Alabama Administrative Code

(1) Driving a motor vehicle in excess of posted speed shall be unlawful. The maximum speed limit for any power driven vehicles shall be 25 miles per hour unless otherwise posted. (2) Driving any vehicle carelessly and heedlessly disregarding the rights or safety of others, or wit…

(1) Bringing a dog, cat or other animal into a State Forest shall be unlawful unless such animal is crated, caged, or kept upon a leash or otherwise under physical restrictive control at all times. (2) No person shall keep a noisy, vicious, or dangerous dog or animal in any area …

(1) Failure to dispose of all garbage, including paper, cans, bottles, waste materials, and rubbish by removal from the site or area, or disposal at places provided for such disposition shall be unlawful. (2) No person shall dump any refuse or waste from any trailer or other vehi…

(1) It shall be unlawful to incite or participate in riots, indulge in boisterous, abusive, threatening, indecent or disorderly conduct in any State Forest area. (2) Creating disturbing and unnecessary noise in campground and cabin areas between the hours of 10:00 p.m. and 6:00 a…

No person shall possess, discharge, ignite, or otherwise set off on or within a State Forest any firecrackers, torpedoes, rockets, cap pistols, sky lanterns (also known as Chinese lanterns), or any other fireworks. Notes Ala. Admin. Code r. 390-X-7-.08 New Rule: Filed April 12, 2…

(1) Building any fire in a State Forest outside of stoves, grills, fireplaces, fire rings, or other places provided for such purposes shall be unlawful. All fires shall be attended to at all times and shall not be abandoned until such fires have been completely extinguished. (2) …

(1) Unless otherwise posted or authorized, the hours of operation for all State Forests shall be sunrise to sunset. (2) It shall be unlawful to enter or use a site or area, or portion of a site or area, which is closed to public use. (3) Only registered overnight guests and perso…

(1) The Alabama Forestry Commission shall not be responsible for any accident or injury to any person while on State Forest property or when using any State Forest facility. Any person coming within a State Forest or using a State Forest facility shall by such entrance or use wai…

Each State Forest or other Forestry Commission property not in a Wildlife Management Area or Handicapped Hunting Area designated by the Alabama Department of Conservation and Natural Resources, is hereby designated as a game and wildlife sanctuary, and it shall be unlawful therei…

(1) The words "State Forest" as used in any regulation in this chapter shall include and embrace all land or water that is owned, leased, or otherwise controlled by the Alabama Forestry Commission. (2) All State and Federal laws now in force and laws which may hereafter be enacte…

It shall be unlawful to possess or consume any alcoholic beverage on State Forests. Notes Ala. Admin. Code r. 390-X-7-.14 New Rule: Filed April 12, 2005; effective May 17, 2005. Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 09, June 29, 2018, eff. 8/4/2018. Au…

Any volunteer fire department certified by the Alabama Forestry Commission in accordance with Code of Ala. 1975, § 9-3-17 prior to adoption of these regulations shall remain certified unless and until such volunteer fire department is decertified pursuant to the procedures provid…

(1) A group seeking certification as a volunteer fire department in accordance with Code of Ala. 1975, § 9-3-17 must satisfy all the following standards and criteria before seeking certification by the Alabama Forestry Commission: (a) The group must be incorporated as a nonprofit…

(1) Recommendation by County Fire Association. A group that has satisfied all the standards and criteria set forth in Ala. Admin. Code Rule 390-X-8-.02 may petition the county fire association where the group is located to be recognized as a volunteer fire department. If the grou…

(1) Upon recommendation of a county fire association, the Alabama Forestry Commission may decertify a volunteer fire department at any time based on any of the following grounds:(a) The department ceases for any reason to be incorporated as a nonprofit entity or be operated under…

(1) Certification Inspections. When requested by a county fire association, the State Forester may direct that a volunteer fire department in such county, or a group seeking certification as a volunteer fire department in such county, be inspected to determine whether that depart…

(1) After conducting both an initial and second decertification inspection of a certified volunteer fire department, the State Forester shall determine whether grounds yet exist for decertification of such department, as specified in Ala. Admin. Code Rule 390-X-8-.04. Before dece…

(a) If a volunteer fire department certified by the Alabama Forestry Commission in any way refuses to allow a decertification inspection required by Ala. Admin. Code Rule 390-X-8-.05, or if a department fails to respond to any notice of a decertification inspection within 30 days…

(a) Any volunteer fire department certified by the Alabama Forestry Commission may decide at any time to voluntarily relinquish its certification, regardless of whether a decertification inspection has been requested or performed. (b) To effectuate a voluntary decertification, th…

The purpose of this chapter is to establish procedures for the disbursement of grants to support rural economic development, as authorized by the Rural Logging Efficiency Act of 2023, codified at Ala. Code § 9-3-10.2. Notes Ala. Admin. Code r. 390-X-9-.01 Adopted by Alabama Admin…

(1) When used in this chapter, the following terms have the meaning given below:(a) "Commission" means the Alabama Forestry Commission. (b) "Forest products" means any material harvested from a forest or generated by the manufacture of a finished product using materials harvested…

The Commission will receive and consider applications for the following types of grants under the Program: (1) Eighty-five (85) percent of Program funds received by the Commission in a fiscal year from the Logging Efficiency Grant Fund within the State Treasury will be allocated …

(1) The Commission shall appoint seven (7) persons to serve on an advisory committee which will review and prioritize rural bridge grant applications. The rural bridge grant advisory committee will meet as required, and it will make recommendations to the Commission regarding whi…

(1) Workforce development and logging technology grants shall be reviewed and prioritized by a committee comprised of the State Forester and three (3) Commission staff members appointed by the Commission. Such committee will make recommendations to the Commission regarding which …

