Alabama Administrative Code

An aggrieved homeowner who contracts directly with a licensee of the Board holding a license without limitation or with limitation, excluding a license with limitation limited to roofing, may recover, from the Homeowners' Recovery Fund, actual economic damages sustained within th…

(1) The following procedure shall be followed by a homeowner when making a claim against the Homeowners' Recovery Fund for actual economic damages sustained within the State of Alabama as the direct result of a licensed residential home builder's gross negligence, incompetence an…

If the Court orders the Board to pay any sum from the Homeowners' Recovery Fund, the Board shall be surrogated to all the rights of the home owner/judgment creditor. As the judgment creditor, the homeowner to whom any sum from the Homeowners' Recovery Fund was paid, shall execute…

(1) Should the Board pay from the Homeowners' Recovery Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the Board may revoke the following licenses and may no longer recognize the experience and ability qualifications of the indivi…

The Board may establish or adopt, or both, education requirements and may approve, administer, or financially support, the program or programs providing residential construction education. The Board shall adopt the administrative rules and regulations for continuing education set…

(1) The Board may annually designate a continuing education committee consisting of three (3) members to review applications for educational providers, instructors, courses, and facilities. (2) The continuing education committee may review applications for educational providers, …

(1) Beginning with the 2022 licensure year, all active individual licensees and/or the designated qualifying representative (DQR) for an active corporation, limited liability company, or partnership licensee shall obtain six (6) credit hours of continuing education taught by a Bo…

The continuing education requirement of the Act shall not apply to: (1) All active licensees age 60 and over, on or before October 1, at the start of the license renewal period. (2) Licensees possessing an inactive license, including building officials. (3) Licensees who are a Un…

(1) Upon written request and proof that the licensee, designated qualifying representative, or family member has suffered a hardship resulting from a major catastrophic event that resulted in the destruction or damage to personal and/or business property, or a major medical issue…

(1) All institutions, organizations, and individuals shall submit an application, proposed courses and curricula, and non-refundable fees to the Board to be considered for approval at least 60 days prior to the first scheduled event where the applicant intends to provide approved…

Upon approval of an application, each approved provider and/or instructor shall agree to conduct courses in accordance with Board requirements and shall indicate agreement by signing a continuing education provider/instructor agreement form provided by the Board. Notes Ala. Admin…

(1) Approved providers and instructors shall provide documentation to the Board and licensees of successful completion of course hours and pay the credit hour fee within five business days of course completion. Instructors and/or providers who fail to provide or provide false doc…

(1) Certification is valid only during the calendar year indicated on the certificate. At the end of that calendar year, the certification expires unless it is timely renewed by the provider or instructor. (2) To renew a certification, providers and instructors must timely file a…

(a) Impaired Drivers Trust Fund. A trust fund which disburses monies to assist those citizens who have survived neurotrauma with head injuries and spinal cord injuries in accordance with the priorities and criteria established by the Board. (b) Board. The Impaired Drivers Trust F…

(1) The Impaired Drivers Trust Fund Advisory Board is composed of seventeen members, one each from the following agencies and organizations:(a) The Alabama Medical Association now known as The Medical Association of the Stat of Alabama (b) The Alabama Head Injury Foundation. (c) …

(1) The Board shall elect a chair, vice chair, and secretary at an organizational meeting. (2) The chair may establish any ad-hoc committees deemed necessary and shall appoint members to the following standing committees at an organizational meeting.(a) Rules Committee - consider…

(1) An organizational meeting shall be held not later than 30 days after appointments to the Board are finalized. (2) Thereafter, the Board shall meet at the request of the chair, vice chair, or five or more members, with notice and procedure as prescribed by the rules of the Boa…

From time to time the Board shall establish rules and regulations for transacting business pursuant to this chapter. Author: Impaired Drivers Trust Fund Advisory Board Notes Ala. Admin. Code r. 470-1-2-.04 New Rule: Filed October 16, 1995; effective November 10, 1995. Statutory A…

The Board shall keep full and written minutes of its proceedings. Author: Impaired Drivers Trust Fund Advisory Board Notes Ala. Admin. Code r. 470-1-2-.05 New Rule: Filed October 16, 1995; effective November 10, 1995. Statutory Authority: Code of Ala. 1975, § 16-38A-3.

(1) Each member of the Impaired Drivers Trust Fund Advisory Board shall be entitled to one vote, in person, by proxy or by written ballot. (2) The method of voting, whether by voice vote, acclamation, show of hands, roll call or by secret or other written ballot, for any question…

The Board shall be charged with the responsibility of: (a) Investigating the needs of citizens who have survived traumatic brain injury or spinal cord injury; (b) Identifying the gaps in services to the citizens; (c) Establishing priorities and criteria for disbursement of monies…

The Alabama Department of Rehabilitation Services shall be the agency responsible for the disbursement of monies from the trust fund in accordance with the priorities and criteria established by the Board. Author: Impaired Drivers Trust Fund Advisory Board Notes Ala. Admin. Code …

The Board shall issue an annual report to the legislature with recommendations for meeting the needs of those citizens with head injuries and/or spinal cord injuries. Author: Impaired Drivers Trust Fund Advisory Board Notes Ala. Admin. Code r. 470-1-3-.03 New Rule: Filed October …

(a) Any interested individual or entity may submit proposals to establish priorities and criteria to the RFP Committee of the Board by transmitting such proposals in writing to the RFP Committee of the Impaired Drivers Trust Fund Advisory Board, c/o Alabama Department of Rehabili…

