reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.09 - Prehearing Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commission may, on its own initiative or on the motion of any party, direct the
				parties to appear at a specified date, time and place for one or more
				conferences, prior to or during a hearing, to consider:
(a) settlement of the contested
				matters;
(b) identification,
				clarification, simplification, or limitation of the issues,
(c) possibility of obtaining admissions of
				fact and of the genuineness of documents which will avoid unnecessary
				proof,
(d) identification of facts,
				and the source thereof, of which official notice is proposed to be
				taken;
(e) identification of
				persons with knowledge of any relevant matter;
(f) identification of any expert witnesses
				expected to be called by any party to testify at the hearing and the substance
				of the facts and opinions to which the expert witnesses may be expected to
				testify and a summary of the grounds for each opinion;
(g) possibility of submitting any evidence in
				verified form when the hearing will be expedited and the interests of the
				parties will not be prejudiced thereby, provided that the right of
				cross-examination of any witness shall not be denied; and
(h) such other matters as may aid in the
				disposition of the contested actions.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.10 - Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At
				least fifteen (15) days prior to the commencement of any hearing to contest an
				administrative action, other than the issuance of an emergency order, the
				Commission shall give written notice of the date, time, place, and nature of
				such hearing to the person requesting such hearing, to the Office of Water
				Resources, and to any others named or necessary parties. Such notice shall
				include a citation of the legal authority and jurisdiction under which the
				hearing is to be held, reference to the particular sections of the statutes and
				Rules involved, and a concise statement of the matters asserted by the person
				requesting such hearing.
(2) Within
				such time as may be reasonable under the circumstances, the Commission shall
				give notice of the date, time, place, and nature of any hearing to contest the
				issuance of an emergency order to the person requesting such hearing and such
				other persons as the Commission deems appropriate.
(3) Any notice required by this Chapter to be
				given to any party shall be delivered to such party either personally, by
				registered mail, or certified mail return receipt requested.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.11 - Hearing Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A hearing
				to contest an administrative action shall be commenced when a reasonable time,
				not to exceed ninety (90) days, after the making and filing of a proper request
				for such hearing in accordance with rule
				305-7-7-.04 of these Rules.
(2) The testimony
				of all parties and witnesses shall be made under oath administered by the
				Commission.
(3) All testimony or
				comments given in any hearing before the Commission shall be electronically or
				stenographically recorded, but need not be transcribed unless requested by any
				party who shall pay the cost of transcription, or as otherwise provided by this
				Chapter or the Act.
(4) The parties
				shall be bound by the rules of evidence prevailing in nonjury civil cases in
				the Circuit Court of the State of Alabama.
(5) Each party shall be entitled to respond
				and present evidence and arguments on all material issues involved in the
				hearing. The burden of going forward with the evidence shall be on the party
				requesting the hearing. Each party shall be entitled to present oral or written
				opening statements and closing arguments.
(6) A party may conduct cross-examinations as
				required for a full and true disclosure of facts, except as may be otherwise
				limited by law or the Alabama Rules of Civil Procedure.
(7) Each party shall be afforded an
				opportunity to contest facts proposed to be officially noticed.
(8) At any time after the commencement of a
				hearing to contest an administrative action the Commission may, on its own
				initiative or on the action of any party, adjourn the hearing to a later date,
				time and/or different location.
(9)
				A hearing to contest an administrative action is concluded on the date when all
				opening statements, evidence, other submissions, testimony, comments, and
				closing arguments have been received or heard by the Commission and all motions
				have been ruled upon.
(10) All
				hearings shall be open to the public, unless private hearings are otherwise
				provided by law.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-16,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.12 - Default

Current through Register Vol. 42, No. 9, June 28, 2024
If a party fails to appear at a hearing after being given
				  notice, the Commission may, if no adjournment is granted, proceed with the
				  hearing and render a decision or dismiss the proceeding for failure to
				  prosecute the appeal. Dismissal shall constitute a final determination of the
				  contested matter.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.13 - Record

