Alabama Administrative Code

(1) Fine: A monetary penalty up to $1,000 imposed by the Board. (2) Probation: The monitored practice of court reporting which permits the court reporter to continue to practice pursuant to specified conditions as set forth by the Board. (3) Suspension: The temporary withdrawal o…

The following may be grounds for denial of a license: (1) Failure to meet any requirement or standard established by law or by rules and regulations adopted by the Board. (2) Engaging in fraud, misrepresentation, deception, or concealment of a material fact in applying for or sec…

The Board may fine, suspend, revoke, or otherwise impose discipline on a court reporter's license, including payment of a fine, or deny an application for renewal or reinstatement of a court reporter's license, or impose disciplinary conditions as a condition of approval of an ap…

(1) Upon self-disclosure or receipt of a written complaint on an ABCR Consumer Complaint Form signed by the person making the complaint, alleging that a court reporter has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary ac…

Upon completion of an initial investigation, the Executive Director, on behalf of the Board, shall have the power to act on the report of the investigation as follows: (1) Dismiss the complaint. (2) Enter into settlement negotiations, resulting in a proposed consent agreement for…

The Board hereby adopts by reference as its rules Section 41-22-1 et seq., Code of Ala. 1975, governing contested cases, appeals, and related proceedings. Notes Ala. Admin. Code r. 257-X-5-.06 New Rule: Filed April 19, 2007; effective May 24, 2007. Amended: Filed June 19, 2012; e…

(1) At least thirty (30) days prior to the administrative hearing, a notice of hearing and a copy of the charges shall be served on the applicant or licensee via personal service or registered or certified mail to the last known address for the applicant or licensee on file with …

(1) Complaints or controversies may be considered and resolved by the Board or Board designee through informal conferences, meetings, or other informal means. Such informal measures shall be held without prejudice to the right of the Board thereafter to institute formal proceedin…

(1) Based upon the evidence presented at the administrative hearing, the Board action may do one or more of the following: (a) Dismiss the complaint. (b) Suspend the court reporter's license. A suspended license is subject to expiration during the suspension period and must still…

(1) Application for a license following denial of licensure shall: (a) Include evidence of rehabilitation, or elimination or resolution of the stated reasons for denial in the Board's final order. (b) Re-application may occur twelve (12) months after the denial of licensure. (2) …

(1) Reinstatement of a revoked or suspended license due to violations of Board statutes or rules: (a) Application for reinstatement: 1. May be made twelve (12) months after the effective date of revocation unless otherwise specified in the Board's final order revoking or suspendi…

(1) Board members shall recuse themselves from participation in any matter: (a) in which they, or a member of their family (as defined in the Alabama Ethics Act) are an officer, owner, partner, board of director member, employee, or holder of more than five percent of the fair ma…

(1) A party seeking reconsideration of a Board decision may file a request for rehearing within 90 days of the date of the written decision of the Board, specifying the grounds for relief sought therein and authorities in support thereof. The filing of such an application shall n…

(1) Beginning with the September 30, 2008 renewal and every renewal thereafter, every licensee who applies for renewal of a license shall complete five (5) hours of continuing education (CE) relevant to the practice of court reporting. Additional CE Hours obtained may be rolled o…

(1) CE hours may be earned from: (a) Verified attendance at or participation in a program, activity or course through the National Court Reporters Association (NCRA), National Verbatim Reporters Association (NVRA), or the Alabama Court Reporters Association (ACRA). Personal Devel…

(1) Continuing Education sponsors and programs, as used in this Section, shall mean the following: (a) The National Court Reporters Association (NCRA); (b) The National Verbatim Reporters Association (NVRA); (c) The Alabama Court Reporters Association (ACRA) or any state court re…

(1) Activities that are not acceptable for CE credits include, but shall not be limited to, the following: (a) Attendance or participation at professional or association business meetings, general sessions, elections, policymaking sessions or program orientation; (b) Serving on a…

(1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE Requirements set forth in the Board's rules. (2) The Board shall conduct random audits to verify compliance with CE Requirements. (3) The Board may require additional evidence of com…

(1) Any renewal applicant seeking renewal of a license without having fully complied with the CE Requirements may request a waiver of these requirements from the Board. A request for waiver may be made by filing a renewal application along with the required renewal fee, a stateme…

In the absence of an Executive Director, the Chair, or his or her designee, may assume the Executive Director's responsibilities as required. Notes Ala. Admin. Code r. 257-X-6-.07 Adopted by Alabama Administrative Monthly Volume XLIII, Issue No. 05, February 28, 2025, eff. 4/14/2…

(1) The Board may issue declaratory rulings to any person substantially affected by a rule, with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Board, or with respect t…

(1) Purpose: It is the intent of the Legislature and the purpose of the Alabama Crime Victims Compensation Commission (ACVCC) to provide financial and other assistance for victims of violent crime for the allowable expenses that are incurred as a direct result of victimization. E…

If a claimant or victim chooses to be represented by an attorney, said claimant or victim will be responsible for the payment of his or her attorney's fees. Author: Martin A. Ramsay Notes Ala. Admin. Code r. 262-X-10-.01 Filed October 27, 1987. Repealed and New Rule: Filed March …

Program Description: This section provides for payment of the initial forensic examination which is performed on victims of sexual violence for the purpose of obtaining evidence to potentially pursue criminal charges against sexual assault offenders and for the prevention and tre…

Notes Ala. Admin. Code r. 262-X-11-.02 New Rule: Filed October 6, 2004; effective November 10, 2004. Amended: Filed October 7, 2008; effective November 11, 2008. Repealed: Filed February 6, 2014; effective March 13, 2014. Author: Dr. Cassie T. Jones Statutory Authority: Code of A…

