Alabama Administrative Code

(1) No licensee shall advertise, display, or distribute mailing pieces which may be mistaken for any negotiable instrument whatsoever. (2) No licensee shall employ unqualified superlatives in advertising, such as "lowest rates", "lowest costs", "lowest payment plan", or "cheapest…

Any and all collection activity procedures and practices must be conducted in a reasonable manner. Unreasonable collection tactics shall include but not be limited to any conduct by the licensee or employee or agent thereof which: (1) Causes the borrower or any member of the borr…

(1) A licensee shall not establish or conduct any other business in the same physical premises as the licensed place of business without having obtained prior written approval of the Supervisor. (2) Such other business must be conducted in a manner that will involve no evasion or…

(1) No fees or charges, including but not limited to finder's or referral fees charged either directly or indirectly to the referred or prospective borrower, notary fees and attorney's fees shall be contracted for, charged to or collected from the borrower except those specifical…

(1) Each licensee shall maintain a file containing a copy of the Small Loan Act and copies of all current rules and regulations issued thereunder. (2) Unless otherwise approved pursuant to Regulation 155-2-3-.10(6), each licensee shall maintain adequate files at each licensed loc…

Notes Ala. Admin. Code r. 155-2-3-.10 Effective 10/1/1997; Repealed 1/1/2020 Author: Scott Corscadden, Supervisor, Bureau of Loans Statutory Authority: Code of Alabama 1975, § 5-18-10, § 5-18-12, § 5-2A-24

(1) The minimum term for repayment for all traditional-rate loans is one month. Notes Ala. Admin. Code r. 155-2-3-.11 Effective 3/1/2002; Amended 1/1/2020 Author: Scott Corscadden, Supervisor, Bureau of Loans Statutory Authority: Code of Alabama 1975, § 5-18-15, § 5-18-12

(1) The provisions of the Deferred Presentment Services Act are to be liberally construed to effectuate its purposes as a consumer protection statute and require a license to be obtained by any person engaged in deferred presentment services. A license for each location from whic…

(1) Any amendment of the license shall require the prior approval of the Supervisor. Authorized amendments, including but not limited to changes in location or trade name, shall be made only upon written request of the licensee and submission of the current license. (2) Failure t…

(1) A licensee, other than a licensee whose shares are publicly traded, shall notify the Supervisor, in writing, of any changes affecting ownership and submit such information as the Supervisor may require consistent with the provisions of the Deferred Presentment Services Act. T…

(1) In addition to the reports and records required elsewhere in the Act and regulations, each licensee shall maintain and/or submit to the Bureau of Loans such other reports and records at such time and in such form as the Supervisor may require. Notes Ala. Admin. Code r. 155-2-…

(1) At least thirty (30) days before the address of a licensed location is changed, the licensee shall notify the Supervisor in writing. The licensee shall post an announcement on the front door listing the address for the new location. The announcement shall remain on the front …

(1) Each location where deferred presentment loans are made shall be licensed. A "location" shall include any location at which: (i) a deferred presentment loan application is provided, taken, or completed in person, or (ii) where a potential customer obtains information about th…

(1) Each licensee shall maintain adequate files at each licensed location containing all information necessary to verify compliance with the Deferred Presentment Services Act and regulations, including, but not limited to, the following: (a) Customer Account File: Each customer's…

(1) The Supervisor, or duly appointed representatives, shall conduct an examination of each licensee. (2) Each licensee shall ensure that all records are promptly and reasonably available to be examined and, if necessary, copied. (3) In case of failure to comply with the Supervis…

(1) In order to comply with the intent of the Act regarding the maximum loan amount for a single customer, the State Banking Department shall implement a common approved database with real-time access through an internet connection. Each licensee shall use the same approved third…

(1) Investigations and inquiries are originated upon request or complaint by a member of the public or by the Supervisor. (2) The Supervisor encourages voluntary cooperation in investigations. The Supervisor may invoke any or all of the compulsory process authorized by law, inclu…

