ALABAMA BOARD OF POLYGRAPH EXAMINERS ADMINISTRATIVE CODE

CHAPTER 740-X-1 RULES

TABLE OF CONTENTS

740-X-1-.01 Basis For These Rules And Regulations

740-X-1-.02 Petition For Adoption, Amendment Or Repeal Of A Rule

740-X-1-.03 Declaratory Rulings

740-X-1-.01 Basis For These Rules And Regulations. These rules and regulations are based upon the Alabama Polygraph Examiners Act, which is contained in Code of Ala. 1975,

34-24-1 through 34-25-36. The authority of the Alabama Board of Polyqraph Examiners to issue these regulations is found in the general provisions of the act and in the specific provision of Code of Ala. 1975, 34-25-5(a), and in the Alabama Administrative Procedure Act, Code of Ala. 1975,

41-22-1 through 41-22-27.

Author: Polygraph Examiners Board

Statutory Authority: Code of Ala. 1975, 34-25-5(a), 41-22-4.

History: Filed October 8, 1981.

740-X-1-.02 Petition For Adoption, Amendment Or Repeal Of A_ Rule.

(1) Any interested person may petition the Board requesting the adoption, amendment or repeal of a rule. The petition must be in writing and must include:

(a) The name and address of the petitioner.

(b) An exact statement of the proposed rule, amendment or identification of the rule to be repealed.

(c) The pertinent facts, data, opinions or arguments in support of the petitioner's position.

(2) Within 60 days after the submission of a petition, the Board must initiate rule-making proceedings or must deny the petition in writing on its merits, stating reasons for denial.

(3) A petition requesting the adoption, amendment, or repeal of a rule shall not be considered by the Board if the subject of the petition is the same as, or similar to, the subject presented in another petition considered by the Board within the previous 12 months.

Author: Polygraph Examiners Board

Statutory Authority: Code of Ala. 1975, 34-25-5(a), 41-22-4.

History: Filed February 7, 1984.

740-X-1-.03 Declaratory Rulings. Any person substantially affected by a rule may petition the Board for a declaratory ruling on whether a rule is valid or whether a rule or statute enforced by the Board is applicable to any person, property or state of facts or about the meaning and scope of any order of the Board.

(a) The petition must be in writing and must include:

1. The name and address of the petitioner.

2. A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule.

3. The rule, statute or order and the reasons for the questions.

(b) The petition will be considered and answered in writing by the Board within 45 days unless the Board is unable to reach a decision on the facts presented.

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

1. Lack of jurisdiction,

2. Lack of clarity concerning the issue presented,

3. No clear answer determinable.

(d) In the event the Board declines to issue a ruling, the petitioner must be notified in writing that the

request for a declaratory ruling was denied and the reasons for denial must be specified.

Author: Polygraph Examiners Board

Statutory Authority: Code of Ala. 1975, 34-25-5(a), 41-22-4.

History: Filed February 7, 1984.