(a) All rules, regulations or standards shall be adopted by and promulgated by the Environmental Management Commission. With the exception of editorial changes, no rule, regulation or standard shall be adopted, amended or repealed unless such rule, regulation or standard has been reviewed by the director and until after a public hearing has been held. Unless different notice provisions are specifically required elsewhere by law, at least 45 days prior to the scheduled date of the hearing the department shall give notice of such hearing by public advertisement in the three newspapers of this state with the largest regional circulation of the date, time, place and purpose of such hearing; and make available to any person upon request copies of the proposed rules, regulations or standards, together with summaries of the reasons supporting their adoption, amendment or repeal.
(b) Any public hearing relating to the adoption, amendment or repeal of department rules, regulations or standards under this section shall be held before a department representative, who shall be designated by the Environmental Management Commission. All such hearings shall be open to the public, and reasonable opportunity to be heard with respect to the subject of the hearing shall be afforded to any person. All testimony taken before the department representative shall be recorded and transcribed. The transcript, any exhibits or any written submissions to the department in relation to such hearings shall be open to public inspection.
(c) After such hearing, the department may revise the proposed rules, regulations or standards, before adoption in response to testimony, written submissions or exhibits introduced at the hearing, without conducting a further hearing on the revisions.
(d) Nothing in this section shall be construed to require a hearing prior to the issuance of any temporary emergency rule or regulation.
(Acts 1982, No. 82-612, p. 1111, §8.)
Notes of Decisions
Dep't of Env't Mgmt. v. Leaf, 922 So. 2d 101 (Ala. Civ. App. 2005).
· cites it 7× “Code 1975, § 41-22-9; (2) that the reference to the list adopts future matter by reference in violation of Ala.Code 1975, §§ 22-22A-8 and 41-22-5; and (3) that the reference to the list improperly delegates environmental rulemaking authority to the EPA.”
Ex Parte Legal Environ. Assistance Found., Inc., 832 So. 2d 61 (Ala. 2002).
· cites it 4× “Code 1975, which ADEM could not legally adopt without complying with the rulemaking provisions of the AAPA and the rulemaking provisions of the AEMA in § 22-22A-8, Ala.Code 1975. The second issue is whether the EPA required the adoption of the particular forms and procedures in…”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018).
· cites it 3× “In count II, the plaintiffs asserted that the documents were adopted without substantial compliance with Ala. Code 1975, § 22-22A-8, which requires publication of notice on proposed rules, and that the documents are invalid as a result.”
Marshall Durbin & Co. of Jasper v. Env't Mgmt. Comm'n, 519 So. 2d 962 (Ala. Civ. App. 1987).
· cites it 2× “The procedure to be followed by the Commission in adopting, amending, or repealing rules, regulations, or standards is set out in Ala. Code (1975), § 22-22A-8. When the Commission held its May 1985 meeting, it was determined that there were no existing procedural regulations to…”
— Ala. Code § 22-22A-8(a) — 3 cases
Ex Parte Legal Environ. Assistance Found., Inc., 832 So. 2d 61 (Ala. 2002).
“Code 1975, which ADEM could not legally adopt without complying with the rulemaking provisions of the AAPA and the rulemaking provisions of the AEMA in § 22-22A-8, Ala.Code 1975. The second issue is whether the EPA required the adoption of the particular forms and procedures in…”
Dep't of Env't Mgmt. v. Leaf, 922 So. 2d 101 (Ala. Civ. App. 2005).
“Code 1975, § 41-22-9; (2) that the reference to the list adopts future matter by reference in violation of Ala.Code 1975, §§ 22-22A-8 and 41-22-5; and (3) that the reference to the list improperly delegates environmental rulemaking authority to the EPA.”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018).
“In count II, the plaintiffs asserted that the documents were adopted without substantial compliance with Ala. Code 1975, § 22-22A-8, which requires publication of notice on proposed rules, and that the documents are invalid as a result.”
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