SB55 By Senators Pittman, Dial and Whatley RFD Governmental Affairs Rd 1 03-MAR-15

SYNOPSIS: Under existing law, there is no limit to the frequency with which an agency can amend rules promulgated pursuant to the Alabama Administrative Procedure Act.

This bill would amend the Administrative Procedure Act to provide that an agency cannot amend a rule, once adopted, for a period of 10 years except when required by law.

A BILL TO BE ENTITLED AN ACT

Relating to the Alabama Administrative Procedure Act; to amend Section 41-22-5.2, Code of Alabama 1975, by providing that an agency cannot amend a rule, once adopted, for a period of 10 years except when required by law.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 41-22-5.2, Code of Alabama 1975, is amended to read as follows:

§41-22-5.2.

"(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rules existing on that date to determine whether the rules should be continued without change, or should be amended or rescinded. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the agency shall publish a statement certifying that determination.

"(b) A rule adopted after July 1, 2013, shall be reviewed every five years in a manner consistent with subsection (a).

"(c) Except as required by subsection (a) or otherwise required by law, no rule adopted by an agency may be amended for a period of 10 years. Nothing herein shall limit the right of an agency to seek the complete repeal of a previously adopted rule, as provided under this chapter."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Administrative Law and Procedure

Rules

State Agencies

Code Amended