Title 41 — Title 41
0 chapters · 1,981 sections in this title.
Ala. Code § 41-22-1 Short Title
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This chapter shall be known as and may be cited as the “Alabama Administrative Procedure Act.” History: (Acts 1981, No. 81-855, p. 1534, §1.)
Ala. Code § 41-22-10 Action for Declaratory Judgment as to Validity or Applicability of Rule;
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Stay of Enforcement of Rule by Injunction. The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless otherwise specifically provided by statute…
Ala. Code § 41-22-11 Petition for Declaratory Ruling as to Validity of Rule, as to Applicability
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of Any Rule or Statute Enforceable by an Agency, or as to Meaning and Scope of Agency Order; Form and Contents; Binding Effect of Agency Ruling; Effect of Failure to Issue Ruling; Judicial Review. (a) On the petition of any person substantially affected by a rule, an agency may i…
Ala. Code § 41-22-12 Notice and Opportunity for Hearing in Contested Cases; Contents of
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Notice; Power of Presiding Officer to Issue Subpoenas, Discovery and Protective Orders; Procedure Upon Failure of Notified Party to Appear; Presentation of Evidence and Argument; Right to Counsel; Disposition by Stipulation, Settlement, Etc.; Contents of Record; Public Attendance…
Ala. Code § 41-22-13 Rules of Evidence in Contested Cases
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In contested cases: (1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (exce…
Ala. Code § 41-22-14 Intervention in Contested Cases
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In contested cases, upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the case as distinguished from a public interest and the represen…
Ala. Code § 41-22-15 Majority Requirement for Adoption of Final Decision in Contested
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Cases; Use of Proposed Orders in Cases Where Any Official Is Unfamiliar with the Case; Finality of Proposed Orders. In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the decision of the agency to be a final deci…
Ala. Code § 41-22-16 Form and Content of Final Order; When Final Order to Be Rendered;
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Service of Notice and Copies of Final Order. (a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within 30 days: (…
Ala. Code § 41-22-17 Filing of Application for Rehearing in Contested Cases; Form and
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Content; Effect of Application on Final Order; Grounds for Rehearing; Service of Application on Parties of Record; Agency Decision on Application. (a) Any party to a contested case who deems himself or herself aggrieved by a final order and who desires to have the same modified o…
Ala. Code § 41-22-18 Disqualification from Participation in Proposed Order or Final Decision
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Based Upon Conflict of Interest or Personal Bias. (a) No individual who participates in the making of any proposed order or final decision in a contested case shall have prosecuted or represented a party in connection with that case, the specific controversy underlying that case,…
Ala. Code § 41-22-19 Grant, Denial, Renewal, Etc., of Licenses
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(a) The provisions of this chapter concerning contested cases shall apply to the grant, denial, revocation, suspension, or renewal of a license. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any acti…
Ala. Code § 41-22-2 Legislative Intent and Purpose; Effect on Substantive Rights;
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Applicability; Rulemaking Authority. (a) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adoptin…
Ala. Code § 41-22-20 Judicial Review of Preliminary, Procedural, Etc., Actions or Rulings and
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Final Decisions in Contested Cases. (Amended by Act 2026-319) [Effective until October 1, 2026.] THIS SECTION WAS AMENDED BY ACT 2026-319, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. (a) A person who has exhausted all administrative remedies available within the agen…
Ala. Code § 41-22-21 Appeal of Final Judgment of Circuit Court Under Section 41-22-20
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An aggrieved party may obtain a review of any final judgment of the circuit court under Section 41-22-20 by appeal to the appropriate court to which the appeal or review lies. The appeal shall be taken within 42 days of the date of the entry of the judgment or order appealed from…
Ala. Code § 41-22-22 Joint Committee on Administrative Rule Review
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The committee shall review all agency rules prior to their adoption. The committee shall have full access to all resources of the legislative department and all agencies thereof when conducting its review. For purposes of conducting business, six members of the committee, to incl…
Ala. Code § 41-22-22.1 Review of Board and Commission Rules and Actions by Legislative
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Services Agency, Legal Division, and Joint Committee on Administrative Rule Review; Fees. (a) The Legislative Services Agency, Legal Division, shall review each rule certified to it by a state board or commission that regulates a profession, a controlling number of the members of…
Ala. Code § 41-22-23 Submission and Review of Proposed Rules; Fiscal Note Required for
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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…
Ala. Code § 41-22-24 Reconsideration of Disapproved Rules by the Legislature
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Repealed by Act 2015-291, §3, effective October 1, 2015. History: (Acts 1981, No. 81-855, p. 1534, §24; Acts 1986, No. 86-472, p. 880, §1.)
