reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-4 - License Required.

Section 25-13-4
License required.
(a) No person shall erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within buildings or structures in the jurisdiction of this state unless an elevator mechanic license has been issued, as described herein, and the person is working under the direct supervision of a sole proprietor, firm, or corporation who is a licensed elevator contractor pursuant to this chapter. No person shall wire any conveyance, from the mainline feeder terminals on the controller, in the jurisdiction of this state, unless an elevator mechanic license has been issued as described herein and the person is working under the direct supervision of a sole proprietor, firm, or corporation who is a licensed elevator contractor pursuant to this chapter. No other license shall be required for this work. A licensed elevator contractor is not required for removing or dismantling conveyances which are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.
(b) No person shall inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless an inspector's license has been issued as described herein.
(Act 2003-349, p. 903, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-5 - Elevator Safety Review Board - Created; Composition.

Section 25-13-5
Elevator Safety Review Board - Created; composition.
(a) There is created the Elevator Safety Review Board, herein referred to as the "board," consisting of 10 members, one of whom shall be the State Secretary of the Department of Labor who shall serve as the administrator. The Governor shall appoint the remaining nine members of the board as follows: One representative from a major elevator manufacturing company or its authorized representative; one representative from an elevator servicing company; one representative of the architectural design profession; one representative of the general public; one representative of a municipality in this state; one representative of a building owner or manager; one representative who is physically handicapped; one licensed professional engineer; and one representative of labor involved in the installation, maintenance, and repair of elevators. Each member of the board shall be a citizen of this state and the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(b) The initial members constituting the board shall serve for terms of three years, excluding the administrator who shall serve continuously. The board members shall serve without salary, but shall receive from the state expenses necessarily incurred by them in performance of their duties. The Governor shall appoint one of the members to serve as chair, and the chair shall be the deciding vote in the event of a tie vote.
(c) Upon the expiration of the initial terms of office, the terms of office shall be staggered so that three successors shall serve terms of office of one year each; three successors shall serve terms of office of two years each; and three successors shall serve terms of office of three years each. The Governor, by drawing lots, shall determine which successors shall serve one, two, and three-year terms of office. Thereafter, each successor member shall be appointed and serve a term of office of three years. The administrator shall continue to serve continuously.
(Act 2003-349, p. 903, §5; Act 2005-69, p. 97, §3; Act 2009-32, p. 105, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-6 - Elevator Safety Review Board - Powers and Duties.

Section 25-13-6
Elevator Safety Review Board - Powers and duties.
THIS SECTION WAS AMENDED BY ACT 2022-241 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) The board may consult with engineering authorities and organizations concerned with standard safety codes, rules, and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of elevators, dumbwaiters, escalators, and the qualifications which are adequate, reasonable, and necessary for an elevator mechanic, contractor, and inspector. Therefore, the board may recommend the amendments of applicable legislation, when appropriate, to legislators.
(b) The board shall establish regulations for the equipment regulated by this chapter. The regulations shall include the Safety Code for Elevators and Escalators, ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Automated People Mover Standards, ASCE 21. The board shall adopt the latest editions of the standards within six months of their effective date. Any modifications to the standards that the administrator deems necessary shall be justified in writing by the board.
(c) The board may grant exceptions and variances from the literal requirements of applicable code and standards, regulations, or local legislation, or any combination of these, in cases where such variances would not jeopardize the public safety and welfare. The board may hear appeals, hold hearings, and decide upon appeals within 30 days of the appeal.
(d) The board shall establish fee schedules for licenses, permits, certificates, and inspections. The fees shall reflect the actual costs and expenses to conduct the duties as described in this chapter. All fees collected by the administrator pursuant to this chapter shall be remitted to the Elevator Safety Review Board Operational Fund in the State Treasury to the credit of the board for its operation and for the operation of the Department of Labor. Any funds appropriated for the operation of the board that are not needed for current operations as determined by the administrator of the department and within the appropriation ceiling of the board may be used for operation of the department. All fees collected in the Elevator Safety Review Board Operational Fund above the appropriated amount shall be transferred to the State General Fund within one quarter after the end of each fiscal year.
(e) In addition, the administrator of the department may transfer unused funds in the Elevator Safety Review Board Operational Fund to the State General Fund.
(Act 2003-349, p. 903, §6; Act 2005-69, p. 97, §3; Act 2009-32, p. 105, §3; Act 2010-597, p. 1343, §1; Act 2011-559, p. 1063, §1; Act 2017-70, §3; Act 2018-76, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-7 - Application for License.

