Title 41 — Title 41

Considered in Determining Public Need for Continuation of Agencies Generally. In said public hearings, the determination as to whether a sufficient public need for continuance is present shall take into consideration the following factors concerning the enumerated or nonenumerate…

and Evaluation. (a) In conjunction with the criteria enumerated in Section 41-20-7, one criterion which may be used in determining sufficient public need in such public hearings shall be a “zero-based review and evaluation.” A “zero-based review and evaluation” shall be a compreh…

Information by Department of Examiners of Public Accounts; Legislative Services Agency, Legal Division; and Legislative Services Agency, Fiscal Division. The Department of Examiners of Public Accounts, the Legislative Services Agency, Legal Division, and the Legislative Services …

Secretary of State. (a) Upon publication and delivery to the state, the Secretary of State shall transmit sets of the Code of Alabama 1975, and supplements or replacement volumes thereof, subject to subsection (b), to all of the following agencies, departments, institutions, bure…

Repealed by Act 2009-723, p. 2162, §2, effective August 1, 2009. History: (Acts 1977, No. 352, p. 470, §2.)

Code. Duplicate sets of said annotated code, to replace sets lost or destroyed without fault of the custodian, may be furnished to any officer entitled thereto upon application to the Secretary of State, provided said application is approved by the Governor. History: (Acts 1977, …

Code by Contractor. (a) Any contract to publish the official code of the statutes of Alabama under Section 29-7-6 may relate to any medium or form of the code and shall not be subject to the competitive bid laws of the state, including, but not limited to, Article 2 (commencing w…

State as to Disposition of Sets of Code in Custody Thereof Upon Severance of Connection with Offices, Etc.; Effect of Failure to Dispose of Code in Manner Prescribed by Section. Except those sets of codes distributed to members of the Legislature and the Lieutenant Governor, the …

Distributed; Maintenance by Secretary of State of Record Book as to Distribution of Sets of Code. It shall be the duty of the Secretary of State to take receipts from each public official of the state and of the several counties to whom he or she distributes sets of said annotate…

Provisions Relating to Specific Agencies, Departments, Etc. The Code Commissioner may contract for the preparation and publication of a compilation or abridgment in any form or medium of those sections of the Code of Alabama relating to a specific agency, department, institution,…

There is hereby appropriated, out of the moneys in the State Treasury not otherwise appropriated, such amounts of money as are, or may be, necessary to carry out the provisions of this chapter relating to the distribution of the sets of said code to the several state and county o…

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.)

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…

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…

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…

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…

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…

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…

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: (…

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…

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,…

(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…

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…

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…

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…

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…

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…

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…

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.)

(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…

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 …

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…

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…

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 …

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…

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…

(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…

(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…

(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…

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. …

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…

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…

There is hereby created and established the Department of Economic and Community Affairs within the Office of the Governor and directly under his or her supervision and control. The Department of Economic and Community Affairs shall consist of: the Governor, the Office of State P…

(a) The Neighbors Helping Neighbors Fund is established in the State Treasury to provide eligible recipients weatherization assistance. (b) The monies in the fund shall consist of any of the following: (1) Contributions from taxpayers received by the Department of Revenue and tra…

Department of Economic and Community Affairs; Administrative Costs; Reports. (a) Eligible recipients of assistance are individuals who have a household income at or below 125 percent of the poverty level or individuals who are 60 years of age or older or handicapped and families …

Repealed by Act 2006-503, p. 1145, §2, effective for tax years beginning after December 31, 2005. History: (Acts 1996, No. 96-660, p. 1058, §3.)

(a) The Office of Inland Waterways and Intermodal Infrastructure is created as an office within the Alabama Department of Economic and Community Affairs (ADECA). (b) The office shall be administered by an Executive Director of Inland Waterways and Intermodal Infrastructure, who s…

The office shall have the following powers to: (1) Ensure that assets and needs of water transportation and intermodal infrastructure are properly considered and reflected in the state’s comprehensive transportation and strategic planning policies. (2) Assist and coordinate with …

(a) The Director of ADECA shall create an Inland Waterways and Intermodal Infrastructure Advisory Board to advise the Director of ADECA. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban and rural, and economic diversity of the state…

(a) The Inland Waterways and Intermodal Infrastructure Fund is created in ADECA to finance infrastructure improvements related to inland waterway and intermodal development projects, any national water recreation trail in Alabama which is designated by the National Park Service, …