reglab/housing_qa huggingface dataset:
AL Code § 41-20-7 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-7 - Procedure for Review and Evaluation of Agencies - Factors to Be Considered in Determining Public Need for Continuation of Agencies Generally.

Section 41-20-7Procedure for review and evaluation of agencies - Factors to be considered in determining public need for continuation of agencies generally. In said public hearings, the determination as to whether a sufficient public need for continuance is present shall take into consideration the following factors concerning the enumerated or nonenumerated agency under review and evaluation: (1) The extent to which any information required to be furnished to the reviewing committee pursuant to Section 41-20-6 has been omitted, misstated or refused and the extent to which conclusions reasonably drawn from said information is adverse to the legislative intent inherent in the powers, duties and functions as established in the enabling legislation creating said agency or is inconsistent with present or projected public demands or needs; (2) The extent to which statutory changes have been recommended which would benefit the public in general as opposed to benefitting the agency; (3) The extent to which operation has been efficient and responsive to public needs; (4) The extent to which it has been encouraged that persons regulated, report to the agency concerning the impact of rules and decisions regarding improved service, economy of service or availability of service to the public; (5) The extent to which the public has been encouraged to participate in rule and decision making as opposed to participation solely by persons regulated; (6) The extent to which complaints have been expeditiously processed to completion in the public interest; (7) The extent to which the division, agency or board has permitted qualified applicants to serve the public; (8) The extent to which affirmative action requirements of state and federal statutes and constitutions have been complied with by the agency or the industry it regulates; and (9) Any other relevant criteria which the reviewing committee, in its discretion, deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the respective agency. (Acts 1976, No. 512, p. 641, §8; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-20-8 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-8 - Procedure for Review and Evaluation of Agencies - Zero-Based Review and Evaluation.

Section 41-20-8Procedure for review and evaluation of agencies - Zero-based review and evaluation. (a) In conjunction with the criteria enumerated in Section 41-20-7, one criterion which may be used in determining sufficient public need in such public hearings shall be a "zero-based review and evaluation." A "zero-based review and evaluation" shall be a comprehensive review and evaluation to determine if the merits of the agency support continuation rather than termination and a finding as to what amounts of funding, if any, shall be authorized to produce correspondingly greater or lesser levels of responsibility and service output. Such a procedure shall necessitate the review and evaluation of all powers, duties and functions which currently are exercised by the agency as well as any request for additions to said powers, duties or functions when reviewing the sufficient public need of the agency. (b) Said "zero-based review and evaluation" shall include, but not be limited to, the following factors: (1) An identification of other agencies having the same or similar objective, along with a comparison of the cost and effectiveness of said agencies, and any duplication of the agency under review; (2) An identification of any agency which has not received and expended state tax dollar revenues within a period of two years prior to said hearings; (3) An examination of the extent to which the objectives of the agency have been achieved in comparison with the objectives as initially set forth in the enabling legislation and an analysis of any significant variance between projected and actual performance; (4) A specification, to the extent feasible, in quantitative terms of the objectives of said agency for the next four years; and (5) An examination of the impact of said agency on the economy of the state. (Acts 1976, No. 512, p. 641, §9; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-20-9 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-9 - Procedure for Review and Evaluation of Agencies - Furnishing of Information by Department of Examiners of Public Accounts; Legislative Reference Service; and Legislative Fiscal Office.

Section 41-20-9Procedure for review and evaluation of agencies - Furnishing of information by Department of Examiners of Public Accounts; Legislative Reference Service; and Legislative Fiscal Office. The Department of Examiners of Public Accounts, the Legislative Reference Service and the Legislative Fiscal Office of the state shall furnish, upon request of the reviewing and evaluating committee, any relevant information, including the results of prior audits and reviews of any agency under review. (Acts 1976, No. 512, p. 641, §12; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-20-11 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-11 - Requirement as to Bill Continuing, Modifying or Reestablishing Agencies.

Section 41-20-11Requirement as to bill continuing, modifying or reestablishing agencies. No more than one enumerated or nonenumerated agency shall be continued, modified or reestablished in any one bill for an act, as provided for in Section 41-20-4, and such agency shall be mentioned in title as provided by law. (Acts 1976, No. 512, p. 641, §14; Acts 1979, No. 79-542, p. 976; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-20-12 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-12 - Cessation of Affairs of Agencies Terminated; Abolition of Personnel Positions and Reversion to State of Unexpended Funds; Expiration of Licenses; Penalties Unenforceable.

