Section 34-13-26 Promulgation of rules and regulations; authority to hold hearings; restraining of violations. - Alabama Statutes

Section 34-13-26

Promulgation of rules and regulations; authority to hold hearings; restraining of violations.

(a) The board has the power to adopt and enforce for the protection of the public health, safety and welfare reasonable rules and regulations.

(b) The rules and regulations of the board shall not become effective until they have been published and discussed at a public hearing and have been filed in the office of the Secretary of State; and, when so filed, such rules and regulations shall be in full force and have the effect of law. The board shall mail notice of such hearing to each licensee under this chapter 15 days before the date of such hearing.

(c) All rules and regulations adopted by the board shall be referenced to the section or sections of this chapter which set forth the legislative standard which it interprets or to which it applies. Every rule and regulation shall be in writing, promulgated by an order, state its effective date, indexed in a permanent book which shall be a permanent record, and a true copy shall be filed in the office of the Secretary of State of Alabama. A copy of every order promulgating a rule, regulation or other order containing a requirement of general application shall be mailed to each licensee by first class mail. The failure of a licensee to receive a copy of the rule, regulation or order shall not exempt or excuse him from the duty of compliance with the valid rules, regulations or orders lawfully issued.

(d) The board shall have power to hold hearings, conduct investigations, subpoena witnesses, administer oaths and take testimony in order to carry out the provisions of this chapter.

(e) A court of competent jurisdiction may, upon application of the board, restrain violations or refusals to comply with the provisions of this chapter or the regulations of the board.

(Acts 1975, No. 214, p. 705, §34.)