Alabama Administrative Code

Beginning January 21, 2009, upon the lodging of a complaint, the executive director shall refer the complaint to the chair of the Board. Subsequent to investigation the chair shall, in consultation with the executive director the Board's attorney, and a second board member appoin…

(1) Preparation. In the event the Board determines that probable cause exists for the filing of a summons and complaint, the Board shall instruct its counsel to prepare it, and it shall be filed with the Board. (2) The summons and complaint shall be mailed certified mail, return …

(1) Permitted. Pre-hearing discovery shall be permitted in accordance with this rule to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at hearing and facilitate the carriage of justice. (2) Extent Allowed. The attorney for the Board or th…

(1) Conduct of Hearing.(a) Administrative Law Judge. The Board may, in its discretion, appoint some person to act as Administrative Law Judge at disciplinary hearings. In the event an Administrative Law Judge is appointed, he/she shall preside at the hearing and shall rule on all…

(1) Revocation or suspension of License or Privilege. Upon a finding that respondent has violated any enumerated provision of Code of Ala. 1975, § 34-24-217, or any rule adopted pursuant thereto, the Board may restrict, revoke or suspend respondent's license or privilege to pract…

(1) Fines. The Board is authorized to discipline its licensees and privilege holders by the adoption and collection of administrative fines, not to exceed $1,000 per violation, and it is further authorized to institute any legal proceedings necessary to effect compliance with thi…

(1) Application for Reinstatement. Any person whose license has been revoked may apply to the Board for reinstatement of the license at any time within two years of the revocation. In his/her application for reinstatement, the applicant should state why he/she feels the license s…

(1) Privileges may only be reinstated by the Physical Therapy Compact Commission. Notes Ala. Admin. Code r. 700-X-4-.09 Filed September 30, 1982. Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/26/2017. Amended by Alabama Administrative M…

(1) No Board member shall be entitled to vote in any disciplinary matter if the Board member is personally biased against the respondent or when such voting would violate the provisions of the Alabama Administrative Procedure Act, Section 18(1). (2) Any respondent in a disciplina…

(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 supplied by the executive director. (2) When a proposal to adopt, repeal or amend a rule is received by the Board, the director shall place the p…

The Board shall permit all interested persons reasonable opportunity to submit data, views, or arguments concerning any proposed rule action. Data, views, or arguments submitted in writing must be received by the executive director at least ten days before the date specified in t…

The Board shall fully consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, the Board, if conflicting views are submitted on the proposed rule, may issue a concise statement of the principal reasons for and against its adoption,…

The Board may adopt emergency rules under the provisions of Code of Ala. 1975, § 41-22-5(b). Notes Ala. Admin. Code r. 700-X-5-.04 Filed September 30, 1982. Renumbered form 700-X-5-.05 Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/26/2017. Previou…

Notes Ala. Admin. Code r. 700-X-5-.05 Filed September 30, 1982. Renumbered to 700-X-1-.04 Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/26/2017. Statutory Authority: Code of Ala. 1975, §§ 34-24-193, 41-22-5.

[As Required By Code Of Ala. 1975, § 41-22-4(A)(1)] (1) The State Pilotage Commission is unique among state agencies. Created by statute in 1852, it regulates certain aspects of the occupation known as "bar pilot," that is, those locally-based ship captains who guide ships betwee…

(1) The Commission has been established and shall operate according to the statute which creates it, Code of Ala. 1975, § 33-4-1. (2) To the extent not expressly set out in its own organic statute, the Commission shall operate in accordance with the Alabama Administrative Procedu…

In keeping with its modest task, the Commission maintains no forms or instructions, no written statements of policy or interpretations, and no orders, decisions, or opinions. Author: David A. Bagwell Notes Ala. Admin. Code r. 710-X-1-.03 Filed February 1, 1991. Statutory Authorit…

Anyone who requests the adoption, amendment or repeal of a rule should simply write a letter to the Commission saying what he wants done. It will be considered and acted upon by the Commission as soon as reasonably possible. Author: David A. Bagwell Notes Ala. Admin. Code r. 710-…

(1) Annual Physical Examination. Each active bar pilot shall annually submit to the Commission written evidence of an annual medical examination, sufficient to satisfy the Commission of the fitness for duty of the pilot. (2) Submission of Examination Reports. A pilot shall, withi…

The speed limit for vessels in Mobile Harbor is six (6) knots. Any licensed pilot who shall be found in violation of this is subject to the following sanctions: First violation - a warning shall be given to the offending pilot. Second violation - one week suspension of state lice…

(1) Vessels must be served in a timely manner. Pilots must report to vessels (arriving or sailing) at the time specified by agents, owners and/or operators. (2) All vessel delay complaints received by this Commission shall be subject to review and pilots shall be required to subm…

(1) Alabama Code § 33-4-34(5)(a)(2):(a) One-year's experience1. Year-means-360 days-(as-defined in (l)(a)2 below) for the purpose of complying with the "one-year's experience" requirement. 2. Day means, for the purpose of complying with the "one-year's experience" requirement, ei…

Section 33-4-3 - l(a) of the Code of Alabama provides that the State Pilotage Commission shall when necessary maintain a Register of Applicants containing no more than nine applicants for apprenticeship....". This Rule is to set out the operation of that Register. Findings by Com…

The Board is a nine (9) member Board appointed by the Governor. The referenced statute describes the organization, general course, method of operation and method of public information. The public may make submissions and requests to the Board in writing through the mailing addres…

(1) In the absence of locally adopted codes, or minimum standards for the installation, service, and repair of plumbing, gas, and medical gas, the board, pursuant to its authority under Section 34-37-2(a), Code of Ala. 1975, adopts the following minimum standards for the installa…

