SB 5

Sponsor
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.
Description

Under existing law, the Alabama Administrative Procedure Act (AAPA) requires an agency to publish in the Alabama Administrative Monthly a notice of intended action prior to the adoption, amendment, or repeal of a rule

This bill would require the notice of intended action on a proposed rule to contain a statement whether the proposed rule relates to or affects in any manner any litigation which the agency is a party to concerning the subject matter of the proposed rule

Relating to the Alabama Administrative Procedure Act; to amend Section 41-22-5 of the Code of Alabama 1975, to require the notice of intended action published prior to the adoption, amendment, or repeal of a rule to contain a statement whether the proposed rule relates to or affects any litigation to which the agency is a party.

Subjects
Administrative Procedure
View Original PDF: SB 5 - Enrolled - PDF

Relating to the Alabama Administrative Procedure Act; to amend Section 41-22-5 of the Code of Alabama 1975, to require the notice of intended action published prior to the adoption, amendment, or repeal of a rule to contain a statement whether the proposed rule relates to or affects any litigation to which the agency is a party

Section 1

Section 41-22-5 of the Code of Alabama 1975, is amended to read as follows: "§41-22-5. "(a) Prior to the adoption, amendment, or repeal of any rule, the agency shall: "(1) Give at least 35 days' notice of its intended action. Date of publication in the Alabama Administrative Monthly shall constitute the date of notice. In addition to the other requirements of this chapter, the notice shall state whether the proposed adoption, amendment, or repeal of the rule relates to or affects in any manner any litigation which the agency is a party to concerning the subject matter of the proposed rule. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, shall specify a notice period ending not less than 35 days or more than 90 days from the date of the notice, during which period interested persons may present their views thereon, and shall specify the place where, and the manner in which interested persons may present their views thereon. The notice shall be given to the chairman of the legislative committee, as provided in Section 41-22-23, and mailed to all persons who pay the cost of such mailing and who have made timely request of the agency for advance notice of its rulemaking proceedings and shall be published, prior to any action thereon, in the Alabama Administrative Monthly. A complete copy of the proposed rule shall be filed with the secretary of the agency and the Legislative Reference Service. "(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if conflicting views are submitted on the proposed rule, 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. "(b) Notwithstanding any other provision of this chapter to the contrary, if an agency finds that an immediate danger to the public health, safety, or welfare 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 and states in writing its reasons for that finding to the committee, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule shall become effective immediately, unless otherwise stated therein, upon the filing of the rule and a copy of the written statement of the reasons therefor with the Legislative Reference Service and the secretary of the agency. The rule may be effective for a period of not longer than 120 days and shall not be renewable. An agency shall not adopt the same or a substantially similar emergency rule within one calendar year from its first adoption unless the agency clearly establishes it could not reasonably be foreseen during the initial 120-day period that such emergency would continue or would likely reoccur during the next nine months. The adoption of the same or a substantially similar rule by normal rule-making procedures is not precluded. In any subsequent action contesting the effective date of a rule adopted pursuant to this subsection, the burden of proof shall be on the agency to justify its finding. Prior to indexing and publication, the agency shall make reasonable efforts to apprise the persons who may be affected by its rules of the adoption of the emergency rule. An emergency rule shall be strictly construed and shall not be valid except to the extent necessary to prevent, mitigate, or resolve immediate danger to the public health, safety, or welfare. "(c) It is the intent of this section to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative rules. Except for emergency rules which are provided for in subsection (b) of this section, the provisions of this section are applicable to the exercise of any rulemaking authority conferred by any statute, but nothing in this section repeals or diminishes additional requirements imposed by law or diminishes or repeals any summary power granted by law to the state or any agency thereof. "(d) No rule adopted after October 1, 1982, is valid unless adopted in substantial compliance with this section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this section must be commenced within two years from the effective date of the rule; provided, however, that a proceeding to contest a rule based on failure to provide notice as herein required may be commenced at any time."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. President and Presiding Officer of the Senate Speaker of the House of Representa- tives Senate 23-JAN-18 I hereby certify that the within Act originated in and passed the Senate. Patrick Harris, Secretary. House of Representatives Passed: 20-FEB-18 By: Senator Sanford

No articles found.
Action Date Chamber Action
February 20, 2018SAssigned Act No. 2018-139.
February 20, 2018HSignature Requested
February 20, 2018SEnrolled
February 20, 2018SPassed Second House
February 20, 2018HMotion to Read a Third Time and Pass adopted Roll Call 389
February 20, 2018HThird Reading Passed
February 8, 2018HRead for the second time and placed on the calendar
January 23, 2018HRead for the first time and referred to the House of Representatives committee on State Government
January 23, 2018SMotion to Read a Third Time and Pass adopted Roll Call 83
January 23, 2018SThird Reading Passed
January 16, 2018SRead for the second time and placed on the calendar
January 9, 2018SRead for the first time and referred to the Senate committee on Governmental Affairs
2018-02-01
Chamber: House
Result: Passed
2018-02-01
Chamber: House
Result: Passed
2018-02-20
Chamber: House
Result: Passed
2018-01-23
Chamber: Senate
Result: Passed