Alabama Administrative Code

(1) The Basic Plan Review Fee, the Basic Permit Fee, and the Basic Contract Document Administration Fee are subject to the Final Reconciliation at the close of construction as described in Rule 355-16-1-.05. (2) Basic Plan Review Fee: This fee includes review of Schematic, Prelim…

(1) The balance of the Basic Plan Review Fee payment shall be accompanied by the "Plan Review Fee Worksheet" and a copy of the architect's latest estimated Construction Cost. The cost estimate shall be the basis for calculating the estimated Basic Plan Review Fee on the fee works…

(1) Final Reconciliation: The Basic Plan Review Fee, the Basic Permit Fee, and the Basic Contract Document Administration Fee are paid based on the best estimate of the Construction Cost at the time each fee is due. When construction is complete, a Final Reconciliation will recal…

Where work, for which Division of Construction Management approval is required, is started or proceeds prior to obtaining said approval, the fees herein specified shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirem…

Notes Ala. Admin. Code r. 355-16-1-.07 New Rule: Filed August 7, 2014; effective September 11, 2014. Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 02, November 29, 2019, eff. 1/13/2020. Author: Katherine Lynn Statutory Authority: Code of Ala. 1975, § 41-9-1…

(1) Act. The term "Act" as used in this Chapter 355-17-1 shall mean Title 34, Chapter 14B of the Code of Ala. 1975, as amended. (2) Alabama Administrative Procedure Act. The Term "Alabama Administrative Procedure Act" refers to the act codified at Title 41, Chapter 22 of the Code…

The Division of Construction Management shall do the following consistent with Code of Ala. 1975, §§ 34-14B-1, et seq. and this chapter: (a) Issue, renew, suspend, or revoke licenses for Home Inspectors and EIFS Inspectors. (b) Investigate and conduct hearings upon complaints to …

(1) The Division of Construction Management shall publish on its website and otherwise make available for public inspection upon request, a complete roster of all licenses issued and renewed for that calendar year. The roster shall also indicate the home inspectors who have obtai…

All Home Inspectors and EIFS Inspectors shall have and maintain a current license issued by the Division of Construction Management. A license is current only during the calendar year for which it is issued. Unless renewed, a license automatically shall expire at the end of the c…

License applications, annual license renewal applications, and all other applications or submissions required by the Act and these rules shall be deemed filed when received by the Director. The Director may reject an application that is inaccurate, incomplete, or for which all fe…

(1) To initially become a Home Inspector, one must: (a) Have one of the following four qualifications:1. Membership in and adherence to the ethical standards of one of the following professional bodies at the time of application: American Society of Home Inspectors, Inc. (ASHI), …

(1) To become an EIFS Inspector, one must: (a) Be a member of and adhere to the ethical standards of one of the following professional bodies: Exterior Design Institute, 1531 Early Street, Norfolk, VA 23502. Association of the Wall and Ceiling Industry, 513 West Broad Street Suit…

(1) A license is valid only during the calendar year indicated on the license. At the end of that calendar year, the license expires unless it is renewed by the licensee. (2) Beginning with renewals for the 2021 license year, to renew a Home Inspector license, the licensee must: …

(1) Grounds for Denial. The Director may deny an application for a license or a license renewal for the applicant's failure to meet any requirement or standard established by the Act or these rules. (2) Notice of Denial. The Division of Construction Management shall give any appl…

An application for a license, or any request for which a fee is required, must be accompanied by payment of the requisite fee in full in the appropriate form, or else the application or request shall be denied. Notes Ala. Admin. Code r. 355-17-1-.10 New Rule: Filed September 23, …

Fees shall be paid by cashier's check, bank check or commercial money order or an electronic means accepted by the Director. Fees are deemed paid when the funds represented by the check or money order are received by or made available to the Director. Notes Ala. Admin. Code r. 35…

No fee or part of a fee paid by an applicant for a license, or any request for which a fee is required, shall be refunded as a result of the denial, revocation, or suspension of the applicant's license. In the event an applicant fails to complete the application process successfu…

A fee of $300 shall accompany every application for licensure or application for the renewal of a license. Notes Ala. Admin. Code r. 355-17-1-.13 New Rule: Filed September 23, 2002; effective October 28, 2002. Amended (Rule number only): Filed July 31, 2019; effective September 1…

The Division of Construction Management may adjust the fees as necessary to cover the Division of Construction Management's operating costs as provided in Code of Ala. 1975, § 34-14B-5. Notes Ala. Admin. Code r. 355-17-1-.14 New Rule: Filed September 23, 2002; effective October 2…

(1) There shall be an Alabama Home Inspectors Advisory Committee, consisting of nine members, each of whom shall be appointed by the Director, selected as follows: (a) Two members of the committee shall be current Alabama licensed home inspectors that are current ASHI members wit…

(1) The committee shall do the following:(a) Advise the Director on all aspects of the Home Inspector and EIFS Inspector licensing process and requirements. (b) Review continuing education requirements and recommend changes and areas of focus. (c) Review complaints against licens…

(1) The Director may initiate such actions as he or she deems appropriate to investigate and determine compliance by Home Inspectors, EIFS Inspectors, and unlicensed inspectors with the provisions of the Act and the rules of the Division of Construction Management. The Director r…

(1) In the event a complaint is filed against a licensee or if the Director determines from other information that an investigation is necessary, the procedure for investigation of the complaint shall be as follows: (a) The complaint shall be sent to the Home Inspector Advisory C…

Within a reasonable amount of time prior to the scheduled hearing, the parties shall exchange all documents to be introduced into evidence at the hearing. The hearing officer, or in the absence of a hearing officer the Director, shall make all other decisions concerning pre-heari…

