Alabama Administrative Code › Title 930 - ALABAMA STATE BOARD OF VETERINARY MEDICINE › Chapter 930-X-1 - GENERAL RULES › Section 930-X-1-.28 - Rule-Making Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 interested person wishing to submit a petition requesting the adoption,
			 amendment or repeal of a rule by the Board shall address a petition to the
			 Board.
(2) The Board's designate
			 will determine whether the public interest will be served by granting the
			 request. Before making this determination, the Board's designate may request
			 additional information from the petitioner(s); he or she may contact interested
			 persons likely to be affected by the proposed rule and request comments; he or
			 she may use any other appropriate method for getting information on which to
			 base his or her determination. He or she shall consider all the contents of the
			 petition submitted plus any other information gotten by the means described
			 herein.
(3) The designate shall
			 make a recommendation to the Board for the institution of rule-making
			 proceedings or for the denial of the petition, as the case may be.
(4) Within thirty days of submission of the
			 petition, a final decision shall be given by the Board. If the decision is to
			 deny the petition, the Board will notify the petitioner in writing stating the
			 reasons therefor. If the decision is to grant the petition, the Board, within
			 thirty days of submission, shall initiate a rule-making proceeding by issuing a
			 rule-making notice, as provided in these rules.
(5) Upon a determination to hold a
			 rule-making proceeding, either in response to a petition or otherwise, the
			 Board shall give notice to all interested persons of a public hearing on the
			 proposed rule at least ten days before such hearing and at least twenty days
			 before the adoption, amendment or repeal of the rule.
(6) The Board shall transmit to all Alabama
			 licensees copies of all rule-making notices. Any other person or agency
			 desiring to be placed on the mailing list for Board rule-making notices may
			 file such requests in writing, furnishing his or her name and mailing address
			 to the Board. The letter of request should state those subject areas within the
			 authority of the Board for which he or she wants notice. The Board may require
			 reasonable postage and stationary costs to be paid by persons receiving such
			 notices.
(7) Persons desiring
			 information in addition to that provided in an individual rule-making notice
			 may contact the Board. Any written communication should clearly indicate the
			 rule-making proceeding which is subject of the inquiry.
(8) Any persons desiring to present oral
			 data, views, or arguments on the proposed rule must, at least five days before
			 the hearing, file a notice with the Board. Notice of desire to appear may be
			 waived, or failure to give notice may be excused, by the presiding officer, in
			 his or her discretion. Any person permitted to make an oral presentation to the
			 Board before or at the hearing is encouraged to submit a written copy of the
			 presentation to the Board before or at the beginning of the hearing.
(9) A request to make an oral presentation
			 shall contain a clear reference to the proposed rule, a brief summary of the
			 individual's views in respect thereto, and how long the individual desires to
			 speak. Presentations shall be limited to fifteen minutes unless the Board
			 prescribes some other time limit.
(10) Upon receipt of the notice of a person's
			 desire to present his or her views orally, the Board shall acknowledge receipt
			 of the request and inform the person of the imposition of any limitations
			 deemed necessary for a full and effective public hearing on the proposed
			 rule.
(11) The Board shall consider
			 fully all written submissions respecting a proposed rule. Upon receipt of
			 written comments, at least five days before the date of a rule-making hearing
			 the Board will acknowledge receipt with an assurance that the comments will be
			 carefully considered by the Board before a final decision.
(12) The presiding officer at the hearing
			 shall have complete control of the proceedings, including: extensions of any
			 time requirements, recognition of speakers, time allotments for presentations,
			 the right to question speakers, direction of the discussion and management of
			 the hearing. The presiding officer, at all times, will take care that each
			 person participating in the hearing is given a fair opportunity to present
			 views, data and comments.
(13) Any
			 interested person desiring a concise statement of the principal reasons for and
			 against the adoption of a rule by the Board and the factors that led to
			 overruling the consideration urged against its adoption may submit a request to
			 the Board.
(a) For purposes of subsection (1)
			 of this chapter, an "interested person" shall be any person(s) whose rights,
			 duties, or privileges might be affected by the adoption of the rule in
			 question, or any group or organization of persons whose rights, duties or
			 privileges might be affected by the rule.
(b) The request must be made in writing and
			 submitted within thirty days after adoption of a rule.