Any individual or organization can petition the Board to issue a declaratory ruling if substantially impacted by the Board’s statutes or regulations. The particular ABN Administrative Code addressing the requirements follows.610-X-1-.09 Declaratory Rulings

Any person substantially affected by a rule may petition the Board for a declaratory ruling with respect to the validity of a rule or the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the Board.

(1) The petition shall be in writing and shall include:

(a) The name and address of the petitioner.
(b) A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule.
(c) The rule, statute or order and the reasons for the questions.

(2) Failure of the Board to issue a declaratory ruling within forty-five days of date of receipt of request shall constitute a denial of the request.

(3) Circumstances in which rulings shall not be issued include but are not necessarily limited to:

(a) Lack of jurisdiction.
(b) Lack of clarity of the issue presented.
(c) No clear answer determinable.

Author: Alabama Board of Nursing
Statutory Authority: Code of Alabama, 1975, § 41-22-11.
History: Effective September 29, 1982. Amended March 24, 1984. Filed September 20, 2002. Effective October 25, 2002.