Alabama Administrative Code

(1) All certified contractors shall have and maintain a current license issued by the Board. A license is current only during the calendar year in which it is issued and shall expire on December 31 annually. A license shall automatically lapse at the end of the calendar year in w…

All new licensure applications, application for examination, annual renewal application, or any other submissions to the Board required by these rules, shall be deemed filed when received by the executive director or their designee. The executive director or designee may reject a…

(1) Any individual with the desire to qualify as a certified heating and air conditioning contractor or refrigeration contractor via examination process shall be required to sit for a prelicensure examination prior to being considered for licensing by the Board. Any applicant who…

The licensing requirements for certified contractors do not apply to the following: (1) Retail sellers of heating, air conditioning or refrigeration systems who does not provide installation of said systems, or provides for the contracting for the service, repair or installation …

(1) Any certified contractor who has not renewed their certification by 11:59 pm on December 31st annually is immediately considered lapsed and shall have until 11:59 pm on December 31st of the calendar year immediately following the lapse of certification to renew his certificat…

In the event an individual has taken the written examination without achieving a passing score they may, upon specific written request to the Board, be given an opportunity to take a practical examination equivalent to the written examination. This practical examination shall be …

(1) In the event a certified contractor in responsible charge separates by termination, layoff, or voluntary resignation from a partnership, corporation, business trust, or other legal entity operating under his or her certification, the certified contractor and entity shall noti…

(1) The person in responsible charge must direct the projects involving the installation or service and repair of heating, air conditioning or refrigeration systems under Alabama law. The person in responsible charge must be regularly employed person, a person who is an actual em…

(1) The following fees and charges have been established by the Board effective October 14, 2024. (a) Written examination fee $175.00 (b) Practical examination fee $375.00 (c) Initial certification fee for ACTIVE heating and air conditioning license $220.00 (d) Annual renewal fee…

(1) All licenses issued after July 26, 2019, are available for each contractor to view and print through an online portal provided by the Board. The Board may issue a copy of a license prior to 2019 for a certified contractor by request. (2) The Board may modify the information o…

The Board may charge a dishonored check fee as set by the Code of Alabama and established by these regulations for any check that has been dishonored by the financial institution that it was drawn on. Pursuant to Code of Ala. 1975, § 8-8-15, this fee must accompany a new payment …

(1) Any building official or mechanical inspector who holds an inactive heating and air conditioning license and/or refrigeration license, or who has sat for and passed the examination for certification shall not be required to submit payment of fees for an inactive certification…

(1) The Board may require an individual to provide a background check prior to applying for examination. Once the background check has been completed and reviewed, and all further documents have also been reviewed by the Board, a determination of a candidate's fitness to sit for …

(1) The Duct Air Tightness Testing (DATT) Contractor Registration is for individuals who perform duct leakage and duct tightness testing on heating and air conditioning systems in conjunction with energy code compliance as required by the International Energy Conservation Code or…

(1) Acceptance of Military Education, Training, or Service.(a) The Board may accept education, training, or service completed by an individual as a member of the Armed Forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or…

(1) Board Approved Continuing Education Provider: An individual; partnership; association; organization; educational institution; or governmental agency, offering continuing education for heating and air conditioning, and refrigeration contractors that meet Board criteria for app…

(1) All certified contractors shall be individually accountable for continued competence to renew annually. (2) The Board may prescribe additional continuing education courses as disciplinary action. (3) All certified contractors shall meet continuing education requirements as st…

The Board may implement a continuing education deficiency policy in the event a certified contractor cannot submit their continuing education hours before November 1 annually. Contractors who fail to submit at least four hours of continuing education hours prior to November 1 ann…

(1) The Board may designate an Education Committee on an annual basis to assist in the development of a curriculum of courses each year. The Board may charge fees for reviewing continuing education providers, courses, instructors, and non-traditional continuing education course a…

(1) An application for approval as a Board approved provider of continuing education shall submit to the Board the required fee and a complete application that demonstrates: (a) An organized plan for quality continuing education for heating and air conditioning or refrigeration c…

(1) An application for course approval from an approved provider of continuing education shall be submitted to the Board with the required fee. (2) The Board will consider proposed courses and curricula for approval only after a review of the proposal by the Board's Education Com…

(1) The Board may deny any education related application that fails to meet the established standards of the Board or which the Board considers inadequate to properly educate its certified contractors. The Board may consider requests for reconsideration for applications which hav…

(1) The Board may revoke, suspend, or terminate any provider, course, instructor, or curriculum approval if the Board determines that a course provider or curriculum has failed to comply with the Rules of the Board or its education requirements or has failed to comply with its wr…

(1) Any INACTIVE contractor who is 65 years of age or older is exempt from continuing education requirements. The inactive contractor is not eligible for this exemption until the year after they turn 65 years old. This exemption does not apply for the year in which the inactive c…

A certified contractor is not required to obtain four (4) hours of continuing education hours to renew their license for the first renewal year following the year he or she received their initial license. Notes Ala. Admin. Code r. 440-X-4-.10 New Rule: Filed March 6, 2013; effect…

(1) Minimum Standard: The basic or minimum requirements allowable by the Board as it pertains to the installation, service, and repair of residential and commercial heating and air conditioning, and commercial refrigeration equipment. (2) Installation: The act of installing, plac…