Section 25-13-7
Application for license.
(a) Elevator Contractor. Any sole proprietor, firm, or corporation wishing to engage in the business of elevator, dumbwaiter, escalator, moving sidewalk, or other conveyance installation, alteration, service, replacement, or maintenance within this jurisdiction shall make application for a license with the administrator on a form provided by the administrator.
(b) Elevator Mechanic. Any person wishing to engage in installing, altering, repairing, or servicing an elevator, dumbwaiter, escalator, moving sidewalk installation, alteration, service, replacement, or maintenance within the jurisdiction of this state shall make application for a license with the administrator on a form provided by the administrator.
(c) Inspector. Any person wishing to engage in the business of elevator, dumbwaiter, escalator, moving walk, or platform or stairway chairlift inspections within the jurisdiction of this state shall make application for a license with the administrator on a form to be provided by the administrator. An inspector shall possess those qualifications established by rule of the Department of Labor.
(d) The application for licenses shall contain information for the following provisions:
(1) If a person or sole proprietor, the name, residence address, and business address of the applicant.
(2) If a partnership, the name and residence and business addresses of each partner.
(3) If a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation. If a corporation other than a domestic corporation, the name and address of a local agent who shall be authorized to accept service of process and official notices.
(4) The number of years the applicant has engaged in the business of installing, inspecting, and maintaining or servicing elevators or platform lifts.
(5) The approximate number of persons, if any, to be employed by the elevator contractor applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance.
(6) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance.
(7) Criminal record of convictions, if any, as verified by the Department of Public Safety.
(8) If a person or sole proprietor, a statement that the applicant is a United States citizen or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(9) Other information as the administrator may require.
(Act 2003-349, p. 903, §7; Act 2009-32, p. 105, §3; Act 2013-149, p. 283, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-8 - Qualifications for Mechanic License; Issuance Without Examination.

Section 25-13-8
Qualifications for mechanic license; issuance without examination.
(a) No license shall be granted to any person who has not proven his or her qualifications and abilities. Applicants for a mechanic license must demonstrate the following qualifications:
(1) An acceptable combination of documented experience and education credits and not less than three years' work experience in the elevator industry in construction, maintenance, and service and repair, as verified by current and previous employers licensed to do business in this state. Satisfactory completion of a written examination administered by the board on the most recent referenced codes and standards.
(2) Certificates of completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program or its equivalent; or certificates of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor, or a state apprenticeship council.
(b) Any person who furnishes the administrator with acceptable proof that he or she has worked as an elevator constructor or maintenance or repair person shall upon making application for a license and paying the license fee be entitled to receive a license without an examination. The person shall have worked without direct and immediate supervision for an elevator contractor licensed to do business in this state. This employment shall be not less than three years immediately prior to September 1, 2003. The person must make application within one year of September 1, 2003.
(c) A license shall be issued to an individual holding a valid license from a state having standards substantially equal to those of this chapter upon application and without examination.
(Act 2003-349, p. 903, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-9 - Qualifications for Inspector's License.

Section 25-13-9
Qualifications for inspector's license.
No inspector's license shall be granted to any person unless he or she demonstrates to the satisfaction of the administrator or other officer designated by the board that he or she meets the qualifications established by rule of the Department of Labor for an elevator inspector.
(Act 2003-349, p. 903, §9; Act 2017-70, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-10 - Requirements for Contractor's License.

