Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-4 - PETITIONS FOR DECLARATORY RULINGS › Section 420-1-4-.03 - Form Of Petitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Identification of Petition. Each petition must contain language reasonably
			 calculated to alert the Board that the petitioner is requesting a declaratory
			 ruling pursuant to these rules and
Code of Ala. 1975
,
			 §
								41-22-11. A petition which is
			 properly addressed to the General Counsel and which has as a title the words,
			 "PETITION FOR DECLARATORY RULING UNDER THE ALABAMA ADMINISTRATIVE PROCEDURE
			 ACT," in legible type or handwriting, shall be deemed to conform to this
			 requirement.
(2) Written Petitions
			 Required. Each petition must be printed or typewritten, or must be in legible
			 handwriting. Petitions may be in the form of a letter addressed to the General
			 Counsel or in the form of a pleading as might be addressed to a
			 court.
(3) Size of Paper. Each
			 petition must be submitted on standard business letter-size paper (8-1/2 inches
			 by 11 inches).
(4) Return Address.
			 Each petition must be submitted on business letterhead containing a street
			 address or post office box or must include a return address for the petitioner.
			 The return address must be suitable for delivery of certified mail.
(5) Facts Showing Entitlement. Each petition
			 must state with particularity facts sufficient to show that the petitioner is
			 substantially affected by the rule or statute in question.
(6) Issue Presented and Relief Requested.
			 Each petition must concisely state the issue or issues presented for
			 declaratory ruling. For each issue thus presented, the petition must briefly
			 set forth the terms of a proposed ruling by the Board.
(7) Where to Send Petitions. All petitions
			 must be mailed to the Office of General Counsel, Alabama Department of Public
			 Health, P. O. Box 303017 Montgomery, Alabama, 36130-3017, or hand-delivered to
			 the same at the RSA Tower, 201 Monroe Street, Suite 1540, Montgomery, Alabama
			 36104. It is the responsibility of the General Counsel to maintain a file of
			 all petitions received and to oversee preparation of responses
			 thereto.
(8) Authority to Submit
			 Petition.
(a) If the petitioner is a natural
			 person, the petition must be signed by that petitioner, by his or her
			 authorized legal counsel, by his or her legal guardian, or, if the petitioner
			 is a minor, by his or her custodial parent or guardian.
(b) If the petitioner is not a natural
			 person, the petition must be signed by an individual duly authorized to submit
			 a petition on behalf of the petitioner.
(c) In all cases except where the petition is
			 signed by the petitioner and the petitioner is a natural person, the individual
			 signing the petition must certify his or her authority to submit the petition
			 in language substantially similar to the following: "Under penalty of perjury I
			 hereby certify that I am duly authorized to submit this petition on behalf of
			 (Name of Petitioner). My relationship to the petitioner is that of (state
			 nature of relationship, such as, attorney, trustee, estate administrator, chief
			 executive officer, general partner, parent or guardian)."