Alabama Administrative Code

The Department shall comply with the performance appraisal system as published by the State Personnel Department in regards to merit system employees. Exempt employees shall be rated in accordance with the provisions of this system at least once each calendar year. Author: Bureau…

(1) An appointing authority may require employees to work overtime. (2) All employees of the Department, other than executive, administrative, and professional employees, who are required to work overtime will be compensated either in money or compensatory time off calculated at …

Administrative, executive and professional employees are exempt from payment of overtime pay but may be granted compensatory time off for approved time worked during other than regularly established work hours with the prior approval of the appropriate supervisor. Author: Bureau …

The Departmental offices may be closed on legal holidays established by the Code of Ala. 1975, Title 36 Chapter 26 Article 8 and on other days proclaimed holidays by the Governor. The Department recognizes the need to keep its patient/resident care facilities operational 24 hours…

(1) The Department of Mental Health/Mental Retardation employs only those individuals who meet the educational requirements of a position, and who possess a current and valid license, certification, or registration by applicable statute, job requirement, or regulatory standards. …

It is the policy of the Department of Mental Health and Mental Retardation to afford all employees the opportunity to exercise their due process rights. Due process has been defined as the right to be presented with the charges/allegations that are being considered against an emp…

An appointing authority may discipline an employee under his/her jurisdiction. A system of progressive discipline will be established which provides for oral reprimand, written reprimands, suspensions without pay and dismissal. It is recognized that depending upon the nature of t…

(1) All Department employees will adhere to accepted standards of professional and personal conduct. Violation of these standards may result in disciplinary action. The list of violations below is not meant to be inclusive and does not imply that discipline may not be imposed for…

There will be no discrimination against any employee on the basis of sex; sexual harassment will not be tolerated. Sexual harassment is defined as, but not limited to, making unwelcome sexual advances, requests for sexual favors, and/or conducts of a sexual nature when: (a) Submi…

The Department of Mental Health and Mental Retardation or the appointing authority may prescribe formal and informal job related education and training curricula through staff development programs, and require that all employees take and successfully complete the required educati…

The Department of Mental Health/Mental Retardation shall have an Employee Assistance Program. The purpose of the program is to assist employees who are not performing satisfactorily on their jobs or the employee's quality of life is adversely affected due to various personal prob…

A dismissed nonprobationary employee may appeal from a dismissal action of the appointing authority by filing a written notice of appeal with the Commissioner of the Alabama Department of Mental Health/Mental Retardation within ten (10) days after the dismissal. Author: Bureau of…

The Department of Mental Health/Mental Retardation provides a standardized procedure through which employees may seek a resolution to their complaints. Author: Bureau of Human Resource Management Notes Ala. Admin. Code r. 580-6-34-.17 Original rule filed October 30, 1992. Effecti…

Drug abuse and use at the workplace are subjects of immediate concern in our society. These problems are extremely complex and ones for which there are no easy solutions. From a safety perspective, the users of drugs may impair the well-being of clients other employees, the publi…

Classification and pay plans for all positions in the classified services within the Department of Mental Health and Mental Retardation shall be maintained in accordance with the State Merit System Act; therefore, the Department of Mental Health and Mental Retardation is hereby a…

Personnel policies may be established so as to include under the State Merit System certain positions in the Department of Mental Health and Mental Retardation so as to exclude other positions; however, positions in the Department of Mental Health and Mental Retardation which wer…

The Department shall publish personnel administrative regulations that implement Rules of the State Personnel Board and Department policies. The Department Personnel Officer shall amend these regulations. Author: Division of Mental Retardation, DMH/MR. Notes Ala. Admin. Code r. 5…

The Department of Mental Health/Mental Retardation shall initiate and maintain aggressive recruitment efforts in confirmed areas of staff requirements/need. Such efforts shall be consistent with the DMH/MR Affirmative Action Plan especially as it relates to minority employment go…

Reserved Notes Ala. Admin. Code r. 580-6-35-.05

Reserved Notes Ala. Admin. Code r. 580-6-35-.06

The Department of Mental Health has the statutory authority to establish non-merit positions and the authority to establish its own personnel policies and salary schedules for all of its employees. Author: Division of Mental Retardation, DMH/MR. Notes Ala. Admin. Code r. 580-6-36…

The Department shall publish policies, procedures, and regulations pertaining to the administration of employment in the exempt service. These publications shall comply with State Law and executive and judicial orders and directives. The Department of Mental Health and Mental Ret…

Recruitment of personnel for exempt positions is not supported by the State Personnel Department. The DMH/MR shall initiate and maintain aggressive recruitment efforts in confirmed areas of staff requirements/need. Such efforts shall be consistent with the DMH/MR Affirmative Acti…

(1) The Department shall conduct all personnel activities without regard to race, religion, national origin, color, age, sex, or disability, except where sex or physical ability constitute a bona fide occupational qualification. The Department shall publish and implement an affir…

The Department of Mental Health/Mental Retardation will employ individuals to exempt positions only through an open and competitive process. Job announcements will be made before the appointment of any individual into a vacant position. The recruitment, selection, and advancement…

The Department of Mental Health and Mental Retardation recognizes that a period of from six months to twelve months following employment of an exempt employee will constitute a probationary period. Individuals terminated during this period do not have the right to appeal. Author:…

