Alabama Administrative Code

(1) The Real Estate Consumers Agency and Disclosure Act (RECAD) requires the qualifying broker to adopt and maintain an agency disclosure office policy which sets out the types of brokerage services which his or her company and licensees may offer or accept. The purpose of this r…

Failure of a qualifying broker to properly supervise his/her company or those licensed under him/her shall include, but is not limited to, the following: (1) Failing to maintain an active broker's license with the Commission and thereby compromising the licensing status of those …

Code of Alabama, 1975 § 34-27-36(a)(15) requires a salesperson or associate broker to display the name of the qualifying broker or company "prominently" in any advertising promoting the salesperson or qualifying broker as a real estate agent. The word "prominently" as used in tha…

(1) Each timesharing plan offered for sale in Alabama shall be registered separately. If a given timesharing project or development shall offer more than one plan, then each plan shall be required to meet all the conditions of registration and a registration fee shall be paid for…

(1) The qualifying broker of a registered timesharing plan shall be responsible for the care and display of the timeshare seller's license certificates issued to him and to any licensee for whom he serves as the qualifying broker. These certificates shall all be displayed in the …

Any timeshare seller desiring to use any gift, prize, award, discount, etc., as a promotional device in soliciting the sale or lease or rental of timeshares shall, prior to the use of each such device, submit evidence satisfactory to the Real Estate Commission that the retail val…

(1) The staff of the Alabama Real Estate Commission is authorized to make an inspection during any business day of any registered timesharing plan or branch office thereof, its facility and accommodations, and its business records to ensure that such plan is operating in complian…

(1) Effective October 1, 1985, it shall be required that any person selling or attempting to sell a timeshare interval in any timeshare plan located or registered in Alabama provide the prospective buyer with a public offering statement prior to the buyer's signing any sale docum…

The qualifying broker and the developer of a registered timesharing plan shall be mutually responsible for the carrying out of the following functions: (a) The deposit and accounting of all monies coming into their possession or that of any agent of either of them, where such mon…

The Executive Director of the Alabama Real Estate Commission shall have the authority to issue, in the name of the Commission, a temporary cease and desist order in any matter subject to a cease and desist order under the provisions of Code of Ala. 1975, § 34-27-68(6). Form 1 al1…

A bicycle as defined in Title 32-1-1.1(4) of the State Code of Ala. 1975. Notes Ala. Admin. Code r. 797-X-1-.01 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority: Code of Ala. 1975, §542.

The Commission means the appointed governing body of the Red Mountain Park, Greenway and Recreational Area. Notes Ala. Admin. Code r. 797-X-1-.02 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority: Code of Ala. 1975, §542.

The Director means the Executive Director of Red Mountain Park, Greenway and Recreational Area, or the Director's designee. Notes Ala. Admin. Code r. 797-X-1-.03 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority: Code of Ala. 1975,…

An Electric Personal Assistance Mobility Device is a device as defined by Title 32-1-1.1 (15.1) of the Code of Ala. 1975. Notes Ala. Admin. Code r. 797-X-1-.04 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority: Code of Ala. 1975, §…

A Park means the property defined and identified as the Red Mountain Park, Greenway and Recreational Area and the facilities contained within. Notes Ala. Admin. Code r. 797-X-1-.05 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority:…

A Play Vehicle means an electric device operated by and for children for entertainment and play activities. Notes Ala. Admin. Code r. 797-X-1-.06 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority: Code of Ala. 1975, §542.

Authorized Personnel means an employee of Red Mountain Park authorized to make daily operations and maintenance decisions on behalf of the Director and the Commission, and/or educate the visiting public about park rules and regulations and ensure visitor compliance and enforcemen…

Fireworks mean combustible, implosive, or explosive compositions, substances, combinations of substances, or articles that are prepared to produce a visible or audible effect by combustion, explosion, implosion, deflagration, or detonation. Notes Ala. Admin. Code r. 797-X-1-.08 N…

To provide for the safe and enjoyable use by visitors of park areas owned or leased by the Commission, the Director may adopt rules and regulations on the following subjects: (1) Use by the public of Red Mountain Park and its facilities and recreation areas; (2) Visitor conduct a…

Before the adoption of a rule or regulation, the Director shall submit the proposed rule or regulation to the Commission for review. After review, the Commission shall advise the Director of its recommendations with respect to the rule or regulation, revise the rule or regulation…

After Commission approval but before adoption, amendment or repeal of any rule, the director shall follow the law detailed in the State of Alabama Administrative Procedures Act, Section 41-22-5 and publish the intended action appropriately, encourage public comment, review all co…

As provided in the State of Alabama Administrative Procedures Act, Section 41-22-5(b) on a determination of immediate need, the Director may adopt rules and regulations that will become effective immediately. These rules will be effective for a period of not longer than 120 days.…

The Director shall keep a record of the rules, regulations, orders, and directives issued, and the record shall be open to public inspection at reasonable times. A copy of rules and regulations shall be made available to the public on request and be conspicuously posted in the pa…

To establish process for determining fees associated with park visitation and usage. With the approval and the advice of the Commission, the Director may establish fees for the use of the park or its facilities, entrance into the park, participation in recreation, cultural or ath…

To establish process for determining a permitting system for the use of the park or its facilities. With the approval and the advice of the Commission, the Director may establish a permitting system for the use of the park or its facilities. Permits are required for: (1) The rese…

