reglab/housing_qa huggingface dataset:
AL Code § 41-22-8 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-8 - Form for Petition for Adoption, Amendment, or Repeal of Rules; Procedure Upon Submission of Petition.

Section 41-22-8Form for petition for adoption, amendment, or repeal of rules; procedure upon submission of petition. Each agency shall prescribe by rule the form for petition requesting the adoption, amendment, or repeal of a rule and the procedure for submission, consideration, and disposition thereof. Within 60 days after submission of a petition, the agency either shall deny the petition in writing on the merits, stating its reasons for the denial, or initiate rule-making proceedings in accordance with Section 41-22-5; provided, however, an agency that has its next regularly scheduled meeting beyond the 60-day period, may by written notice extend the period for not more than 30 days during which it shall deny or initiate rule-making proceedings. (Acts 1981, No. 81-855, p. 1534, §8; Acts 1986, No. 86-472, p. 880, §1; Act 2019-498, §1.)
AL Code § 41-22-9 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-9 - Adoption by Reference of Codes, Standards, and Regulations of Other Agencies of This State or the United States or of Other Approved Organizations; Form of Reference; Availability From Agency of Information as to Rules, etc., Adopted by Reference.

Section 41-22-9Adoption by reference of codes, standards, and regulations of other agencies of this state or the United States or of other approved organizations; form of reference; availability from agency of information as to rules, etc., adopted by reference. An agency may adopt, by reference in its rules and without publishing the adopted matter in full, all or any part of a code, standard or regulation which has been adopted by any other agency of this state or any agency of the United States or by a generally recognized organization or association approved by the joint committee administrative regulation review. The reference shall fully identify the adopted matter by date and otherwise. The agency shall have available copies of the adopted matter for inspection and the rules shall state where copies of the adopted matter can be obtained and any charge therefor as of the time the rule is adopted. (Acts 1981, No. 81-855, p. 1534, §9.)
AL Code § 41-22-10 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-10 - Action for Declaratory Judgment as to Validity or Applicability of Rule; Stay of Enforcement of Rule by Injunction.

Section 41-22-10Action for declaratory judgment as to validity or applicability of rule; stay of enforcement of rule by injunction. The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless otherwise specifically provided by statute, if the court finds that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. In passing on such rules the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without substantial compliance with rule-making procedures provided for in this chapter. (Acts 1981, No. 81-855, p. 1534, §10.)
AL Code § 41-22-11 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-11 - Petition for Declaratory Ruling as to Validity of Rule, as to Applicability of Any Rule or Statute Enforceable by an Agency, or as to Meaning and Scope of Agency Order; Form and Contents; Binding Effect of Agency Ruling; Effect of Failure to Issue Ruling; Judicial Review.

Section 41-22-11Petition for declaratory ruling as to validity of rule, as to applicability of any rule or statute enforceable by an agency, or as to meaning and scope of agency order; form and contents; binding effect of agency ruling; effect of failure to issue ruling; judicial review. (a) On the petition of any person substantially affected by a rule, an agency may issue a declaratory ruling with respect to the validity of the rule or with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the agency. The petition seeking an administrative determination under this section shall be in writing and shall state with particularity facts sufficient to show the person seeking relief is substantially affected by the rule. Each agency shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition, and shall prescribe in its rules the circumstances in which rulings shall or shall not be issued. (b) A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by a court in a proper proceeding. Such rulings are subject to review in the Circuit Court of Montgomery County, unless otherwise specifically provided by the statute, in the manner provided in Section 41-22-20 for the review of decisions in contested cases. Failure of the agency to issue a declaratory ruling on the merits within 45 days of the request for such ruling shall constitute a denial of the request as well as a denial of the merits of the request and shall be subject to judicial review. (Acts 1981, No. 81-855, p. 1534, §11; Acts 1986, No. 86-472, p. 880, §1.)
AL Code § 41-22-14 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-14 - Intervention in Contested Cases.

