SB5 Alabama 2018 Session

Updated Feb 26, 2026

Low Interest

Summary

Primary Sponsor: Paul Sanford
Republican
Session: Regular Session 2018
Title: Administrative Procedure Act, rules, notice of intended action, required to contain information about litigation, Sec. 41-22-5 am'd.
Summary: SB5 requires rulemaking notices to say whether the proposed rule relates to or affects any litigation involving the agency.
What This Bill Does
If passed, agencies must publish at least 35 days’ notice before adopting, amending, or repealing a rule and include whether the action relates to any litigation the agency is a party to. Notices must describe the rule’s terms or substance, cover the subjects and issues, and allow a public comment period of 35 to 90 days with a process for submitting data or arguments. Notices must be published in the Alabama Administrative Monthly, sent to the legislative committee chair, mailed to people who request advance notice, and filed with the agency secretary and the Legislative Reference Service. The bill also allows emergency rules with shorter notice if there is an immediate danger or a federal requirement, but with written reasons, and these rules can last up to 120 days and may not be renewed; challenges to rules follow specific time limits, but notice-related challenges can be raised at any time.

Who It Affects
State agencies that issue rules: must include in notices whether a proposed rule relates to litigation involving the agency and follow extended notice and publication procedures.
Members of the public and stakeholders: gain clearer notice and a defined window to participate in rulemaking.
Legislative bodies and record-keeping entities: the chairman of the legislative committee and the Legislative Reference Service receive notices and copies for filing and publication.
Parties to litigation with the agency: may be affected by whether a rule relates to ongoing litigation and will have notice about such relevance.

Key Provisions
Requires notice of intended action before adoption, amendment, or repeal of any rule to state whether the rule relates to or affects any litigation in which the agency is a party.
Notice must provide at least 35 days’ notice (publication in the Alabama Administrative Monthly counts) and include a description of the terms or substance or subjects and issues, with a 35 to 90 day comment period and avenues for submitting views.
Notice must be given to the chairman of the legislative committee, mailed to those who request advance notice, published in the Alabama Administrative Monthly, and a complete copy filed with the secretary of the agency and the Legislative Reference Service.
Emergency rulemaking is allowed with fewer than 35 days’ notice only if there is an immediate danger or a federal requirement, with written reasons, and such rules become immediately effective for up to 120 days and may not be renewed; burden of proof in challenges rests with the agency.
Procedural rules apply but do not repeal other legal requirements; rules adopted after Oct 1, 1982 must be in substantial compliance; challenges to noncompliance generally must be filed within two years (notice-related challenges may be raised at any time).
Effective date: the act becomes law on the first day of the third month after it is approved by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Administrative Procedure