(1) Conduct of Hearing (a) The Director, in his or her discretion and subject to applicable provisions of the Alabama Administrative Procedures Act, may appoint a hearing officer to hear the evidence and submit a report to the Director, including recommended findings of fact and …

(1) Revocation and suspension of license and imposition of administrative fines. The Director may revoke or suspend the respondent's license and may impose and collect administrative fines not to exceed $3,000 per violation of the Act or these rules: (a) Upon a finding that the r…

A licensee whose license has been revoked, suspended or who otherwise has been the subject of a final disciplinary action may appeal the Director's order to the Circuit Court of Montgomery County, or such other proper venue as disclosed in Code of Ala. 1975, § 41-22-20(b). Any su…

Any licensee whose license has been revoked or suspended may apply to the Director for reinstatement of the license at any time. In the application for reinstatement, the applicant shall state why the license should be reinstated and shall specifically set forth any change in cir…

Upon receipt of evidence that a licensed Home Inspector or EIFS Inspector has violated or is about to violate the Act or the rules of the Division of Construction Management, the Director may petition the Circuit Court of the county in which the violation occurred or is about to …

(1) Definition of Terms. As used in Rules 170-X-25-.01 and .02, the following terms shall have the following meanings: (a) Alarm Systems. Warning devices, installed or free-standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, s…

(1) The home inspector will express an opinion only when it is based on practical experience and honest conviction. (2) The home inspector will always act in good faith toward each client. (3) The home inspector will not disclose any information concerning the results of the insp…

(1) Scope and Purpose. (a) Inspections performed in accordance with these guidelines are intended to provide the building owner or client with a better understanding of the exterior cladding system and component conditions as observed at the time of inspection. (b) EIFS Inspector…

(1) Quality of Care. EIFS Inspectors shall commit to ongoing professional development and education. (2) Individual Rights. EIFS Inspectors shall strive to recognize and respect the rights, dignity and individuality of all persons. An EIFS Inspector shall not unlawfully discrimin…

All previously existing rules for the Consent for sale or Issuance of Certain Authorities by Electric Membership Cooperatives are repealed and replaced in their entirety by this chapter. Author: Department of Finance Notes Ala. Admin. Code r. 355-2-1-.01 New Rule: Filed September…

The rules and regulations in this chapter are prescribed for carrying into effect Code of Ala. 1975, § 41-4-16, as amended, which provides that no bonds or other evidence of indebtedness of any commission or authority created to construct or reconstruct highway bridges, approache…

As used in this chapter, except where the context clearly indicates otherwise, or where the term is defined elsewhere in this chapter, the following definitions shall apply: (a) Debt means bonds or other evidence of indebtedness. (b) Department means the Department of Finance. (c…

The General Counsel of the Department or his or her designee shall serve as the hearing officer to conduct all hearings under this chapter. All petitions, correspondence, requests for information and any other submissions made pursuant to this chapter should be made to the Genera…

The hearing officer shall, in accordance with these rules, and except as otherwise provided in these rules, rule upon all questions of procedure and, in the event that evidence is taken, on the admissibility of the evidence. The decision of the hearing officer shall be final. Aut…

(1) Filing of Petitions. The hearing procedure is initiated by filing a petition with the Legal Division of the Department. (2) Contents of Petitions. To the extent applicable to the project, all petitions shall contain or be accompanied by the following information: (a) A specif…

Instructions for petitions filed by electric membership corporations and electric cooperatives are found in Appendix A of these rules and are a part of this rule. Petitions filed by Electric Membership Corporations and Electric Cooperatives pursuant to appendix A shall contain th…

After a petition is filed, the Petitioner shall prepare for approval by the hearing officer a notice of the time and place of the hearing on the petition. The Petitioner must cause the notice of the hearing to be published at its own expense in one newspaper published or circulat…

All hearings shall be open to the public. Opportunity shall be afforded to all persons attending the hearing to present evidence and argument in favor of or in opposition to the petition. The hearing officer shall determine if the proceedings at the public hearing shall be transc…

Following the hearing on the petition, the hearing officer may request that the Petitioner prepare a proposed order for consideration by the Director of Finance. The proposed order shall either grant or deny the petition and may address any other matters deemed relevant by the De…

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 documents in business, commercial, and governmental transactions. The Act promotes but not require the use o…

Except as otherwise specified in this rule, undefined terms have the respective meanings set forth in the Act. Notwithstanding the forgoing, the following words where used in this rule shall have the following meanings: (1) Act or UETA. Alabama Uniform Electronic Transaction Act,…

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

In accordance with Section 8-1A-20 of the Code of Ala. 1975, the Department hereby establishes that to the fullest extent permitted by the Act and except as otherwise provided in this administrative rule, the Department may create and retain electronic records and convert written…

(Repealed). Author: Notes Ala. Admin. Code r. 355-3-1-.01 Filed September 30, 1982. Repealed: Filed October 18, 2001; effective November 22, 2001. Statutory Authority: Code of Ala. 1975, §§ 41-15-9, 41-15-2.

(Repealed). Author: Notes Ala. Admin. Code r. 355-3-1-.02 Filed September 30, 1982. Repealed: Filed October 18, 2001; effective November 22, 2001. Statutory Authority: Code of Ala. 1975, § 41-15-21.

(Repealed). Author: Notes Ala. Admin. Code r. 355-3-1-.03 Filed September 30, 1982. Repealed: Filed October 18, 2001; effective November 22, 2001. Statutory Authority: Code of Ala. 1975, § 41-15-2.