Section 25-13-10
Requirements for contractor's license.
No license shall be granted to any sole proprietor, firm, or corporation that has not demonstrated the requisite qualifications and abilities. Duly authorized applicants for an elevator contractor's license must have in their employ licensed elevator mechanics who perform the work described herein and have proof of compliance with the insurance requirements as set forth in this chapter.
(Act 2003-349, p. 903, §10.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-11 - Comity.

Section 25-13-11
Comity.
A license may be issued to a sole proprietor, firm, or corporation holding a valid license from a state having standards substantially equal to those of this chapter, upon application.
(Act 2003-349, p. 903, §11.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-13 - Suspension, Revocation, etc., of License.

Section 25-13-13
Suspension, revocation, etc., of license.
(a) A license issued pursuant to this chapter may be suspended, revoked, or subject to civil penalty by the administrator upon verification that any one or more of the following reasons exist:
(1) Any false statement as to material matter in the application.
(2) Fraud, misrepresentation, or bribery in securing a license.
(3) Failure to notify the administrator and the owner or lessee of an elevator or related mechanism of any condition not in compliance with this chapter.
(4) Violation of any provisions of this chapter.
(b) No license shall be suspended, revoked, or subject to civil penalty until after a hearing before the administrator upon notice to the licensee of at least 10 days at the last known address appearing on the license, served personally or by registered mail. The notice shall state the date, hour, and place of hearing and set forth a statement of facts constituting the grounds for the charges against the licensee. The administrator may suspend or revoke the license or dismiss the proceeding.
(c) Any person, sole proprietor, firm, or corporation whose license is revoked, suspended, or subject to civil penalty may appeal from such determination to the board, which shall, within 30 days thereafter, hold a hearing, of which at least 15 days' written notice shall be given to all interested parties. The board shall, within 30 days after such hearing, issue a decision.
(Act 2003-349, p. 903, §13.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-14 - Registration of Conveyances.

Section 25-13-14
Registration of conveyances.
Within six months after the date of the appointment of the board, the owner or lessee of every existing conveyance shall register with the board and the administrator each such elevator, dumbwaiter, platform lift, and escalator, or device described in Section 25-13-1 owned and operated by the owner or lessee, giving the type, rated load and speed, name of manufacturer, its location and the purpose for which it is used, and such additional information as the administrator may require. Elevators, dumbwaiters, platform lifts, escalators, and moving walks, or other conveyances on which construction has begun subsequent to the date of the creation of the board shall be registered at the time they are completed and placed in service.
(Act 2003-349, p. 903, §14.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-15 - Installation, Service, Maintenance of Conveyances.

Section 25-13-15
Installation, service, maintenance of conveyances.
It shall be the responsibility of individuals, firms, or corporations licensed by this chapter to ensure that installation and/or service and maintenance of elevators and devices described in Section 25-13-1 are performed in compliance with the provisions contained in the state fire prevention and building codes and with generally accepted standards referenced in the code.
(Act 2003-349, p. 903, §15.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-16 - Conveyance Permit Required.

Section 25-13-16
Conveyance permit required.
THIS SECTION WAS AMENDED BY ACT 2022-241 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) No conveyance covered by this chapter shall be erected, constructed, installed, or altered within buildings or structures within this jurisdiction unless a permit has been obtained from the administrator before the work is commenced. Where any material alteration, as defined herein, is made, the device shall conform to applicable requirements in ASME A17.1, ASME A18.1, or ASCE 21 for the alteration. No permit required hereunder shall be issued except to a sole proprietor, firm, or corporation holding a current elevator contractor's license, duly issued pursuant to this chapter. A copy of such permit shall be kept at the construction site at all times while the work is in progress.
(b) The permit fee shall be as set by the board. Permit fees collected are non-refundable.
(c) Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated, or altered; and all structural supporting members thereof, including foundations, and shall specify all materials to be employed and all loads to be supported or conveyed. Such plans and specifications shall be sufficiently complete to illustrate all details of construction and design.
(d) The applicable fees shall accompany each permit application.
(Act 2003-349, p. 903, §16.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-17 - Revocation of Permit; Extension of Time.