(1) Requests for grants from the Program shall be submitted to the Commission on application forms or in a format specified by the Commission. (2) Applications for grants from the Program must be submitted to the Commission no later than the deadlines established and published by…

(1) Upon approval of grant applications, the Commission will determine the exact amount of the grant award and prepare a grant agreement. (2) The grant agreement will be forwarded to the applicant to be signed by a person having legal authority to bind the grant recipient. Paymen…

(1) Each recipient of grant funds shall maintain accurate records of all expenditures associated with the project funded by grants awarded pursuant to this chapter and shall assure that these records are available for inspection and/or audit upon request by the Commission. Record…

The statutory authority for control and regulation of development of certain health care facilities is found at Code of Ala. 1975, §§ 22-21-260, et. seq. The State Health Planning and Development Agency is the agency of the State of Alabama which is designated by the Governor as …

Further authority for the certificate of need program is found in Executive Order Number Twenty-Three (23), dated March 30, 1984, and the First Amendment thereto, dated June 23, 1987. Author: Notes Ala. Admin. Code r. 410-1-1-.02 Statutory Authority: Code of Ala. 1975, § 22-21-26…

The State Health Planning and Development Agency is authorized to prescribe by rules and regulations, with the advice and consultation of the Statewide Health Coordinating Council, review criteria, review procedures, and clarifying definitions consistent with Alabama law. (See Ch…

(1) Injunctive Relief. Injunctive relief against violations of the statute or any reasonable rules and regulations of the state agency may be obtained from the Circuit Court of Montgomery County, Alabama, at the instance of the state agency, any holder of a certificate of need th…

(1) Any person may apply independently and without notice for an emergency Certificate of Need for the authorization of capital expenditures made necessary by unforeseen events which endanger the health and safety of the patients. Emergency capital expenditures include, but are n…

(1) A person may apply for a non-substantive review which is applicable to proposals for capital expenditures up to five hundred thousand dollars ($500,000.00) and which: (a) does not result in a substantial change in service; or (b) proposes equipment to upgrade or expand an exi…

(1) A proposed change in a project for which the state agency has previously issued a certificate of need will require approval by the Certificate of Need Review Board or the executive director of the State Agency, as specified below. Approval is required whether or not a capital…

A home health agency shall notify SHPDA that it has begun accepting referrals from a county contiguous to its service area within fourteen (14) days of the receipt of the first referral from the contiguous county. The notice shall be submitted electronically in PDF format pursuan…

(1) The Statewide Health Coordinating Council ("SHCC") has found that that additional health care resources may be required, on an urgent and temporary basis, to address public health needs of the citizens of Alabama during a State of Emergency declared by the Governor (a "Declar…

A Certificate of Need issued under these rules shall be valid for a period not to exceed twelve (12) months from the date of issuance, and may be subject to one extension not to exceed twelve (12) months, provided the holder of the Certificate of Need applies pursuant to Rule 410…

The holder of the certificate of need must incur a firm commitment or obligation as defined by statute and these rules within the initial twelve (12) month period, or if extended, within the extension period. Should the obligation be incurred before the expiration date of the cer…

If the holder of the Certificate of Need fails to incur the firm commitment or obligation within the initial twelve-month (12 month) period, or during any extension period, then the certificate shall be terminated and shall be null and void. No extension can be granted except upo…

(1) If the holder of the Certificate of Need fails to commence the construction project within the time period stated in the construction contract or to complete the construction project within the time period stated in the construction contract, then the Certificate of Need shal…

Upon completion of the construction project and issuance by the contractor of the certificate of completion, a copy of which shall be forwarded to the state agency, or upon receipt by the agency of proof of purchase of equipment, or upon receipt by the state agency by the chief e…

No later than one month before the date of expiration of the Certificate of Need, the holder of the Certificate of Need may exercise his right to apply for an extension using the appropriate State Agency form. It shall be the duty of the holder of the Certificate of Need to reque…

(1) The state agency will review the application for extension of the certificate of need against each of the criteria enumerated and described below. No extension of the certificate of need may be granted if the application indicates a substantial change in the scope of the proj…

(1) A holder of a Certificate of Need may elect to surrender his Certificate of Need, not incurring an obligation thereunder. For the surrender to be effective, the holder of the Certificate of Need must notify the State Agency pursuant to Rule 410-1-3-.09 of the intent to surren…

(a) Upon, as applicable, (1) the completion of construction and issuance of a certificate of completion; (2) the receipt of proof of the purchase of equipment; or (3) the inauguration of a new health service, the Certificate of Need issued for such project shall be vested in and …

Prior to the adoption, amendment, or repeal of any rule, the Certificate of Need Review Board shall give at least 35 days notice of its intended action by publishing said notice in the Alabama Administrative Monthly. Author: Notes Ala. Admin. Code r. 410-1-12-.01 Statutory Author…

(1) The notice of intended action shall include the following: (a) a statement of either the terms or substance of the intended action or a description of the subjects and issues involved; (b) the time, place, and manner in which interested persons may present their views thereon…

At the next regular monthly meeting of the Certificate of Need Review Board following the expiration of the thirty-five (35) day notice period, a public hearing on any proposed rule changes will be held before the adoption of the proposed rule or rules. All interested parties who…

The effective date of these rules and regulations, of all amendments thereto and repeals thereof, and of the adoption of emergency rules shall be determined in accordance with the Alabama Administrative Procedure Act. Author: Notes Ala. Admin. Code r. 410-1-12-.04 Statutory Autho…

Emergency rules will be adopted pursuant to the Alabama Administrative Procedure Act. Author: Notes Ala. Admin. Code r. 410-1-12-.05 Statutory Authority: Code of Ala. 1975, § 41-22-5.