama Board of Licensure for Professional Geologists

Ala. Admin. Code r. 364-X-19-.01 General Purpose

The rules of this section shall govern rule making procedures conducted under the review of the Board.

History

• Author: Thornton L. Neathery
• Authority: Code of Ala. 1975, §34-41-5.
• New Rule: Filed May 10, 1996; effective June 14, 1996.

Ala. Admin. Code r. 364-X-19-.02 Copies Of Regulations: Inspection

(1) Anyone desiring to obtain a copy of the rules of the Board may do so by requesting such from the Board. The Board may charge reasonable fees to recover mailing and duplication costs.

(2) The rules of the Board and other documents specified in Alabama Procedures Act are available for public inspection at the office of the Executive Secretary of the Board, Montgomery, Alabama, during regular office hours.

History

• Author: Thornton L. Neathery
• Authority: Code of Ala. 1975, §34-41-5.
• New Rule: Filed May 10, 1996; effective June 14, 1996.

Ala. Admin. Code r. 364-X-19-.03 Petition For Rule Making Procedures

Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Board shall forward the written petition to the Board. The first page of the petition should clearly bear the notation: RE: RULE MAKING PETITION and then the subject area.

History

• Author: Thornton L. Neathery
• Authority: Code of Ala. 1975, §34-41-5.
• New Rule: Filed May 10, 1996; effective June 14, 1996.

Ala. Admin. Code r. 364-X-19-.04 Disposition Of Petitions

(l) The Board will decide whether the petition contains sufficient information for the Board to determine whether the public interest will be served by granting the request. The Board may request additional information from the petitioner(s), may contact an interested person or persons likely to be affected by the proposed rule and request comments, and may use any other appropriate methods for obtaining additional information.

History

• Author: Thornton L. Neathery
• Authority: Code of Ala. 1975, §34-41-5.
• New Rule: Filed May 10, 1996; effective June 14, 1996. Amended: Filed March 5, 2002; effective April 9, 2002.

Ala. Admin. Code r. 364-X-19-.05 Written Submission

(1) Any person may file a written submission containing data, comments, or arguments after distribution or publication of a rule making notice until five (5) days of the hearing, less a longer or shorter time period has been prescribed in the notice or granted upon quest. These written comments should be sent to the Board.

(2) The first page of any written submission shall clearly identify the rule making proceeding or proposed rule to which the comments are addressed and include a statement of the position of the person making the submission (for example, "In support adopting proposed Rule .00000" or "In opposition to adopting proposed Rule .00000").

(3) Upon receipt of written comments, acknowledgment will be made with an assurance that the comments therein will be considered fully by the Board.

History

• Author: Thornton L. Neathery
• Authority: Code of Ala. 1975, §34-41-5.
• New Rule: Filed May 10, 1996; effective June 14, 1996.

Ala. Admin. Code r. 364-X-19-.06 Statement Of Reasons For Decision

(1) Any interested person desiring a concise statement of the principal reasons for and against adoption of a rule by the Board and the factors that led to overruling the considerations urged for or against its adoption may submit a request to the Board.

(2) The request must be made in writing and submitted prior to adoption of the rule or within 30 days thereafter.

History

• Author: Thornton L. Neathery
• Authority: Code of Ala. 1975, §34-41-5.
• New Rule: Filed May 10, 1996; effective June 14, 1996.

Ala. Admin. Code r. 364-X-19-.07 Record Proceedings

A record of all rule making proceedings will be maintained by the Board for as long as the rule is in effect, and for five (5) years thereafter, following filing with the Administrative Procedures Section of the Office of the Attorney General and the Legislative Services Commission. This record will contain the original petition, the notice, all written memoranda and presentations, if any. Records of rule making proceedings will be available for public inspection at the office of the Board during the regular working hours.

History

• Author: Thornton L. Neathery
• Authority: Code of Ala. 1975, §34-41-5.
• New Rule: Filed May 10, 1996; effective June 14, 1996.