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Alabama Administrative Procedure Act

Alabama · State Government · §§ 41-22-1 to 41-22-9 · 29 sections

Overview

The act governs how state administrative agencies make rules and how they resolve individual contested cases. On the rulemaking side it requires agencies to give advance notice of proposed rules, take public comment, prepare analyses of a proposed rule's anticipated impacts, and file and index rules before they take effect, while also providing for emergency rulemaking, public petitions to adopt rules, and periodic agency review of rules already on the books. For contested cases it establishes notice and an opportunity to be heard, the right to counsel, interpreters for deaf or hearing-impaired parties and witnesses, and informal disposition, and it preserves judicial review — including declaratory judgment actions testing the validity of a rule.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 29 court decisions.

Most-cited authority: 831 NW2D 94 - Jeremie J. Cooksey v. Cargill Meat Solutions Corporation

Sections covered

  • Ala. Code § 41-22-1Short Title.5 cites
  • Ala. Code § 41-22-10Action for Declaratory Judgment as to Validity or Applicability of Rule; Stay of Enforcement of Rule by Injunction.
  • Ala. Code § 41-22-11Petition for Declaratory Ruling as to Validity of Rule, as to Applicability 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.
  • Ala. Code § 41-22-12Notice and Opportunity for Hearing in Contested Cases; Contents of 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 at Oral Proceedings; Recordings and Transcripts of Oral Proceedings.2 cites
  • Ala. Code § 41-22-13Rules of Evidence in Contested Cases.
  • Ala. Code § 41-22-14Intervention in Contested Cases.1 cite
  • Ala. Code § 41-22-15Majority Requirement for Adoption of Final Decision in Contested Cases; Use of Proposed Orders in Cases Where Any Official Is Unfamiliar with the Case; Finality of Proposed Orders.
  • Ala. Code § 41-22-16Form and Content of Final Order; When Final Order to Be Rendered; Service of Notice and Copies of Final Order.1 cite
  • Ala. Code § 41-22-17Filing of Application for Rehearing in Contested Cases; Form and Content; Effect of Application on Final Order; Grounds for Rehearing; Service of Application on Parties of Record; Agency Decision on Application.
  • Ala. Code § 41-22-18Disqualification from Participation in Proposed Order or Final Decision Based Upon Conflict of Interest or Personal Bias.
  • Ala. Code § 41-22-19Grant, Denial, Renewal, Etc., of Licenses.
  • Ala. Code § 41-22-2Legislative Intent and Purpose; Effect on Substantive Rights; Applicability; Rulemaking Authority.3 cites
  • Ala. Code § 41-22-20Judicial Review of Preliminary, Procedural, Etc., Actions or Rulings and Final Decisions in Contested Cases. (Amended by Act 2026-319)10 cites
  • Ala. Code § 41-22-21Appeal of Final Judgment of Circuit Court Under Section 41-22-20.
  • Ala. Code § 41-22-22Joint Committee on Administrative Rule Review.
  • Ala. Code § 41-22-22.1Review of Board and Commission Rules and Actions by Legislative Services Agency, Legal Division, and Joint Committee on Administrative Rule Review; Fees.1 cite
  • Ala. Code § 41-22-23Submission and Review of Proposed Rules; Fiscal Note Required for Rules with Economic Impact.
  • Ala. Code § 41-22-24Reconsideration of Disapproved Rules by the Legislature.
  • Ala. Code § 41-22-25Construction and Applicability of Chapter.1 cite
  • Ala. Code § 41-22-26Repeal of Inconsistent Laws.
  • Ala. Code § 41-22-27Effective Date of Chapter; Validity, Review, Etc., of Existing Rules; Disposition of Certain Cases and Proceedings.1 cite
  • Ala. Code § 41-22-3Definitions.2 cites
  • Ala. Code § 41-22-4Adoption by Agencies of Rules Governing Organization, Practice, Etc.; Public Access to Rules, Orders, Etc.; Effect of Rules, Orders, Etc., Not Made Available to Public.
  • Ala. Code § 41-22-5Notice of Intent to Adopt, Amend, or Repeal Rules; Adoption of Emergency Rules; Procedural Requirements; Proceedings to Contest Rules.
  • Ala. Code § 41-22-5.1Public Notification of Proposed Rules; Business Economic Impact Statement; Applicability.
  • Ala. Code § 41-22-5.3State Government › Administrative Procedure
  • Ala. Code § 41-22-6Designation and Duties of Agency Secretaries; Effective Dates of Rules.2 cites
  • Ala. Code § 41-22-8Form for Petition for Adoption, Amendment, or Repeal of Rules; Procedure Upon Submission of Petition.
  • Ala. Code § 41-22-9Adoption by Reference of Codes, Standards, and Regulations of Other 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.

Enacted in other states

Alaska, Arkansas, California, Colorado, Florida, Hawaii, Iowa, Idaho, Illinois, Louisiana, Maine, Minnesota, Montana, Nebraska, New Jersey, Nevada, Texas, Vermont, Wyoming

All Alabama named statutes →

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