Agency Rulemaking Petition - Alabama

PETITION FOR AGENCY RULEMAKING — ALABAMA

COVER LETTER

[__/__/____]

[________________________________]
[Agency Head / Administrator Name]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, Alabama ZIP Code]

Re: Petition for Rulemaking Pursuant to Ala. Code § 41-22-8 — Request to [____] Adopt [____] Amend [____] Repeal Rule(s) Concerning [________________________________]

Dear [________________________________]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to Section 41-22-8 of the Code of Alabama by [________________________________] ("Petitioner"). This petition respectfully requests that [________________________________] ("the Agency") initiate rulemaking proceedings to [adopt/amend/repeal] rules concerning [________________________________].

Under Ala. Code § 41-22-8, each agency shall prescribe by rule the form for a petition and the procedure for its submission, consideration, and disposition. Petitioner has endeavored to comply with both the statutory requirements and any applicable agency-specific petition procedures.

The Agency is required to respond to this petition within thirty (30) days by either denying the petition in writing with a concise statement of reasons, or initiating rulemaking proceedings in accordance with Ala. Code § 41-22-5.

Please acknowledge receipt and direct all correspondence regarding this petition to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Respectfully submitted,

_________________________________________
[Petitioner Name / Authorized Representative]
[Title / Position]
[Organization, if applicable]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF ALABAMA

PETITION FOR [____] ADOPTION [____] AMENDMENT [____] REPEAL OF RULE

Petition No.: [________________________________] (assigned by agency)
Date Filed: [__/__/____]

I. PETITIONER INFORMATION

Petitioner's Interest in the Proposed Rulemaking:

[________________________________]
[________________________________]
[________________________________]

☐ Petitioner is an individual directly affected by the existing or proposed rule
☐ Petitioner is a business entity regulated by the Agency
☐ Petitioner is a trade or professional association representing affected members
☐ Petitioner is a nonprofit or advocacy organization with a stated interest
☐ Petitioner is a local government entity
☐ Other interest: [________________________________]

II. STATUTORY AUTHORITY FOR PETITION

This petition is filed pursuant to Ala. Code § 41-22-8, which provides:

"Each agency shall prescribe by rule the form for a petition requesting the adoption, amendment, or repeal of a rule and the procedure for the submission, consideration and disposition of such petitions."

Key Statutory Provisions:

• Ala. Code § 41-22-8 — Establishes the right to petition an agency for the adoption, amendment, or repeal of a rule
• Ala. Code § 41-22-5 — Governs the notice and comment rulemaking process
• Ala. Code § 41-22-3 — Defines "rule" and "rulemaking" under the Alabama APA

The Agency possesses rulemaking authority under:

1. Organic Statute: [________________________________]
2. Specific Rulemaking Grant: [________________________________]
3. Subject-Matter Authority: [________________________________]

III. IDENTIFICATION OF RULE AT ISSUE

Type of Action Requested:

☐ Adoption of a new rule
☐ Amendment of an existing rule
☐ Repeal of an existing rule
☐ Amendment and partial repeal of an existing rule

Existing Rule (if amendment or repeal):

Subject Area for New Rule (if adoption):

[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND JUSTIFICATION

A. Current Problem or Deficiency

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Factual Background

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Action Addresses the Problem

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Consequences of Inaction

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE TEXT

Petitioner proposes the following rule language (or substantially similar language achieving the same purposes):

For New Rules or Amendments — Proposed Text:

Ala. Admin. Code r. [________________________________]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Amendments — Redline Showing Changes to Existing Text:

(Strikethrough indicates deletions; underline indicates additions)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Repeal:

Petitioner requests the repeal in its entirety of Ala. Admin. Code r. [________________________________], effective [________________________________].

VI. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The Agency is authorized to promulgate rules under:

1. [________________________________] — [describe scope of authority]
2. [________________________________] — [describe scope of authority]
3. [________________________________] — [describe scope of authority]

B. Compliance with the Alabama APA

Under Ala. Code § 41-22-5, prior to the adoption, amendment, or repeal of any rule, the agency must:

1. Give at least 35 days' notice of its intended action by publication in the Alabama Administrative Monthly
2. Afford all interested persons reasonable opportunity to submit data, views, or arguments
3. Consider fully all submissions before adopting the final rule
4. File the adopted rule with the Legislative Reference Service

The proposed action complies with these requirements because:

[________________________________]
[________________________________]

C. Constitutional Considerations

[________________________________]
[________________________________]

D. Federal Preemption Analysis

☐ No federal preemption issues exist
☐ Federal preemption analysis is attached (Exhibit [____])

[________________________________]
[________________________________]

E. Consistency with Other State Rules

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

B. Small Business Impact

[________________________________]
[________________________________]
[________________________________]

Number of small businesses potentially affected: [________________________________]
Nature of impact on small businesses: [________________________________]
Proposed alternatives to reduce small business burden: [________________________________]

(Note: Under Ala. Code § 41-22-5.1, agencies must consider the impact of proposed rules on small businesses and may be required to prepare a small business impact statement.)

