Code of Alabama

Ala. Code § 41-22-27 (2026)

Effective Date of Chapter; Validity, Review, Etc., of Existing Rules; Disposition of Certain Cases and Proceedings.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) This chapter shall take effect at 12:01 a.m., October 1, 1982; provided, however, that Section 41-22-22 shall take effect October 1, 1981. In order that the Legislative Reference Service may appoint and hire an aide to receive the rules and in order to promulgate the Alabama Administrative Code and the Alabama Administrative Monthly as soon as possible, subsections (a) and (b) of Section 41-22-6 and subsections (a) through (e) of Section 41-22-7 shall also become effective October 1, 1981. It shall be the duty of all agencies in existence on the passage of this chapter and all agencies created thereafter to cooperate with the office of the Legislative Services Agency, Legal Division, in compiling the Alabama Administrative Code and the Alabama Administrative Monthly by submitting to the committee all rules now and hereafter in effect, and all proposed rules.

(b) All existing rules shall be indexed by October 1, 1983, and the administrative code of each agency shall be completed and up-to-date at that time and the Alabama Administrative Code shall be completed and up-to-date by November 15, 1983.

(c) Any rule in effect before 12:01 a.m., October 1, 1983, except those adopted following a public hearing that was required by statute, shall be reviewed by the agency concerned on the written request of a person substantially affected by the rule involved. The agency concerned shall initiate the rulemaking procedures provided by this chapter within 90 days after receiving such written request. If the agency concerned fails to initiate the rule making procedures within 90 days, the operation of the rule shall be suspended. The right of review established by this subsection shall be exercisable no earlier than October 1, 1983.

(d) All rules in effect on September 30, 1983, shall be and become invalid on October 1, 1983, unless:

(1) The rules are properly filed, indexed, and included within the administrative code of the agency in accordance with all the provisions of this chapter; and

(2) The rules adopted prior to October 1, 1982, were validly adopted under procedures in effect prior to those provided in this chapter, or were readopted pursuant to the requirements of this chapter; or

(3) The rules adopted on or subsequent to October 1, 1982, were validly adopted pursuant to the requirements of this chapter.

(e) All contested cases and other adjudicative proceedings conducted pursuant to any provision of the statutes of this state that were begun prior to October 1, 1983, shall be continued to a conclusion, including judicial review, under the provisions of such statutes, except that contested cases and other adjudicative proceedings that have not progressed to the stage of a hearing, with the consent of all parties and the agency conducting the proceedings, may be conducted in accordance with this chapter as nearly as feasible.

(f) Sections 41-22-1 through 41-22-11 and 41-22-22 through 41-22-27 shall take effect with regard to the Alabama Department of Environmental Management at 12:01 a.m. on October 1, 1986. All rules that were validly adopted by the Alabama Department of Environmental Management prior to October 1, 1986, under procedures in effect at the times the rules were adopted shall be valid, and all such rules adopted by the department shall be properly filed, indexed, and included within the administrative code of the department in accordance with this chapter by October 1, 1987. The Alabama Department of Environmental Management shall be exempt from Sections 41-22-12 through 41-22-19. Except as provided in subdivision (6) of subsection (c) of Section 22-22A-7, judicial review of any order of the Environmental Management Commission modifying, approving, or disapproving an administrative action of the Alabama Department of Environmental Management shall be in accordance with the provisions for review of final agency decisions of contested cases in Sections 41-22-20 and 41-22-21.

(Acts 1981, No. 81-855, p. 1534, §27; Acts 1986, No. 86-472, p. 880, §1; Act 2019-498, §1.)

Notes of Decisions

Cited in 13 cases, 1985–2011 · leading case: Dawson v. Al. Dept. of Env't Mgmt., 529 So. 2d 1012 (Ala. Civ. App. 1988).

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Dawson v. Al. Dept. of Env't Mgmt., 529 So. 2d 1012 (Ala. Civ. App. 1988). · cites it 4× “The plaintiff relies on Ala.Code (1975), § 41-22-27(f) (1982 Repl.”

Ex Parte Baldwin Cnty. Com'n, 526 So. 2d 564 (Ala. 1988). · cites it 2× “However, at the request of the Department, the legislature exempted the Department from those provisions of the Administrative Procedure Act that dealt with rehearing.”

Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986). “§ 41-22-27, Code 1975. The Rules have not been published in the "Alabama Administrative Code" as provided for by § 41-22-7(e), Code 1975.”

