Alabama Administrative Code

The applicant must be gainfully employed as a law enforcement officer by a law enforcement agency at the time of his/her application to the academy. Prior to certification, the applicant shall complete the required course of training established by the commission. An applicant ma…

Should a trainee fail academically, physically, the Firearms Manipulation Skills Test, the Defensive Tactics Proficiency Test, or is absent for more than 5% of academy training in violation of Rule 650-X-4-.01(4). the hiring agency may request that the trainee be allowed to atten…

A trainee who withdraws from the academy when failing any part of the curriculum is deemed to have failed the academy training course. Notes Ala. Admin. Code r. 650-X-4-.04 Effective date: September 29, 1983. Amended: Filed May 8, 1995; effective June 12, 1995. Amended: Filed Feb…

A trainee who is dismissed or withdraws from any academy class due to alleged criminal acts, violation of Academy Rules and Regulations or violations of Commission Rules is barred from certification and may not be appointed or employed as a law enforcement officer or correctional…

(1) The Commission may waiver the completion of any course required by Rule 650-X-4-.01 of the regulations upon presentation of documentary evidence by a department that a gainfully employed (full-time or part-time) officer has received equivalent training in another jurisdiction…

(Repealed 6/12/95) Author: Notes Ala. Admin. Code r. 650-X-4-.07 Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Code of Ala. 1975, §§ 36-21-41, 36-24-45, 36-21-46.

(Repealed). Authors: John W. Anderson, Patrick L. Roberts, Peace Officers Standards and Training Commission Notes Ala. Admin. Code r. 650-X-4-.08 Filed October 29, 1990. Repealed and Replaced: Filed May 8, 1995; effective June 12, 1995. Amended: Filed April 4, 1997; effective May…

Complaints alleging any violations of the law of Alabama, training, or rules of this Commission concerning law enforcement selection, may be lodged by any person with the Executive Secretary. Notes Ala. Admin. Code r. 650-X-5-.01 Effective date: September 29, 1983. Author: Statut…

The Executive Secretary will investigate the alleged violation and determine whether probable cause exists for disciplinary action. Author: Notes Ala. Admin. Code r. 650-X-5-.02 Effective date: September 29, 1983. Statutory Authority: Code of Ala. 1975, § 36-21-41, § 36-24-45.…

(1) Before the Commission can deny an individual certification as a law enforcement officer, the Commission shall follow the requirements set forth in the Alabama Administrative Procedure Act concerning contested cases as defined in the Code of Ala. 1975, Title 41-22-1 through 41…

(1) The certification or authority of any law enforcement officer certified by the Alabama Peace Officers Standards and Training Commission or otherwise exempt from the minimum standards pursuant to subsection (b) of Section 36-21-46 of the Code of Ala. 1975, shall be revoked by …

Repealed (6/12/95) Author: Notes Ala. Admin. Code r. 650-X-6-.03 Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Code of Ala. 1975, §§ 36-21-41, 36-24-45.

Repealed (6/12/95) Author: Notes Ala. Admin. Code r. 650-X-6-.04 Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Code of Ala. 1975, §§ 36-21-41, 36-24-45.

Repealed (6/12/95) Author: Notes Ala. Admin. Code r. 650-X-6-.05 Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Code of Ala. 1975, §§ 36-21-41, 36-24-45.

Repealed (6/12/95) Author: Notes Ala. Admin. Code r. 650-X-6-.06 Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Code of Ala. 1975, §§ 36-21-41, 36-24-45.

Repealed (6/12/95) Author: Notes Ala. Admin. Code r. 650-X-6-.07 Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Code of Ala. 1975, §§ 36-21-41, 36-24-45.

Repealed (6/12/95) Author: Notes Ala. Admin. Code r. 650-X-6-.08 Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Code of Ala. 1975, §§ 36-21-41, 36-24-45.

(1) If a grandfathered law enforcement officer shows more than (6) six months break in service, he must then comply with the Act. (2) Grandfathered law enforcement officers who cease active duties for the following reasons will retain their status with the Alabama Peace Officers …

(Repealed 9/29/83). Author: Notes Ala. Admin. Code r. 650-X-8-.01 Effective date: September 29, 1983. Statutory Authority: Code of Ala. 1975, § 36-21-41, § 36-24-45.

(Repealed 9/29/83). Notes Ala. Admin. Code r. 650-X-8-.02 Effective date: September 29, 1983. Statutory Authority: Code of Ala. 1975, § 36-21-41, § 36-24-45.

(Repealed 9/29/83). Author: Notes Ala. Admin. Code r. 650-X-8-.03 Effective date: September 29, 1983. Repealed: Filed November 3, 2006; effective December 8, 2006. Statutory Authority: Code of Ala. 1975, § 36-21-41, § 36-24-45.

(Repealed 9/29/83). Author: Notes Ala. Admin. Code r. 650-X-8-.04 Effective date: September 29, 1983. Repealed: Filed November 3, 2006; effective December 8, 2006. Statutory Authority: Code of Ala. 1975, § 36-21-41, § 36-24-45.