Section 41-22-14Intervention in contested cases. In contested cases, upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the case as distinguished from a public interest and the representation of the interest of the applicant is inadequate. (Acts 1981, No. 81-855, p. 1534, §14.)
AL Code § 41-22-15 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-15 - Majority Requirement for Adoption of Final Decision in Contested Cases; Use of Proposed Orders in Cases Where Any Official Is Unfamiliar With the Case; Finality of Proposed Orders.

Section 41-22-15Majority requirement for adoption of final decision in contested cases; use of proposed orders in cases where any official is unfamiliar with the case; finality of proposed orders. In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the decision of the agency to be a final decision. If any official of the agency who is to participate in the final decision has not heard the case or read the record and his vote would affect the final decision, the final decision shall not be made until a proposed order is prepared and an opportunity is afforded to each party adversely affected by the proposed order to file exceptions and present briefs and oral argument to the official not having heard the case or read the record. The proposed order shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision prepared by the person who conducted the hearing or one who read the record. The proposed order shall become the final decision of the agency without further proceedings, unless there are exceptions filed or an appeal to the agency within the time provided by rule. The parties by written stipulation may waive compliance with this section. (Acts 1981, No. 81-855, p. 1534, §15.)
AL Code § 41-22-16 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-16 - Form and Content of Final Order; When Final Order to Be Rendered; Service of Notice and Copies of Final Order.

Section 41-22-16Form and content of final order; when final order to be rendered; service of notice and copies of final order. (a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within 30 days: (1) After the hearing is concluded, if conducted by the agency; (2) After a recommended order, or findings and conclusions are submitted to the agency and mailed to all parties, if the hearing is conducted by a hearing officer; or (3) After the agency has received the written and oral material it has authorized to be submitted, if there has been no hearing. The 30 day period may be waived or extended with the consent of all parties and may be extended by law with reference to specific agencies. (b) Findings of fact, if set forth in a manner which is no more than mere tracking of the statutory language, shall be accompanied by a concise and explicit statement of the underlying facts of record which support the findings. If, in accordance with agency rules, a party submitted proposed findings of fact or filed any written application or other request in connection with the proceeding, the order shall include a ruling upon each proposed finding and a brief statement of the grounds for denying the application or request. (c) If an agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, it shall recite with particularity the facts underlying such findings in the final order, which shall be appealable or enjoinable from the date rendered. (d) Parties shall be notified either personally or by certified mail return receipt requested of any order and, unless waived, a copy of the final order shall be so delivered or mailed to each party or to his attorney of record. Provided, however, that, except as hereinafter provided, notification of any order other than a final decision or order subject to judicial review may, where permitted by existing statute, be delivered by first class mail, postage prepaid, and delivery shall be effective upon deposit of the notice and, unless waived, the final order in the mail; provided, the notification of the final order subject to judicial review, together with a copy of the final order, shall be delivered either by personal service as in civil actions or by certified mail, return receipt requested. (Acts 1981, No. 81-855, p. 1534, §16; Acts 1986, No. 86-472, p. 880, §1.)
AL Code § 41-22-17 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-17 - Filing of Application for Rehearing in Contested Cases; Form and Content; Effect of Application on Final Order; Grounds for Rehearing; Service of Application on Parties of Record; Agency Decision on Application.

Section 41-22-17Filing of application for rehearing in contested cases; form and content; effect of application on final order; grounds for rehearing; service of application on parties of record; agency decision on application. (a) Any party to a contested case who deems himself aggrieved by a final order and who desires to have the same modified or set aside may, within 15 days after entry of said order, file an application for rehearing, which shall specify in detail the grounds for the relief sought therein and authorities in support thereof. (b) The filing of such an application for rehearing shall not extend, modify, suspend or delay the effective date of the order, and said order shall take effect on the date fixed by the agency and shall continue in effect unless and until said application shall be granted or until said order shall be superseded, modified, or set aside in a manner provided by law. (c) Such application for rehearing will lie only if the final order is: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) In violation of an agency rule; (4) Made upon unlawful procedure; (5) Affected by other error of law; (6) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (7) Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. (d) Copies of such application for rehearing shall be served on all parties of record, who may file replies thereto. (e) Within 30 days from the filing of an application the agency may in its discretion enter an order:  (1) Setting a hearing on the application for a rehearing which shall be heard as soon as practicable; or (2) With reference to the application without a hearing; or (3) Granting or denying the application.  If the agency enters no order whatsoever regarding the application within the 30-day period, the application shall be deemed to have been denied as of the expiration of the 30-day period. (Acts 1981, No. 81-855, p. 1534, §17.)
AL Code § 41-22-18 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-18 - Disqualification From Participation in Proposed Order or Final Decision Based Upon Conflict of Interest or Personal Bias.

