(a) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public; and, save for express provisions of this act to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are in addition to those provided herein.
(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the following:
a. Provide legislative oversight of powers and duties delegated to administrative agencies.
b. Increase public accountability of administrative agencies.
c. Simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions.
d. Increase public access to governmental information.
e. Increase public participation in the formulation of administrative rules.
f. Increase the fairness of agencies in their conduct of contested case proceedings.
g. Simplify the process of judicial review of agency action as well as increase its ease and availability.
(2) In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical, and effective government administration.
(c) This chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.
(d) Every state agency having express statutory authority to adopt rules shall be governed by this chapter and any additional provisions required by statute, and shall also have the authority to amend or repeal rules, and to prescribe methods and procedures required in connection therewith. Nothing in this chapter shall be construed as granting to any agency the authority to adopt rules.
(e) All agencies whose rules or administrative decisions are subject to approval by the Supreme Court of Alabama and the Department of Insurance of the State of Alabama are exempted from this chapter.
(Acts 1981, No. 81-855, p. 1534, §2; Act 2019-498, §1.)
Notes of Decisions
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986).
· cites it 7× “) The commentary to this section points out that § 41-22-25 provides that the Act "shall be construed broadly to effectuate its purposes," which are enumerated in this section (§ 41-22-2). The commentary further states: "Thus, it is the intent of this act that the specific…”
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
· cites it 2× “" Ala.Code 1975, § 41-22-2(a). [15] Indeed, the only mandatory language appearing anywhere in the statute or the regulations that has any relation to this issue is the mandatory language in § 25-5-77(a) providing that "[a]ll cases of dispute as to the necessity.”
Kimberly Arrington v. Bill Fuller, 438 F.3d 1336 (11th Cir. 2006).
“” Ala.Code § 41-22-2(a) (1975). Among the AAPA’s basic procedural protections is the guarantee, “[i]n a contested case, that all parties shall be afforded an opportunity for hearing after reasonable notice in writing.”
Hand v. State Dept. of Human Resources, 548 So. 2d 171 (Ala. Civ. App. 1988).
· cites it 3× “That statutory provision, which describes the legislative intent in enacting the AAPA, adds that "[n]othing in [the] chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public.”
Jefferson Cnty. v. ACJIC, 620 So. 2d 651 (Ala. 1993).
· cites it 3× “This conclusion is flawed because the opinion fails to address § 41-22-2(a), a part of the AAPA, which states: "This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the…”
Eley v. Med. Licensure Com'n of Alabama, 904 So. 2d 269 (Ala. Civ. App. 2003).
· cites it 2× “' § 41-22-2(a).... "The statute also provides that one of the purposes of the AAPA is `[t]o simplify the process of judicial review of agency action as well as increase its ease and availability.”
Stiff v. Alabama Alcoholic Bev. Control Bd., 878 So. 2d 1138 (Ala. 2003).
“" § 41-22-2(c), Ala.Code 1975. [14] Justice Houston did not attend oral argument; however, on September 18, 2002, he watched the videotape of the September 10, 2002, oral argument.”
Ex Parte Worley, 46 So. 3d 916 (Ala. 2009).
“" § 41-22-2(b)(7), Ala. Code 1975. To allow a plaintiff to raise issues in court that have been addressed by an administrative agency, without having exhausted that administrative process, would frustrate the orderly administration of justice.”
— Ala. Code § 41-22-2(2) — 1 case
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986).
“) The commentary to this section points out that § 41-22-25 provides that the Act "shall be construed broadly to effectuate its purposes," which are enumerated in this section (§ 41-22-2). The commentary further states: "Thus, it is the intent of this act that the specific…”
— Ala. Code § 41-22-2(4) — 1 case
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986).
“) The commentary to this section points out that § 41-22-25 provides that the Act "shall be construed broadly to effectuate its purposes," which are enumerated in this section (§ 41-22-2). The commentary further states: "Thus, it is the intent of this act that the specific…”
— Ala. Code § 41-22-2(a) — 18 cases
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
“" Ala.Code 1975, § 41-22-2(a). [15] Indeed, the only mandatory language appearing anywhere in the statute or the regulations that has any relation to this issue is the mandatory language in § 25-5-77(a) providing that "[a]ll cases of dispute as to the necessity.”
Kimberly Arrington v. Bill Fuller, 438 F.3d 1336 (11th Cir. 2006).
“” Ala.Code § 41-22-2(a) (1975). Among the AAPA’s basic procedural protections is the guarantee, “[i]n a contested case, that all parties shall be afforded an opportunity for hearing after reasonable notice in writing.”
Hand v. State Dept. of Human Resources, 548 So. 2d 171 (Ala. Civ. App. 1988).
“That statutory provision, which describes the legislative intent in enacting the AAPA, adds that "[n]othing in [the] chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public.”
Eley v. Med. Licensure Com'n of Alabama, 904 So. 2d 269 (Ala. Civ. App. 2003).
“' § 41-22-2(a).... "The statute also provides that one of the purposes of the AAPA is `[t]o simplify the process of judicial review of agency action as well as increase its ease and availability.”
— Ala. Code § 41-22-2(b) — 6 cases
— Ala. Code § 41-22-2(b)(6) — 1 case
— Ala. Code § 41-22-2(b)(7) — 7 cases
Eley v. Med. Licensure Com'n of Alabama, 904 So. 2d 269 (Ala. Civ. App. 2003).
“' § 41-22-2(a).... "The statute also provides that one of the purposes of the AAPA is `[t]o simplify the process of judicial review of agency action as well as increase its ease and availability.”
Ex Parte Worley, 46 So. 3d 916 (Ala. 2009).
“" § 41-22-2(b)(7), Ala. Code 1975. To allow a plaintiff to raise issues in court that have been addressed by an administrative agency, without having exhausted that administrative process, would frustrate the orderly administration of justice.”
Hand v. State Dept. of Human Resources, 548 So. 2d 171 (Ala. Civ. App. 1988).
“That statutory provision, which describes the legislative intent in enacting the AAPA, adds that "[n]othing in [the] chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public.”
— Ala. Code § 41-22-2(c) — 2 cases
Stiff v. Alabama Alcoholic Bev. Control Bd., 878 So. 2d 1138 (Ala. 2003).
“" § 41-22-2(c), Ala.Code 1975. [14] Justice Houston did not attend oral argument; however, on September 18, 2002, he watched the videotape of the September 10, 2002, oral argument.”
— Ala. Code § 41-22-2(d) — 4 cases
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986).
“) The commentary to this section points out that § 41-22-25 provides that the Act "shall be construed broadly to effectuate its purposes," which are enumerated in this section (§ 41-22-2). The commentary further states: "Thus, it is the intent of this act that the specific…”
Jefferson Cnty. v. ACJIC, 620 So. 2d 651 (Ala. 1993).
“This conclusion is flawed because the opinion fails to address § 41-22-2(a), a part of the AAPA, which states: "This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the…”
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