Code of Alabama
Ala. Code § 41-22-4 (2026)
Adoption by Agencies of Rules Governing Organization, Practice, Etc.; Public Access to Rules, Orders, Etc.; Effect of Rules, Orders, Etc., Not Made Available to Public.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) In addition to the other rulemaking requirements imposed by law, each agency shall:
(1) Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;
(2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;
(3) Make available for public inspection and copying, at cost, all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions;
(4) Make available for public inspection and copying, at cost, and index by name and subject all final orders, decisions, and opinions which are issued after October 1, 1982, except those expressly made confidential or privileged by statute or order of court.
(b) No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has been made available for public inspection and indexed as required by this section and the agency has given all notices required by Section 41-22-5. This provision is not applicable in favor of any person or party who has actual knowledge thereof, and the burden of proving such knowledge shall be on the agency.
(Acts 1981, No. 81-855, p. 1534, §4.)
Notes of Decisions
Cited in 16
cases, 1986–2018 · leading case: Brunson Const. & Environ. Serv., Inc. v. City of Prichard, 664 So. 2d 885 (Ala. 1995).
Brunson Const. & Environ. Serv., Inc. v. City of Prichard, 664 So. 2d 885 (Ala. 1995). “[10] The AAPA requirements for a state administrative agency's adoption of a "rule" are set forth in Ala.Code 1975, §§ 41-22-4 to -7. Most importantly, § 41-22-5 requires 35 days' notice to the public by publication in the Alabama Administrative Monthly and an opportunity for…”
Alabama Dep't of Corr. v. Merritt, 74 So. 3d 1 (Ala. Civ. App. 2010). “They further argue that any rules authorizing the imposition of the drug-testing fee and the medical co-pay are void because those rules were not properly enacted pursuant to § 41-22-4(b), Ala.Code 1975, a portion of the Alabama Administrative Procedure Act ("the AAPA"),…”
Stiff v. Alabama Alcoholic Bev. Control Bd., 878 So. 2d 1138 (Ala. 2003). “ions of the Administrative Procedure Act impose upon administrative agencies the duty preliminary to the `adoption, amendment, or repeal,' § 41-22-5(a)(1), of `rules of practice,' § 41-22-4(a)(2) to publish the `terms or substance' of such rules, § 41-22-5(a)(1), and, among…”
Ex Parte Legal Environ. Assistance Found., Inc., 832 So. 2d 61 (Ala. 2002). “LEAF sought to enforce the rulemaking provisions of §§ 41-22-4, -5, and -23, and §§ 22-22A-8(a) and (b), Ala.”
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986). “See Code, 1975, § 41-22-4. I I will first state why I am of the opinion that this Court, or a trial court, would have jurisdiction to grant the petitioner the relief *1376 he requests in his petition: that "the SDEC be compelled to withdraw and to vacate certification of Baxley…”
Perdue ex rel. Perdue v. Green, 127 So. 3d 343 (Ala. 2012). “See §§ 41-22-4 and -5, Ala.Code 1975. However, the PACT board may adopt rules and regulations “either with or without compliance with the Alabama Administrative Procedure Act,” § 16-33C-5(2), and it appears that the PACT board has elected to adopt its rules, procedures, and…”
State Dept. of Revenue v. Est. of Hill, 505 So. 2d 1240 (Ala. Civ. App. 1987). “See Ala. Code (1975), § 41-22-4. Under such circumstances we can only conclude that the Department was required by Rule 810-1-4-.”
