Alabama Administrative Code

Notes Ala. Admin. Code r. 303-X-2-.13 New Rule: Filed May 10, 1996; effective June 14, 1996. Repealed: Filed February 9, 2007; effective March 16, 2007. Author: Statutory Authority: Code of Ala. 1975, Act 85-921-7.

(1) All rules and regulations shall be adopted, amended, or repealed in accordance with the Alabama Administrative Procedures Act, Code of Ala. 1975, §§ 41-22-1, et seq. (2) Prior to adoption, amendment, or repeal of any rule, the Board shall: (a) give at least thirty-five (35) d…

(1) Any interested party may petition the Board requesting the adoption, amendment or repeal of a rule. The petition shall:(a) be submitted in writing; (b) include an exact statement of the proposed rule, amendment or identification of the rule to be repealed; (c) include the per…

(1) All rules and other written statements of policy or interpretations formulated, adopted, or used by the Board in the discharge of its functions shall be made available for public inspection and copying, at cost. (2) All final orders, decisions, and opiniuons of the Board shal…

(1) The Board shall permit all interested persons reasonable opportunity to submit in writing data, views, or arguments concerning any proposed rule action. These submissions must be received by the Board at least seven (7) days before the date specified in the notice of the day …

Notes Ala. Admin. Code r. 303-X-3-.05 Filed March 7, 1986. Repealed: Filed February 11, 2011; effective March 18, 2011. Author: D. Mike Weeks Statutory Authority: Code of Ala. 1975, §§ 41-4-16, 41-4-35, 41-15-9, 41-22-8.

Notes Ala. Admin. Code r. 303-X-3-.06 Filed March 7, 1986. Repealed: Filed February 11, 2011; effective March 18, 2011. Author: D. Mike Weeks Statutory Authority: Code of Ala. 1975, §§ 41-4-16, 41-4-35, 41-15-9, 41-22-8.

(1) The Board may issue a declaratory ruling 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) Every electrical contractor licensee of the Board must complete continuing education courses in subjects relating to electrical contracting to assure the safe and proper installation of electrical work and equipment in order to protect the life, health, and property of the pu…

(1) Course providers may be, but are not limited to, colleges or universities, community colleges, trade associations, providers of self-study programs, employers, third party professional examination companies, or private instructors. The Board has sole authority to determine wh…

(1) Approved courses must be offered for no fewer than one (1) contact hour. A contact hour is 50 minutes of instruction in the form of seminars, lectures, conferences, or learning modules; the remaining 10 (ten) minutes is to allow for breaks. (2) Credit shall be granted to the …

(1) Group Courses and Seminars: Non-college. Continuing education credit for a group course that is not part of a college curriculum is given based on continuing education hours. A contact hour is 50 minutes of instruction. Credit is granted only for full continuing education hou…

(1) Approved course providers and instructors who state in their advertisements, brochures or other course descriptions that a particular course meets the requirement of the Alabama Board of Electrical Contractors for continuing education shall so state exactly as follows: This c…

(1) The Board may revoke, suspend or terminate the agreement with any approved continuing education course provider and/or instructor if the Board determines that either has failed to comply with the terms of the agreement or the Rules of the Board. (2) The Board shall have the a…

(1) Administrative Employee: A person who engages in clerical duties for a licensed company, whose work is restricted to office duties, and who has access to sensitive client information including, but not limited to, Social Security numbers, customer privacy codes, customer pass…

(1) Pursuant to the Code of Alabama 1975 34-1A-2, the board shall reflect the racial, gender, geographic, and economic diversity of the state, who are citizens of this state, appointed by the Governor, and subject to confirmation by the Alabama Senate. (2) Pursuant to the Open Me…

(1) Section 1 Company License (a) No person operating an alarm system company or locksmith company may sell, install, monitor or otherwise operate in the state of Alabama without a license from the Board of Licensure. (b) The company will complete an application and pay the neces…

(1) Fees are to be paid to the Board of Licensure by certified cashier's check, credit card, debit card, or by money order: Administrative fee $150.00 One-time fee upon the first application or company name change Laye Renewal Fee $500.00 One-time fee upon the submission of a com…

(1) Burglar Alarm (B) (a) Qualifying Agent licensed for the purpose of installing or servicing burglar alarm systems: an applicant must have completed a Board approved certification class (Level 1) and an advanced Board approved certification class and passed the proctored exams …

(1) Pursuant to Code of Ala. 1975, § 34-1A-6, an exemption from the licensing and regulatory provision of this chapter may be granted to certain persons or entities. (2) Those persons or entities may request a letter of exemption from the board by submitting the following:(a) A l…

(1) The following code is intended to aid companies licensed by the Alabama Electronic Security Board of Licensure and their employees, individually and collectively, (hereinafter referred to as companies), in maintaining a high level of ethical conduct. This code evolved out of …

(1) Receiving Complaints(a) Complaints alleging that licensees and/or non-licensees have violated AESBL laws and/or regulations must be submitted in writing on a form created by the Board. Complaints must be signed to be processed. Any person, including a Board member or person e…

(1) The following violations of Ala. Code §34-lA-7(e) may result in referral for criminal prosecution, in lieu of, or in addition to disciplinary action by the Board: (a) Advertising alarm services or locksmith services to the public without possessing an active license issued by…

(1) The Board may conduct inspections relative to the operations of unlicensed persons to ensure lawful compliance. (2) If the Board has information relative to a person's unlawful activity, conduct or practice, the Board may issue an order for the person to show cause why an ord…

