Alabama § 22-14-11 Administrative Action and Judicial Review

Alabama Statutes

§ 22-14-11 — Administrative Action and Judicial Review

Alabama·Title 22 Health, Mental Health, and Environmental Control·Ch. 14 Radiation·Art. 1 Regulation of Sources of Ionizing Radiation

(a)In any proceeding under this article:

(1)For the issuance or modification of rules and regulations relating to control or sources of ionizing radiation;

(2)For granting, suspending, revoking or amending any license; or

(3)For determining compliance with rules and regulations of the agency, the agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit any such person as a party to such proceeding.

(b)Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary t

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(a) In any proceeding under this article:
(1) For the issuance or modification of rules and regulations relating to control or sources of ionizing radiation;
(2) For granting, suspending, revoking or amending any license; or
(3) For determining compliance with rules and regulations of the agency, the agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit any such person as a party to such proceeding.
(b) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provision of this article, such regulation or order shall be effective immediately. Any person to whom such regulation or order is directed shall comply therewith immediately, but on application to the agency shall be afforded a hearing within 30 days. On the basis of such hearing, the emergency regulation or order shall be continued, modified or revoked within 30 days after such hearing.
(c) Any final order entered in any proceeding under subsections (a) and (b) of this section shall be subject to judicial review by the Circuit Court of Montgomery County in the manner prescribed for taking appeals from orders of the Alabama Public Service Commission as provided in Division 3 of Article 2 of Chapter 1 of Title 37 of this Code.

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