Alabama Administrative Code

A formal agreement stipulating the community or the position in Alabama Public Health or state institution, years of service and other pertinent facts shall be signed by the chairman of the Board and each recipient who receives approval to repay his loan with service. Notes Ala. …

Notes Ala. Admin. Code r. 281-1-1-.01 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 281-1-1-.02 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 281-1-1-.03 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 281-1-1-.04 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 281-1-1-.05 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 281-1-1-.06 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 281-1-1-.07 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 281-1-1-.08 New Rule: Filed February 11, 2002; effective March 18, 2002. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/22/2015. Authors: Brian Kurlander, Anita Archie Statutory Authority: Code of Ala. 1975, …

As used in this chapter, the following terms shall have the following meanings: (1) "ACT" means Act No. 2002-429. (2) "ADO" means the Alabama Development Office. (3) "AFFILIATE". An affiliate of another person shall include any of the following: (a) A person who directly or indir…

To qualify as a CAPCO all of the following must apply: (1) The applicant must have, at the time of application for certification, an equity capitalization of at least $500,000 in the form of cash or cash equivalents. The applicant must maintain this equity capitalization until it…

(1) A qualified technology business shall not include: (a) An enterprise that principally conducts irregular or non-continuous operations; (b) An enterprise that intends to derive principally all of its income from passive investments that generate interest, dividends or capital …

(1) A CAPCO may, before making an investment in a business, request from the ADO a written opinion as to whether the business in which it proposes to invest is a qualified technology business or a qualified diversity business. (2) The ADO shall, not later than the fifteenth (15th…

(1) An insurance company or other persons who may have state premium tax liability or the affiliates of the insurance companies or other persons may not directly or indirectly do any of the following:(a) Manage a CAPCO. (b) Beneficially own, whether through rights, options, conve…

An applicant that has not previously been certified by the ADO as a Certified Capital Company must file an application to become certified as a CAPCO in the form prescribed by the ADO, as that form may be amended from time to time by the ADO. The ADO may certify for participation…

The Director shall review the application for certification as a CAPCO, including the organizational documents and business history, and the application for recertification and participation in program two of each applicant and shall ensure that the applicant satisfies the requir…

(1) A premium tax credit allocation claim must be prepared and executed by a certified investor in the form prescribed by the ADO, as such form may be amended from time to time by the ADO. With respect to program one, a CAPCO must file the claim with the ADO not later than Januar…

(1) To continue to be certified with respect to program one and program two, a CAPCO shall make qualified investments according to the following schedule: (a) For programs one and two, before the third (3rd) anniversary of an investment pool allocation date, a CAPCO must have mad…

(1) A CAPCO may make a qualified distribution at any time. To make a distribution or payment from a particular investment pool, other than a qualified distribution and the repayment of the initial $500,000 equity contribution or any other equity contribution made by its equity ho…

(1) The ADO shall conduct an annual review of each CAPCO to: (a) Ensure that the CAPCO and each of its investment pools continue to satisfy the requirements of the Act and these regulations, and that the CAPCO has not made any investment in violation of the Act or these regulatio…

Any offering materials involving the sale of securities of the CAPCO must include the following statement: "By authorizing the formation of a CAPCO, the State of Alabama does not endorse the quality of management or the potential for earnings of the company and is not liable for …

(1) Decertification of a CAPCO or one or more of its investment pools may cause the recapture of premium tax credits previously claimed with respect to program one or program two and the forfeiture of future premium tax credits to be claimed with respect to such program by certif…

(1) Division 281-3-1 of the Administrative Code sets forth the rules to be used by the Department of Commerce in the administration of Acts of Alabama 2009-144, as codified in Code of Ala. 1975, §§ 41-7A-40, et seq. (2) The administration of the Rebate, as provided in Code of Ala…

(1) The following definitions apply for purposes of the rules promulgated under Acts of Alabama, 2009-144, known as the Entertainment Industry Incentive Act of 2009: (a) ABOVE THE LINE EXPENDITURES. Actual compensation paid by a Qualified Production Company to individuals who gui…

(1) Effective January 1, 2009, a Qualified Production Company may be entitled to receive a Rebate for certain Production Expenditures, and also may be entitled to receive an exemption from state, but not local, sales, use, and lodgings taxes. (a) To receive a Rebate equal to 25% …

(1) To receive any Incentives available under the Act, an Applicant must submit an Application for approval to the Office. Applications for approval must be received in accordance with deadlines and procedures determined by the Office, but in all circumstances, except as provided…

(1) Compliance with the Laws of Alabama. Within 60 days of commencing operations in the State of Alabama, a Qualified Production Company shall register with the Secretary of State, comply with all requirements of doing business within the State of Alabama, and must provide writte…

(1) The Qualified Production Company shall engage a CPA to perform the Final Incentive Audit of the Qualified Production Company's Production Expenditures on the State-Certified Production and such CPA shall prepare a Report verifying each Production Expenditure. (2) A CPA engage…