(1) Each party on a joint bank account may write checks in an amount not to exceed an aggregate of five hundred dollars ($500) per party. However, a separate deferred presentment agreement must accompany each check. (2) A licensee may not require joint account holders to take eit…

(1) No licensee may threaten criminal prosecution for bad checks written in connection with a deferred presentment loan unless the check is returned due to an account that was closed prior to the loan date. The licensee may charge only one (1) NSF fee on a returned check and the …

(1) All licensees must conspicuously and continuously display a schedule of all fees and pertinent provisions of the Act in its lobby. This sign must be at least 20 X 20 in size and must contain the wording in Appendix A, as modified for the licensee's name and fees charged, and …

(1) Land Use Agreements Versus Permanently Disposing of Land. Bear Creek Development Authority (BCDA) will make property and property rights available for shoreline use and development commensurate with land use plans developed for each of the four reservoirs within the Bear Cree…

All buildings will be constructed to comply with the Southern Building Code. Where the Southern Building Code does not meet the minimum standards of the local city and/or county codes, the local codes will be the basis for establishing minimum building requirements. In the absenc…

(1) All emissions of pollutants that might be discharged directly or indirectly into the atmosphere, into any stream, lake, reservoir, or other surface or subterranean waters, or into or onto the ground from any of the reservoir areas, managed land areas, and adjoining shoreline …

Reservoir areas will be zoned as necessary for public safety and use. Zoning approved to date prohibits skiing above Horseshoe Bend Bridge, on Bear Creek Reservoir and Highway 71 (Mondye Bridge) and Highway 7 on Upper Bear Creek Reservoir. Overnight camping or day use (with the e…

No building or any portion of a building or any other structure shall be constructed, placed, moored, or maintained on land located below the habitable structure profile (See Table A), except as constructed in accordance with plans approved by BCDA and/or TVA; the first floor and…

It is the intention of BCDA to develop sign standards for different uses which will be functional and distinctive. Standards will be developed for various uses based on a sign plan for the reservoir shorelands. No sign of any kind, temporary or permanent, may be installed without…

It is the policy of BCDA, through all reasonable means such as personal contact, public announcements, etc., to fully inform the public concerning the manner and purposes for which lands under its administration may be made available for use and development. In furtherance of thi…

An encroachment as used herein is a structure, facility, or improvement partially or wholly constructed or maintained on BCDA owned or administered Bear Creek Project Land which violates BCDA and TVA land rights, established policy, standards, deed restrictions or procedures. Aut…

(1) Owners of encroachment will be required to pay the full administrative cost resulting from investigation of the encroachment. Administrative cost as used herein shall include those for salaries of BCDA staff, engineering, surveying, appraisal, attorney services, and others as…

(1) A timber trespass as described herein is the cutting, removing, killing, destroying, girdling, chopping, chipping, sawing, or otherwise damaging any timber or forest products on the managed lands, regardless of size, without prior written approval from BCDA. (2) Any person or…

This section defines water use facilities and other improvements permissible in the reservoir and on the BCDA managed shoreland. It establishes procedures for obtaining a BCDA water use facility permit and/or license for use of the shoreland. Commercial, public and semipublic rec…

(1) All facilities and permissible improvements must be approved by BCDA in writing prior to construction. The following steps will be taken to determine if the request can be approved:(a) The applicant will submit detailed plans of the proposed construction to BCDA for review an…

Section 26a of the Tennessee Valley Authority Act, as amended, requires that plans to construct, operate or maintain any dam, appurtenant works, or other obstruction affecting navigation, flood control, on public lands or reservations ... across, along, or in the Tennessee River …

If, at any time, any permissible water use facility or improvement on managed land is not constructed in accordance with plans approved by BCDA, or is not kept in good state of repair and in good, safe, and substantial condition, and the owner or operator thereof fails to remit a…