Hand v. State Dept. of Human Resources, 548 So. 2d 171 (Ala. Civ. App. 1988). “Pertinently, the commentary to § 41-22-4 of the AAPA states that "[a]doption of rules describing the internal organization of an agency and the actual procedures and policies of a state agency will enable the public to hold agencies to the standards to which it is intended they…”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018). “See § 41-22-4(b), Ala. Code 1975. They asserted that the adoption of the documents without substantial compliance with § 41-22-5 interferes with or impairs their legal rights to submit data, views, or arguments thereon and that the invalidity of the documents "threatens to…”
Atheer Wireless, LLC v. State Dep't of Revenue, 228 So. 3d 464 (Ala. Civ. App. 2017). “IL On March 17, 2016, Atheer moved the circuit court to grant it leave to amend its complaint to add a claim asserting that, before the' passage of the 2014 Act, the Department, without first complying with the public-notice provisions of Ala. Code 1975, §§ 41-22-4 and 41-22-5,…”
McCaughn v. Ala. State Brd. for Reg., 2091122 (ala.civ.app. 1-14-2011), 85 So. 3d 392 (Ala. Civ. App. 2011). “Code 1975, and that NCARB’s alleged adoption of a new rule did not comply with § 41-22-4(b), Ala. Code 1975, which states: “No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has…”
Legal Environ. Assistance Found. v. Adem, 883 So. 2d 198 (Ala. Civ. App. 2003). “LEAF sought to enforce the rulemaking provisions of §§ 41-22-4,-5, and -23, and §§ 22-22A-8 (a) and (b), Ala.”
— Ala. Code § 41-22-4(a)(2) — 2 cases
Stiff v. Alabama Alcoholic Bev. Control Bd., 878 So. 2d 1138 (Ala. 2003). “ions of the Administrative Procedure Act impose upon administrative agencies the duty preliminary to the `adoption, amendment, or repeal,' § 41-22-5(a)(1), of `rules of practice,' § 41-22-4(a)(2) to publish the `terms or substance' of such rules, § 41-22-5(a)(1), and, among…”
Brunson Const. & Environ. Serv., Inc. v. City of Prichard, 664 So. 2d 885 (Ala. 1995). “[10] The AAPA requirements for a state administrative agency's adoption of a "rule" are set forth in Ala.Code 1975, §§ 41-22-4 to -7. Most importantly, § 41-22-5 requires 35 days' notice to the public by publication in the Alabama Administrative Monthly and an opportunity for…”
— Ala. Code § 41-22-4(b) — 7 cases
Alabama Dep't of Corr. v. Merritt, 74 So. 3d 1 (Ala. Civ. App. 2010). “They further argue that any rules authorizing the imposition of the drug-testing fee and the medical co-pay are void because those rules were not properly enacted pursuant to § 41-22-4(b), Ala.Code 1975, a portion of the Alabama Administrative Procedure Act ("the AAPA"),…”
Stiff v. Alabama Alcoholic Bev. Control Bd., 878 So. 2d 1138 (Ala. 2003). “ions of the Administrative Procedure Act impose upon administrative agencies the duty preliminary to the `adoption, amendment, or repeal,' § 41-22-5(a)(1), of `rules of practice,' § 41-22-4(a)(2) to publish the `terms or substance' of such rules, § 41-22-5(a)(1), and, among…”
Brunson Const. & Environ. Serv., Inc. v. City of Prichard, 664 So. 2d 885 (Ala. 1995). “[10] The AAPA requirements for a state administrative agency's adoption of a "rule" are set forth in Ala.Code 1975, §§ 41-22-4 to -7. Most importantly, § 41-22-5 requires 35 days' notice to the public by publication in the Alabama Administrative Monthly and an opportunity for…”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018). “See § 41-22-4(b), Ala. Code 1975. They asserted that the adoption of the documents without substantial compliance with § 41-22-5 interferes with or impairs their legal rights to submit data, views, or arguments thereon and that the invalidity of the documents "threatens to…”
McCaughn v. Ala. State Brd. for Reg., 2091122 (ala.civ.app. 1-14-2011), 85 So. 3d 392 (Ala. Civ. App. 2011). “Code 1975, and that NCARB’s alleged adoption of a new rule did not comply with § 41-22-4(b), Ala. Code 1975, which states: “No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has…”
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