Current through Register Vol. 42, No. 9, June 28, 2024
The record of a hearing to contest an administrative action
				  shall include:
(1) The request for a
				hearing filed in accordance with rule
				305-7-7-.04 of these Rules;
(2) All pleadings,
				motions, applications and intermediate rulings and orders;
(3) All evidence received or considered and
				all other submissions; provided, in the event that evidence in any proceeding
				contains information which the Office of Water Resources or the Commission has
				determined to be confidential or otherwise not available to the public under
				any law, rule, or regulation administered by the Office of Water Resources, the
				Commission shall take such steps as are necessary to prevent public disclosure
				of that information;
(4) A
				statement of all matters officially noticed;
(5) All questions and offers of proof,
				objections, and rulings thereon;
(6) All proposed findings and
				exceptions;
(7) All staff memoranda
				or data submitted to the Commission in connection with the consideration of the
				case unless such memoranda or data is protected as confidential or privileged;
				provided, that if such memoranda or data contain information of a proprietary
				and confidential nature, it shall be protected from public disclosure by the
				Commission; and
(8) Any report of
				the Hearing Officer.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.14 - Disposition Without Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				party who filed a request for a hearing to contest an administrative action
				before the Commission in accordance with rule
				305-7-7-.04 of these Rules, may at any time before the commencement of a hearing, withdraw
				the request by filing a notice thereof with the Secretary of the Commission,
				the Commission, or the Hearing Officer if one has been designated by the
				Commission.
(2) Any party who filed
				a request for a hearing to contest an administrative action on accordance with
				rule
				305-7-7-.04 of these Rules may, at any time after the commencement of a hearing, file a
				motion for voluntary dismissal of the contest with the Commission.
(3) The parties to any hearing to contest an
				administrative action may, at any time after the filing of the request for a
				hearing, file with the Commission a proposed consent order modifying,
				approving, or disapproving the administrative action with a motion that the
				Commission issue an order in accordance therewith.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.15 - Stay Of Action Pending Issuance Of Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pending issuance of the Commission's
				order and upon application therefor made by any party, the Commission may stay
				the implementation of an administrative action in accordance with such terms
				and conditions as it may deem proper.
(2) An application for a stay of the
				implementation of an administrative action shall state the grounds therefor and
				shall be filed with the Secretary of the Commission as provided for in rule
				305-7-7-.04 of these Rules.
(3) No stay of
				implementation of an administrative action shall be granted without prior
				notice to each party and an opportunity to be heard before the Commission.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.16 - Filing And Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except
				as otherwise provided in this Chapter, the filing of any request, application,
				motion, or other writing or paper with the Commission shall be made by delivery
				of such request, application, motion, or other writing or paper to:
Secretary
Alabama Water Resources Commission
c/o Office of Water Resources Alabama Center for
				  Commerce
401 Adams Avenue, Suite 360
Montgomery, Alabama 36104
(2) A copy of every motion or other writing
				or paper filed with the Commission concerning an administrative action shall be
				served upon each of the parties. Except as otherwise provided in this Chapter,
				service upon a party shall be in the same manner and form as provided in the
				Alabama Rules of Civil Procedure.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.17 - Computation Of Time

Current through Register Vol. 42, No. 9, June 28, 2024
In computing any period of time prescribed by this Chapter or
				  by the
Code of Ala. 1975
, 5541-22-1,
et
seq
., the day the
				  administrative action is taken shall not be included. The last day of the
				  period so computed shall be included, unless it is a Saturday, Sunday, or legal
				  holiday, in which event the period runs until the end of the next day which is
				  not a Saturday, Sunday, or legal holiday. A legal holiday shall be a day
				  recognized as a legal holiday by the State of Alabama and/or as designated by
				  the Governor of the State of Alabama. Whenever a party has the right or is
				  required to do some act or to take some proceedings within a prescribed period
				  after the service of a notice or other paper upon them and the notice or paper
				  is served upon them by mail, three (3) days shall be added to the prescribed
				  period.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.18 - Ex Parte Communications

