Ala. Admin. Code r. 335-1-4-.05 - Disposition Of Petition

(1) After determining whether any circumstances exist which preclude the issuance of a declaratory ruling under Rule 335-1-4-.06, the Department shall, not later than 45 days after receipt of the petition, either:

(a) issue a declaratory ruling;

(b) deny the request for a declaratory ruling; or

(c) fail to respond to the petition in which case the Department's failure to respond shall be deemed to be a denial of the request for a ruling as well as a denial of the merits of the request.

(2) All declaratory rulings and written denials of requests for declaratory rulings issued by the Department shall contain an explanation of the relevant facts and conclusions which served as the basis for the ruling or the denial.

Authors: David A. Ludder, Ronald W. Farley

Notes

Ala. Admin. Code r. 335-1-4-.05

Effective March 6, 1987. Amended:

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