(1) To the extent that the Qualified Production Company has been approved for Incentives in an amount exceeding the actual amount of state sales, use, and lodgings taxes that would have been paid had the exemption from the same such taxes not been granted, the Qualified Productio…

(1) Additional Production Expenditures. In addition to the items listed in the Act, the term Production Expenditures shall also include expenditures Expended in Alabama that are directly used in a State-Certified Production, including, but not limited to, the following items: (a)…

(1) Below is a Chart of Production Expenditures. It lists examples of expense items and indicates whether they will constitute Production Expenditures. To qualify, a Qualified Production Company must acquire or lease the items shown below from a source within the State of Alabama…

Notes Ala. Admin. Code r. 281-4-1-.01 New Rule: Filed August 13, 2012; effective September 17, 2012. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 3/9/2018. Author: Department of Commerce Statutory Authority: Code of Ala. 1975, as a…

Notes Ala. Admin. Code r. 281-4-1-.02 New Rule: Filed August 13, 2012; effective September 17, 2012. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 3/9/2018. Author: Department of Commerce Statutory Authority: Code of Ala. 1975, as a…

Notes Ala. Admin. Code r. 281-4-1-.03 New Rule: Filed August 13, 2012; effective September 17, 2012. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 3/9/2018. Author: Department of Commerce Statutory Authority: Code of Ala. 1975, as a…

Notes Ala. Admin. Code r. 281-4-1-.04 New Rule: Filed August 13, 2012; effective September 17, 2012. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 3/9/2018. Author: Department of Commerce Statutory Authority: Code of Ala. 1975, as a…

Notes Ala. Admin. Code r. 281-4-1-.05 New Rule: Filed August 13, 2012; effective September 17, 2012. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 3/9/2018. Author: Department of Commerce Statutory Authority: Code of Ala. 1975, as a…

Notes Ala. Admin. Code r. 281-4-1-.06 New Rule: Filed August 13, 2012; effective September 17, 2012. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 3/9/2018. Author: Department of Commerce Statutory Authority: Code of Ala. 1975, as a…

Notes Ala. Admin. Code r. 281-4-1-.07 New Rule: Filed August 13, 2012; effective September 17, 2012. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 3/9/2018. Author: Department of Commerce Statutory Authority: Code of Ala. 1975, as a…

(1) "Act" or "Program" means the Alabama New Markets Development Act, Act Number 2 012-4 83 of the State of Alabama, a copy of which should accompany these regulations. (2) "Applicant" means the Qualified Community Development Entity who submits an Application under the Act to ha…

(1) Only an Applicant that is certified as a Qualified Community Development Entity under the Federal New Markets Tax Credit Program and has entered into an allocation agreement with the CDFI Fund is eligible to apply for an allocation of Qualified Equity Investment authority und…

(a) The Department may not certify qualified equity investments that can result in the utilization of more than $20 million in tax credits in any tax year. (b) For purposes of paragraph (1), tax year shall mean any calendar year. (c) A Tax Credit is deemed to be utilized in each …

Upon written notice from the Department, the Department Revenue or the Department of Insurance as appropriate shall recapture any and all Tax Credits under the circumstances, in the amounts and using the procedures outlined in Section 8 of the Act. Notes Ala. Admin. Code r. 281-5…

The Program shall be administered by the Secretary or his or her designee. These rules shall be interpreted by the Secretary and his decision as to any interpretations shall be final. The Secretary may grant waivers and/or make exceptions from this chapter for particular situatio…

In addition to the definitions contained in Section 40-18-400 of the Code of Alabama 1975, the following words and phrases used in Title 40, Chapter 18, Article 18 shall have the following meanings: (1) ACT. The Alabama Renewal Act, codified at Title 40, Chapter 18, Article 18 of…

(a) Publicly owned facilities seeking designation as an inland port must apply to the Commission for official designation as an inland port. (b) A facility seeking designation as an inland port shall apply in writing on letterhead of the entity seeking designation and shall inclu…

(a) Calculations of base cargo volume shall be supported by records from the applicable port facility confirming the total amount of cargo volume for the applicable base cargo volume period, unless the applicant will be a new user of the port facility. In the case of a new user o…

(a) Port facility users seeking to obtain port credits may file an application on a form prescribed by the Commission. (b) Applications will be accepted on any date on or after September 1, 2016 until no additional port credits are available. (c) Applications shall be accompanied…

(a) Port credit allocations are awarded by the Commission pursuant to procedures adopted by the Commission. (b) Awards of port credit allocations by the Commission are conditional. Credits are earned based upon actual cargo volume transiting the applicable port facility during th…

(a) Within 90 days of the end of the Port Credit Incentive Period, the port facility user shall file certification of cargo volume on a form prescribed by the Commission. Certifications postmarked after this date shall be subject to a late certification fee in an amount equal to …

(a) Section 40-18-403(e) of the Code provides that port credits may be allocated by the Governor and awarded by the Commission pursuant to a project agreement between the State and a port facility user. Award of port credits pursuant to a project agreement is an alternative metho…