Notes Ala. Admin. Code r. 262-X-12-.01 New Rule: Filed October 6, 2004; effective November 10, 2004. Amended: Filed August 6, 2008; effective September 10, 2008. Amended: Filed November 6, 2009; effective December 11, 2009. Repealed: Filed July 6, 2010; effective August 10, 2010.…

Purpose: The ACVCC is committed to providing all victims/claimants with meaningful access to its services. The ACVCC shall provide at no cost to the victims/claimants, timely and accurate language assistance and communication assistance to persons with limited English proficiency…

(1) There is hereby created the Alabama Crime Victims Compensation Commission, which shall be composed of three residents of the State of Alabama, who shall be appointed by the Governor with the advice and consent of the Senate, for terms of four (4) years each or until their suc…

Each year the Commission shall elect a chairperson from its membership. Chairperson elections will be held in July, with the newly elected chairperson taking office on October 1. The Commission may appoint an executive director who will serve at the pleasure of the Commission and…

The Commission shall have its principal place of business in the county wherein the State Capitol is located. The Commission shall quarterly hold at its principal place of business public meetings on the second Thursday of January, April, July, and October at 9:00 a.m. and at tim…

(1) From time to time the Commission shall establish rules and regulations for the administration of its duties and responsibilities pursuant to this chapter. All rules shall be passed by a majority vote of the three member Commission. A copy of the current rules shall be publish…

The chairman of the Commission shall keep a true record of all the proceedings of the meetings of the Commission. At the call of any member the vote on any pending question shall be taken by 'ayes' and 'nays', and the same shall be entered in such record. The written minutes of t…

All members and employees of the Commission handling money or exercising authority over any property shall, before entering the discharge of their duties, give bond with a surety company authorized to do business in the State of Alabama, a surety, payable to the Commission in an …

The attorney general or the district attorney of the county wherein the state capital is located shall, upon written request by the Commission represent the Commission in all litigation to which the Commission is a party or in which the Commission has an interest. The attorney ge…

All Commission members shall be paid and reimbursed for expenses as established by the Code of Alabama. Notes Ala. Admin. Code r. 262-X-2-.08 Filed October 27, 1987. Amended: Filed August 18, 1998; effective September 22, 1998. Repealed and New Rule: Filed March 9, 2004; effectiv…

The Commission shall have all the powers and privileges of a corporation and all of its business shall be transacted in the name of the Commission. In addition to any other powers and duties specified elsewhere in this chapter, the Commission may do any of the following: 1. Regul…

The Commission shall publish annually a report showing the fiscal transactions of the Commission for the preceding year, the amount of the accumulated cash, and securities of the Commission and a balance sheet showing the financial condition of the Commission by means of an actua…

The Director of the Department of Examiners of Public Accounts shall at least once every other year and at such other times as such director shall deem appropriate cause to be performed a detailed audit of the financial affairs of the Commission and shall promptly notify the appr…

(1) The Commission may award compensation for economic loss arising from criminally injurious conduct as satisfied by a preponderance of the evidence that the requirements for compensation have been met. (2) The Commission shall hear and determine all matters relating to claims f…

The Commission shall not require any claimant to seek or accept any collateral source contribution, unless the claimant was receiving or was entitled to receive such benefits prior to the occurrence giving rise to the claim under the provisions of this chapter; provided, however,…

(1) Authority: (a) Code of Ala. 1975, § 15-23-10(a)(b)(c), (1995), which provides: (2) Every party to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and argument on any issue relevant to the claim, and to examine witnesses and offer evidence…

(1) A claim may be filed by the victim, a dependent of a deceased victim, or a person legally authorized to act on behalf of a deceased victim. When the victim is a minor, a parent or legal guardian may file on his/her behalf. A guardian, conservator, or other person legally auth…

(1) The incident must have occurred on or after June 1, 1984. (2) The incident must have been reported within 72 hours after its occurrence or the Commission must find there was good cause for the failure to report within that time. Good cause includes, but is not limited to the …

(1) Authority: (a) Code of Ala. 1975, § 15-23-12(b) (1995), which provides: (2) Compensation otherwise payable to a claimant may be diminished or denied to the extent that the economic loss is recouped from collateral sources; or to the extent that the degree of responsibility fo…

(1) Compensation payable to a victim or claimant sustaining economic loss due to injury or death may not exceed a total of fifteen thousand dollars ($15,000.00). (2) Compensation for lost wages may not exceed four hundred ($400.00) dollars per week. (3) The Commission may provide…

The Commission may make or authorize the executive director to make in advance an emergency award of compensation to the applicant prior to taking action on an application or pending a final decision when it appears that the claim is one for which compensation is probable and und…

(1) An award shall not be subject to state or municipal taxation or to execution, attachment, or garnishment, except as same may pertain to an obligation for the support of dependent children or as the same may pertain to a creditor which has provided products, services or accomm…

(1) Qualified Providers - The Commission may provide reimbursement/payment of therapy expenses if the therapy was provided by a psychiatrist, psychologist, professional counselor, or clinical social worker that is licensed by the appropriate governmental licensing body. The clini…

(1) Pursuant to § 15-23-3(2) b of the Code of Ala. 1975, criminally injurious conduct includes an act occurring or attempted outside the geographical boundaries of this state in another state of the United States of America which is punishable by fine, imprisonment, or death and …

(1) Homicide Victims (a) The person legally authorized to act on a homicide victim's behalf may file for compensation benefits. For example: the next-of-kin of the homicide victim or the executor of the homicide victim's estate (b) If a homicide victim has multiple relatives with…