The Housing Initiative of the Impaired Drivers Trust Fund Advisory Board is designed to stimulate the development of greater housing options for people with head injury and/or spinal cord injury as those terms are defined by the Board. Author: Impaired Drivers Trust Fund Advisory…

The person with a head injury and/or spinal cord injury must demonstrate that: (a) He/She has a need for housing assistance by demonstrating that he/she is presently living in substandard housing or inaccessible housing. (b) He/She has no other source of funds to obtain the reque…

An applicant for Housing Assistance shall submit an application form to the the Board's Housing Committee. Only one application may be awarded during any one applicant's lifetime. The Housing Committee may request additional information from any applicant in considering the award…

Any approved housing assistance under this program may be awarded primarily for home accessibility modifications and/or structural repairs. Home purchase assistance may be considered where the applicant's current dwelling (not an apartment) is not structurally repairable or where…

All information submitted by an applicant to the Board's Housing Committee shall be kept confidential and only disclosed for the purpose of administering the Housing Initiative. Author: Impaired Drivers Trust Fund Advisory Board Statutory Authority: Code of Ala. 1975, § 16-38A-1.…

Any applicant that is dissatisfied with a decision of the Housing Committee shall submit a request in writing to the Chairman of the Impaired Drivers Trust Fund Advisory Board for the appointment of a Hearing Panel to review the decision. This request must be submitted by the app…

A dissatisfied applicant may seek judicial review after receiving the written decision of a Hearing Panel by following the judicial review procedures set out in the Alabama Administrative Procedure Act. Author: Impaired Drivers Trust Fund Advisory Board Statutory Authority: Code …

(1) Petitioner shall submit to the Alabama Indian Affairs Commission a petition requesting state recognition which contains the information described below. The petition must indicate the type of recognition sought as specified in Rule No. 475-X-3-.02 of these regulations. (2) A …

(1) An "Indian Tribe, Band, or Group" is a population of Indian people related to one another by blood through their Indian ancestry, tracing their heritage to an Indian tribe, band, or group indigenous to Alabama. No splinter groups, political factions, communities or groups of …

(1) Petitioner must meet all criteria as specified in this section. (2) Petitioner must present a list of at least two hundred and fifty (250) members of the tribe, band, or group (list must be inclusive by name and addresses), unless this requirement is waived by an affirmative …

(1) To be recognized as an Indian association, the petitioner must show at least a ninety percent of its enrolled members are Indian. The remaining members may be either Indian or non-Indian or members of tribes, bands or groups not recognized by the state or federal government. …

Effective October 1, 2012, the Alabama Department of Industrial Relations and the Alabama Department of Labor merged into one agency. As a result of the merger, the surviving agency is the Alabama Department of Labor. By this rule, it is the specific intent that wherever the name…

RESERVED Notes Ala. Admin. Code r. 480-1-1-.02

(1) The titles listed below are hereby adopted by reference as provided at Code of Ala. 1975, § 41-22-9: (a) Title: Employment Security Manual Date: Continuously updated Source: United States Department of Labor Description: A compendium of policies and guidelines issued by the U…

The Director may release any information authorized to be released under the provisions of subsection (b) of Code of Ala. 1975, § 25-4-118, to any Federal or State agency, institution of higher education, public official or law enforcement officer. The Director may require that a…

(1) The Director shall have the authority to appoint any officer of the Department or other individual as hearing officer to hear and decide any contested case involving the Department, where provided by law or statute, and in which the legal rights, duties or privileges of a par…

(1) It is the desire and intent of the Department of Industrial Relations to resolve and settle all disputes at the lowest possible level in a non-adversarial posture in order to minimize expense and inconvenience to all parties. (2) Any party dissatisfied with departmental actio…

(1) All records of the Department shall be retained pursuant to the schedule approved by the State Records Commission which is adopted by reference in Rule 480-1-1-.03. (a) Records shall be retained for a longer period of time if so provided by other applicable law or court order…

(1) Title 25, Code of Ala. 1975, establishes a "Department of Industrial Relations" to be headed by an officer known as the "Director of Industrial Relations." (2) Executive Office. The Director of Industrial Relations is also designated by statute to be Chief and in immediate ch…

(1) Executive Office. Director: Administers activities associated with the employment service, unemployment compensation, child labor, workmen's compensation, mine safety, surface mine reclamation, abandoned mine reclamation, and other programs for which the Department of Industr…

(1) The Administrative Procedure Act provides in substance that each agency regulation standard or statement of general applicability that implements, interprets, or prescribes law or policy or affects the rights of the public is absolutely void unless same is implemented as a fo…

(1) Code of Ala. 1975, § 25-11-5 as amended, requires employers to report certain New Hire data in a method approved by the director. This section allows for the reporting by employers to be done electronically. (2) On the effective date of this rule, employers with five (5) or m…

(1) Any interested person may petition the Department of Labor requesting the adoption, amendment or repeal of a rule. "Department" as referred to in these rules shall include all of the Divisions of the Department of Labor, the Board of Examiners and the Board of Appeals. (2) A …

(1) A Declaratory Ruling is a formal written ruling issued to members of the public by the Department with respect to the validity of a rule or with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to …

The public may obtain information or make submissions or requests pertaining to any subject not provided for elsewhere by statute or rule by contacting the Alabama Department of Labor, ATTN: Administrative Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery, Alabama 361…

(1) The Alabama Department of Labor Administrative Code, containing all rules adopted by the Department, and all other written statements of policy or interpretations formulated, adopted or used by the Department in the discharge of its functions, shall be available for public in…