(1) Any person or business entity that is not licensed by the board, or who has not renewed a license within the preceding 24 months, may be sued for injunctive relief in a court of competent jurisdiction. (2) If the board obtains injunctive relief in a Court of Law, the individu…

The Department of Economic and Community Affairs was established by Act No. 83-194, Second Special Session 1983, to consolidate the office of State Planning and Federal Programs, the Office of Employment and Training, the Alabama Law Enforcement Planning Agency, the Alabama Depar…

Any federal or state law or regulation hereafter cited within any rule of any Division of this Department as a referral basis for that rule shall be considered to be an adoption of that law or regulation by this Department. Copies of each such law or regulation thus cited as a re…

A copy of any rule adopted by reference and found within the Code of Administrative Procedure of the Department of Economic and Community Affairs may be obtained from the office of the Secretary of the Department of Economic and Community Affairs upon written request and a fee of…

Any person who wishes to propose that the Department adopt, amend, or repeal any rules herein may do so by submitting the proposal in writing to the Department Secretary and including the proposing party's name, address, telephone number, date, and signature. The proposal will be…

This regulation sets forth an agency-wide debarment and suspension policy for ADECA. (1) A person that is debarred or suspended shall be excluded from federal and state financial and nonfinancial assistance and benefits under ADECA programs and activities. Debarment or suspension…

(1) Adequate evidence. Information sufficient to support the reasonable belief that a particular act or omission has occurred. (2) Affiliate. Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or, a third pe…

These regulations apply to all persons who have participated, are currently participating, or may reasonably be expected to participate in transactions with and/or through ADECA programs, hereafter referred to as covered transactions. (1) Grantees. Recipients of funding and/or se…

(1) In order to protect the public interest, it is the policy of ADECA to conduct business only with responsible persons. Debarment and suspension are discretionary actions that, taken in accordance with these regulations, are appropriate means to implement this policy. (2) Debar…

(1) Except to the extent prohibited by law persons who are debarred or suspended shall be excluded as either grantee/recipients or subrecipients from any ADECA program throughout the period of their debarment or suspension. (2) Exception provision. ADECA may grant an exception pe…

(1) The debarring official may debar a person for any of the causes listed as follows using the procedures established in these regulations. The existence of a cause for debarment, however, does not necessarily require that the person be debarred; the seriousness of the acts or o…

(1) General. (a) The suspending official may suspend a person for any of the causes listed as follows using procedures established in these regulations. (b) Suspension is a serious action to be imposed only when: 1. There exists adequate evidence of one or more of the causes set …

In accordance with these guidelines, ADECA shall compile, maintain, and distribute a list of all persons who have been debarred, suspended, or voluntarily excluded by ADECA, and those who have been determined to be ineligible. Authors: Robert H. Pruit, Paula L. Murphy Notes Ala. …

The Alabama Uniform Electronic Transactions Act ("UETA"), Section 8-1A-1 et seq. of the Code of Ala. 1975, enacted in 2002, Is intended to facilitate the use of electronic signatures and other records in business, commercial, and governmental transactions. The Act promotes, but d…

Except as otherwise specified in this rule, undefined terms have the respective meanings set forth in the Act. Notwithstanding the foregoing, the following words in this rule shall have the following meanings: (a) Act or UETA. Alabama Uniform Electronic Transaction Act, Code of A…

In accordance with Section 8-1A-18(a) of the Code of Ala. 1975, ADECA hereby establishes that to the fullest extent permitted by the Act and except as otherwise provided in this administrative rule, ADECA will send and accept electronic records and electronic signatures to and fr…

. In accordance with Section 8-1A-17 of the Code of Ala. 1975, ADECA hereby establishes that to the fullest extent permitted by the Act and except as otherwise provided in this administrative rule, it will create and retain electronic records. Any such electronic records will be …

Unless otherwise clearly indicated the following terms shall be given the following interpretations. (1) BALLOT CONFIGURATION: The particular combination and arrangement of offices, candidates and questions for a precinct or subdivision thereof. (2) BALLOT LABEL: A card, paper, b…

Except as provided in these rules, the use of marksense ballots in all elections shall be governed by the law governing the use of paper ballots and the use of direct recording electronic voting devices shall be governed by the law governing voting machines including, where local…

To the extent practicable, these rules shall apply in all municipal elections that are conducted using direct recording electronic voting devices or marksense ballot counting systems. The duties assigned in these rules to a state or county election official shall be performed by …

(1) The probate judge shall have each precinct ballot counter tested to ascertain that it will accurately count the votes cast for all official and all measures. Each counter shall be publicly tested before each election in which it is to be used. The date of the public test shal…

Each central ballot counter shall be tested in the same manner as required for precinct counters except that there shall be a set of test ballots, together with any necessary header cards for each ballot configuration to be voted on in the county or section of the county to which…

(1) Marksense ballots shall, so far as practicable, be in the same order of arrangement as provided by Sections 17-8-4 and 17-8-5 for paper ballots, except that they shall be of the size and design required by the marksense ballot counters and may be printed upon one or more sepa…

Sections 17-9-36 and 17-9-37, which provide for the custody and transportation of voting machines, shall apply to marksense ballot counters as well. In addition to the custodian now authorized by law, a county may employ electronic voting specialists to serve as troubleshooters d…

In assigning voters to voting equipment as provided by Sections 17-5A-3 through 17-5A-6, the county commission shall not be bound by the limits of 300 voters per ballot box or 600 voters per voting machine. The county commission shall provide sufficient precinct counters, or ball…

The county commission shall provide sufficient voting stations so that each voter shall be given the opportunity to vote in privacy without undue delay. At no time shall the number of voters permitted in the voting area exceed the number of private voting stations available, unle…