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				A party, or their attorney, shall not communicate, or cause another to
				communicate, with the Commission, a Commission member or Hearing Officer as to
				any matter which concerns a contested administrative action then pending,
				except:
(a) in the course of official
				proceedings concerning the contested administrative action;
(b) in writing if they promptly serve a copy
				on each party; or
(c) orally upon
				adequate notice to each party or their attorney.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.19 - Hearing Officers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commission may hire or employ one or more Hearing Officers to conduct hearings
				of contested administrative actions. Such Hearing Officers shall be attorneys
				licensed to practice in the State of Alabama and shall be paid an amount
				prescribed by the Commission from Office of Water Resources funds, but shall
				not be subject to the authority, direction, or discretion of the Division Chief
				of the Office of Water Resources or any other person subject to the authority,
				direction, or discretion of the Division Chief of the Office of Water
				Resources.
(2) The Commission may
				delegate to a Hearing Officer, the power to conduct hearings of contested
				administrative actions of the Office of Water Resources and the Commission and
				all proceedings related thereto, in the same manner as provided in this Chapter
				for the conduct of such hearings and proceedings before the Commission. The
				power to conduct hearings of contested administrative actions shall include the
				power to do all things which the Commission might do under this Chapter, except
				to issue an order modifying, approving, or disapproving an administrative
				action.
(3) The Hearing Officer
				shall prepare and submit to the Commission, within sixty (60) days after the
				conclusion of any hearing, a report containing findings of fact, conclusions of
				law, recommendations, and the record, including a transcript of all testimony
				or comments given in such hearing, for the consideration of the Commission. The
				report of the Hearing Officer shall also state the date on which the hearing
				was concluded.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.20 - Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Within sixty
				(60) days after the conclusion of a hearing conducted by the Commission
				contesting an administrative action, or within sixty (60) days of the receipt
				by the Commission of a Hearing Officer's report, the Commission shall issue an
				appropriate order modifying, approving, or disapproving the contested
				administrative action.
(2) Any
				order of the Commission modifying, approving, or disapproving an administrative
				action shall be in writing and shall include findings of fact and conclusions
				of law,
(3) A copy of the order of
				the Commission shall be served upon each of the parties either personally, by
				registered mail, or by certified mail return receipt requested or by facsimile
				(fax) and shall be presumed received three (3) days after the date of mailing
				or in other cases the date of transmission of such order.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.21 - Majority Of Quorum Needed To Issue Order

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may not issue an order modifying, approving,
				  or disapproving an administrative action without the concurrence of a majority
				  of a quorum present at a regular or special meeting of the Commission, except
				  that a determination made pursuant to §§
									9-10B-21 and
				  9-10B-22 of the Act shall require a favorable vote of at least 13 members of the
				  Commission. A quorum shall be a majority of the Commission. Recusal of a member
				  of the Commission shall not affect the quorum.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.22 - Mandatory Recusal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				Commission member who was not present at a hearing to contest an administrative
				action or who has not read the record, including a transcript of all testimony
				or comments given in a hearing and contained in the Hearing Officer's report,
				shall recuse themselves from voting to issue any order modifying, approving, or
				disapproving such administrative action and from participating in any
				discussions with other Commission members concerning the issuance of any such
				order.
(2) Any party to a hearing
				contesting an administrative action may file a timely motion to compel the
				recusal of any Commission member from voting to issue an order modifying,
				approving, or disapproving such administrative action, or to disqualify a
				Hearing Officer from conducting a hearing contesting such administrative
				action. Such motion shall be supported by a sufficient affidavit, made on
				personal knowledge, asserting conflict of interest, personal bias, or other
				matters contained in these Rules. The Commission shall determine the matter as
				part of the record of the hearing; however, the Commission member against whom
				conflict of interest, personal bias, or disqualification is asserted, shall
				recuse themselves from such determination.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.23 - Permissive Recusal

Current through Register Vol. 42, No. 9, June 28, 2024
Any Commission member may recuse themselves from voting to
				  issue any order modifying, approving, or disapproving an administrative action,
				  or from participating in any discussions with other members of the Commission
				  concerning the issuance of any such order, if they believe themselves to have a
				  conflict of interest or personal bias such as would prevent their fair and
				  impartial consideration of the merits of the contest.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES › Section 305-7-8-.01 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter prescribes the procedures for the submission,
				  consideration and disposition of petitions for rulemaking and is to be read in
				  conjunction with the "Alabama Administrative Procedure Act."
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-16,
					 9-10B-18,
					 9-10B-30.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES › Section 305-7-8-.02 - Right To Petition