Section 25-13-17
Revocation of permit; extension of time.
(a) Permits may be revoked for the following reasons:
(1) Where any false statements or misrepresentations were made as to the material facts in the application, plans, or specifications on which the permit was based.
(2) Where the permit was issued in error and should not have been issued in accordance with this chapter.
(3) Where the work detailed under the permit is not being performed in accordance with the provisions of the application, plans, or specifications or with this chapter or conditions of the permit.
(4) Where the elevator contractor to whom the permit was issued fails or refuses to comply with a STOP WORK order.
(5) If the work authorized by the permit is not commenced within six months after the date of issuance or within a shorter period of time as the administrator, or his or her authorized representative in his or her discretion, may specify at the time the permit is issued.
(6) If the work is suspended or abandoned for 60 days, or shorter time as the administrator may specify at the time the permit is issued, after the work has been started.
(b) The administrator may allow an extension of time at his or her discretion.
(Act 2003-349, p. 903, §§17, 18.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-18 - Installation by Licensee; Certification of Compliance; Certificate of Operation; Inspection.

Section 25-13-18
Installation by licensee; certification of compliance; certificate of operation; inspection.
(a) All new conveyance installations shall be performed by a sole proprietor, firm, or corporation to which a license to install or service conveyances has been issued. Subsequent to installation, the licensed sole proprietor, firm, or corporation must certify compliance with the applicable sections of this chapter. Prior to any conveyance being used, the property owner or lessee must obtain a certificate of operation from the administrator. A fee as set forth in this chapter shall be paid for the certificate of operation. It shall be the responsibility of the licensed elevator contractor to complete and submit first-time registrations for new installations. The certificate of operation fee for newly installed elevators, platform lifts, and stairway chairlifts for private residences shall be subsequent to an inspection by a licensed third party inspection firm.
(b) The certificate of operation fee for all new and existing stairway chairlifts for private residences and any renewal fees shall be waived. The administrator, or his or her designee, shall inspect, in accordance with the requirements set forth in this chapter, all newly installed elevators, platform lifts, and stairway chairlifts for private residences. For newly installed residential elevators and residential elevators in locations other than private residences, the inspector shall note on the inspection report compliance with the applicable codes governing protection of hoistway openings, commonly known as the 3x5 rule.
(c) A certificate of operation is renewable annually. The administrator may require any conveyance out of compliance with this chapter to be placed out of service until it is reinspected and found to be in compliance. In addition, a private residence owner may request an annual inspection at his or her discretion. Certificates of operation must be clearly displayed on or in each conveyance.
(d) No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of elevators and conveyances within the limits of the county, municipality, or other political subdivision.
(Act 2003-349, p. 903, §19; Act 2011-708, p. 2190, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-19 - Insurance Policies.

Section 25-13-19
Insurance policies.
(a) Elevator contractors shall submit to the administrator an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one occurrence and with coverage of at least five hundred thousand dollars ($500,000) for property damage in any one occurrence and the statutory workers' compensation insurance coverage.
(b) Elevator inspectors, not employed by the authority having jurisdiction, shall submit to the administrator an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one occurrence and with coverage of at least five hundred thousand dollars ($500,000) for property damage in any one occurrence and the statutory workers' compensation insurance coverage.
(c) The policies, or duly certified copies thereof, or an appropriate certificate of insurance approved as to form by the administrator shall be delivered to the administrator before or at the time of the issuance of a license. In the event of any material alteration or cancellation of any policy, at least 10 days' notice shall be given to the administrator.
(Act 2003-349, p. 903, §20.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-20 - Enforcement Program; Investigation.

