Alabama § 41-22-6 - Designation and Duties of Agency Secretaries; Effective Dates of Rules.

§ 41-22-6. Designation and Duties of Agency Secretaries; Effective Dates of Rules.

(a) Each agency shall have an officer designated as its secretary and shall file in the office of the secretary of the agency a certified copy of each rule adopted by it, including all rules existing on October 1, 1981. Each rule adopted, whether the original or a revision, and all copies thereof, shall have the name or names of the author or authors, respectively, on its face. The secretary of the agency shall keep a permanent register of the rules open to public inspection.

(b) The secretary of each agency shall file in the office of the Legislative Services Agency, Legal Division, no later than 15 days after the filing with the secretary of the agency and within 90 days after completion of the notice, in a form and manner prescribed by the Legislative Services Agency, Legal Division, a certified copy of each rule adopted by it. If the agency was required to prepare a business impact analysis pursuant to subsection (c) of Section 41-22-5.1, the agency shall file the business impact analysis at the same time as the certified rule. As used in this section, “completion of notice” means the end of the notice period specified pursuant to subdivision (1) of subsection (a) of Section 41-22-5. A rule that is not filed with the Legislative Services Agency, Legal Division, within the time limits prescribed in this subsection is invalid. If the agency was required to prepare a business impact analysis and either fails to prepare the analysis or fails to file a copy of the analysis with the certified rule within the time limits specified in this section, the rule is invalid. The Legislative Services Agency, Legal Division, shall keep a permanent register of the rules open to public inspection.

(c) Each rule adopted is effective 45 days after a notice is published in the Alabama Administrative Monthly that the certified rule and, if required pursuant to subsection (c) of Section 41-22-5.1, the business impact analysis, has been filed with the Legislative Services Agency, Legal Division, unless it is any of the following:

(1) A rule for which a later date is required by statute or specified in the rule.

(2) A rule for which an earlier date is required by statute.

(3) An emergency rule adopted pursuant to subsection (b) of Section 41-22-5.

(4) A rule which the committee disapproves of or proposes an amendment for pursuant to Section 41-22-23.

(5) A rule that takes effect upon adjournment of the next legislative session following the completion of the appeal process as set forth in Section 41-22-23, if the Legislature fails to take action to disapprove the rule after approval by the Lieutenant Governor.

(d) The Legislative Services Agency, Legal Division, shall publish notice that a certified rule has been filed in its office no later than the next month after the certified rule is filed.