Title 34 — Title 34

(a) Each applicant for a transient merchant license must include a license fee of $250 with the application, to be deposited in the county treasury that issues the license. The license applicant must also execute a cash bond or a surety bond issued by a corporate surety authorize…

(a) The probate judge shall issue a transient merchant license under this chapter only if all requirements of this chapter have been met. The license is not transferable, and is valid only within the territorial limits of the issuing county. A license expires 90 days after the da…

Any person who knowingly or intentionally operates a transient business without a valid license as provided by this chapter, or who knowingly or intentionally advertises, offers for sale, or sells any merchandise or services in violation of this chapter, shall, upon conviction, b…

This chapter shall be known and may be cited as the “Alabama Electrical Contractors Act” and shall be construed and implemented to promote the purposes and policies set forth in this chapter. History: (Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §1; Act 2010-540, p. 932, §1.)

A suspended license is subject to expiration and must be renewed or restored as provided in this chapter during the term of suspension. History: (Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §10.)

The board is empowered to establish and charge reasonable fees for the administration of examinations, issuance of all active and inactive licenses, and supplying information to applicants, licensees, and the general public. Such fees shall be commensurate with the cost of fulfil…

Every person holding a license issued by the board shall display it in a conspicuous manner at his or her principal place of business. History: (Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §12.)

(a) No person shall engage in the electrical contracting business or perform work as a master or journeyman electrician unless such person shall have received a license from the board or from the county or municipality where the electrical contracting work is being performed; pro…

Terms and Compensation of Members; Rules for Appeals. Repealed by Act 2010-540, p. 932, §3, effective July 1, 2010. History: (Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §14.)

Electrical contracting involves activities affecting the public interest and the health, safety, and welfare of the public. Such activities, when engaged in by a person who is not licensed, are a public nuisance and harmful to the public health, safety, and welfare. The board or …

(a) Except as provided in Section 13A-9-111.1, it shall be unlawful for any person to violate this chapter regulating electrical contracting, and any person convicted of such violation shall be punished as a Class A misdemeanor. (b) It shall be unlawful, except as otherwise provi…

There is hereby established a separate fund in the State Treasury to be known as the Alabama Board of Electrical Contractors Fund. All money derived under the provisions of this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Suc…

This chapter shall not be construed as authorizing the employment of statewide electrical inspectors. History: (Act 2010-540, p. 932, §2.)

The “Alabama Electrical Contractors Act” is enacted for the purpose of safeguarding homeowners and other property owners and tenants against faulty, inadequate, inefficient, or unsafe electrical installations and to protect the life, health, and property of homeowners and other p…

The following terms shall have the meanings respectively ascribed to them used in this chapter, for the purposes of this chapter, unless the context clearly requires a different meaning: (1) BOARD. The Alabama Board of Electrical Contractors. (2) DIRECTOR. The Executive Director …

(a) The Alabama Board of Electrical Contractors is created. (b) A person to be eligible for appointment to serve on the board shall be a citizen and resident of Alabama. Each person appointed to the board from each congressional district shall be actively engaged in the electrica…

The members of the board shall receive up to three hundred dollars ($300) per day with a limit of 15 days per year while performing their official duties, in addition to the same per diem and mileage as provided to state employees. History: (Acts 1985, 2nd Ex. Sess., No. 85-921 p…

(a) By rule, the board shall make provisions to do all of the following: (1) Prepare or approve all examinations of applicants for licenses for electrical contractors and journeyman electricians. (2) Determine the qualifications of electrical contractors to engage in the business…

(a) All applicants for licensure as an electrical contractor or journeyman electrician must submit a completed application, application fee, and supportive documentation of qualifications before taking an examination approved by the board. The board shall examine applicants at le…

Status. (a) All licenses shall expire annually or at other times designated by the board. All applications for renewal of licenses shall be filed with the director prior to the expiration date, accompanied by the annual renewal fee prescribed by the board. (b) The board is author…

An expired license for an electrical contractor which has expired for failure to renew may only be restored within five years from the date of expiration after application and payment of the prescribed restoration fee and satisfaction of all continuing education requirements. The…

For purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires a different meaning: (1) APPRENTICE GAS FITTER OR PLUMBER. A person other than a master or journeyman gas fitter or plumber, who is engaged in learning and assi…

Repealed by Act 2015-496 effective September 1, 2015. History: (Acts 1987, No. 87-812, p. 1616, §10; Acts 1989, No. 89-406, p. 858, §3.)

The board may establish reciprocal agreements with any other state licensing or certifying board which recognizes, as a minimum, the standards prescribed by the board, and may allow certified plumbers and gas fitters to receive a certificate in this state without taking examinati…

(a) The board may revoke or suspend any certificate or registration if obtained through concealment, misstatement, or misrepresentation of any material fact in the application for such certificate. The board may discipline any person as defined in Section 34-37-1 for a violation …

Repealed by Act 2015-496 effective September 1, 2015. History: (Acts 1987, No. 87-812, p. 1616, §13.)

