Alabama Administrative Code

(a) Grant programs are developed to meet the goals and objectives of the Alabama Historical Commission. The Alabama Historical Commission develops each program and defines the type of historic and/or archeological resource to be assisted, funding limit, matching share and any oth…

(Repealed 6/14/06). Author: Gregory C. Rhinehart Notes Ala. Admin. Code r. 460-X-9-.01 Filed October 22, 1991. Repealed: Filed May 10, 2006; effective June 14, 2006. Statutory Authority: Code of Ala. 1975, §§ 41-9-241, 41-9-249, United States Code, 16 U.S.C. 470.

Introduction. This policy has been developed to aid archaeologists conducting archeological intensive survey (Phase 1) or testing (Phase II) projects that are required as elements of cultural resource assessments for compliance with federal laws and regulations, including the Nat…

These standards have been developed to guide institutions, groups, or individuals conducting submerged resource assessments for compliance with Alabama Law in efforts to seek and identify submerged resources within Alabama waters and for compliance with federal laws and regulatio…

(1) Code of Ala. 1975, § 34-14A-2, provides for definitions of the following terms: Advisory Council, Board, Cost of the Undertaking, Homeowner, Improvement, Inactive License, License, Licensee, Person, Qualifying Representative, Residence, Residential Home Builder, Residential R…

The Alabama Home Builders Licensure Board was created to regulate the home building, residential construction, and remodeling industries and to provide home building standards in the state of Alabama. Authors: David R. Boyd, Dorman Walker, Lois Woodward Notes Ala. Admin. Code r. …

The Board annually shall elect from its members a Chairman, Vice Chairman and Secretary/Treasurer. The Chairman shall exercise general supervision of the Board's affairs, shall preside at all meetings when present, shall appoint all committees, sign all vouchers or, on approval o…

(1) The Board shall select and employ an Executive Director who shall be responsible for the administration of Board policies. The Executive Director shall fulfill the duties assigned to the executive secretary, secretary/treasurer, or secretary in the Act and Alabama Administrat…

(1) Within 30 days after the annual appointment of new members, the Board shall meet for the purpose of organizing and transacting such business as may properly come before it. (2) The Board also shall meet at least quarterly, and at such other times as the Chairman may designate…

All Board members, including the Chairman, are entitled to make or second motions. A majority of those members of the Board present and voting on any matter shall decide that matter before the Board, except that the Chairman of the Board or other Board member presiding as Chairma…

The Board shall publish, electronically or otherwise, by March 31 of each year a complete roster of all licenses issued and renewed for that calendar year. The board may provide mailing lists of licensees to only approved continuing education providers, who have signed an agreeme…

The Act shall apply in all counties of the state and all residential home builders within the state shall be required to be licensed by the board annually. Notes Ala. Admin. Code r. 465-X-2-.07 Filed: March 22, 1993. New Rule: Filed: May 12, 1993, effective June 16, 1993. Amended…

(i) The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of any 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 to…

(i) The Board may, in its discretion, issue an advisory opinion to any licensee, governmental official, or entity substantially affected by a rule or statute enforceable by the Board. Board advisory opinions may address, but not necessarily be limited to, the applicability of suc…

All residential home builders 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. Unless timely renewed, a license automatically shall expire at the end of the calendar year for which it was issu…

License applications, annual license renewal applications, and all other applications or submissions required by these rules shall be deemed filed when received by the Executive Director. Applications filed at least 30 days before the next regularly scheduled Board meeting shall …

The licensing requirements of the Act shall not apply to: (1) Any employee of a licensee who engages in the residential home building business solely as the employee of that licensee and personally does not hold himself or herself out for hire or engage in the business of residen…

(1) Form of License. Licenses shall be issued only to individuals, partnerships, corporations, limited liability companies, and not-for-profit organizations:(a) An individual applying for a license personally must satisfy all the licensure requirements. (b) A partnership, corpora…

(Repealed 10-28-94). Authors: David R. Boyd, Dorman Walker, Lois Woodward Notes Ala. Admin. Code r. 465-X-3-.05 Repealed: Filed September 23, 1994; effective October 28, 1994. Statutory Authority: Code of Ala. 1975, §§ 34-14A-5, 34-14A-7, 34-14A-11.

(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 timely renewed by the licensee. (2) To renew a license without limitation, the licensee must timely file a complete and accurate annua…

Authors: David R. Boyd, Dorman Walker, Lois Woodward, Beth Acker Notes Ala. Admin. Code r. 465-X-3-.07 Filed March 22, 1993. New Rule: Filed May 12, 1993, effective June 16, 1993. Repealed: Filed January 28, 1998; effective March 4, 1998. Statutory Authority: Code of Ala. 1975, §…

The Board shall issue a replacement license, upon application, to a licensee who shows by notarized statement that: (1) the licensee's current license has been stolen, taken, lost, destroyed, defaced, or (2) the licensee's name has been changed by marriage or court order, if the …

In examining an applicant, the Board shall consider the applicant's experience, ability, character, business-related financial condition, ability and willingness to serve the public and to conserve the public's health and safety, and any other pertinent information needed for the…

(1) Grounds for Denial. The following shall constitute grounds on which the Board may deny an application for a license: (a) Applicant's failure to meet any requirement or standard established by the Act or the rules adopted by the Board. (b) False representations of facts on an …

Notes Ala. Admin. Code r. 465-X-3-.11 Emergency Rule: Filed June 20, 1994. New Rule: Filed September 23, 1994; effective October 28, 1994. Amended: Filed August 25, 2011; effective September 29, 2011. Repealed: Filed December 9, 2011; effective January 13, 2012. Authors: David R.…