Section 41-20-12Cessation of affairs of agencies terminated; abolition of personnel positions and reversion to state of unexpended funds; expiration of licenses; penalties unenforceable. Any enumerated agency which is terminated shall cease its affairs on the date specified in Section 41-20-3. Any nonenumerated agency shall cease its affairs on the date specified in the bill terminating said agency. From the date of sine die of the regular legislative session, immediately preceding the date of termination, any enumerated agency terminated pursuant to Section 41-20-3 shall exercise no functions or powers except to administratively wind up its affairs. Any nonenumerated agency which has been terminated shall exercise no functions or powers, except to administratively wind up its affairs, after the date provided for in the bill terminating such agency. Upon the termination date such enumerated or nonenumerated agency, its personnel position shall be abolished with all unexpended funds reverting back to the state fund from which its appropriation was made, unless otherwise provided by law. Any license issued by any agency, which has an expiration date after the agency's date of termination, shall expire on the effective date of the agency's abolishment. Any penalties for engaging in any profession or activity without being licensed therefor shall not be enforceable with respect to activities occurring after an enumerated or nonenumerated agency has ceased its functions pursuant to this chapter. (Acts 1976, No. 512, p. 641, §5; Acts 1979, No. 79-542, p. 976; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-20-14 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-14 - Effect of Termination of Agency Upon Claims or Rights Against Said Agency; Payment of Unsettled Accounts.

Section 41-20-14Effect of termination of agency upon claims or rights against said agency; payment of unsettled accounts. (a) This chapter shall not cause the dismissal of any claim or right of any citizen which is subject to administrative hearing or litigation against any state agency terminated pursuant to the provisions of this chapter. (b) The state Comptroller is authorized to draw warrants on the State Treasury for any outstanding accounts which are legally owed but unsettled by any agency which has ceased functioning pursuant to this chapter. Such claims must be presented and paid in the same manner as required by law for any claim for the payment of state funds. (Acts 1976, No. 512, p. 641, §15; Acts 1979, No. 79-542, p. 976; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-20-15 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-15 - Utilization of Principles of Zero-Based Review and Evaluation by Governor in Preparation of Budget.

Section 41-20-15Utilization of principles of zero-based review and evaluation by Governor in preparation of budget. The Governor is urged to utilize the principles of "zero-based review and evaluation" for each state agency in his preparation of the budget for each fiscal year and to include such analysis, together with his recommendations, in his transmission of the budget to the Legislature. (Acts 1976, No. 512, p. 641, §13; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-20-16 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 20 - Continuation or Termination of State Agencies.|Section 41-20-16 - Construction of Chapter.

Section 41-20-16Construction of chapter. Nothing in this chapter shall be construed to abrogate any powers, duties or functions of any agency established by the people of Alabama in the Constitution of 1901. (Acts 1976, No. 512, p. 641, §16; Acts 1981, No. 81-61, p. 74, §1.)
AL Code § 41-21-2 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 21 - State Code Distribution.|Section 41-21-2 - Storage of Additional Sets of Code; Distribution Thereof.

Section 41-21-2Storage of additional sets of code; distribution thereof. Repealed by Act 2009-723, §2, effective August 1, 2009.  (Acts 1977, No. 352, p. 470, §2.)
AL Code § 41-21-3 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 21 - State Code Distribution.|Section 41-21-3 - Furnishing of Duplicate Copies to Replace Lost or Destroyed Sets of Code.

Section 41-21-3Furnishing of duplicate copies to replace lost or destroyed sets of code. Duplicate sets of said annotated code, to replace sets lost or destroyed without fault of the custodian, may be furnished to any officer entitled thereto upon application to the Secretary of State, provided said application is approved by the Governor. (Acts 1977, No. 352, p. 470, §3.)
AL Code § 41-21-4 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 21 - State Code Distribution.|Section 41-21-4 - Contract to Publish Code Not Subject to Competitive Bid Laws; Sale of Code by Contractor.

