Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.10.2 - Public Petitions For Adoption, Repeal Or Change Of A Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may
			 petition the Department for the adoption of a new rule or for the repeal or
			 change of any existing rule. A petition for such action requires the submission
			 of a departmental Petition for a Rule Change form (or facsimile), a copy of
			 which can be found at Alabama Administrative Code r. 290-010-010-.10.2. Copies
			 of the form may be obtained from the Department.
(2) Action by the Department on such a
			 petition shall be provided by
Code of Ala. 1975
,
			 §
								41-22-8.
Author:
Rick Meadows, General Counsel
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-8.
ALABAMA DEPARTMENT OF EDUCATION
PETITION FOR A RULE CHANGE
1. This is a petition:
[ ] To adopt a new rule
[ ] To modify an existing rule
[ ] To repeal an existing rule
2. This Petition is presented by (Petitioner):
Name: ______________________________________________
Address:
___________________________________________
Phone: ___________________________________________
3. The person signing the petition is:
[ ] The true party in interest and is the Petitioner
[ ] An officer or employee of the Petitioner
State Title: ___________________________________
[ ] Other (specify): _______________________________
________________________________________________
4. The Petitioner's representative is:
Name:
				  __________________________________________________
Address:
				  _______________________________________________
Phone:
				  _________________________________________________
5. If this Petition proposes to modify or repeal an existing
				  rule, specify the rule:
Rule No. _______________________________
(Continued on next page)
Petition For a Rule Change
Page 2
6. If this Petition proposes the adoption of a new rule,
				  specify all existing rules it would affect, and specify what chapter of the
				  Department Administrative Code it should be a part of.
_________________________________________________________
				  _________________________________________________________
7. Attach a typed (double-spaced) narrative as to why the
				  new rule, the modification, or the repeal is needed, specifying:
(1) The persons or class of persons it would affect and how
				  it would affect them.
(2) T he benefits and disadvantages of the proposed rule,
				  modification, or repeal.
(3) The estimated cost or cost savings to the
				  Department.
(4) Any other reasons why the rule, modification, or repeal
				  should be accepted by the Department.
(5) The legal authority for the proposed rule, modification,
				  or change.
(6) The names and addresses of any persons, organizations,
				  and the identity of any class of persons who would be or could be adversely
				  affected by the proposed rule, modification or repeal.
(7) This is to be labeled "Exhibit A."
8. Attach as "Exhibit B" etc., any other documents, reports
				  or studies that you want to be considered in connection with your
				  petition.
Date this the ____________ day of ______________, 19
				  ___.
___________________________________ Signature of Petitioner
				  or Representative
Note: The original form and five (5) copies must be submitted
				  to: Administrative Procedure Act Secretary, Alabama Department of Education, 50
				  North Ripley Street, Montgomery, Alabama 36130
ALABAMA DEPARTMENT OF EDUCATION
APPOINTMENT OF REPRESENTATIVE
I appoint ______________________________________
				  (Name)
______________________________________ (Address)
______________________________________
______________________________________
______________________________________ (Phone)
to act as my representative in connection with:
[ ] Petition for a Rule Change
[ ] Petition for a Declaratory Ruling
I hereby authorize my representative to fully act in my stead
				  in connection with the petition involved. This appointment shall remain in full
				  force and effect until I notify the Department of Education in writing that my
				  representative's authority has been withdrawn.
Date _____________ Signature
				  __________________________________
(Petitioner)
Address: __________________________________
__________________________________
__________________________________
Phone: __________________________________
(Continued on next page)
ALABAMA DEPARTMENT OF EDUCATION
ACCEPTANCE OF APPOINTMENT
I, _____________________________, hereby accept the above
				  appointment. I certify that I have not been suspended or prohibited from
				  practice before the Department of Education; that I am not, as an officer or
				  employee of the State of Alabama, disqualified or otherwise exempted by law
				  from acting as the petitioner's representative.
My relationship to the petitioner is
				  __________________________
(attorney, legal guardian, relative, etc.)
Date _____________ Signature
				  __________________________________
(Representative)
Address: __________________________________
__________________________________
__________________________________
Phone: __________________________________
Note: The original form must be submitted to: Administrative
				  Procedure Act Secretary, Department of Education, 50 North Ripley Street,
				  Montgomery, Alabama 36130.