(1) All motor vehicles owned and/or operated by employees of the Department of Mental Health and Mental Retardation and used for transportation purposes to and from their respective facilities, must be registered with that facility's police department. Upon registration, employee…

(1) All motor vehicles on campus must be registered and bear a valid decal. (2) Driving or parking on the grass or sidewalks and parking or standing at cross walks, loading zones and yellow curbs is prohibited. (3) Double parking or standing on streets or parking areas is prohibi…

(1) First violation - warning. (2) Second violation in any calendar year: Driving privileges revoked for 3 days. (3) Third violation in any calendar year: Driving privileges revoked for 10 days. (4) Fourth violation in any calendar year: Driving privileges revoked for 60 days. Au…

(1) First violation - warning. (2) Second violation in any calendar year: Driving privileges revoked for 30 days. (3) Third violation in any calendar year: Driving privileges revoked for 60 days. (4) Any subsequent violation within a calendar year will result in employee being su…

Major traffic violations including driving under the influence, reckless driving, driving with no driver's license and driving while license is revoked shall result in issuance of standardized state traffic citations which will be handled through the state district court system. …

(1) Any employee who obtains a decal under false pretense and/or allows someone else to register his/her vehicle shall have his/her driving privileges on campus revoked for two (2) weeks. (2) All non-employees who violate any major moving traffic violations will be issued a stand…

An employee may appeal a Department of Mental Health and Mental Retardation traffic ticket in writing to the facility director within three (3) days of ticket issue date. The director or his/her designee shall hear the appeal. His/her decision will be final. Author: Division of M…

Reserved Notes Ala. Admin. Code r. 580-7-37-.08

Reserved Notes Ala. Admin. Code r. 580-7-37-.09

The Code of Ala. 1975, Section 22-50, establishes the Department of Mental Health/Mental Retardation and enumerates the duties and responsibilities of the Department. The Department is authorized to set standards of care, promulgate rules, let contracts, and generally take those …

(1) Recipient - a person with serious mental illness, mental retardation or substance abuse problems served in residential and/or treatment facilities or program operated by the Department or certified and/or under contract with the Department. (2) State Facility - an institution…

(1) The Department of Mental Health and Mental Retardation recognizes and accepts its responsibility to help safeguard the civil rights of individuals served in its state facilities and community-based programs certified and/or under contract with the Department; and further, its…

The Department of Mental Health and Mental Retardation provides a comprehensive statewide Advocacy service delivery system which includes non-legal advocacy services provided by a Central Office of Rights Protection and Advocacy, offices in geographical service areas across the s…

The Department of Mental Health and Mental Retardation promotes that every recipient shall be entitled to exercise all civil and legal rights guaranteed other individuals in society unless otherwise legally restricted. The Department further recognized the rights to treatment, pr…

When residents, or other interested persons are unable to resolve problems related to rights issues with departmental personnel or contracted community service providers, the Department provides for the utilization of the Rights Protection and Advocacy Program. This provision des…

Reserved Notes Ala. Admin. Code r. 580-8-38-.07

Reserved Notes Ala. Admin. Code r. 580-8-38-.08

(Repealed). Notes Ala. Admin. Code r. 580-3-39-.07

(Repealed). Author: Substance Abuse Services Division Notes Ala. Admin. Code r. 580-9-39-.01 New Rule: Filed July 22, 1992. Extended: September 30, 1992. Extended: December 30, 1992. Certified: March 30, 1993; effective May 5, 1993. Repealed: Filed October 1, 2001; effective Nove…

(Repealed). Author: Substance Abuse Services Division Notes Ala. Admin. Code r. 580-9-39-.02 New Rule: Filed July 22, 1992. Extended: September 30, 1992. Extended: December 30, 1992. Certified: March 30, 1993; effective May 5, 1993. Amended: Filed August 31, 1993; effective Novem…

(Repealed). Author: Substance Abuse Services Division Notes Ala. Admin. Code r. 580-9-39-.03 New Rule: Filed July 22, 1992. Extended: September 30, 1992. Extended: December 30, 1992. Certified: March 30, 1993; effective May 5, 1993. Amended: Filed August 31, 1993; effective Novem…

(Repealed). Author: Substance Abuse Services Division Notes Ala. Admin. Code r. 580-9-39-.04 New Rule: Filed July 22, 1992. Extended: September 30, 1992. Extended: December 30, 1992. Certified: March 30, 1993; effective May 5, 1993. Amended: Filed August 31, 1993; effective Novem…

(Repealed). Author: Substance Abuse Services Division Notes Ala. Admin. Code r. 580-9-39-.05 New Rule: Filed July 22, 1992. Extended: September 30, 1992. Extended: December 30, 1992. Certified: March 30, 1993; effective May 5, 1993. Amended: Filed August 31, 1993; effective Novem…

(Repealed). Author: Substance Abuse Services Division Notes Ala. Admin. Code r. 580-9-39-.06 New Rule: Filed July 22, 1992. Extended: September 30, 1992. Extended: December 30, 1992. Certified: March 30, 1993; effective May 5, 1993. Amended: Filed August 31, 1993; effective Novem…