(1) Pursuant to Section 34-31-2 l(g), Code of Ala. 1975, the Board adopts the following minimum standards for the installation, service or repair of residential heating and air conditioning system, and all certified heating and air conditioning contractors shall comply with the m…

All certified contractors shall be required to provide the Board, if requested, a copy of the heat gain, heat loss, duct sizing, gas piping calculations drawings or other information used by the certified contractor or concerning the installation, service, and repair of heating, …

All certified heating and air conditioning contractors and certified refrigeration contractors shall be required to provide the Board, upon request, a copy of all heat gain, heat loss, duct design plans, gas piping plans, other load calculations, or drawings, and any information …

(1) Certified heating and air conditioning contractors, who do not hold the appropriate gas fitters license when performing work on heating, air conditioning or refrigeration systems involving gas connections, shall work only the gas piping after the shut off valve to the unit lo…

(1) Any heating and air conditioning system installation, service, or repair in a previously inspected modular or manufactured housing, by the Alabama Manufactured Housing Commission; is under contractual agreement between the owner of the structure and the certified contractor a…

(1) Every certified contractor shall display in a prominent, legible manner, The State of Alabama Board of Heating, Air Conditioning and Refrigeration Contractor's certification number and company name on all service and/or installation vehicles used in conjunction with heat and …

(1) Consumer Complaint: A complaint initiated by any written notice from a consumer that a certified contractor has performed substandard installation, service, or repair of a heating and air conditioning, or commercial refrigeration system (2) Board Complaint: A complaint initia…

(1) All entities, municipality, county, or state official charged with the duty of issuing mechanical or similar permits shall report to the Board the name and contact information of any individual in violation of Alabama law and/ or the rules and regulations set forth by the Boa…

The Investigative Committee shall be comprised of at least one Board member; the executive director of the Board; and the Board's attorney. The Board shall name the Board member to serve on the Investigative Committee on an annual basis. (1) No Board members shall serve more than…

(1) The Board may initiate investigations, as it deems appropriate, to determine compliance with state law and the rules and regulations of the Board including the competency, ability, and integrity of an individual certified or registered by the Board. (2) The Board shall consid…

The investigative committee or its designee shall have the power to act on the report of the investigation as follows: (1) Dismiss a complaint with a letter of closure If following its investigation, the Investigative Committee determines that no probable cause exists to proceed …

(1) The Board may offer an informal settlement to any individual involved in an investigation to resolve the administrative complaint or investigation by the Board. Neither the Board nor any other party is obligated or required to use informal settlement procedures or to particip…

(l) When the Investigative Committee recommends a suspension or revocation, the certified contractor is entitled to a hearing. (2) At least twenty days prior to the administrative hearing, an administrative complaint shall be served on the certified contractor as follows: (a) Per…

(1) Based upon the evidence presented at the administrative hearing or pursuant to informal disposition, the Board may take one or more of the following actions: (a) Dismiss the administrative complaint in its entirety or any alleged violation in the complaint. (b) Find the respo…

(1) The attendance of witnesses may be required by subpoena. The Chairman of the Board or the Board's Hearing Officer may grant a request for a subpoena upon a showing that the evidence sought is necessary, relevant, and material to the administrative hearing or investigation by …

If a party fails to appear at a hearing after being given notice of the hearing as required by these Rules, the Board or the Board's Hearing Officer may proceed with the hearing in the absence of the party. Author: Mark Montiel Notes Ala. Admin. Code r. 440-X-6-.10 New Rule: File…

(1) The Board may appoint a person to act on its behalf as Hearing Officer at its administrative hearings. The Hearing Officer shall preside at administrative hearings and shall rule on all questions of evidence and procedure. The Hearing Officer shall admit all evidence that is …

(1) The Board may, in its discretion, issue a written public or private reprimand or remove, revoke, or suspend the certification of any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates state law or the rules a…

The Department is created pursuant to Code of Ala. 1975, § 23-1-20. The chief executive officer is the Director of Transportation. The agency is comprised of the highway director, administrative offices, chief engineer, legal division, central office bureaus, and division offices…

The chief executive officer of the Alabama Department of Transportation shall be known as the Transportation Director, who shall be appointed by the Governor and shall hold office at the pleasure of the Governor. The state Transportation Director shall give his entire time to the…

The organization and staff of the Department is determined by the Transportation Director. Department organization and staffing may be modified by the Director. Generally, the Department is organized as follows: (a) Administrative Offices, which include the Chief Engineer (b) Leg…

The mission of the Department is carried out pursuant to statutory authority in Code of Ala. 1975, § 23-1-20, et. seq. The Department designee to whom functions are delegated in accordance with statutory authority shall, with regard to those functions, exercise all power, jurisdi…

The Alabama Department of_Transportation headquarters is located in the Department of Transportation Building, 1409 Coliseum Boulevard, Montgomery, AL 36110. The current division offices are at the following locations: Division 1 - Post Office Box 550 Guntersville, AL 35976-0550 …

Information regarding any permit or license and submission of any application may be_made directly to the office handling the matter, as provided in Rule 450-1-1-.05. Information may be obtained and applications submitted in person or writing directly to the appropriate office or…