Contents, Publication, and Availability of Administrative Material; Duties of Legislative Services Agency, Legal Division.

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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, electronic form, or both, 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 omitted shall be filed with the secretary, and exclusion from publication shall not affect their validity or effectiveness. The secretary shall publish a compilation of and index to all rules so omitted at least annually.

(c) The secretary of an agency shall make copies of the agency's administrative code available on an annual subscription basis, at cost.

(d) The secretary of an agency shall file with the Legislative Services Agency, Legal Division, not later than 15 days after filing with the secretary, all rules or amendments or repeal of rules adopted by the agency. In addition, the secretaries of the Alabama Public Service Commission and the Alabama State Port Authority, respectively, shall file with the Legislative Services Agency, Legal Division, not later than 15 days after filing with the secretary, all rules or amendments or repeal of rules adopted by the commission or authority.

(e) The Legislative Services Agency, Legal Division, shall establish and maintain an official register of rules which shall be compiled, indexed, published on the Internet, and kept up to date by the Legislative Services Agency, Legal Division. The register of rules shall be known as the Alabama Administrative Code and shall be made available to the public in electronic format. Supplementation shall be made as soon as is practicable following the effective date of each addition, amendment, or repeal of a rule. The Legislative Services Agency, Legal Division, shall devise a uniform numbering system for rules and may renumber rules before publication to conform with the system.

(f) The Legislative Services Agency, Legal Division, shall publish a monthly bulletin entitled the Alabama Administrative Monthly, which shall contain a statement of either the terms or substance of all rules filed during the preceding month, excluding rules in effect on October 1, 1982, together with other material required by law and such other material the agency or committee determines to be of general interest. The Legislative Services Agency shall publish the Alabama Administrative Monthly on the Internet on a website available to the general public for viewing at no subscription cost.

(g) The Legislative Services Agency, Legal Division, may omit from the Alabama Administrative Monthly and the Alabama Administrative Code rules that are general in form, but are applicable to only one county or a part thereof. Rules so omitted shall be filed with the Legislative Services Agency, Legal Division, and exclusion from publication shall not affect their validity or effectiveness. The Legislative Services Agency, Legal Division, shall publish a compilation of, and index to, all rules so omitted at least annually.

(h) The Legislative Services Agency, Legal Division, shall make copies of the Alabama Administrative Code and copies of the Alabama Administrative Monthly available on the Internet.

(i) The Legislative Services Agency, Legal Division, shall charge each agency using the Alabama Administrative Monthly a space rate computed to cover all publishing costs related to the Alabama Administrative Monthly and shall charge each agency a per page rate for each page published in the Alabama Administrative Code to cover costs incurred by the Legislative Services Agency, Legal Division, in publishing the Alabama Administrative Code.

(Acts 1981, No. 81-855, p. 1534, §7; Act 2003-192, 2003 1st Sp. Sess., p. 510, §1; Act 2019-498, §1; Act 2021-176, §1.)


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