Section 25-13-20
Enforcement program; investigation.
(a) It shall be the duty of the administrator to develop an enforcement program which will ensure compliance with regulations and requirements referenced in this chapter. An enforcement program shall include, but is not limited to, regulations for identification of property locations which are subject to the regulations and requirements; issuing notifications to violating property owners or operators; random on-site inspections and tests on existing installations; witnessing periodic inspections and testing in order to ensure satisfactory performance by licensed persons, sole proprietors, firms, or corporations; and assisting in the development of public awareness programs.
(b) Any person may request an investigation into an alleged violation of this chapter by giving notice to the administrator of such violation or danger. The notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request. Upon the request of any person signing the notice, such person's name shall not appear on any copy of the notice or any record published, released, or made available.
(c) If upon receipt of a notification, the administrator determines that there are reasonable grounds to believe that a violation or danger exists, the administrator shall cause to be made an investigation in accordance with this chapter as soon as practicable to determine if such violation or danger exists. If the administrator determines that there are no reasonable grounds to believe that a violation or danger exists, the administrator shall notify the party in writing of such determination.
(Act 2003-349, p. 903, §21.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-21 - Liability Under Chapter.

Section 25-13-21
Liability under chapter.
This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator or other related mechanism covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefor or any liability to any person for whatever reason whatsoever by the enactment of this chapter or any acts or omissions arising hereunder.
(Act 2003-349, p. 903, §22.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-22 - Penalties.

Section 25-13-22
Penalties.
Any owner or lessee who shall violate any of the provisions of this chapter, upon conviction thereof, shall be fined in an amount not to exceed one thousand five hundred dollars ($1,500) or be imprisoned for a period not exceeding 30 days or both fined and imprisoned.
(Act 2003-349, p. 903, §23.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-23 - Compliance With Chapter.

Section 25-13-23
Compliance with chapter.
The provisions of this chapter are not retroactive unless otherwise stated, and equipment shall be required to comply with the applicable code at the date of installation or within the period determined by the board for compliance with ASME A17.3, whichever is more stringent. If upon the inspection of any device covered by this chapter, the equipment is found to be in dangerous condition or there is an immediate hazard to those riding or using the equipment or if the design or the method of operation in combination with devices used is considered inherently dangerous in the opinion of the administrator, the administrator shall notify the owner of the condition and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition.
(Act 2003-349, p. 903, §24.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-24 - Annual Inspections Required.

Section 25-13-24
Annual inspections required.
(a) It shall be the responsibility of the owners of all new and existing conveyances located in any building or structure to have the conveyances inspected annually (ASME A17.1, category one) by a licensed elevator inspector. Subsequent to inspection, the licensed elevator inspector shall supply the property owner or lessee and the administrator with a written inspection report describing any and all violations. Property owners shall have 30 days from the date of the published inspection report to be in full compliance with correcting the violations.
(b) It shall be the responsibility of the owners of conveyances to have a licensed elevator inspector, as described in this chapter, insure that the required tests are performed at intervals in compliance with ASME A17.1, ASME A18.1, and ASCE 21.
(c) All tests shall be performed by a licensed elevator mechanic.
(Act 2003-349, p. 903, §25.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-25 - Relation to Other Laws, Etc.

Section 25-13-25
Relation to other laws, etc.
Whenever a provision in this chapter is found to be inconsistent with any provision of applicable state law, any rule or regulation promulgated thereunder, or any code, the applicable state law shall prevail. This chapter, unless specifically stated otherwise, is not intended to establish more stringent or more restrictive standards than standards set forth in the applicable state law.
(Act 2003-349, p. 903, §26.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 14 - Alabama Professional Employer Organization Registration Act. › Section 25-14-2 - Legislative Findings.

Section 25-14-2
Legislative findings.
The Legislature finds and declares the following:
(1) That employee leasing is a growing industry in the State of Alabama and that professional employer organizations provide increased opportunities for employers to develop cost-effective methods of satisfying their personnel requirements and providing employees with access to certain employment benefits which might otherwise not be available to them.
(2) The Legislature deems it necessary, however, in the interest of the welfare of workers and employers to establish standards for the operation, regulation, and registration of professional employer organizations in Alabama to be administered by the Workers' Compensation Division of the Department of Labor, and it is the intent of the Legislature that this be accomplished pursuant to the Alabama Professional Employer Organization Registration Act.
(3) That any allocation of the employer duties and responsibilities pursuant to this chapter will preserve all rights to which covered employees would be entitled under a traditional employment relationship.
(Act 2006-229, p. 397, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 14 - Alabama Professional Employer Organization Registration Act. › Section 25-14-6 - Prohibited Practices.