Current through Register Vol. 42, No. 9, June 28, 2024
Any person may petition the Commission to adopt, amend or
				  repeal a rule by making and filing a written petition in accordance with rule
				  305-7-8-.03 of these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-16,
					 9-10B-18
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES › Section 305-7-8-.03 - Petition Content and Submission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A petition to adopt, amend or repeal a
				rule shall contain the following information:
(a) the name, mailing address and telephone
				number of the person making the petition;
(b) a statement of the interest of the person
				making the petition;
(c) specific
				language proposed to be adopted, amended, or repealed;
(d) all evidence, data and information on
				which the person relies in support of the petition; and
(e) a statement of the persons position on
				the considerations described in rule
				305-7-8-.04 of these Rules.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES › Section 305-7-8-.04 - Consideration Of Petition

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall give fair consideration to any petition
				  for rulemaking filed in accordance with rule
				  305-7-8-.02 of
				  these Rules. The Commission may consider:
(1) The views of the Division Chief of the
				Office of Water Resources;
(2)
				Whether the proposed adoption, amendment, or repeal of a rule is constitutional
				and within the statutory authority of the Office of Water Resources and/or the
				Commission to adopt;
(3) Whether
				the proposed adoption, amendment, or repeal of a rule would promote the
				legislative intent and purposes of the statutes which the Office of Water
				resources and/or the Commission administers;
(4) Whether the petition is supported by
				substantive, credible and relevant evidence, data and information as would
				reasonably support the proposed adoption, amendment, or repeal of a rule in the
				absence of contradictory evidence, data or information or other relevant
				factors which the Commission might consider pursuant to the Act;
(5) Whether the person has had a prior
				opportunity to present relevant evidence, data and information on the subject
				matter of the petition or the person unjustifiably failed to present such
				evidence, data or information;
(6)
				Whether alternative means of obtaining the same or similar relief are presently
				available to the person or have been made available in the recent
				past;
(7) The manner in which the
				proposed adoption, amendment, or repeal of a rule would impact the overall
				regulatory scheme of the Act and whether the proposed adoption, amendment, or
				repeal of a rule would promote the basic underlying public policies of the Act;
				and
(8) Any other relevant factors,
				evidence, data or information.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-16,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES › Section 305-7-8-.05 - Disposition Of Petition

Current through Register Vol. 42, No. 9, June 28, 2024
Within sixty (60) days after submission of a petition for
				  rulemaking the Commission shall either deny the petition on its merits and
				  state the reasons for the denial in writing, or initiate rulemaking procedures
				  in accordance with the "Alabama Administrative Procedure Act." However, the
				  Commission may extend the sixty (60) day period, by not more than thirty (30)
				  days, if the Commission's next regularly scheduled meeting is not within the
				  sixty (60) day period. Written notification of such extension shall be provided
				  to the petitioner by the Secretary. During such period the Commission shall
				  either deny the petition or initiate rulemaking proceedings.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-16,
					 9-10B-18,
					 9-10B-30.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-9 - GENERAL PROVISIONS OF THE ALABAMA WATER USE REPORTING PROGRAM › Section 305-7-9-.01 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
The Act mandates that the Commission adopt rules and
				  regulations governing Declarations of Beneficial Use and Certificates of Use.
				  The Act makes water use reporting a condition of maintaining Certificates of
				  Use. Chapters 305-7-9 through 305-7-12 of these Rules prescribe the rules,
				  regulations and procedures for Declarations of Beneficial Use, Certificates of
				  Use, and water use reporting and shall hereafter be known as the "Water Use
				  Reporting Program."
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-2,
					 9-10B-16,
					 9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-9 - GENERAL PROVISIONS OF THE ALABAMA WATER USE REPORTING PROGRAM › Section 305-7-9-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The definitions set out in the Act are incorporated by
				  reference as a part of the Water Use Reporting Program. The following words and
				  phrases, unless a different meaning is plainly required by the context of these
				  Rules or the Act, shall have the following meanings:
(1) "Applicant" is defined as any person, who
				is required by the Act to file, or any person filing, a Declaration of
				Beneficial Use to withdraw or divert waters of the state.
(2) "Divert" or "Diversion' is defined as the
				capacity to withdraw, use or consume waters of the state.
(3) "Withdrawal facility" is defined as any
				individual or series of pipes, devices or means at a location which diverts
				waters of the state from a source.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, § 9-10-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-9 - GENERAL PROVISIONS OF THE ALABAMA WATER USE REPORTING PROGRAM › Section 305-7-9-.03 - Review Of Forms