C. Regulatory Impact

[________________________________]
[________________________________]

D. Fiscal Impact on State and Local Government

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. Public Health and Safety: [________________________________]

2. Consumer Protection: [________________________________]

3. Environmental Protection: [________________________________]

4. Economic Development: [________________________________]

5. Government Efficiency: [________________________________]

6. Regulatory Clarity and Consistency: [________________________________]

7. Alignment with Legislative Intent: [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

☐ Technical or scientific studies
☐ Economic data and cost-benefit analysis
☐ Stakeholder letters of support
☐ Comparative analysis of other state approaches
☐ Federal regulatory guidance or requirements
☐ Draft rule text markup / redline
☐ Legislative history or committee reports
☐ Agency-prescribed petition form (if applicable)

X. COMPLIANCE WITH AGENCY-SPECIFIC PETITION PROCEDURES

Under Ala. Code § 41-22-8, each agency is required to prescribe by rule the form and procedure for rulemaking petitions. Petitioner represents the following regarding compliance:

☐ Petitioner has reviewed the Agency's procedural rules for rulemaking petitions
☐ Petitioner has used the Agency's prescribed petition form (attached as Exhibit [____])
☐ The Agency has not prescribed a specific petition form; this petition follows the statutory requirements
☐ Petitioner has contacted the Agency to confirm filing procedures

Agency-Specific Petition Rule Citation (if applicable): [________________________________]

XI. REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] ("the Agency"):

1. Acknowledge receipt of this petition and assign a tracking number or docket designation;

2. Consider this petition in accordance with Ala. Code § 41-22-8 and applicable agency procedures;

3. Within thirty (30) days of submission, either:
   - (a) Initiate rulemaking proceedings in accordance with Ala. Code § 41-22-5, or
   - (b) If denying the petition, provide a concise written statement of reasons for denial;

4. If rulemaking is initiated, provide proper notice through the Alabama Administrative Monthly and afford opportunity for public comment as required by Ala. Code § 41-22-5;

5. Consider the proposed rule text set forth in Section V or substantially similar language; and

6. Provide Petitioner with copies of all agency actions taken in response to this petition.

XII. VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the statements in this petition are true and correct to the best of my knowledge and belief.

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed Name

_________________________________________
Title / Position

_________________________________________
Organization (if applicable)

ALABAMA FILING INSTRUCTIONS

Where to File

Filing Methods

☐ U.S. Mail — Send original plus [____] copies to agency address
☐ Hand Delivery — Deliver to agency offices during business hours (request date-stamped receipt)
☐ Electronic Filing — Where accepted by the agency; confirm format and submission requirements
☐ Agency Online Portal — Check agency website for electronic submission options

Pre-Filing Checklist

☐ Review the Alabama Administrative Code for existing rules on the subject
☐ Check the Alabama Administrative Monthly for pending rulemaking actions
☐ Determine if the agency has prescribed a specific petition form under § 41-22-8
☐ Contact the agency's rule coordinator to confirm filing requirements
☐ Verify the agency has rulemaking authority over the subject matter
☐ Confirm proper mailing address or filing location
☐ Retain a date-stamped copy of the filed petition

AGENCY RESPONSE REQUIREMENTS — ALABAMA

Statutory Timeline and Obligations

Under Ala. Code § 41-22-8, when an agency receives a petition for rulemaking:

If the Agency Initiates Rulemaking

Under Ala. Code § 41-22-5, the agency must:

1. Give at least thirty-five (35) days' notice of intended action
2. Publish notice in the Alabama Administrative Monthly
3. State the substance of the proposed rule or a description of subjects and issues
4. Afford all interested persons reasonable opportunity to submit data, views, or arguments
5. Consider fully all written and oral submissions
6. File the adopted rule with the Legislative Reference Service

Tracking Your Petition

☐ Date petition filed: [__/__/____]
☐ Method of filing: [________________________________]
☐ Confirmation or tracking number received: [________________________________]
☐ 30-day response deadline: [__/__/____]
☐ Agency contact for follow-up: [________________________________]
☐ Date of agency response: [__/__/____]
☐ Agency action: ☐ Denied ☐ Rulemaking initiated

APPEAL OF DENIAL

Judicial Review Under Ala. Code § 41-22-20

If the agency denies the petition, the petitioner may seek judicial review in circuit court.

