Ala. Admin. Code r. 335-1-4-.06 - Circumstances In Which Declaratory Rulings Will Not Be Issued

Circumstances in which declaratory rulings will not be issued include, but are not necessarily limited to:

(a) lack of jurisdiction;

(b) lack of clarity concerning the question presented;

(c) the existence of pending or imminent litigation or administrative action or adjudication which may either answer the question presented by the petition or otherwise make an answer unnecessary;

(d) the petition presents a hypothetical question or otherwise presents an issue not of immediate concern to or having impact on the petitioner;

(e) the statute, rule, or order on which a declaratory ruling is sought is clear and not in need of interpretation to answer the question presented by the petition;

(f) the facts presented in the petition are not sufficient to answer the question presented;

(g) the petition fails to contain any of the information required by Rule 335-1-4-.04;

(h) the petitioner is not substantially affected by the rule, statute or order on which a declaratory ruling is sought;

(i) the petitioner is not faced with existing facts or those certain to arise which raise a question concerning the rights, status, or other legal relations between the petitioner and the Department;

(j) no controversy exists concerning the petitioner and regarding the validity of any rule, the applicability of any rule or statute enforceable by the Department or the meaning and scope of any order issued by the Department;

(k) the question presented by the petition concerns the validity of a statute;

(l) the petitioner has not suffered an injury or threatened injury fairly traceable to the validity of any rule, the application of any rule or statute enforceable by the Department or the meaning or scope of any order issued by the Department; or

(m) the injury suffered by or threatened to the petitioner cannot be remedied by a declaratory ruling or other relief following therefrom.

Authors: David A. Ludder, Ronald W. Farley

Notes

Ala. Admin. Code r. 335-1-4-.06

Effective March 6, 1987. Amended:

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