Code of Alabama
Ala. Code § 41-22-10 (2026)
Action for Declaratory Judgment as to Validity or Applicability of Rule; Stay of Enforcement of Rule by Injunction.
✓ official Alabama Legislature (ALISON) text, current July 2026
The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless otherwise specifically provided by statute, if the court finds that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. In passing on such rules the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without substantial compliance with rule-making procedures provided for in this chapter.
(Acts 1981, No. 81-855, p. 1534, §10.)
Notes of Decisions
Cited in 40
cases (17 in the last 5 years), 1986–2026 · leading case: Sparks v. Alabama State Bd. of Chiropractic Examiners, 11 So. 3d 221 (Ala. Civ. App. 2007).
Sparks v. Alabama State Bd. of Chiropractic Examiners, 11 So. 3d 221 (Ala. Civ. App. 2007). “Moreover, § 41-22-10, Ala.Code 1975, provides as follows: *226 "The validity or applicability of a [State agency's] rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless…”
RCHP-Florence, LLC v. Colbert Cnty. Nw. Alabama Health Care Auth., 155 So. 3d 1005 (Ala. Civ. App. 2013). “RCHP-Florence also argues that, even if its first claim failed to invoke the circuit court’s jurisdiction, its second claim, which stated a claim for a declaratory ruling by the circuit court pursuant to § 41-22-10 and the Declaratory Judgment Act, and its third claim, which…”
Prime Lithotripter Oper. v. Lithomedtech of Alabama, LLC, 855 So. 2d 1085 (Ala. Civ. App. 2001). “" UroVenture and the four hospitals then sued SHPDA and its executive director in his official capacity, seeking declaratory and injunctive relief pursuant to § 41-22-10, Ala.Code 1975, and Rules 57 and 65, Ala.”
HEALTH CARE AUTH. OF ATHENS v. Statewide Health Coordinating Council, 988 So. 2d 574 (Ala. Civ. App. 2008). “if the court finds that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.”
Ex Parte Traylor Nursing Home, Inc., 543 So. 2d 1179 (Ala. 1988). “Ala.Code 1975, § 41-22-10 (1982 Repl.Vol.”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018). “1990), our supreme court concluded that § 41-22-10 does "not preclude a circuit court from entertaining a declaratory judgment action and do[es] not require that a petition be filed with a state agency under [ § 41-22-11, Ala.”
Hancock v. Buckner, 50 So. 3d 1083 (Ala. Civ. App. 2010). “(1975), as codified within Ala.Code § 41-22-10 (1975), as contemplated by Rule [5]7, Ala.”
HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., 207 So. 3d 14 (Ala. Civ. App. 2015). “Although Shelby Ridge sought an adjudication by the trial court of the issue whether SHPDA had jurisdiction over the application for the relocation-bed CON by filing a complaint for a declaratory ruling pursuant to § 41-22-10, Ala. Code 1975, and the Declaratory Judgment Act,…”
State Pers. Bd. v. Cook, 544 So. 2d 166 (Ala. Civ. App. 1988). “” The applicable provisions of the AAPA in regard to declaratory relief provide in part: “§ 41-22-10. The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of…”
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986). “" It would have been desirable, in view of the "justiciable controversy" which obviously was surfacing over the so-called "crossover rule," had the SDEC or Baxley sought a declaratory judgment, as authorized by the Alabama Administrative Procedure Act, § 41-22-10, or under the…”
Pleasure Island Ambulatory Surgery Ctr., LLC v. State Health Plan. & Dev. Agency, 38 So. 3d 739 (Ala. Civ. App. 2008). “We note also that § 41-22-10, Ala.Code 1975, permits a declaratory-judgment action challenging the validity or applicability of a rule to be filed initially in the Montgomery Circuit Court.”
Select Specialty Hospitals, Inc. v. Alabama State Health Plan. & Dev. Agency, 112 So. 3d 475 (Ala. Civ. App. 2012). “See § 41-22-10(k)(5), Ala.Code 1975. Accordingly, we reverse the circuit court’s judgment and remand the cause with instructions to remand the matter to SHPDA for a determination as to whether the Brookwood Medical Center and UAB Hospital letters alone satisfy the requirement of…”
— Ala. Code § 41-22-10(k)(5) — 1 case
Select Specialty Hospitals, Inc. v. Alabama State Health Plan. & Dev. Agency, 112 So. 3d 475 (Ala. Civ. App. 2012). “See § 41-22-10(k)(5), Ala.Code 1975. Accordingly, we reverse the circuit court’s judgment and remand the cause with instructions to remand the matter to SHPDA for a determination as to whether the Brookwood Medical Center and UAB Hospital letters alone satisfy the requirement of…”
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