Section 41-22-18Disqualification from participation in proposed order or final decision based upon conflict of interest or personal bias. (a) No individual who participates in the making of any proposed order or final decision in a contested case shall have prosecuted or represented a party in connection with that case, the specific controversy underlying that case, or another pending factually related contested case, or pending factually related controversy that may culminate in a contested case involving the same parties. Nor shall any such individual be subject to the authority, direction or discretion of any person who has prosecuted or advocated in connection with that contested case, the specific controversy underlying that contested case, or a pending factually related contested case or controversy, involving the same parties. (b) A party to a contested case proceeding may file a timely and sufficient affidavit asserting disqualification according to the provisions of subsection (a) or asserting personal bias of an individual participating in the making of any proposed order or final decision in that case. The agency shall determine the matter as part of the record in the case. When an agency in these circumstances makes such a determination with respect to an agency member, that determination shall be subject to de novo judicial review in any subsequent review proceeding of the case. (Acts 1981, No. 81-855, p. 1534, §18.)
AL Code § 41-22-19 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-19 - Grant, Denial, Renewal, etc., of Licenses.

Section 41-22-19Grant, denial, renewal, etc., of licenses. (a) The provisions of this chapter concerning contested cases shall apply to the grant, denial, revocation, suspension, or renewal of a license. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court. (c) No revocation, suspension, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. (d) If the agency finds that danger to the public health, safety, or welfare requires emergency suspension of a license and states in writing its reasons for that finding, it may proceed without hearing or upon any abbreviated hearing that it finds practicable to suspend the license. The suspension shall become effective immediately, unless otherwise stated therein. The suspension may be effective for a period of not longer than 120 days and shall not be renewable. An agency shall not suspend the same license for the same or a substantially similar emergency within one calendar year from its first suspension unless the agency clearly establishes that 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. When such summary suspension is ordered, a formal suspension or revocation proceeding under subsection (c) of this section shall also be promptly instituted and acted upon. (Acts 1981, No. 81-855, p. 1534, §19.)
AL Code § 41-22-21 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-21 - Appeal of Final Judgment of Circuit Court Under Section 41-22-20.

Section 41-22-21Appeal of final judgment of circuit court under Section 41-22-20. An aggrieved party may obtain a review of any final judgment of the circuit court under Section 41-22-20 by appeal to the appropriate court to which the appeal or review lies. The appeal shall be taken within 42 days of the date of the entry of the judgment or order appealed from as in other civil cases, although the appeal may be taken regardless of the amount involved. (Acts 1981, No. 81-855, p. 1534, §21; Acts 1986, No. 86-472, p. 880, §1.)
AL Code § 41-22-22 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-22 - Joint Committee on Administrative Regulation Review.

Section 41-22-22Joint Committee on Administrative Regulation Review. The committee shall review all agency rules prior to their adoption. The committee shall have full access to all resources of the legislative department and all agencies thereof when conducting its review. For purposes of conducting business, six members of the committee, to include a minimum of three members of the House of Representatives and three members of the Senate, shall constitute a quorum. (Acts 1981, No. 81-855, p. 1534, §22; Acts 1993, No. 93-627, p. 1051, §1; Act 2001-306, p. 376, §1; Act 2001-309, p. 385, §1; Act 2015-291, p. 896, §1; Act 2019-498, §1.)
AL Code § 41-22-24 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-24 - Reconsideration of Disapproved Rules by the Legislature.

