Alabama State Administrative Law

Proposal

1. The Legislative Services Agency requires that each state agency that is initiating a proposal submit:
   • A transmittal sheet
   • Notice
   • A copy of the text of the proposal with the proposed language that is to added/edited highlighted
   • If the LSA determines that the rule will have an economic impact, the agency must also attach and Economic Impact Statement
2. The agency proposing the new rule/amendment must specify a notice and comment period of 35-90 days following the publication of the proposal in Alabama Administrative Monthly
   • This notice should provide a clear and reasonable method for how the agency will accept comments
3. Before adopting the final rule, the proposing agency must "consider fully all written and oral submissions respecting a proposed rule"

Economic Impact Statement

If the proposed new rule or rule amendment would have an economic impact on public if it is adopted, the Alabama Administrative Procedure Act requires the proposing agency to submit a fiscal note with their proposal. The agency is responsible for preparing the fiscal note using the Economic Impact Statement Form created by the Legislative Services Agency, which generally tracks information required by Section 41-22-23 of the Code of Alabama 1975. At a minimum, the fiscal note must include:

1. The need for the rule and the expected benefit of the rule;
2. The costs and benefits associated with the rule and an explanation of why the rule is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose;
3. The effect of the rule on competition;
4. The effect of the rule on the cost of living and doing business in the geographical area in which the rule would be implemented;
5. The effect of the rule on employment in the geographical area in which the rule would be implemented;
6. The source of revenue to be used for implementing and enforcing the rule;
7. The short-term and long-term economic impact upon all persons substantially affected by the rule, including an analysis containing a description of who will bear the costs of the rule and who will benefit directly and indirectly from the rule;
8. The uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the rule shall consider qualitative and quantitative benefits and burdens;
9. The effect of the rule on the environment and public health; and
10. The detrimental effect on the environment and public health if the rule is not implemented.

Certification of Final Rule

1. Certification of the final rule to the Legislative Services Agency must happen within 90 days of the final date for comments that is listed on the agency's proposal and within 15 days of transmission of the final adopted rule to the agency's Administrative Procedure Secretary
   1. Certification may occur as soon as the day following completion of the notice
   2. If it doesn't occur within 90 days, the agency must start the process over by submitting a new proposal
2. After considering all comments received during the notice period, the agency's Board or governing authority will meet to adopt the final rule
3. The agency may decide to adopt the final rule either with or without changes in response to the comments, however, if the agency receives conflicting views during the comment period, they are required to issue a concise statement on the principal reasons for or against the adoption of the rule
   1. This statement should specify the agency's reason for overruling any consideration urged against the adoption of the rule
4. Once the agency adopts the final rule, it must transmit a copy of the final adopted rule to the agency's Administrative Procedure Secretary
5. This Secretary has 15 days to certify the final adopted rule by filing it with the Legislative Services Agency
6. After the Legislative Services Agency receives the final certification, they will publish the certification in the next issue of the Alabama Administrative Monthly
7. Unless the agency specifies a later date, the rule will become effective 45 days following the publication of the certification in the Alabama Administrative Monthly

Alabama's Administrative Procedure Act allows for an agency to adopt an emergency rule using an expedited process in two scenarios:

1. The rule is necessary because of an issue that is deemed to be an immediate danger to the public health, safety, or welfare, or

2. If a federal law or regulation requires immediate adoption. 

The rule becomes effective once it is filed with the Legislative Services Agency. For emergency rules, there is no required notice period and the APA doesn't provide a process for review by the Joint Committee. However, the rule isn't permanent and expires after no more than 120 days. The Agency may not adopt a new rule of the same or similar subject for the next nine months following the expiration of the emergency rule unless the Agency clearly establishes that it could not have foreseen during the initial 120 days that the emergency would continue or would likely reoccur during the following nine months. 

These emergency rules are strictly construed and are not valid except to the extent necessary to prevent, mitigate, or resolve an immediate danger to the public's health, safety, or welfare. When these emergency rules are adopted, the Agency must make reasonable efforts to apprise persons who may be affected.

For more information about the Alabama Administrative Code's regulatory process, please check out the Alabama Legislature's page Rulemaking under the Alabama Administrative Procedure Act.