Section 41-21-4Contract to publish code not subject to competitive bid laws; sale of code by contractor. (a) Any contract to publish the official code of the statutes of Alabama under Section 29-7-6 may relate to any medium or form of the code and shall not be subject to the competitive bid laws of the state, including, but not limited to, Article 2 (commencing with Section 41-16-20) and Article 3 (commencing with Section 41-16-50) of Chapter 16 of this title. (b) A person under contract with the state to publish the official code of the statutes of Alabama may sell the code or any portion of the code, in any form or medium, pursuant to the contract to any person, firm, or corporation within or outside the state, if it is sold at prices determined and fixed by the publisher and the Legislative Council. (Acts 1977, No. 352, p. 470, §4; Act 98-676, p. 1488, §1.)
AL Code § 41-21-5 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 21 - State Code Distribution.|Section 41-21-5 - Vesting of Title to Sets of Code; Duty of Officers, Employees, etc., of State as to Disposition of Sets of Code in Custody Thereof Upon Severance of Connection With Offices, etc.; Effect of Failure to Dispose of Code in Manner Prescribed by Section.

Section 41-21-5Vesting of title to sets of code; duty of officers, employees, etc., of state as to disposition of sets of code in custody thereof upon severance of connection with offices, etc.; effect of failure to dispose of code in manner prescribed by section. Except those sets of codes distributed to members of the Legislature and the Lieutenant Governor, the title to all of the sets of the annotated code, the distribution of which to officers and offices of the state and the several counties and municipalities thereof is provided for in this chapter, shall forever remain in the State of Alabama and said sets shall never become the personal property of any person or corporation, however long they shall have had possession thereof. Officers, employees and agents of the state and of the several counties thereof to whom a set of said annotated code is transmitted by the Secretary of State under the provisions of this chapter, upon the severance of their connection with their offices, employments or agencies, shall deliver over to their successors, if any, and, if there are no successors, to the Secretary of State, sets of the annotated code in their custody. Upon the failure of any officer, employee or agent to comply with the provisions of this section relative to the return of sets of annotated code in their custody, they and the sureties upon their official bonds, if any, shall be liable for the value of the sets or volumes thereof not returned as required by this section, to be recovered by action in the name of the state, commenced and prosecuted by the district attorney of the county of their respective residences in any court having jurisdiction of said action. (Acts 1977, No. 352, p. 470, §5.)
AL Code § 41-21-6 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 21 - State Code Distribution.|Section 41-21-6 - Taking of Receipts From Officers, etc., to Whom Sets of Code Distributed; Maintenance by Secretary of State of Record Book as to Distribution of Sets of Code.

Section 41-21-6Taking of receipts from officers, etc., to whom sets of code distributed; maintenance by Secretary of State of record book as to distribution of sets of code. It shall be the duty of the Secretary of State to take receipts from each public official of the state and of the several counties to whom he distributes sets of said annotated code. And, in the event that the Secretary of State shall transmit sets for the use of all of the officers of a county to one officer of the county for distribution to the several officers in said county entitled thereto, the officer making such distribution shall take receipts from the officers, agents or employees in said county to whom he distributes said sets, showing the number of sets distributed and the date of distribution, which said receipts must be witnessed by the officer distributing the same, and said receipts shall forthwith be sent by registered mail to the office of the Secretary of State. The Secretary of State shall register in a well-bound book, which shall be a permanent record in his office, the name, official title and address of every public official, employee or agent of the state and of the several counties thereof to whom has been distributed sets of said annotated code under the provisions of this chapter, and who has signed a receipt therefor and shall record the date of said distribution and the number of sets distributed to each such officer, agent or employee. Upon the return of any sets by officers, agents and employees of the state or of any county thereof, as provided in this chapter, the Secretary of State shall note in said record book the date of said return and the number of sets or volumes returned. (Acts 1977, No. 352, p. 470, §6.)
AL Code § 41-21-7 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 21 - State Code Distribution.|Section 41-21-7 - Preparation and Publication of Compilations or Abridgments of Code Provisions Relating to Specific Agencies, Departments, Etc.