Plumbers & Steamfitters, Local 52 v. Alabama Dep't of Env't Mgmt., 647 So. 2d 793 (Ala. Civ. App. 1994). · cites it 2× “Judicial review of the Commission’s determination is guided by § 41-22-27(f), Ala.Code 1975, which provides, in pertinent part: “Except as provided in [§ 22-22A-7(c)(6), Ala.”

Alabama Env. Mgt. Com'n v. Fisher Indus., 586 So. 2d 908 (Ala. Civ. App. 1991). · cites it 5× “At the outset we note that, in determining the standard for judicial review in this case, we look to the controlling statutes, which are Ala.Code 1975, §§ 41-22-27(f) and 22-22A-7(c)(6).”

IPSCO Steel, Inc. v. Alabama Dep't of Env't Mgmt., 850 So. 2d 344 (Ala. Civ. App. 2002). · cites it 3× “Section 22-22A-7(c)(6), when read together with § 41-22-27(f), merely removes ADEM from the rehearing provisions established for other administrative agencies by § 41-22-17, Ala.”

Alabama Env't Mgmt. Comm'n v. Fisher Indus. Serv., Inc., 586 So. 2d 908 (Ala. Civ. App. 1991). · cites it 4× “At the outset we note that, in determining the standard for judicial review in this case, we look to the controlling statutes, which are Ala.Code 1975, §§ 41-22-27(f) and 22-22A-7(c)(6).”

Baldwin Cnty. Comm'n v. Alabama Env't Mgmt. Comm'n, 526 So. 2d 564 (Ala. 1988). · cites it 2× “In the instant case, AEMC would be subject to § 41-22-17, had it not been expressly exempted in § 41-22-27(f) of the Alabama Administrative Procedure Act.”

Waldrop v. Alabama State Bd. of Pub. Acct., 473 So. 2d 1064 (Ala. Civ. App. 1985). “…§ 41-22-20, which is part of the Alabama Administrative Procedure Act, Ala.Code (1975), §§ 41-22-1 through -27. See § 41-22-27(e).”

Plumbers & Steamfitters, Local Union 52 v. Alabama Dep't of Env't Mgmt., 622 So. 2d 343 (Ala. Civ. App. 1992). · cites it 5× “In support of this argument, they point to § 41-22-27(f) of the APA, which states in relevant part that: “ ‘Except as provided in subdivision (6) of subsection (c) of § 22-22A-7, judicial review of any order of the environmental management commission .”

Starlite Lounge v. Abc Bd., 603 So. 2d 1107 (Ala. Civ. App. 1992). “The trial court's order read: "[Starlite's] right to judicial review of the ABC Board's decision is governed by the Alabama Administrative Procedure Act, § 41-22-1 through § 41-22-27, Code 1975. The court must begin with the presumption that the ABC Board's decision is just and…”

Alabama Dep't of Env't Mgmt. v. Friends of Hurricane Creek, 71 So. 3d 673 (Ala. Civ. App. 2011). “Section 41-22-27(f), Ala.Code 1975, a portion of the Alabama Administrative Procedure Act (“the AAPA”), provides that “judicial review of any order of the .”

Show all 13 citing cases →

— Ala. Code § 41-22-27(e) — 1 case

— Ala. Code § 41-22-27(f) — 9 cases

Dawson v. Al. Dept. of Env't Mgmt., 529 So. 2d 1012 (Ala. Civ. App. 1988). “The plaintiff relies on Ala.Code (1975), § 41-22-27(f) (1982 Repl.”

Ex Parte Baldwin Cnty. Com'n, 526 So. 2d 564 (Ala. 1988). “However, at the request of the Department, the legislature exempted the Department from those provisions of the Administrative Procedure Act that dealt with rehearing.”

Plumbers & Steamfitters, Local 52 v. Alabama Dep't of Env't Mgmt., 647 So. 2d 793 (Ala. Civ. App. 1994). “Judicial review of the Commission’s determination is guided by § 41-22-27(f), Ala.Code 1975, which provides, in pertinent part: “Except as provided in [§ 22-22A-7(c)(6), Ala.”

Alabama Env. Mgt. Com'n v. Fisher Indus., 586 So. 2d 908 (Ala. Civ. App. 1991). “At the outset we note that, in determining the standard for judicial review in this case, we look to the controlling statutes, which are Ala.Code 1975, §§ 41-22-27(f) and 22-22A-7(c)(6).”

IPSCO Steel, Inc. v. Alabama Dep't of Env't Mgmt., 850 So. 2d 344 (Ala. Civ. App. 2002). “Section 22-22A-7(c)(6), when read together with § 41-22-27(f), merely removes ADEM from the rehearing provisions established for other administrative agencies by § 41-22-17, Ala.”

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