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HB654 INTRODUCED
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HB654
G35DD22-1
By Representative Hammett
RFD: State Government
First Read: 31-Mar-26
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G35DD22-1 03/27/2026 ZAK (L)ZAK 2026-1401
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First Read: 31-Mar-26
SYNOPSIS:
Under existing law, the Alabama Administrative
Procedure Act (APA) defines the term "rule" and
provides that the adoption of a new rule, and the
amendment of an existing rule, by an agency is subject
to the procedural process established in the APA, with
certain exceptions.
This definition of "rule" exempts from the
definition the adoption of hunting and fishing seasons
and bag and creel limits by the Commissioner of the
Department of Conservation and Natural Resources.
This bill would remove the exemption of these
seasons and limits from the definition of "rule,"
thereby subjecting them to the procedural process
established in the APA .
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Administrative Procedure Act;
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Relating to the Alabama Administrative Procedure Act;
to amend Section 41-22-3, Code of Alabama 1975, to remove the
exemption of hunting and fishing seasons and bag and creel
limits adopted by the Commissioner of Conservation and Natural
Resources from the definition of "rule" for purposes of the
Alabama Administrative Procedure Act and the procedural
process for adopting and amending rules established therein;
and to make nonsubstantive, technical revisions to update the
existing code language to current style .
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 41-22-3, Code of Alabama 1975, is
amended to read as follows:
"§41-22-3
The following words and phrases when used in For
purposes of this chapte r shall , the following terms have the
following meanings respectively ascribed to them in this
section, except when the context otherwise requires :
(1) AGENCY. Every board, bureau, commission,
department, officer, or other administrative office or unit of
the state, including the Alabama Department of Environmental
Management, other than the Legislature and its agencies, the
Alabama State Port Authority, the courts, the Alabama Public
Service Commission, or the State Banking Department, whose
administrative procedures are governed by Sections 5-2A-8 and
5-2A-9. The term does not include boards of trustees of
postsecondary institutions, boards of plans administered by
public pension systems, counties, municipalities, or any
agencies of local governmental units, unless they are
expressly made subject to this chapter by general or special
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expressly made subject to this chapter by general or special
law.
(2) COMMITTEE. The Joint Committee on Administrative
Rule Review, comprised of the members of the Legislative
Council, or any successor of the Joint Committee on
Administrative Rule Review.
(3) CONTESTED CASE. A proceeding, including , but not
restricted to , ratemaking, price fixing, and licensing, in
which the legal rights, duties, or privileges of a party are
required by law to be determined by an agency after an
opportunity for hearing. The term does not include
intra-agency personnel actions ; and does not include those
hearings or proceedings in which the Alabama Board of Pardons
and Paroles considers the granting or denial of pardons,
paroles, restoration of civil and political rights, or
remission of fines and forfeitures.
(4) LICENSE. The whole or part of any agency franchise,
permit, certificate, approval, registration, charter, or
similar form of permission required by law , but not . The term
does not include a license required solely for revenue
purposes when issuance of the license is merely a ministerial
act.
(5) LICENSING. The agency process respecting the grant,
denial, renewal, revocation, suspension, annulment,
withdrawal, or amendment of a license or imposition of terms
for the exercise of a license.
(6) PARTY. Each person or agency named or admitted as a
party or properly seeking and entitled as a matter of right,
whether established by constitution, statute, or agency
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whether established by constitution, statute, or agency
regulation or otherwise, to be admitted as a party, or
admitted as an intervenor under Section 41-22-14. The term
includes any limited form of participation in agency
proceedings authorized by agency rule for persons who are not
eligible to become parties.
(7) PERSON. Any individual, partnership, corporation,
association, governmental subdivision, or public or private
organization of any character other than an agency.
(8) QUORUM. No less than a majority of the members of a
multimember agency shall constitute a quorum authorized to act
in the name of the agency, unless provided otherwise by
statute.
(9) RULE. Each agency rule, regulation, standard, or
statement of general applicability that implements,
interprets, or prescribes law or policy, or that describes the
organization, procedure, or practice requirements of any
agency and includes any form which that imposes any
requirement or solicits any information not specifically
required by statute or by an , existing rule , or by federal
statute or by federal , rule, or regulation ;, provided ,
however, all forms shall be filed with the secretary of the
agency and with the Legislative Services Agency, Legal
Division, and all forms, except intergovernmental,
interagency, and intra-agency forms which that do not affect
the rights of the public and emergency forms adopted pursuant
to Section 41-22-5, shall be published in the Agency
Administrative Code. The term includes the amendment or repeal
of all existing rules , but. The term does not include any of
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of all existing rules , but. The term does not include any of
the following:
a. Statements concerning only the internal management
of an agency and not affecting private rights or procedures
available to the public.
b. Declaratory rulings issued pursuant to Section
41-22-11.
c. Intergovernmental, interagency, and intra-agency
memoranda, directives, manuals, or other communications which
that do not substantially affect the legal rights of, or
procedures available to, the public or any segment thereof.
d. Determinations, decisions, orders, statements of
policy, and interpretations that are made in contested cases.
e. An order which that is directed to a specifically
named person or to a group of specifically named persons which
does not constitute a general class, and the order is served
on the person or persons to whom it is directed by the
appropriate means applicable thereto. The fact that the named
person who is being regulated serves a group of unnamed
persons who will be affected does not make the order a rule.
f. An order which that applies to a specifically
described tract of real estate.
g. Any rules or actions relating to any of the
following:
1. The conduct of inmates of public institutions and
prisoners on parole.
2. The curriculum of public educational institutions or
the admission, conduct, discipline, or graduation of students
of the institutions ;, provided , however, that this exception
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of the institutions ;, provided , however, that this exception
shall not extend to rules or actions of the State Department
of Education.
3. Opinions issued by the Attorney General of the State
of Alabama.
4. The conduct of commissioned officers, warrant
officers, and enlisted persons in the military service.
5. Advisory opinions issued by the Alabama Ethics
Commission.
6. Hunting and fishing seasons or bag or creel limits
adopted by the Commissioner of the Department of Conservation
and Natural Resources.
h. Standards, specifications, codes, plans, manuals,
and publications used in the design, construction, repair, and
maintenance of highways, roads, and bridges under the
jurisdiction of the Department of Transportation."
Section 2. This act shall become effective on October
1, 2026.
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