Current through Register Vol. 42, No. 9, June 28, 2024
The Division Chief of the Office of Water Resources shall
				  prescribe and the Commission approve the forms necessary to obtain the
				  information required by the Water Use Reporting Program and shall alter or
				  amend such forms as necessary.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-8,
					 9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-9 - GENERAL PROVISIONS OF THE ALABAMA WATER USE REPORTING PROGRAM › Section 305-7-9-.04 - Right of Entry

Current through Register Vol. 42, No. 9, June 28, 2024
Authorized agents, representatives, or designees of the
				  Office of Water Resources, may enter upon any private or public property after
				  giving notice to the owner, occupant, custodian or agent of said property, for
				  the purpose of determining compliance with the Act or these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-5,
					 9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-9 - GENERAL PROVISIONS OF THE ALABAMA WATER USE REPORTING PROGRAM › Section 305-7-9-.05 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
Any person violating any provision of the Act or these Rules
				  shall be subject to penalties as provided by the Act. Penalties provided by the
				  Act shall be in addition to other penalties or equitable relief which may be
				  granted by any court of competent Jurisdiction.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-5,
					 9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-9 - GENERAL PROVISIONS OF THE ALABAMA WATER USE REPORTING PROGRAM › Section 305-7-9-.06 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Any person aggrieved by any administrative action by the
				  Office of Water Resources or the Division Chief may appeal such action pursuant
				  to Chapter 305-7-7 of these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-10 - DECLARATIONS OF BENEFICIAL USE › Section 305-7-10-.01 - Filing Of Declaration Of Beneficial Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person diverting waters of the state
				shall file a Declaration of Beneficial Use with the Office of Water Resources
				as required by the Act.
(2) A
				Declaration of Beneficial Use must be filed for each withdrawal
				facility.
(3) A Declaration of
				Beneficial Use shall be filed by mail or in person to:
(a) for mail delivery:
Office of Water Resources Alabama Center for Commerce
401 Adams Avenue, Suite 360
Post Office Box 5690
Montgomery, Alabama 36103-5690
(b) for hand delivery:
Office of Water Resources Alabama Center for Commerce
401 Adams Avenue, Suite 360
Montgomery, Alabama 36104
(c) other places designated by the Office of
				Water Resources.
Author:
Walter B. Stevenson,
				  Jr.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-10 - DECLARATIONS OF BENEFICIAL USE › Section 305-7-10-.02 - Content Of Declaration Of Beneficial Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each Declaration of Beneficial Use shall
				be filed on forms prescribed by the Division Chief of the Office of Water
				Resources and include information for each withdrawal facility such as, but not
				necessarily limited to, the:
(a) water
				source;
(b) primary uses of the
				water;
(c) geographic location of
				the points of diversion and points of return of water;
(d) estimated or actual quantity of water, in
				gallons, diverted and estimated or actual quantity of water, in gallons, to be
				returned;
(e) estimated maximum
				potential quantity of water, in gallons, which could be diverted and estimated
				potential quantity of water, in gallons, which would be returned;
(f) method or means of measuring, estimating,
				or controlling the water diverted.
(g) statement regarding the navigability of
				the water source; and
(h) basis of
				legal right to use the water to be diverted.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-10 - DECLARATIONS OF BENEFICIAL USE › Section 305-7-10-.03 - Voluntary Filing Of Declaration Of Beneficial Use

Current through Register Vol. 42, No. 9, June 28, 2024
Nothing in these Rules shall be interpreted or construed as
				  prohibiting any person from voluntarily filing a Declaration of Beneficial Use
				  in accordance with the provisions of these Rules. Any person voluntarily filing
				  a Declaration of Beneficial Use, although not required to file such, shall
				  fully comply with the provisions of these Rules and such terms or conditions as
				  are contained in the Certificate of Use issued by the Office of Water
				  Resources.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-10 - DECLARATIONS OF BENEFICIAL USE › Section 305-7-10-.04 - Amendment To Declaration Of Beneficial Use

