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41-22-7
Section 41-22-7 Contents, publication, and availability of administrative material, duties
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, and kept up to date by the secretary of the agency. This register of rules
shall be known as "The (name of the agency) Administrative Code," and it shall be
made available, upon request, at cost to all persons for copying and inspection and to those
persons who subscribe to the register. Supplementation shall be made as often as is practicable,
but at least once every year. The secretary of an agency shall number and renumber rules to
conform with a uniform numbering system devised by the Legislative Services Agency, Legal
Division. (b) The secretary of an agency may omit from its administrative code rules that
are general in form, but are applicable to only one county or a part thereof. Rules so...
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41-22-27
Section 41-22-27 Effective date of chapter; validity, review, etc., of existing rules; 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 rules and
in order to promulgate the Alabama Administrative Code and the Alabama Administrative Monthly
as soon as possible, subsections (a) and (b) of Section 41-22-6 and subsections (a) through
(e) of Section 41-22-7 shall also become effective October 1, 1981. It shall be the duty of
all agencies in existence on the passage of this chapter and all agencies created thereafter
to cooperate with the office of the Legislative Services Agency, Legal Division, in compiling
the Alabama Administrative Code and the Alabama Administrative Monthly by submitting to the
committee all rules now and hereafter in effect, and all proposed...
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41-22-6
Section 41-22-6 Designation and duties of agency secretaries; effective dates of rules. (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 all copies thereof, shall have the name or names of the author or authors, respectively,
on its face. The secretary of the agency shall keep a permanent register of the rules open
to public inspection. (b) The secretary of each agency shall file in the office of the Legislative
Services Agency, Legal Division, no later than 15 days after the filing with the secretary
of the agency and within 90 days after completion of the notice, in a form and manner prescribed
by the Legislative Services Agency, Legal Division, a certified copy of each rule adopted
by it. If the agency was required to prepare a business impact analysis...
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41-22-3
Section 41-22-3 Definitions. 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 the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
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45-42-162.17
Section 45-42-162.17 Transition. (a) The transition period shall be directed by the provisions
contained herein. The level of services during transition shall not be below the level of
service previously provided by the respective government. (b)(1) Not later than six months
after assuming office, the commission shall adopt a plan for the reorganization of service
operations on a countywide basis, so that the general service district shall receive services,
(including, but not limited to: streets and roads, refuse disposal, police, parks, and recreation),
which are customarily furnished by a county government in a metropolitan area, and the urban
service district shall receive services, (including, but not limited to: additional police
protection, additional transportation, street lighting, and street cleaning) which are customarily
furnished by a city in a metropolitan area. The plan to combine services and functions should
aim toward effectiveness, efficiency, and equity in the...
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41-22-22.1
Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services
Agency, Legal Division, and Joint Committee on Administrative Regulation 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 which are active market participants in the profession, to determine whether the rule may
significantly lessen competition and, if so, whether the rule was made pursuant to a clearly
articulated state policy to displace competition. (b) If the Legislative Services Agency,
Legal Division, determines that a rule subject to subsection (a) may significantly lessen
competition, it shall determine whether the rule was made pursuant to a clearly articulated
state policy to displace competition, and shall certify those determinations to the committee.
The board or commission shall submit a position paper, a transcript of any...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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41-22-23
Section 41-22-23 Submission and review of proposed rules; fiscal note required for 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 the
proposed rule presented to the committee shall be as follows: New language shall be underlined
and language to be deleted shall be typed and lined through. (b)(1) Within the 45-day period
between the date of publication in the Alabama Administrative Monthly that a rule has been
certified and the date it becomes effective, and subject to subsection (h) of Section 41-22-5.1,
the committee shall study all proposed rules and may hold public hearings. The committee may
adopt a policy providing when a public hearing will be held on a rule meeting specified criteria.
In the event the committee fails to give notice to the agency of...
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41-22-5
Section 41-22-5 Notice of intent to adopt, amend, or repeal rules; adoption of 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 constitute the date
of notice. In addition to the other requirements of this chapter, the notice shall state whether
the proposed adoption, amendment, or repeal of the rule relates to or affects in any manner
any litigation which the agency is a party to concerning the subject matter of the proposed
rule. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subjects and issues involved, shall specify a notice period
ending not less than 35 days or more than 90 days from the date of the notice, during which
period interested persons may present their views, and shall specify the...
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41-22-5.1
Section 41-22-5.1 Public notification of proposed rules; business economic impact 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 proposed
rule. At a minimum, when the agency files the notice of intent, the agency shall post the
text of the rule the agency proposes to adopt, amend, or repeal on its website or, if the
agency has no website, on a website operated or maintained by the executive branch. Additionally,
when the agency files a notice of intent to adopt, amend, or repeal a rule, the agency shall
electronically notify any person who has registered with the agency his or her desire to receive
notification of any proposal by the agency to adopt, amend, or repeal a rule. (c) If, prior
to the end of the notice period, a business notifies an agency that it...
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