(a) This chapter shall be construed broadly to effectuate its purposes. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on the date of the passage of this chapter or thereafter enacted. If any other statute in existence on the date of the passage of this chapter or thereafter enacted diminishes any right conferred upon a person by this chapter or diminishes any requirement imposed upon an agency by this chapter, this chapter shall take precedence unless the other statute expressly provides that it shall take precedence over all or some specified portion of this named chapter.
(b) Except as to proceedings in process on October 1, 1982, this chapter shall be construed to apply to all covered agency proceedings and all agency action not expressly exempted by this chapter or by another statute specifically referring to this chapter by name.
(Acts 1981, No. 81-855, p. 1534, §25; Acts 1986, No. 86-472, p. 880, §1.)
Notes of Decisions
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986).
· cites it 2× “) I reach my conclusion when I look at § 41-22-25, which deals with the construction *1378 and applicability of the Alabama Administrative Procedure Act and § 41-22-26, which repeals and replaces "all provisions in statutes of this state relating to rule making, agency orders,…”
Forest Manor, Inc. v. SHPDA, 723 So. 2d 75 (Ala. Civ. App. 1998).
· cites it 4× “Code 1975, is indeed "specifically related" to where appeals from a SHPDA final decision granting or denying a CON application *78 may be filed, Baldwin overlooks the application of § 41-22-25(a), a portion of the Alabama Administrative Procedure Act ("AAPA"), which provides…”
Jefferson Cnty. v. ACJIC, 620 So. 2d 651 (Ala. 1993).
· cites it 2× “Finally, we note that § 41-22-25, part of the AAPA, provides an unequivocal legislative mandate that the AAPA be broadly construed.”
Ex Parte Traylor Nursing Home, Inc., 543 So. 2d 1179 (Ala. 1988).
· cites it 2× “) Additionally, § 41-22-25 states that the AAPA should be construed broadly to effectuate the purpose of the act, which is to increase public interest and participation, as well as to increase governmental accountability.”
Mays v. Sabel Steel Servs., Inc., 500 So. 2d 467 (Ala. Civ. App. 1986).
· cites it 3× “Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on the date of the…”
Water Works Bd. of Birmingham v. Alabama Surface Mining Comm'n, 177 So. 3d 1167 (Ala. 2014).
· cites it 4× “’ “Ala.Code § 41-22-25(a) (emphasis added). “The legislature expressed its unequivocal intent that the rights created and requirements imposed by the Alabama Administrative Procedure Act shall be applicable only if another statute does not expressly provide otherwise.”
Ala. Code § 41-22-25(a): 10 cases
Forest Manor, Inc. v. SHPDA, 723 So. 2d 75 (Ala. Civ. App. 1998).
“Code 1975, is indeed "specifically related" to where appeals from a SHPDA final decision granting or denying a CON application *78 may be filed, Baldwin overlooks the application of § 41-22-25(a), a portion of the Alabama Administrative Procedure Act ("AAPA"), which provides…”
Mays v. Sabel Steel Servs., Inc., 500 So. 2d 467 (Ala. Civ. App. 1986).
“Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on the date of the…”
Ala. Code § 41-22-25(b): 1 case
Jefferson Cnty. v. ACJIC, 620 So. 2d 651 (Ala. 1993).
“Finally, we note that § 41-22-25, part of the AAPA, provides an unequivocal legislative mandate that the AAPA be broadly construed.”
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