Section 25-14-6
Prohibited practices.
The following acts and omissions are deemed to constitute deceptive practices and are prohibited for a professional employer organization and its controlling person:
(1) Making, issuing, circulating, or causing to be made an estimate, illustration, circular, statement, advertisement, sales presentation, omission, or comparison which intentionally misleads, deceives, or misrepresents the benefits, advantages, disadvantages, conditions, or terms of any professional employer organization arrangement.
(2) Filing with the secretary or other public official, or making, publishing, disseminating, circulating, or delivering to a person any false statement of financial condition of a person or business with the intent to deceive.
(3) Knowingly making a false entry of a material fact in any book, report, or statement of any person or business or knowingly omitting to make a true entry of any material fact pertaining to the business of the person in any book, report, or statement of that person.
(4) Any other practice or behavior that is deemed to be deceptive by law.
(Act 2006-229, p. 397, §6.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 14 - Alabama Professional Employer Organization Registration Act. › Section 25-14-7 - Grounds for Disciplinary Action.

Section 25-14-7
Grounds for disciplinary action.
The following acts constitute grounds for which disciplinary action against a registrant or controlling person may be taken by the secretary:
(1) Being convicted of or entering a guilty plea or a plea of nolo contendere to, any of the following:
a. A crime in any jurisdiction which relates to the operation of a professional employer organization or the ability to engage in business as a professional employer organization.
b. Fraud, deceit, or misconduct in the classification of employees and reporting of employee wages under the workers' compensation laws of this state.
c. Fraud, deceit, or misconduct in the establishment of or maintenance of workers' compensation coverage, regardless of whether self-insured or otherwise.
d. Fraud, deceit, or misconduct in the operation of a professional employer organization.
(2) Failing to maintain evidence of the workers' compensation insurance coverage required in accordance with this chapter.
(3) Violating this chapter or any lawful order or rule issued under this chapter.
(4) Failing to notify the secretary in writing of any change of the primary business address or the addresses of any of the registrant's offices in the state.
(5) Being found guilty by a court of competent jurisdiction of a course of conduct or practices which show that the registrant is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom the registrant may sustain a confidential relation, may not safely be entrusted to the registrant.
(6) Failing to inform the secretary in writing within 30 days after being convicted, pleading guilty, or entering a plea of nolo contendere to a felony, regardless of adjudication.
(7) Found liable for civil fraud by any court of competent jurisdiction in any state.
(8) Failure to inform the secretary in writing within 30 days of an adverse material action by a state or federal regulatory agency.
(Act 2006-229, p. 397, §7.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 14 - Alabama Professional Employer Organization Registration Act. › Section 25-14-8 - Violations; Penalties.

Section 25-14-8
Violations; penalties.
(a)(1) Upon a finding that a registrant has violated a provision of Section 25-14-6 or 25-14-7, the secretary may:
a. Impose an administrative fine not to exceed one thousand dollars ($1,000) for every count or separate offense.
b. Impose upon the registrant the cost of investigation and prosecution, including reasonable attorney fees.
c. Refuse to register or renew the registration of an offending professional employer organization.
(2) The secretary may make, or cause to be made, investigations, audits, or reviews within or without the state as the secretary deems necessary to determine whether a person has violated or is in danger of violating this chapter, including any regulation or rule to aid in the enforcement of this chapter, including any regulation or rule promulgated pursuant to this chapter.
(3) All civil penalties collected under this chapter shall be deposited in the Professional Employer Organization Registration Administrative Trust Fund.
(b) A person who engages in the business of or acts as a professional employer organization without first registering with the department, or otherwise violates this chapter or any rules and regulations promulgated by the secretary in accordance with this chapter, shall be liable for a civil penalty for each offense of one hundred dollars ($100) for each count or separate offense. Each day of continued violation shall constitute a separate offense.
(c) In addition to the penalties provided for in this chapter, the secretary may take whatever regulatory or legal action necessary to enjoin or restrain any person engaging in the business of or acting as a professional employer organization without having first registered with the department.
(d) The controlling person of a professional employer organization who collects payments from a client representing wages, taxes, benefit payments, or insurance payments and fails to remit the funds to the appropriate governmental or private entity shall be guilty of a Class C felony.
(e) The controlling person of a client of a professional employer organization who fraudulently or falsely procures payroll checks without having adequate funds to compensate and reimburse the professional employer organization shall be guilty of a Class C felony.
(Act 2006-229, p. 397, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 14 - Alabama Professional Employer Organization Registration Act. › Section 25-14-10 - Professional Employer Organization Registration Administrative Trust Fund.

