Ala. Admin. Code r. 335-1-4-.04 Petition Form and Contents
Library | Alabama Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 42, No. 3, December 29, 2023 |
Year | 2023 |
Citation | Ala. Admin. Code r. 335-1-4-.04 |
(1) A petition requesting a declaratory ruling shall be in writing and shall contain the following information:
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(a) the name, address and telephone number of
the person making the petition;
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(b)
a statement identifying the rule, statute or order, and provision thereof, on
which the declaratory ruling is sought;
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(c) a statement of the exact question
presented to the Department for ruling;
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(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;
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(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;
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(f) a statement of the
reasons for submitting the petition, including a full disclosure of the
petitioner's interest in obtaining the declaratory ruling;
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(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;
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(h) a statement certifying that the
preliminary written inquiry of previously issued declaratory rulings has been
made of the Department as required by Rule
and
providing the details of any reply to his preliminary inquiry including a copy
of any written response received; and 335-1-4-.03
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(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.
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