Section 41-22-10 Action for declaratory judgment as to validity or applicability of rule; stay of enforcement of rule by injunction.
Section 41-22-10
Action for declaratory judgment as to validity or applicability of rule; stay of enforcement of rule by injunction.
The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless otherwise specifically provided by statute, if the court finds that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. In passing on such rules the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without substantial compliance with rule-making procedures provided for in this chapter.
(Acts 1981, No. 81-855, p. 1534, §10.)