Ala. Code § 41-22-25 Construction and Applicability of Chapter
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(a) This chapter shall be construed broadly to effectuate its purposes. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those cr…
Ala. Code § 41-22-26 Repeal of Inconsistent Laws
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It is the express intent of the Legislature to replace all provisions in statutes of this state relating to rule-making, agency orders, administrative adjudication, or judicial review thereof that are inconsistent with the provisions of this chapter. Therefore, all laws or parts …
Ala. Code § 41-22-27 Effective Date of Chapter; Validity, Review, Etc., of Existing Rules;
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Disposition of Certain Cases and Proceedings. (a) This chapter shall take effect at 12:01 a.m., October 1, 1982; provided, however, that Section 41-22-22 shall take effect October 1, 1981. In order that the Legislative Reference Service may appoint and hire an aide to receive the…
Ala. Code § 41-22-3 Definitions
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The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except when the context otherwise requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative office or unit of…
Ala. Code § 41-22-4 Adoption by Agencies of Rules Governing Organization, Practice, Etc.;
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Public Access to Rules, Orders, Etc.; Effect of Rules, Orders, Etc., Not Made Available to Public. (a) In addition to the other rulemaking requirements imposed by law, each agency shall: (1) Adopt as a rule a description of its organization, stating the general course and method …
Ala. Code § 41-22-5 Notice of Intent to Adopt, Amend, or Repeal Rules; Adoption of
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Emergency Rules; Procedural Requirements; Proceedings to Contest Rules. (a) Prior to the adoption, amendment, or repeal of any rule, the agency shall: (1) Give at least 35 days’ notice of its intended action. Date of publication in the Alabama Administrative Monthly shall constit…
Ala. Code § 41-22-5.1 Public Notification of Proposed Rules; Business Economic Impact
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Statement; Applicability. (a) This section and Section 41-22-5.2 shall be known and may be cited as “The Red Tape Reduction Act.” (b) When an agency files a notice of intent to adopt, amend, or repeal any rule, the agency shall make its best efforts to notify the public of the pr…
Ala. Code § 41-22-5.2 Review of Existing Rules
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(a) Within five years of July 1, 2013, each agency shall review all agency rules existing on that date to determine whether the rules should be continued without change, or should be amended or rescinded. The agency may indicate compliance with the requirements of this section by…
Ala. Code § 41-22-5.3 (a) For purposes of this section, the following terms have the following meanings:
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(1) AGENCY. The term as defined in Section 41-22-3. (2) BEST AVAILABLE SCIENCE. Science that: a. Is reliable, unbiased, subject to independent verification, and applies to the agency’s rule; b. Maximizes the quality, objectivity, relevance, completeness, and integrity of informat…
Ala. Code § 41-22-6 Designation and Duties of Agency Secretaries; Effective Dates of Rules
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(a) Each agency shall have an officer designated as its secretary and shall file in the office of the secretary of the agency a certified copy of each rule adopted by it, including all rules existing on October 1, 1981. Each rule adopted, whether the original or a revision, and a…
Ala. Code § 41-22-7 Contents, Publication, and Availability of Administrative Material; Duties
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of Legislative Services Agency, Legal Division. (a) The secretary of an agency shall establish and maintain an official register of rules which shall be compiled, indexed, published in loose-leaf form, electronic form, or both, and kept up to date by the secretary of the agency. …
Ala. Code § 41-22-8 Form for Petition for Adoption, Amendment, or Repeal of Rules;
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Procedure Upon Submission of Petition. Each agency shall prescribe by rule the form for petition requesting the adoption, amendment, or repeal of a rule and the procedure for submission, consideration, and disposition thereof. Within 60 days after submission of a petition, the ag…
Ala. Code § 41-22-9 Adoption by Reference of Codes, Standards, and Regulations of Other
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Agencies of This State or the United States or of Other Approved Organizations; Form of Reference; Availability from Agency of Information as to Rules, Etc., Adopted by Reference. An agency may adopt, by reference in its rules and without publishing the adopted matter in full, al…