Current through Register Vol. 42, No. 9, June 28, 2024
If any information in a Declaration of Beneficial Use is no
				  longer true, accurate and complete, the applicant shall, within ninety (90)
				  days of such change, file an amendment which shall correct and update the
				  Declaration of Beneficial Use.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-10 - DECLARATIONS OF BENEFICIAL USE › Section 305-7-10-.05 - Review Of Declaration Of Beneficial Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Office of Water Resources shall
				review the Declaration of Beneficial Use to determine that it is
				complete.
(2) If the Declaration of
				Beneficial Use is determined to be incomplete, the applicant will be so advised
				within thirty (30) days of the receipt of the Declaration. The notice to the
				applicant will identify the deficiencies in the Declaration of Beneficial
				Use.
(3) If a Declaration of
				Beneficial Use has been filed in accordance with these Rules, and upon review
				it is determined that the Declaration is complete and in conformance with the
				provisions of the Act and these Rules, the Office of Water Resources shall
				issue, or cause to be issued, a Certificate of Use. A Certificate of Use shall
				be issued for each withdrawal facility.
(4) In the event a new or revised Certificate
				of Use has not been issued by the Office of Water Resources within ninety (90)
				days of a person's submission of a Declaration of Beneficial Use the person
				submitting such Declaration may continue to divert, withdraw, or consume the
				waters of the state in compliance with the provisions of the Act and these
				Rules and shall not be subject to any civil action or order issued by the
				Office of Water Resources for failing to submit a Declaration of Beneficial
				Use.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-19,
					 9-10B-20.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-10 - DECLARATIONS OF BENEFICIAL USE › Section 305-7-10-.06 - Emergency Diversion

Current through Register Vol. 42, No. 9, June 28, 2024
A Declaration of Beneficial Use, as otherwise required by the
				  Act, shall not be required to be filed if the diversion lasts for less than
				  thirty (30) days (hereafter referred to as an "Emergency Diversion"). An
				  emergency diversion includes the taking of water for purposes such as fire
				  fighting, hazardous waste spill response or other emergencies as may be
				  determined by the Office of Water Resources. The person responsible for the
				  emergency diversion shall, within thirty (30) days of the diversion, notify the
				  Office of Water Resources of the name, address and telephone number of the
				  person diverting water, the purpose(s) of the diversion, the source of
				  diversion, the location of the diversion, the initial date of the diversion,
				  the daily amount of water diverted, and the anticipated duration of the
				  diversion. If it is determined that the emergency diversion is expected to
				  continue for more than thirty (30) days the Division Chief shall determine
				  whether to grant a waiver for the emergency diversion or to require the filing
				  of a Declaration of Beneficial Use.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-10 - DECLARATIONS OF BENEFICIAL USE › Section 305-7-10-.07 - Failure To File A Declaration Of Beneficial Use

Current through Register Vol. 42, No. 9, June 28, 2024
Failure to file a Declaration of Beneficial Use and the
				  continued use of the waters of the state will be considered a violation of the
				  Act and these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-19.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-11 - CERTIFICATES OF USE › Section 305-7-11-.01 - Content Of Certificates Of Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificates of Use shall acknowledge
				the:
(a) estimated amount, in gallons, of
				waters of the state that is used on an average daily basis;
(b) estimated maximum capacity, in gallons,
				of waters of the state that could potentially be withdrawn or diverted within
				any single day;
(c) duration of the
				Certificate of Use; and
(d)
				frequency of water use reporting.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-11 - CERTIFICATES OF USE › Section 305-7-11-.02 - Duration Of Certificates Of Use