Section 41-22-24Reconsideration of disapproved rules by the Legislature. Repealed by Act 2015-291, §3, effective October 1, 2015.  (Acts 1981, No. 81-855, p. 1534, §24; Acts 1986, No. 86-472, p. 880, §1.)
AL Code § 41-22-25 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-25 - Construction and Applicability of Chapter.

Section 41-22-25Construction and applicability of chapter. (a) This chapter shall be construed broadly to effectuate its purposes. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on the date of the passage of this chapter or thereafter enacted. If any other statute in existence on the date of the passage of this chapter or thereafter enacted diminishes any right conferred upon a person by this chapter or diminishes any requirement imposed upon an agency by this chapter, this chapter shall take precedence unless the other statute expressly provides that it shall take precedence over all or some specified portion of this named chapter. (b) Except as to proceedings in process on October 1, 1982, this chapter shall be construed to apply to all covered agency proceedings and all agency action not expressly exempted by this chapter or by another statute specifically referring to this chapter by name. (Acts 1981, No. 81-855, p. 1534, §25; Acts 1986, No. 86-472, p. 880, §1.)
AL Code § 41-22-26 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-26 - Repeal of Inconsistent Laws.

Section 41-22-26Repeal of inconsistent laws. It is the express intent of the Legislature to replace all provisions in statutes of this state relating to rule-making, agency orders, administrative adjudication, or judicial review thereof that are inconsistent with the provisions of this chapter. Therefore, all laws or parts of laws that conflict with this chapter are hereby repealed on October 1, 1982; provided, however, nothing contained in this section shall be construed to repeal or modify Sections 22-22-1, 22-22-4, 22-22-8 through 22-22-10, 22-22-12 and 22-22-14, authorizing the Water Improvement Commission as the state Water Pollution Control Agency to issue one stop permits for the state for all purposes of the federal Water Pollution Control Act, as amended. (Acts 1981, No. 81-855, p. 1534, §26.)
AL Code § 41-24-1 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 24 - Alabama Community Service Grant Program.|Section 41-24-1 - Definitions.

Section 41-24-1Definitions. The following words and phrases, whenever used in this chapter, shall have the respective meanings unless the context clearly indicates otherwise: (1) ACT. The Alabama Community Service Grant Program Act of 1989. (2) GRANT. The award by a state grant-making agency of funds appropriated by the Legislature or from funds received as gifts or donations to a qualifying grant-recipient agency for expenditure according to the provisions of a grant proposal. (3) GRANT-MAKING AGENCY. A state agency of the State of Alabama, designated by the Legislature through an Alabama Community Service Grant Program appropriation, having authority to approve grant proposals, direct and coordinate the expenditure of grant funds. (4) GRANT PROPOSAL. A written plan for the expenditure of grant funds by a grant-recipient agency, which meets one or more of the purposes delineated in Section 41-24-3, subject to approval by and to be expended under the direction of the head of the grant-making agency. (5) GRANT RECIPIENT AGENCY. A local community agency, organization, institution or project within the State of Alabama whose grant proposal has been approved by a grant-making agency. (Acts 1989, No. 89-354, p. 700, §1.)
AL Code § 41-24-2 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 24 - Alabama Community Service Grant Program.|Section 41-24-2 - Purpose.

Section 41-24-2Purpose. The purpose of this chapter is to create the Alabama Community Service Grant Program to advance the program objectives of participating state departments and agencies by the awarding of grants to qualified community agencies, institutions, organizations and projects within the State of Alabama. The Legislature recognizes that the program objectives of the several departments and agencies of the State of Alabama can be advanced and, in some cases, advanced in a more economical manner by awarding grants to qualified grant recipient agencies, when the expenditure of such grant funds are made under the approval, direction and in coordination with the grant-making agency. The Legislature may from time to time appropriate state funds to grant-making agencies in accordance with the provisions of this chapter under the title, "Alabama Community Service Grant Program"; said funds shall be awarded to grant recipient agencies in denominations approved by and the expenditure of same shall be under the control of the heads of grant-making agencies. (Acts 1989, No. 89-354, p. 700, §2.)