(1) Any person who wishes to propose that the Commission adopt, repeal or amend any rule may do so on the form prescribed by the Commission and supplied by the Executive Secretary. (2) The Commission shall meet and consider any petition for adoption, repeal or amendment at the ne…

(1) The Commission shall give at least 35 days' notice of any proposed action on any rule by publication in the Alabama Administrative Monthly in compliance with the Alabama Administrative Procedure Act §5(1)(a). (2) Any person who wishes to receive notice by mail of all proposed…

The Commission shall permit all interested persons reasonable opportunity to submit data, views or arguments submitted in writing must be received by the Executive Secretary at least five days before the date specified in the notice as the day of the public hearing. Those persons…

Upon adoption of a rule, the Commission, if conflicting views are submitted on the proposed rule, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling any considerations urged against its adoption.…

In the event the Commission finds that an immediate danger to the public health, safety or welfare requires adoption of a rule upon fewer than 35 days' notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a rule upon fe…

All rules adopted by the Commission shall otherwise substantively and procedurally comply with the provisions of the Alabama Administrative Procedure Act. Author: Notes Ala. Admin. Code r. 650-X-9-.06 Effective date: September 29, 1983. Statutory Authority: Code of Ala. 1975, § 3…

(1) General information relating to the Department may be obtained from: (a) The Department's principal office, hereinafter referred to as the State Office, which is located at 64 North Union Street, Montgomery, Alabama 36130-1801; Phone (205) 261-3409; or (b) The Department's ma…

(1) All written material of the Department not made confidential or privileged by law shall be open for public inspection. (2) Production for inspection and copies of all written materials, whether produced in an electronic format or paper format, may be obtained upon request and…

All State Board meetings and advisory councils shall be held pursuant to § 13A-14-2, Code of Ala. 1975, and all public hearings shall be open for public access except those required by law to be closed. Author: Notes Ala. Admin. Code r. 660-1-1-.03 Effective June 28, 1983. Statut…

In compliance with State and Federal laws prohibiting discrimination, the Department of Human Resources operates a program to provide equal employment opportunity in personnel actions: recruitment of applicants and selections for employment, working conditions, terms and privileg…

The Department of Human Resources shall ensure, to the greatest extent possible, that all eligible persons are provided needed services, financial aid and other benefits, whether these services, aids, and other benefits are provided directly, through agreements, contracts, or oth…

The primary State statutory chapters under which the Department operates are (see Code of Ala. 1975, as amended): (a) Title 38 - Public Welfare Chapter 1 - §§ 38-1-1 through -6 Chapter 2 - §§ 38-2-1 through -13 Chapter 4 - §§ 38-4-1 through -13 Chapter 5 - §§ 38-5-1 through -7 Ch…

The Assistant Attorney Generals serving as Legal Counsel for the State Department, the Commissioner, and his/her designee shall have the right to issue subpoenas or subpoenas-duces-tecum to persons to come before them, and they shall have the power to examine said persons as to a…

(1) When any person, firm, association, entity, or corporation shall render a check or money order payable to the Department of Human Resources, either State or County Department, upon which payment is refused by the drawee of said check or money order for lack of funds, nonexist…

(1) The broad purpose of the State Department of Human Resources (hereinafter referred to as the State Department), as prescribed by statute, is to promote a unified development of welfare activities and welfare agencies of the State and the local governments so that each agency …

(1) The broad purpose of County Departments, as prescribed by statute, is to meet the welfare needs of its respective county citizens through the exercise of the powers, duties and responsibilities designated by the State Department to County Departments acting as its agents. (2)…

(1) The chief executive and administrative officer of the State Department, as prescribed by statute, is the Commissioner who is appointed by the State Board of Human Resources and serves at its pleasure and subject to its authority. (2) The Deputy Commissioner for Programs, Depu…

(1) A County Department of the Department of Human Resources is located in each county of the State and performs public welfare functions in accordance with the rules and regulations of the State Department, subject to the approval of the State Board. (2) All administrative and e…

The Department has express statutory authority to promulgate rules and regulations and the authority to amend or repeal such rules and regulations. In the exercise of this authority the Department shall be governed in its conduct by the provisions of the Alabama Administrative Pr…

(1) The Commissioner of the Department, upon express finding or determination that there exists an immediate danger to the public health, safety or welfare, or that loss of federal funds is imminent, may adopt and implement one or more Emergency rules, without giving notice requi…

(1) Any authorized person or organization may petition the Department for the adoption of a new rule or for the repeal or change of an existing rule. A petition for such actions requires the submission of a Departmental Petition for a Rule Change form (or facsimile), a copy of wh…

(1) Any person or organization substantially affected by an existing rule may, as provided for in the Alabama Administrative Procedure Act, as amended and codified, challenge the validity and/or applicability of said rule by petitioning the Department to issue a declaratory rulin…

(1) In matters related to public participation in rule-making and the challenge of existing rules through the declaratory ruling process, any properly authorized person over 18 years of age may practice before the Department. Persons acting in behalf of the true party in interest…

(1) The Departmental Forms Index is hereby promulgated as a rule of the Department. The index, Appendix B, contains a listing of all forms used by the Department to inform and otherwise impart information to the public, to solicit, to gather, to verify, to certify and to record i…

(1) Single copies of forms may be obtained, without cost, by written request or contact with the State Office or main county offices of the Department. (2) A list of internal forms excluded from the Departmental Forms Index and single copies therefrom may be obtained, without cos…

(1) Aggrieved person. An "aggrieved person" as used in these rules includes persons contending one of the following: that their claim for financial assistance, benefits, or services has been denied; or that their application has not been acted upon within the Department's standar…

(1) General. The Department of Human Resources, hereinafter referred to as the Department, or the State Department or County Department when appropriate, is required to provide notice and opportunity for a hearing to any aggrieved person entitled by law to be given an opportunity…

A request for a hearing may be made by an aggrieved person or his representative or legal counsel. A hearing request is any clear written statement to the State Department or County Department that the aggrieved person wants the opportunity to present the case to a higher authori…