Standards for Judicial Review (Ala. Code § 41-22-20):

A person who has exhausted all administrative remedies and who is aggrieved by a final decision in a contested case is entitled to judicial review. The court may reverse or modify an agency decision if:

1. The agency acted in violation of constitutional or statutory provisions
2. The agency exceeded its statutory authority
3. The agency acted upon unlawful procedure
4. The agency's action was affected by error of law
5. The agency's findings were not supported by substantial evidence
6. The agency's action was arbitrary, capricious, or characterized by an abuse of discretion

Filing Requirements for Judicial Review:

Steps to Appeal a Denial:

☐ Obtain written denial with concise statement of reasons
☐ Review the denial for compliance with Ala. Code § 41-22-8
☐ Consult with an attorney regarding the merits of judicial review
☐ File a petition for judicial review in circuit court within 30 days
☐ Serve the agency and the Attorney General
☐ Request the administrative record from the agency
☐ File briefs and appear for hearing as scheduled by the court

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter addressed to agency head
☐ Formal Petition for Rulemaking (this document, completed)
☐ Proposed rule text (new rule, amendment redline, or repeal request)
☐ Statement of need and justification
☐ Identification of statutory authority
☐ Agency-prescribed petition form (if applicable)
☐ Verification and signature

Recommended Supporting Documents

☐ Economic impact analysis
☐ Small business impact statement
☐ Technical or scientific studies supporting the petition
☐ Letters of support from stakeholders
☐ Comparative analysis of other jurisdictions' rules
☐ Federal regulatory guidance (if relevant)
☐ Legislative history or policy analysis
☐ Fiscal impact analysis

Filing Copies

☐ Original petition with original signature
☐ [____] copies for agency files (confirm number with agency)
☐ One copy retained by petitioner with date-stamp or filing confirmation
☐ Electronic copy saved for petitioner's records

PRACTICE TIPS FOR ALABAMA RULEMAKING PETITIONS

Before Filing

1. Check for agency-specific petition forms. Under Ala. Code § 41-22-8, each agency prescribes its own petition form and procedures. Always contact the agency first to request the correct form.

2. Review the Alabama Administrative Code. Search the Alabama Administrative Code through the Legislative Reference Service website for existing rules and recently adopted changes on the subject matter.

3. Monitor the Alabama Administrative Monthly. Check for pending rulemaking actions that may overlap with or affect your petition.

4. Understand the Joint Committee on Administrative Regulation Review. This legislative committee reviews agency rules. Rules that fail committee review may be subject to additional legislative scrutiny.

5. Build a coalition. Petitions supported by industry groups, professional associations, or public interest organizations are more likely to receive favorable consideration.

Drafting the Petition

6. Provide specific regulatory language. Draft actual rule text rather than general policy requests. Agencies are more likely to act on petitions that include well-crafted regulatory language.

7. Address the rulemaking standards. Under Ala. Code § 41-22-5, rules must be within the agency's statutory authority and consistent with legislative intent. Demonstrate both in your petition.

8. Include a cost-benefit analysis. Quantify the economic impact of the proposed rule change. Address effects on small businesses as required by § 41-22-5.1.

9. Reference the Legislative Reference Service filing requirements. All adopted rules must be filed with the Legislative Reference Service, so demonstrate that the proposed rule is compatible with filing requirements.

10. Address federal coordination. If the proposed rule implements federal requirements, explain the federal-state regulatory relationship clearly.

After Filing

11. Calendar the 30-day deadline. The agency must respond within 30 days. Follow up promptly if no response is received by that date.

12. Prepare for public comment participation. If the agency initiates rulemaking, participate actively in the public comment period. Submit detailed written comments supporting the proposed rule.

13. Monitor the Alabama Administrative Monthly. Watch for notice of proposed rulemaking action related to your petition.

14. Document all communications. Keep copies of all correspondence with the agency, including proof of filing dates and agency responses.

15. Consider legislative alternatives. If the petition is denied, consider whether the policy goal can be achieved through legislation rather than rulemaking.

SOURCES AND REFERENCES

• Ala. Code § 41-22-8 — Petition for Adoption, Amendment, or Repeal of Rules
  https://law.justia.com/codes/alabama/title-41/chapter-22/

• Ala. Code § 41-22-5 — Notice and Comment Rulemaking Procedures
  https://law.justia.com/codes/alabama/title-41/chapter-22/

• Ala. Code § 41-22-20 — Judicial Review of Agency Decisions
  https://law.justia.com/codes/alabama/title-41/chapter-22/

• Alabama Administrative Code — Legislative Reference Service
  https://admincode.legislature.state.al.us/

• Alabama Administrative Monthly — Publication of Proposed Rules
  https://admincode.legislature.state.al.us/

• Alabama Administrative Procedure Act Overview — Ballotpedia
  https://ballotpedia.org/Alabama_Administrative_Procedure_Act

This template is provided for informational purposes only and does not constitute legal advice. Users must consult with a qualified attorney licensed in Alabama before filing a petition for rulemaking. Individual agencies may prescribe additional forms and procedures under Ala. Code § 41-22-8 that must be followed. Last updated: 2026-03-08.