Section 25-14-10
Professional Employer Organization Registration Administrative Trust Fund.
(a) There is established in the State Treasury a fund entitled the Professional Employer Organization Registration Administrative Trust Fund. Fees and assessments provided by this chapter collected by the department shall be deposited in the fund. The fund shall constitute a separate fund to be disbursed by the state Comptroller on order of the secretary. All expenses incurred by the department under this chapter, including the salaries of all employees, travel costs, and any other cost of administration and enforcement as may become necessary, either within or without the state, shall be paid from the separate fund in the State Treasury upon warrants of the state Comptroller drawn upon the State Treasury from time to time when vouchers therefor are approved by the secretary. The State Treasurer shall pay monies from the separate fund upon the order of the secretary. The total expense for every purpose incurred may not exceed the total fees and assessments collected and paid into the fund. All monies remaining unexpended in the separate fund at the end of the fiscal year shall remain in the State Treasury to be expended as provided by this chapter.
(b) The State Treasurer shall determine if the money in the trust fund shall be kept in cash or invested. The monies in the fund may be invested by the State Treasurer and all monies and interest remaining unexpended in the separate fund provided at the end of the fiscal year shall remain in the State Treasury to be expended as provided by this chapter.
(c) The secretary is designated as trustee of the fund and the State Treasurer is designated as custodian of the fund, and both shall furnish bonds in amounts deemed appropriate. The cost of bonds for the trustee, custodian, and other employees or officials required to post bond in connection with the program shall be paid out of the fund.
(d) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this chapter. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4, commencing with Section 41-4-80 of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.
(Act 2006-229, p. 397, §10.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 14 - Alabama Professional Employer Organization Registration Act. › Section 25-14-11 - Promulgation of Rules.

Section 25-14-11
Promulgation of rules.
(a) The department shall adopt rules necessary for the administration of this chapter in compliance with the Administrative Procedure Act.
(b) All registrants are governed and controlled by this chapter and the rules adopted by the department.
(c) The secretary shall adopt all rules in accordance with the intent and spirit of this chapter.
(Act 2006-229, p. 397, §11.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1 - General Provisions. › Section 26-1-1 - Age of Majority Designated as 19 Years.

Section 26-1-1
Age of majority designated as 19 years.
(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.
(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.
(c) All laws or parts of laws which read "under the age of 21 years" hereafter shall read "under the age of 19 years." Wherever the words "under the age of 21 years" appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.
(d) Notwithstanding subsection (c), nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15.
(e) Notwithstanding subsection (a), or any other provision of law to the contrary, a person who is 18 years of age or older may consent to participate in research conducted by a college or university that is accredited by a federally recognized accrediting agency if the research has been approved by the Institutional Review Board of the institution.
(f) Notwithstanding subsection (a), an unemancipated minor who is 18 years old and of sound mind, notwithstanding his or her minority, may enter into a binding contract as may be exercised by an individual of full legal age. The minor, by reason of his or her minority, may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract.
(Acts 1975, No. 77; Act 2012-415, p. 1127, §1; Act 2015-167, §1; Act 2019-447, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1 - General Provisions. › Section 26-1-2.1 - Gifts by Power of Attorney.