All State and Federal laws now in force and laws which may hereafter be enacted shall be maintained in Red Mountain Park, and it shall be a violation of this regulation for any person to break or attempt to break any State or Federal Law. Notes Ala. Admin. Code r. 797-X-4-.01 New…

The facilities, services and programs of Red Mountain Park are open for use by all members of the public without regard to race, color, religion, sex, sexual orientation, age, national origin, or physical or mental disability. Park users shall abide by the following rules establi…

It shall be unlawful to: (1) Incite or participate in riots, indulge in boisterous, abusive, threatening, indecent or disorderly conduct in the park; (2) Urinate or defecate on park property other than in the facilities designated for that use; (3) Congregate or assemble in or ab…

It shall be unlawful to destroy, injure, deface, remove or disturb in any manner any real, personal or public property in the park. It shall be unlawful for any person to destroy, disturb, deface, collect or remove any natural, cultural, historical, archeological, geological, min…

No person may engage in gaming or gambling for money or any other thing in any form on park property except by written permission from the Director for charitable purposes. Notes Ala. Admin. Code r. 797-X-4-.05 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David …

No person shall solicit, sell or advertise in Red Mountain Park without the written authorization of the Director. Notes Ala. Admin. Code r. 797-X-4-.06 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority: Code of Ala. 1975, §542.

It shall be unlawful to possess or consume any alcoholic beverage at Red Mountain Park without the written permission of the Director. Notes Ala. Admin. Code r. 797-X-4-.07 New Rule: Filed May 11, 2009; effective June 15, 2009. Author: David G. Dionne Statutory Authority: Code of…

To ensure the safety of all visitors and employees of the Park it shall be unlawful if: (1) Any person other than a duly authorized law enforcement officer to possess or carry into the park any form of firearm without written permission of the director. (2) Any person possesses a…

To ensure the safety of all visitors and employees of the Park the following rules pertaining to the operation of motor vehicles state that: (1) Driving motor vehicles in excess of posted speed shall be unlawful. (2) Driving any vehicle carelessly and heedlessly disregarding the …

To ensure the safety of all visitors and employees of the Park the following rules pertaining to parking regulations state that: (1) No persons may stop, stand or park a motor vehicle on park property so as to occupy more than one parking space or across painted parking lines; on…

To ensure the safety of all visitors and employees of the Park the following rules pertaining to operation of bicycles on roads and trails state that: (1) Bicyclists must yield to pedestrians and horses along park trails. (2) Bicycles shall not be operated at a speed greater than…

(1) Roller-skating, in line skating, and skateboarding: (a) Roller-skating, in line skating, and skateboarding are permitted only in areas designated for such use. (2) Fires: (a) Building a fire outside of stoves, grills, fireplaces, or other places provided for such purposes sha…

Red Mountain Park shall not be responsible for any accident or injury to any person while on park property or when using any park facility. Any person coming within the park or using a park facility shall by such entrance or use waive any claim against the Commission or its agent…

A person may not violate a rule or regulation adopted by the Commission or the Director in accordance with this document. Any person who violates any rule of the commission will be subject to the following: (1) Shall be guilty of a misdemeanor and shall be punished by a fine of n…

Deferred retirement shall be earned upon completion of ten years of creditable service, provided the member does not withdraw his contributions from the Teachers' Retirement System. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-1-1-.01 Filed Sep…

(1) A member is construed to be "in service" for the purposes of applying for disability retirement, provided such member is on an authorized leave of absence for one year, which may be extended for one additional year. (2) The Teachers' Retirement System of Alabama will pay the …

(1) Beneficiaries electing to receive an optional allowance, in lieu of the maximum monthly retirement allowance, must make such election on a form duly prescribed by the Retirement System no later than the first of the month, during which their retirement is to be effective. (2)…

(1) Any beneficiary who is receiving in lieu of the maximum retirement allowance an optional allowance which provides for a monthly survivor benefit may cancel the survivor portion of the optional allowance and designate a new beneficiary who shall receive, upon the death of the …

Average final compensation shall be computed by determining the annual compensation actually contributed upon during the two years in the last ten years of creditable service for which such compensation is the highest, based on the creditable retirement year period for TRS, i.e.,…

For the purpose of crediting interest to members' accumulated contributions and for the purpose of computing the amount of any annuity, pension or optional benefit elected in lieu thereof, the interest will be 4 percent. Interest will be credited to the account of each member onc…

An application for retirement shall be accepted and shall be considered to have met the statutory requirement that such application be filed at least 30 days before the effective date of retirement if such application is forwarded to the retirement system through the United State…

A member may designate someone other than his or her spouse to receive the benefits provided by Code of Ala. 1975, § 16-25-14(g)(2)(3). Such designation may be made at any time but must be specific in its application to the benefits provided by § 16-25-14(g) (2)(3). If no such de…

(1) The death benefit provided by Code of Ala. 1975, § 36-27B-3, shall be paid only in lieu of the matching amount not to exceed $5,000 provided in Code of Ala. 1975, §§ 16-25-14(g)(3), 16-25-14(g)(4), to those who qualify for benefits under such sections and under § 36-27B-3 and…

(1) All full-time employees of public education shall be enrolled in the Teachers' Retirement System as a condition of employment. (2) Full-time employment shall be in the time required for that full-time position as determined by the employer but at least 20 hours per week. Serv…

(1) All monies earned by members of the Teachers' Retirement System in a calendar year are subject to contribution to the Teachers' Retirement System. (2) The value of $4,000 has been fixed on a house provided by an educational institution to an employee of the institution. Membe…