Current through Register Vol. 42, No. 9, June 28, 2024
Certificates of Use shall be issued for a period of not less
				  than five (5) years and not more than ten (10) years at the discretion of the
				  Division Chief of the Office of Water Resources or as otherwise provided by the
				  Act.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-19,
					 9-10B-20.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-11 - CERTIFICATES OF USE › Section 305-7-11-.03 - Modification Of Certificates Of Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any holder of a Certificate of Use may
				apply to the Office of Water Resources, on forms prescribed by the Division
				Chief of the Office of Water Resources, to modify, transfer, consign, convey,
				or terminate, a Certificate of Use.
(2) Upon noticing discrepancies either
				between the Declaration of Beneficial Use or Certificate of Use and subsequent
				water use reports, the Office of Water Resources may order a modification to
				the Declaration of Beneficial Use. Prior to any such order, the Office of Water
				Resources shall notify the holder of the Certificate of Use of the discrepancy
				and the need to modify the Declaration of Beneficial Use and offer the holder a
				meeting with the Division Chief.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-19,
					 9-10B-20.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-11 - CERTIFICATES OF USE › Section 305-7-11-.04 - Renewal Of Certificates Of Use

Current through Register Vol. 42, No. 9, June 28, 2024
Applications to renew an existing Certificate of Use shall be
				  filed on forms prescribed by the Division Chief of the Office of Water
				  Resources at any time not more than one hundred eighty (180) days nor less than
				  ninety (90) days prior to the expiration of the existing Certificate of Use.
				  All renewals will be processed, as provided by these Rules, in the same manner
				  as the original Declaration of Beneficial Use. Notice of the expiration of a
				  Certificate of Use shall be provided by the Office of Water Resources to a
				  holder of a Certificate of Use not less than one hundred eighty (180) days
				  prior to the expiration of the Certificate. Notice shall be sent to the last
				  known address provided by the holder of the Certificate.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-19,
					 9-10B-20.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-11 - CERTIFICATES OF USE › Section 305-7-11-.05 - Termination Of Certificates Of Use

Current through Register Vol. 42, No. 9, June 28, 2024
Violations of the provisions of the Act, or as hereafter
				  amended, these Rules, or as hereafter amended, or the terms and conditions as
				  set forth in the Certificate of Use, shall be a basis for determining
				  suspension, revocation, termination or modification of any Certificate of Use
				  by the Office of Water Resources. No suspension, revocation, termination or
				  modification of a Certificate of Use will be effective until the holder of the
				  Certificate of Use has been offered a meeting with the Division Chief to
				  discuss the proposed suspension, revocation, termination or modification. The
				  suspension, revocation, termination or modification of any Certificate of Use
				  shall be deemed an administrative action of the Office of Water Resources and
				  shall entitle the holder to an appeal of such administrative action as provided
				  by Chapter 305-7-7 of these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-5,
					 9-10B-19,
					 9-10B-20.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-12 - WATER USE REPORTS › Section 305-7-12-.01 - Water Use Report Filing Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person holding a Certificate of Use
				shall be responsible for the filing and accuracy of water use reports as
				required by the Act and Certificate of Use.
(2) Water use reports may be filed by the
				holder of the Certificate of Use or by their authorized agent, representative,
				or designee.
(3) Water use reports
				may be filed:
(a) using the forms prescribed
				by the Division Chief of the Office of Water Resources; or
(b) after receipt of a written request from
				the holder of a Certificate of Use, the Division Chief may approve and accept
				copies of reports submitted pursuant to rules and regulations of the federal
				government or an authorized agency of the State of Alabama provided the report
				contains the information necessary to fully comply with the provisions of the
				Act and these Rules.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-12 - WATER USE REPORTS › Section 305-7-12-.02 - Content Of Water Use Report

Current through Register Vol. 42, No. 9, June 28, 2024
A water use report shall include the following:
(1) The estimated amount of water withdrawn,
				diverted, or consumed, in gallons, and tabulated for average daily use per
				month and peak day use per month; and
(2) Each water use report shall be signed and
				certified that, to the best of the person's knowledge and belief, the
				information provided in each report is true, accurate and complete.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-19,
					 9-10B-20.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-12 - WATER USE REPORTS › Section 305-7-12-.03 - Failure To File Water Use Report

Current through Register Vol. 42, No. 9, June 28, 2024
Failure to file a water user report with the Office of Water
				  Resources, by any holder of a Certificate of Use, shall constitute:
(1) A basis for determining suspension,
				revocation, or termination of the Certificate of Use; and
(2) A violation of the Act and these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-5,
					 9-10B-19,
					 9-10B-20.