Alabama Administrative Code

REGISTRATION OF FIRM NAME See Master Code for form

ATTECHMENT TO FIRM REGISTRATION See Master Code for form

FIRM INFORMATION See Master Code for form

REQUEST FOR MODIFICATION IN THE ADMINISTRATION OF THE UNIFORM CPA EXAMINATION See Master Code for form

RE­-APPLICATION FOR C.P.A. EXAMINATION See Master Code for form

AUTHORIZATION FOR INTERSTATE EXCHANGE OF EXAMINATION AND LICENSURE INFORMATION See Master Code for form AUTHORIZATION FOR INTERSTATE EXCHANGE OF EXAMINATION AND LICENSURE INFORMATION (Page 2) See Master Code for form

APPLICATION FOR RE-­EXAMINATION See Master Code for form

APPLICATION FOR: (CHECK ONE) C.P.A. EXAMINATION, CERTIFICATE BY RECIPROCITY, TRANSFER OF GRADES See Master Code for form APPLICATION FOR: (CHECK ONE) C.P.A. EXAMINATION, CERTIFICATE BY RECIPROCITY, TRANSFER OF GRADES (Page 2) See Master Code for form

PRACTICE REVIEW STANDARDS -­ ATTACHMENT TO 30­-X­-8-­.05(3) (Page 1 of 42) See master code for form PRACTICE REVIEW STANDARDS -­ ATTACHMENT TO 30­-X-8-­.05(3) (Page 2 of 42) See master code for form PRACTICE REVIEW STANDARDS -­ ATTACHMENT TO 30­-X-8-­.05(3) (Page 3 of 42) See mas…

The Alabama Department of Senior Services mission is to promote the independence and dignity of seniors through a comprehensive and coordinated system of quality services. The Department, through advocacy, leadership and program administration, prepares the State of Alabama for t…

To the extent not otherwise defined within these rules and regulations or otherwise by law, the following definitions shall apply: (a) Board. The Board of Directors for the Alabama Department of Senior Services. The Board serves in an advisory capacity to the Department. (b) Comm…

(1) The Department serves as the State Unit on Aging pursuant to the Federal Older Americans Act of 1965, as amended. (2) The Department is designated in Title 38 Chapter 3, Code of Ala. 1975, as the State Agency to administer all programs made available to Alabama under the Fede…

(1) The Department shall follow applicable rules and regulations of state agencies for programs administered by the Department (e.g. Home and Community Based Services for the Elderly and Disabled Waiver Program).

(1) The Department has authority and responsibility to plan, develop and administer policy on programs for older persons and to provide a visible focal point for advocacy, coordination, priority setting, monitoring and evaluation of programs for older persons within the State. Th…

The Commissioner is the designated agent for service of legal process. The Commissioner is the Secretary for purposes of the Alabama Administrative Procedure Act. Requests for information should be made to the Commissioner as follows: Commissioner, Alabama Department of Senior Se…

(1) "Public record" for the purpose of these rules means all department records which are reasonably necessary to record the business and activities required to be done or carried on by the department that the status and condition of such business and activities can be known to t…

(1) For purposes of this section, authorized representative shall mean someone who has legal authority to act on behalf of an individual. The legal authority must grant authority to make decisions about health care. (2) All client and applicant information acquired by a service p…

(1) The Commissioner 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 Department, or wit…

(1) Any person may petition the Department for the adoption of a new rule or for the repeal or change of any existing rule. (2) Action by the Department on any such petition shall be as provided in the Code of Ala. 1975, §41-22-8. (3) In order to be considered, a petition for a r…

(1) The Department shall monitor the administration of area plans. The Department shall evaluate and monitor the performance of all Department grantees, subgrantees, service providers and contractors to ensure that all projects receiving federal and/or state funds operate effecti…

(1) An Area Agency on Aging will be designated in each planning and service area as defined by Section 305 of the Older Americans Act. (2) Actual designation occurs upon acceptance of the Area Agency’s Area Plan and formal execution of the associated contract. (3) The designated …

(1) Area Agencies on Aging shall develop a comprehensive and coordinated service delivery system for older individuals and to serve as the advocate and focal point for older persons in the Planning and Service Area. Area agencies shall give special emphasis to Older American Act …

(1) Within the planning and service area an area agency shall: (a) Serve as an effective and visible advocate and focal point for older persons of the planning and service area, and (b) Develop and administer the area plan for a comprehensive and coordinated system of services fo…

(1) Any public or private non-profit agency or organization is eligible to receive a subgrant or contract for services funded under the Older Americans Act. A regional or local agency of the State, however, is not eligible to perform as a service provider. An area agency shall no…