Notes Ala. Admin. Code r. 465-X-3-.12 New Rule: Filed June 4, 1999; effective July 9, 1999. Amended: Filed August 4, 2006; effective September 8, 2006. Amended: Filed August 25, 2011; effective September 29, 2011. Repealed: Filed December 9, 2011; effective January 13, 2012. Auth…

Notes Ala. Admin. Code r. 465-X-3-.13 New Rule: Filed August 4, 2006; effective September 8, 2006. Amended: Filed August 25, 2011; effective September 29, 2011. Repealed: Filed December 9, 2011; effective January 13, 2012. Author: Kathy Perry Brasfield Statutory Authority: Code o…

Notes Ala. Admin. Code r. 465-X-3-.14 New Rule: Filed August 25, 2011; effective September 29, 2011. Repealed: Filed December 9, 2011; effective January 13, 2012. Authors: Kathy Perry Brasfield Statutory Authority: Code of Ala. 1975, §§34-14A-l, 34-14A-2, 34-14A-5, 34-14A-7, 34-1…

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, or else the application or request shall be denied. Authors: David R. Boyd, Dorman Walker, Lois Woodward Notes Ala. Admin. Code r. 465-X-4-.01 Fi…

Fees may be paid by a personal check, certified check, cashier's check, money order, or by electronic means using a credit or debit card. Fees are deemed paid when the funds represented by the check, money order, or by electronic means using a credit or debit card, actually are r…

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 revocation or suspension of the applicant's license. In the event an applicant fails to complete the application process successfully or to…

Fees shall be as follows: (1) Annual License Fees. This fee must accompany the initial application for a license and each annual license renewal application. License without limitation 235.00 License with limitation 235.00 License with limitation, limited to residential roofing 1…

Applicants required to provide to the Board specified information from third parties [including without limitations, credit reports and examination results (testing experience and ability)] shall pay the cost of obtaining such information directly to the provider, provided; howev…

The Board may adjust fees as necessary to provide sufficient revenues to pay all salaries, costs, and expenses incurred by the board in enforcing this chapter and promoting public health, safety, welfare, and consumer protection. Notes Ala. Admin. Code r. 465-X-4-.06 Filed: March…

The municipal or county official charged with the responsibility of issuing building or similar permits shall report to the Executive Director the name and address of any person who, in the official's opinion, has violated the Act. Authors: David R. Boyd, Dorman Walker, Lois Wood…

(1) The Board may initiate such action as it deems appropriate to investigate and determine compliance by residential home builders and licensees with the provisions of the Act and the rules of the Board. (2) Unless the Board initiates proceedings on its own motion, it shall take…

(1) In the event a consumer complaint is filed against a licensee, residential home builder, residential roofer, or any other person within the Board's jurisdiction, or the Board determines from other information that an investigation is necessary, the procedure for investigation…

(1) No action shall be taken to effect an informal settlement of a controversy, either prior to or during a contested case proceeding, without formal approval by the Board of such action. (2) Informal settlement negotiations may be initiated by either party to the controversy, pr…

(1) Prehearing discovery shall be permitted, at the discretion of the Chairman or the hearing officer, in order to prevent fraud, conserve the Board's time, prevent undue surprise at the hearing, or otherwise to provide fundamental fairness. (2) The attorney for the Board or the …

(1) Conduct of hearing. (a) Disciplinary hearings are closed to the public. (b) The Board may, in its discretion, appoint some person to act on its behalf as hearing officer at disciplinary hearings. In the event a hearing officer is appointed, the officer shall preside at the he…

(1) Revocation and Suspension of License and Imposition of Administrative Fines. The Board may revoke or suspend the respondent's license, may require the successful completion of builder education course(s), and may levy and collect administrative fines not to exceed $5,000 per …

(Repealed 10-28-94)." Authors: David R. Boyd, Dorman Walker, Lois Woodward Notes Ala. Admin. Code r. 465-X-5-.08 Filed: March 22, 1993. New Rule: Filed: May 12, 1993, effective June 16, 1993. Repealed: Filed September 23, 1994; effective October 28, 1994. Statutory Authority: Cod…

A licensee whose license has been revoked or who otherwise has been the subject of a final disciplinary action may appeal the Board's order to the circuit court of the county within which the licensee resides or, if the licensee is not an Alabama resident, to the Circuit Court of…

(1) Application for Reissuance or Reinstatement. Any licensee whose license has been revoked or suspended may apply to the Board for reissuance or reinstatement of the license at any time; provided, however, the Board shall not consider an application for reissuance or reinstatem…

(1) No Board member shall be entitled to vote or otherwise participate in any hearing or disciplinary matter if the Board member is personally biased for or against the respondent or when such voting or participation would violate the provisions of the Alabama Administrative Proc…

Upon receipt of evidence that a residential home builder has violated or is about to violate the Act or the rules of the Board, the Executive Director, acting on the instructions of the Board, may petition the Circuit Court of the county in which the violation occurred or is abou…

Upon receipt of evidence that any person has: (1) Undertaken or attempted to undertake the business of residential home building or residential roofing without first having procured a valid license as required by the act, (2) Knowingly presented to or filed false information with…

(1) The Board must release the following information to the public regarding complaint and investigation files, and disciplinary action proceedings: (a) A settlement agreement adopted and ratified by the Board that closes a complaint file and represents the Board's final decision…

(1) All records, reports, documents, photographs, and information contained in complaint and investigation files maintained by the Board, and the entire record in disciplinary action proceedings shall be confidential, shall not be public record, and shall not be available for cou…

(1) Any person who wishes to propose that the Board adopt, repeal, or amend any rule may do so on the form prescribed by the Board and available from the Executive Director. (2) The Board shall meet and consider any petition of adoption, repeal, or amendment within 60 days of its…