AL Code § 41-22-23 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-23 - Submission and Review of Proposed Rules; Fiscal Note Required for Rules With Economic Impact.

Section 41-22-23Submission and review of proposed rules; fiscal note required for rules with economic impact. (a) The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, in addition to the persons named in the notice, to each member of the committee and such other persons in the legislative department as the committee requires. The form of the proposed rule presented to the committee shall be as follows: New language shall be underlined and language to be deleted shall be typed and lined through. (b)(1) Within the 45-day period between the date of publication in the Alabama Administrative Monthly that a rule has been certified and the date it becomes effective, and subject to subsection (h) of Section 41-22-5.1, the committee shall study all proposed rules and may hold public hearings. The committee may adopt a policy providing when a public hearing will be held on a rule meeting specified criteria. In the event the committee fails to give notice to the agency of either its approval or disapproval of the proposed rule within 45 days after the notice is published in the Alabama Administrative Monthly that the rule has been certified and filed with the Legislative Services Agency, Legal Division, pursuant to Section 41-22-6, the committee shall be deemed to have approved the proposed rule for the purposes of this section.  (2) In the event the committee disapproves a proposed rule or any part thereof, it shall give notice of the disapproval to the agency. The disapproval of any rule may be appealed to the Lieutenant Governor in writing by the agency that submitted the rule within 15 days of disapproval. The Office of the Lieutenant Governor shall stamp the written appeal to denote the date the appeal was received. If the disapproval of a rule is appealed to the Lieutenant Governor, the Lieutenant Governor, within the 15 days after the notice of appeal of the disapproval of the rule is filed, may review the rule and hold public hearings he or she determines necessary. (3) If the Lieutenant Governor sustains the disapproval of the rule, he or she shall notify the committee and return the rule to the agency and the disapproval shall be final. (4) If the Lieutenant Governor approves the rule, he or she shall notify the chair of the committee. The rule shall become effective upon adjournment of the next regular session of the Legislature that commences after the approval unless, prior to that time, the Legislature adopts a joint resolution that overrules the approval by the Lieutenant Governor and sustains the action of the committee. (5) If the Lieutenant Governor fails to either approve or disapprove the rule within the 15 days after the notice of appeal of the disapproval of the committee, the rule shall be deemed approved and the rule shall become effective upon adjournment of the next regular session of the Legislature that commences after the deemed approval unless, prior to that time, the Legislature adopts a joint resolution that overrides the deemed approval of the Lieutenant Governor and sustains the action of the committee. In the event the Office of the Lieutenant Governor is vacant, a rule disapproved by the committee shall be suspended until the adjournment of the next regular session of the Legislature following the disapproval. The rule shall be reinstated on adjournment of that regular session unless the Legislature, by joint resolution, sustains the disapproval. (c) The committee may propose an amendment to any proposed rule and return it to the agency with the suggested amendment. In the event the agency accepts the rule as amended, the agency may resubmit the rule as amended to the committee and the rule shall become effective on the date specified in the rule, or on the date the amended rule is submitted, whichever is later. In the event the agency does not accept the amendment, the proposed amended rule shall be deemed disapproved, as provided in subsection (b). (d) An agency may withdraw a proposed or certified rule. An agency may resubmit a rule so withdrawn or returned under this section with minor modification. Such a rule is a new filing and subject to this section but is not subject to further notice as provided in subsection (a) of Section 41-22-5. (e) The committee is authorized to review and approve or disapprove any rule adopted prior to October 1, 1982. (f) A rule submitted to the committee which has an economic impact shall be accompanied by a fiscal note prepared by the agency in accordance with this subsection. Upon receiving the fiscal note, the committee may require additional information from the submitting agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the committee. At a minimum, the fiscal note submitted with a proposed rule shall include the following: (1) A determination of the need for the rule and the expected benefit of the rule. (2) A determination of the costs and benefits associated with the rule and an explanation of why the rule is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose. (3) The effect of the rule on competition. (4) The effect of the rule on the cost of living and doing business in the geographical area in which the rule would be implemented. (5) The effect of the rule on employment in the geographical area in which the rule would be implemented. (6) The source of revenue to be used for implementing and enforcing the rule. (7) A conclusion on the short-term and long-term economic impact upon all persons substantially affected by the rule, including an analysis containing a description of which persons will bear the costs of the rule and which persons will benefit directly and indirectly from the rule. (8) The uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the rule shall consider qualitative and quantitative benefits and burdens. (9) The effect of the rule on the environment and public health. (10) The detrimental effect on the environment and public health if the rule is not implemented. (g) In determining whether to approve or disapprove proposed rules, the committee shall consider the following criteria: (1) Is there a statutory authority for the proposed rule? (2) Would the absence of the rule or rules significantly harm or endanger the public health, safety, or welfare? (3) Is there a reasonable relationship between the state's police power and the protection of the public health, safety, or welfare? (4) Is there another, less restrictive method of regulation available that could adequately protect the public? (5) Does the rule or do the rules have the effect of directly or indirectly increasing the costs of any goods or services involved and, if so, to what degree? (6) Is the increase in cost, if any, more harmful to the public than the harm that might result from the absence of the rule or rules? (7) Are all facets of the rulemaking process designed solely for the purpose of, and so they have, as their primary effect, the protection of the public? (8) Any other criteria the committee may deem appropriate. (Acts 1981, No. 81-855, p. 1534, §23; Acts 1986, No. 86-472, p. 880, §1; Acts 1993, No. 93-627, p. 1051, §1; Act 2001-306, p. 376, §1; Act 2001-309, p. 385, §1; Act 2014-457, p. 1757, §1; Act 2015-291, p. 898, §2; Act 2015-527, 1st Sp. Sess., §1; Act 2019-498, §1.)