Alabama Dep’t of Transp. v. Blue Ridge Sand and Gravel, Inc – Case Brief Summary (Alabama)

In Alabama Dep't of Transp. v. Blue Ridge Sand and Gravel, Inc., 718 So.2d 27, 29 (Ala. 1998), the court held that a specific gravity specification for asphalt was not a rule, requiring promulgation pursuant to the Alabama administrative procedure act in which a rule was defined as "each agency 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" the court reasoned that a contract specification is "simply a term that may be incorporated into a contract between the Department and some other party." Id.