Section 41-21-7Preparation and publication of compilations or abridgments of code provisions relating to specific agencies, departments, etc. The Code Commissioner may contract for the preparation and publication of a compilation or abridgment in any form or medium of those sections of the Code of Alabama relating to a specific agency, department, institution, bureau, board, commission, or subject which, in the opinion of the Legislative Council, is essential to the effective performance of the duties of the agency, department, institution, bureau, board, or commission requesting the publication. A contract for the publication of a compilation or abridgment may be entered into only after funds have been appropriated or are otherwise available to the agency, department, institution, bureau, board, or commission for the publication. The compilation may be completely indexed and may include the annotations to the sections of the code included in the compilation. (Acts 1977, No. 352, p. 470, §7; Act 98-676, p. 1488, §1.)
AL Code § 41-21-8 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 21 - State Code Distribution.|Section 41-21-8 - Appropriation.

Section 41-21-8Appropriation. There is hereby appropriated, out of the moneys in the State Treasury not otherwise appropriated, such amounts of money as are, or may be, necessary to carry out the provisions of this chapter relating to the distribution of the sets of said code to the several state and county officers, agents and employees. (Acts 1977, No. 352, p. 470, §8.)
AL Code § 41-22-1 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-1 - Short Title.

Section 41-22-1Short title. This chapter shall be known as and may be cited as the "Alabama Administrative Procedure Act." (Acts 1981, No. 81-855, p. 1534, §1.)
AL Code § 41-22-2 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-2 - Legislative Intent and Purpose; Effect on Substantive Rights; Applicability; Rulemaking Authority.

Section 41-22-2Legislative intent and purpose; effect on substantive rights; applicability; rulemaking authority. (a) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public; and, save for express provisions of this act to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are in addition to those provided herein. (b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the following: a. Provide legislative oversight of powers and duties delegated to administrative agencies. b. Increase public accountability of administrative agencies. c. Simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions. d. Increase public access to governmental information. e. Increase public participation in the formulation of administrative rules. f. Increase the fairness of agencies in their conduct of contested case proceedings.  g. Simplify the process of judicial review of agency action as well as increase its ease and availability. (2) In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical, and effective government administration. (c) This chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained. (d) Every state agency having express statutory authority to adopt rules shall be governed by this chapter and any additional provisions required by statute, and shall also have the authority to amend or repeal rules, and to prescribe methods and procedures required in connection therewith. Nothing in this chapter shall be construed as granting to any agency the authority to adopt rules. (e) All agencies whose rules or administrative decisions are subject to approval by the Supreme Court of Alabama and the Department of Insurance of the State of Alabama are exempted from this chapter. (Acts 1981, No. 81-855, p. 1534, §2; Act 2019-498, §1.)
AL Code § 41-22-4 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-4 - Adoption by Agencies of Rules Governing Organization, Practice, etc.; Public Access to Rules, Orders, etc.; Effect of Rules, Orders, etc., Not Made Available to Public.

Section 41-22-4Adoption by agencies of rules governing organization, practice, etc.; public access to rules, orders, etc.; effect of rules, orders, etc., not made available to public. (a) In addition to the other rulemaking requirements imposed by law, each agency shall: (1) Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests; (2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency; (3) Make available for public inspection and copying, at cost, all rules and all other written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions; (4) Make available for public inspection and copying, at cost, and index by name and subject all final orders, decisions, and opinions which are issued after October 1, 1982, except those expressly made confidential or privileged by statute or order of court. (b) No agency rule, order, or decision shall be valid or effective against any person or party nor may it be invoked by the agency for any purpose until it has been made available for public inspection and indexed as required by this section and the agency has given all notices required by Section 41-22-5. This provision is not applicable in favor of any person or party who has actual knowledge thereof, and the burden of proving such knowledge shall be on the agency. (Acts 1981, No. 81-855, p. 1534, §4.)
AL Code § 41-22-5.2 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 22 - Administrative Procedure.|Section 41-22-5.2 - Review of Existing Rules.

Section 41-22-5.2Review of existing rules. (a) Within five years of July 1, 2013, each agency shall review all agency rules existing on that date to determine whether the rules should be continued without change, or should be amended or rescinded. The agency may indicate compliance with the requirements of this section by filing a notice in the Alabama Administrative Monthly certifying its compliance. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the agency shall publish a statement certifying that determination. (b) A rule adopted after July 1, 2013, shall be reviewed every five years in a manner consistent with subsection (a). (Act 2013-88, p. 188, §2; Act 2019-498, §1.)