Affidavit. (a) No person who has obtained a certificate or registration shall allow his or her name to be used by another person, either for the purpose of obtaining permits, or doing business or work under his or her certificate or registration; and every person certified or reg…

Chapter. (a) The following acts, work, and conduct may be performed by anyone, without registration or certificate, provided, however, that all work and services herein named or referred to shall be subject to an inspection and approval in accordance with the terms of all state l…

(a) No person shall use nor allow their certificate to enable anyone other than the certificate holder and his or her employees directly supervised by the certificate holder to perform plumbing or gas fitting. Local officials may require the certificate holder to be present if an…

(a) The board shall have the administrative authority to discipline or require a certificate holder to attend training specific to violations. The board has the authority to levy civil fines or penalties to any registered apprentice, certificate holder, or legal entity registered…

(a) The board shall keep a record of its proceedings. (b) The records of the board shall be evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the executive director of the board under seal, shall be admissible in evidence with…

All laws or parts of laws which conflict with this act are hereby repealed and Act No. 529, H. 977, 1949 Regular Session (Acts 1949, p. 827), is hereby specifically repealed. History: (Acts 1987, No. 87-812, p. 1616, §18; Acts 1989, No. 89-406, p. 858, §3.)

(a) The Plumbers Examining Board as created by Act No. 529 of the 1949 Regular Session of the Legislature (Acts 1949, p. 827), as amended, is renamed the State of Alabama Plumbers and Gas Fitters Examining Board and the authority of the board is expanded to allow the board to exa…

The board members serving on January 1, 2011, shall continue to serve on the board until successor board members are appointed and qualified. Appointments shall be subject to confirmation by the Senate. Commencing on March 26, 2012, as the term of office of a member serving on th…

(a) The board shall meet when necessary for the proper performance of its duties, but in no case less than once a year. Meetings shall be held at places in the state as the board deems necessary. At its first meeting next following May 2, 1989, and every two years thereafter, the…

and Deputy Director. (a) There is established a separate special revenue trust fund in the State Treasury to be known as the State of Alabama Plumbers and Gas Fitters Examining Board Fund. All receipts collected by the board under this chapter shall be deposited in this fund and …

Endorsement. (a) It shall be unlawful for any person or other legal entity to contract, engage in, offer to engage, or convey the impression that he or she is certified in plumbing, gas fitting, or medical gas piping within this state unless the person has first registered or rec…

Under the Supervision of a Journeyman or Master Plumber or Gas Fitter. The board may set a ratio of apprentice plumbers and apprentice gas fitters working under the supervision of any journeyman or master plumber or gas fitter; provided, the ratio shall be not less than three app…

Any person who fails to pass an examination may, upon reapplication and payment of the regular examination fee, be reexamined at any subsequent examination given by the board. History: (Acts 1987, No. 87-812, p. 1616, §7; Acts 1989, No. 89-406, p. 858, §3.)

Education. (a) Any person who holds a certificate issued by the board shall be issued statewide certification upon the annual renewal of their existing certificate. (b) Any certificate issued by the board shall be acceptable by any city, town, or county in the state and any exist…

The board shall set the necessary fees to administer the requirements of this chapter and when adopted, such fee schedule shall be in lieu of any fee schedule heretofore prescribed by the board. The board shall not change the fee schedule to be effective in the middle of a calend…

For the purposes of this chapter, the following terms shall have the meaning respectively ascribed to them by this section, unless the context clearly provides for another: (1) DENTIST. Any person who is a dentist or dental practitioner pursuant to the definition of Section 6-5-4…

Inebriation, Etc.; Alabama Impaired Professionals’ Committee; Expenses; Competitive Bidding Not Required. It shall be the duty and obligation of the State Board of Dental Examiners and the State Board of Pharmacy to promote the early identification, intervention, treatment, and r…

Committee to Undertake Certain Functions. The board or boards shall have the authority to enter into an agreement with a nonprofit corporation, health provider, or professional association for the Alabama Impaired Professionals’ Committee to undertake those functions and responsi…

Disclosure and Joint Review of Information. The Alabama Impaired Professionals’ Committee shall develop procedures in consultation with such board or boards for: (1) Periodic reporting of statistical information regarding impaired professional program activity; (2) Periodic discl…

Actions Within Scope of Function. Any dentist licensed to practice in the State of Alabama, or pharmacist, who shall be duly appointed to serve as a member of the Alabama Impaired Professionals’ Committee and any auxiliary personnel, consultants, attorneys, or other employees of …

All information, interviews, reports, statements, memorandums, or other documents furnished to or produced by the Alabama Impaired Professionals’ Committee and any findings, conclusions, recommendations, or reports resulting from the investigations, interventions, treatment, or r…

It shall be the duty of the Alabama Impaired Professionals’ Committee to render an annual report to each board or boards, concerning the operations and proceedings of the committee for the preceding year. In addition, the committee shall promptly report to the respective boards a…

Findings. If the board or boards has reasonable cause to believe that a professional is impaired, such board may cause an evaluation of such professional to be conducted by the Alabama Impaired Professionals’ Committee, for the purpose of determining if there is an impairment. Th…

This chapter shall be known and may be cited as the “Alabama State Occupational Therapy Practice Act.” History: (Acts 1990, No. 90-383, p. 515, §1.)