The board may at any time conduct compliance checks via site visit, office visit, or by any other legal means as necessary to determine compliance with the Plumbers and Gas Fitter Examining Board's laws, and rules, and regulations. The board shall have the authority to inspect re…

Notes Ala. Admin. Code r. 720-X-10-.01 Filed November 23, 1992. Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 05, February 29, 2016, eff. 3/21/2016. Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 09, June 30, 2020, eff. 8/14/2020. Author:…

(1) It shall be unlawful and a violation of Code of Ala. 1975, § 34-37-1, et seq., for an Apprentice Plumber/Gas Fitter ("Apprentice") to perform any plumbing or gas work (as defined in Code of Ala. 1975, § 34-37-1) unless said Apprentice performs the plumbing or gas work under t…

(1) It shall be unlawful and a violation of Act No. 2015-496, as amended, for a Master Plumber, certified in accordance with the rules and regulations of the Alabama Plumbers & Gas Fitters Examining Board as provided in Act No. 2015-496, as amended, or as may be further defined b…

(1) As defined in Code of Ala. 1975, § 34-37-1(13), a "principal master plumber" is responsible for the business conducted by the legal entity with which he or she is "actively and continuously connected." In order to affirmatively establish these required parameters and to be re…

(1) In the event a principal master plumber or principal gas fitter separates by termination, layoff, or voluntary resignation from the legal entity operating under his or her certification, the principal master plumber or principal master gas fitter and the legal entity shall ea…

(1) It shall be unlawful and a violation of Act No. 2015-496, as amended, for a Master Gas Fitter, certified in accordance with the rules and regulations of the Alabama Plumbers & Gas Fitters Examining Board as provided in Act No. 2015-496, as amended, or as may be further define…

(1) As defined in Code of Ala. 1975, § 34-37-1(13), a "principal master gas fitter" is responsible for the business conducted by the legal entity with which he or she is "actively and continuously connected." In order to affirmatively establish these required parameters and to be…

Due to the threat to human life, no one shall install any medical gas piping or breach the integrity of any medical gas piping system unless the person has first received an endorsement for medical gas piping from the Alabama Plumbers and Gas Fitters Examining Board and such endo…

Notes Ala. Admin. Code r. 720-X-15-.01 New Rule: Filed July 21, 2004; effective August 25, 2004. Repealed by Alabama Administrative Monthly Volume XXXIV, Issue No. 05, February 29, 2016, eff. 3/21/2016. Author: Alfred P. Tunstill Statutory Authority: Code of Ala. 1975, §§ 34-37-2…

If a check or negotiable instrument is dishonored, the writer of the check or instrument will be required to tender payment of the full amount of such check or instrument plus a service charge of $30.00 as established by Section8-8-15 of the Code of Ala. 1975. (1) If the dishonor…

Beginning October 1, 2016, all legal entities, as defined in Code of Ala. 1975, $34-37-1(14), engaging in the business of plumbing and/or gas fitting within the State of Alabama shall be required to register annually upon forms provided by the Board, upon first paying all prescri…

(1) The Board, for reasons it may deem sufficient, may reissue a certification or registration to any person whose certification or registration has been revoked provided that a majority of the Board vote in favor or reissuing in accordance with Code of Ala. 1975, § 34-37-12. The…

1. A licensee shall be fair and impartial towards each participant in all aspects of services rendered or received related to their work as a plumber or gas fitter. 2. A licensee, if requested, shall provide information regarding services to be rendered to all clients. All contra…

(1) With respect to the single-family residential dwelling domestic water supply, the water line from the meter to the building or from the outlet side of a well pump to the building is considered plumbing. With respect to the sewer, the building sewer begins at the connection wi…

(1) On-site wastewater disposal systems which are represented by drawings signed and sealed by an engineer licensed in the State of Alabama shall not be considered plumbing. (2) Any other onsite wastewater disposal systems which are permitted by the Alabama Department of Public H…

1. In the event a consumer complaint is filed against a licensee, plumber, gas fitter, or any other person within the Board's jurisdiction, or the Board determines from other information that an investigation is necessary, the procedure for investigating a complaint shall be as f…

1. Board Approved Continuing Education Provider: An individual; partnership; association; organization; educational institution; or governmental agency, offering continuing education for plumbing and gas fitting contractors that meets Board criteria for approval and that has been…

1. All certified contractors shall obtain a minimum of four (4) hours of CE annually, regardless of the number of certifications held. Individuals who hold two certifications must obtain two hours of CE per certification held. Example 1: If a certified contractor only holds certi…

1. The Board may establish a policy for continuing education credit hour deficiency if a certified contractor fails to submit their required hours by November 1st each year. Contractors must submit a written appeal to the Board for an extension of the continuing education credit …

Annually, the Board may establish an Education Committee to aid in developing a curriculum. The Board is also authorized to levy fees for the evaluation of continuing education providers, courses, instructors, and applications for non-traditional courses. The Education Committee'…

1. Providers are required to designate a specific company representative to manage all communications with the Board. 2. To obtain approval as a Board-certified continuing education provider, an applicant is required to submit the appropriate fee and a comprehensive application. …

1. An application for course approval from an approved provider of continuing education shall be submitted to the Board with the required fee. 2. The Board will only consider proposed courses and curricula for approval after the Board's Education Committee has reviewed the propos…

1. The Board may deny any education related application that fails to meet the established standards of the Board or which the Board considers inadequate to properly educate its certified contractors. The Board may consider requests for reconsideration for applications which have…

1. The Board may revoke, suspend, or terminate any provider, course, instructor, or curriculum approval if the Board determines that a course provider or curriculum has failed to comply with the Rules of the Board or its education requirements or has failed to comply with its wri…