(l) Area agencies may apply for a waiver to provide direct services of Older American Act programs. Any request for a waiver shall follow Older Americans Act of 1965 requirements.Applications for waivers shall be made in writing to the Department Commissioner no less than 60 days…

(1) The following rules and minimum procedural safeguards shall govern the provision of services for the following categories of programs under the Older Americans Act: (a) Supportive services (with the exception of the Legal Assistance Program) (b) Congregate meals services (3) …

(1) The following rules and minimum procedural safeguards shall govern the provision of services for Department programs. (2) The Department requires service providers to follow these minimum procedures with regard to notice: (a) Notice of Proposed Action. 1. The service provider…

(1) A provider of services for an Area Agency, client or applicant may apply for an informal administrative review by the Department regarding an Area Agency decision only after the Area Agency complaint process has been exhausted. (2) Requests for informal hearings are limited t…

(1) Whenever possible, the Department shall attempt to resolve a complaint informally if it is likely to result in a timely resolution of the matter. (2) A written request for an informal administrative review shall be filed with the Department Commissioner within ten (10) calend…

(1) If a complainant is dissatisfied with the decision of an informal, administrative review hearing, or if an applicant, client or direct service provider chooses to forego their right to request an informal administrative review, he or she may request a formal hearing by submit…

Notification of a formal hearing shall include, at a minimum: (1) The time, date and place of the hearing; (2) The statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A short and plain statement as to the matters asserted.

(1) In the conduct of a hearing, a hearing officer shall have the following authority: (a) establish a date, time and place for the hearing; (b) maintain order; (c) make a record of the proceedings; (d) establish reasonable time limits for the conduct of the proceedings; (e) rule…

(1) A party to any formal action or contested case who intends to assert bias or conflict on the part of any hearing officer appointed by the Commissioner must do so by filing an affidavit and suggestion of disqualification together with the underlying factual basis for the asser…

Informal dispositions may be made of any matter set for hearing by stipulation, agreed settlement, consent order or default or by another method agreed upon by the parties. An informal disposition shall be reduced to writing, signed by the parties, and made a part of the party’s …

(1) The record of a hearing shall include: (a) the notice of proposed action; (b) the request for a hearing; (c) the administrative review decision, if any; (d) all pleadings, motions and intermediate rulings; (e) all evidence received or considered and all other submissions incl…

The rules of evidence as provided in the Code of Ala. 1975, §41-22-13 shall apply to all hearings conducted under these rules.

(1) Upon completion of a hearing, the hearing officer shall prepare a written decision and recommendation. The decision shall contain a statement of facts found by the hearing officer, a recitation of the application of the facts found to the applicable statutes, rules, regulatio…

(1) Within thirty (30) days of receipt by the Commissioner of the decision and recommendation of the hearing officer, the Commissioner shall notify the parties of the intent to review the decision in whole or in part. (2) The review conducted by the Commissioner shall be limited …

(1) Any party may, within fifteen (15) calendar days after entry of the final order, file an application for rehearing before the Commissioner as provided by Code of Ala. 1975, §41-22-17. (2) If the Commissioner does not grant the application within thirty (30) days from filing, …

(1) If a party fails without good cause to appear at either an administrative review or a formal hearing after proper service of notice the review team or hearing officer may, if no adjournment is granted, proceed with the review or hearing and make a decision in the absence of t…

If the last day of a time period falls on a Saturday, Sunday, or holiday authorized by Code of Ala. 1975, §1-3-8, then the last day of a time period shall be the next day the Department is open for business.

A party who has exhausted all administrative remedies available and who is aggrieved by a final order may seek judicial review pursuant to the provisions of the Code of Ala. 1975, §§41-22-20 and 41-22-21.

APPENDIces A thru D-5 (Repealed 7/10/09)

The following bait advertisement and bait and switch selling practices in the advertising, offering for sale or selling of any wholesale or bulk cut of meat to induce the sale of said meat are prohibited: (a) Disparaging or degrading any meat advertised or offered for sale by the…

The following pricing and financing practices in the advertising, offering for sale, or selling of any wholesale or bulk cut of meat to induce the sale of said meat are hereby prohibited: (a) Misrepresenting or failing to disclose fully and conspicuously the terms of any financin…

The following product representations in advertisement, offering for sale, or selling any wholesale or bulk cut of meat to induce the sale of said meat are prohibited: (a) Misrepresenting the cut, grade, brand, or trade name, or weight or measure of any meat or meat product; (b) …

In accordance with the provisions of Act 30 (Regular Session 1959) of the Alabama Legislature relating to the sale of Brake Fluid in Alabama, the following regulation establishing minimum standards and specifications for brake fluid were adopted and to become effective January 1,…