Ala. Admin. Code r. 335-1-4-.04 - Petition Form And Contents

(1) A petition requesting a declaratory ruling shall be in writing and shall contain the following information:

(a) the name, address and telephone number of the person making the petition;

(b) a statement identifying the rule, statute or order, and provision thereof, on which the declaratory ruling is sought;

(c) a statement of the exact question presented to the Department for ruling;

(d) a statement of the particular facts sufficient to show that the petitioner is substantially affected by the rule, statute or order on which the declaratory ruling is sought, and sufficient to answer the question presented to the Department for ruling;

(e) a statement identifying all other rules, statutes, orders or statements from officials of the Department, whether formal or informal, which are relevant to the question presented by the petition;

(f) a statement of the reasons for submitting the petition, including a full disclosure of the petitioner's interest in obtaining the declaratory ruling;

(g) a statement as to whether the question presented by the petitioner is presently pending before or under consideration by the Department or any other adjudicative body;

(h) a statement certifying that the preliminary written inquiry of previously issued declaratory rulings has been made of the Department as required by Rule 335-1-4-.03 and providing the details of any reply to his preliminary inquiry including a copy of any written response received; and

(i) subscription and verification of the petition before a notary.

(2) A petition for a declaratory ruling shall be filed with the Department by delivering the same, either personally or by United States Mail as certified mail, return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered to:

Director

Alabama Department of Environmental Management

1400 Coliseum Boulevard

Montgomery, Alabama 36110

(3) A petition for declaratory ruling may be accompanied by a memorandum which urges the Department to issue a declaratory ruling of specified content. Such memorandum should contain the arguments therefor and any relevant authorities in support thereof.

Authors: David A. Ludder, Ronald W. Farley, Russell Kelly

Notes

Ala. Admin. Code r. 335-1-4-.04

Effective March 6, 1987. Amended: Filed December 6, 2001; effective January 9, 2002.

Statutory Authority: Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-8, 41-22-11.