Section 26-1-2.1
Gifts by power of attorney.
(a) If any power of attorney or other writing either authorizes an attorney in fact or other agent to do, execute, or perform any act that the principal might or could do, or evidences the principal's intent to give the attorney in fact or agent full power to handle the principal's affairs or deal with the principal's property, the attorney in fact or agent shall have the power and authority to make gifts of any of the principal's property to any individuals, including the attorney in fact or agent, within the limits of the annual exclusion as provided by Section 2503(b) of Title 26 of the United States Code, and taking into account the availability of Section 2513 of Title 26 of the United States Code, as the same may from time to time be amended, or to organizations described in Sections 170(c) and 2522(a) of Title 26 of the United States Code, or corresponding future provisions of federal tax law, or both, as the attorney in fact or agent shall determine: (1) to be in the principal's best interest; (2) to be in the best interest of the principal's estate; or (3) that will reduce the estate tax payable on the principal's death; and is in accordance with the principal's personal history of making or joining in the making of lifetime gifts.
(b) Subsection (a) shall not in any way impair the right or power of any principal, by express words in the power of attorney or other writing, to further authorize, expand, or limit the authority of any attorney in fact or other agent to make gifts of the principal's property.
(c) This section is declaratory of Section 26-1-2 and shall not be construed to nullify any actions taken by any attorney in fact prior to May 6, 1994.
(Acts 1994, 1st Ex. Sess., No. 94-802, p. 108, §§1-3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1 - General Provisions. › Section 26-1-3 - Blood Donations by Persons 17 or Older.

Section 26-1-3
Blood donations by persons 17 or older.
REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-51 EFFECTIVE JULY 1, 2015.
(Acts 1984, 1st Ex. Sess., No. 84-763, p. 134.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1 - General Provisions. › Section 26-1-3.1 - Blood Donations by Persons 17 or Older; Blood Donations by Persons 16 Years of Age; Blood or Plasma Donations by Persons 18 or Older.

Section 26-1-3.1
Blood donations by persons 17 or older; blood donations by persons 16 years of age; blood or plasma donations by persons 18 or older.
(a) A person who is 17 years of age or older may consent to donate blood in a voluntary and noncompensatory blood donation program without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.
(b) A person who is 16 years of age may donate blood in a voluntary and noncompensatory blood donation program if the person obtains written permission from the person's parent or guardian.
(c) A person 18 years of age or older may consent to donate blood or plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.
(Act 2007-395, p. 789, §1; Act 2015-51, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1 - General Provisions. › Section 26-1-4 - Alabama State Law Enforcement Agency to Provide Criminal Conviction Information on Applicants for Positions Involving Child Care and Treatment; Such Information to Be Confidential; Applicant to Be Denied Status if Has Felony Conviction; Children May Be Removed From Home.

Section 26-1-4
Alabama State Law Enforcement Agency to provide criminal conviction information on applicants for positions involving child care and treatment; such information to be confidential; applicant to be denied status if has felony conviction; children may be removed from home.
(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama State Law Enforcement Agency, by the Department of Human Resources, or by any other youth service agency approved by the department, such center shall provide information to the department or an approved agency concerning the felony criminal conviction record in this or another state of an applicant for a paid or voluntary position, including one established by contract, whose primary duty is the care or treatment of children, including applicants for adoption or foster parents. All information, including any criminal conviction record, procured by the department or an approved agency shall be confidential and shall not be further disclosed by such agencies or their representatives. The applicant may be denied an adoptive or foster parent status if he or she has a felony conviction, and if a foster parent is subsequently convicted of a felony the child or children may be removed from that home and relocated with another foster parent. This determination shall be made by the court handling the matter, giving primary consideration to the best interests of the child.
(b) The Alabama State Law Enforcement Agency shall provide appropriate forms and shall create a procedure for the application for such information.
(c) Any violation of the provisions of this section relative to the confidentiality of information received by the department or other approved agency shall be punishable by a fine of not more than $1,000.00.
(Acts 1985, No. 85-537, p. 651.)