BCDA determines tracts of land to be made available for agricultural use, either row crop production or hay and pasture production. BCDA offers the lease for said lands on an annual basis by way of competitive bid unless, with the exception of any land that does not have public a…

(1) Camping is on a first-come, first-serve basis, except in areas specifically designated by BCDA. (2) Camping is permitted at designated (numbered) sites only. (3) Check-out time 4:00 P. M. (4) Camping equipment must be completely removed from site upon departure. (5) Unattende…

This section establishes the fees BCDA will charge for all users of improvements on/or abutting BCDA Managed Lands. The rate schedule is subject to annual review and revision by the BCDA Board of Directors. (a) Land Use License - No Annual Fee for the uses of these properties as …

(1) "Applicant" means any persons, corporations, organizations or associations required to be licensed before promoting, holding, organizing, participating in, or competing in a professional boxing match, contest, or exhibition. (2) "Body jewelry" means any tangible object affixe…

(1) Application Procedures. (a) Terms and Agreements. Every license issued is subject to the terms, conditions, and agreements set forth in the application as well as those set forth in these rules and the Alabama Boxing, Wrestling, and Mixed Martial Arts Act. (b) Application For…

(1) Promoter's License Surety Bond. (a) Before any promoter's license is issued authorizing the promotion of professional boxing matches in Alabama, the applicant shall make and deliver to the Commission a security bond executed by a surety corporation authorized to transact busi…

(1) Medical Examinations.(a) Neurological Examination. 1. All boxers intended to compete in Alabama who have competed in over two-hundred (200) rounds during their professional career, according to the number of rounds disclosed on such boxer's official ring record, and prior to …

(1) General Safety. It shall be the promoter's responsibility to ensure safety for the Contestants, officials, media and fans and to comply with all safety standards required by the Commission.(a) Arena Security. Arena security is the responsibility of the promoter and such secur…

(1) General Provisions.(a) Any dimension in this rule, where the unit of measurement is "inches," shall be considered only as a general and approximate guideline. Where such dimension guidelines are exceeded, the Commission appointed supervisor shall have the authority to allow o…

(1) General Provisions. (a) The Commission shall appoint to each contest, match, or exhibition a chief inspector, a referee, a minimum of three judges, two corner inspectors, and two timekeepers. (b) The referee or three judges shall determine the outcome of all contests, matches…

(1) Professional Boxers. (a) False Name. No boxer shall enter any agreement or contract with a promoter, compete in any match, contest, or exhibition, or otherwise participate in any capacity in a boxing program under any name which does not appear on his or her Federal ID card. …

Notes Ala. Admin. Code r. 165-X-10-.01 New Rule: Filed March 29, 2010; effective May 3, 2010. Amended: Filed February 10, 2012; effective March 16, 2012. Repealed: Filed December 27, 2013; effective January 31, 2014. Author: Casey C. Sears Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 165-X-10-.02 New Rule: Filed March 29, 2010; effective May 3, 2010. Amended: Filed February 10, 2012; effective March 16, 2012. Repealed: Filed December 27, 2013; effective January 31, 2014. Author: Casey C. Sears Statutory Authority: Code of Ala. 1975, …

Notes Ala. Admin. Code r. 165-X-10-.03 New Rule: Filed February 10, 2012; effective March 16, 2012. Repealed: Filed December 27, 2013; effective January 31, 2014. Author: Casey C. Sears Statutory Authority: Code of Ala. 1975, § 41-9-1024.

Notes Ala. Admin. Code r. 165-X-10-.04 New Rule: Filed February 10, 2012; effective March 16, 2012. Repealed: Filed December 27, 2013; effective January 31, 2014. Author: Casey C. Sears Statutory Authority: Code of Ala. 1975, § 41-9-1024.

Notes Ala. Admin. Code r. 165-X-10-.05 New Rule: Filed February 10, 2012; effective March 16, 2012. Repealed: Filed December 27, 2013; effective January 31, 2014. Author: Casey C. Sears Statutory Authority: Code of Ala. 1975, § 41-9-1024.