reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-3 - LICENSING AND FEES › Section 480-8-3-.04 - Fee Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Fees shall be established as
							 follows:
(a)
Elevator Contractor's license:
$300.00;
(b)
Elevator Contractor's license renewal
							 (biennial):
$200.00;
(c)
Limited Elevator Contractor's License:
$300.00;
(d)
Limited Elevator Contractor's License renewal
							 (biennial)
$200.00;
(e)
Elevator Mechanics and Limited License (initial and
							 biennial renewal):
$100.00;
(f)
Elevator Inspectors License (initial) and biennial
							 renewal:
$100.00;
(g)
Installation Permits Elevators, per unit:
$400.00;
Plus, for each floor:
$ 15.00;
Dumbwaiter and material lifts, per unit
$250.00;
(h)
Escalator, per unit:
$250.00;
(i)
Private residence inclined lifts and
							 elevators:
$250.00;
(j)
Special purpose personnel elevators and wheelchair
							 lifts, per unit:
$250.00.
(2)
Two acceptance inspections and the operating permit
							 fees are included in the installation permit fee. All additional inspections
							 shall be $260.00 per visit.
(3)
Major Alteration Permits:
(a)
Each alteration - one item as outlined in Section
							 1200 and 1201 of the Standard, per unit:
$250.00;
(b)
Each additional alteration, per unit:
$250.00;
(c)
Maximum alteration fee, per unit:
$500.00.
(d)
The acceptance inspection fee is included in the
							 major alteration permit fee. The alterations inspection will not change the
							 normal inspection or the operating certificate due date. Additional inspections
							 shall be
$250.00.
(4)
Operating Certificates:
(a)
One-year certificate:
$ 75.00;
(b)
Temporary certificate:
$260.00;
(5)
Inspections by a licensed inspector per unit:
*First two (2) landings are included in the $90.00
							 fee. There is a $5.00 fee for each additional landing. Per ASME A17.1, a
							 landing is defined as "that portion of a floor, balcony, or platform used to
							 receive and discharge passengers or freight."
$ 90.00*;
(6)
Internal escalator inspection by a licensed inspector
							 per unit:
$250.00;
(7)
Lock Out Fee:
(a)
unlock
$100.00
(b)
Tamper: Unauthorized tampering relock fee:
$500.00
Authors:
Ralph Pate, Chief Inspector; Marvin J.
				  Byrum, Chief Inspector; James Dye, Acting Chief Inspector Edward F. Wiggins,
				  Chief Inspector.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-6, -12
				  (2005).
The
				amended version of this section by
				Alabama
				Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024,
				filed May 13, 2024 is not yet
				available.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-3 - LICENSING AND FEES › Section 480-8-3-.05 - Renewal of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 license issued by the Board shall be valid for two years. The Board may renew a
			 license, provided the applicant submits a timely written application for
			 renewal accompanied by the required fee prior to expiration of the license.
(2) Applicants for license renewal
			 shall provide evidence, satisfactory to the Board, of completion of eight hours
			 of instruction approved by the Board, designed to ensure the continued
			 qualifications of the applicant.
(3) If a license is allowed to lapse it may
			 be renewed within ninety (90) days of its expiration date by the payment of a
			 penalty of $50.00 in addition to the renewal fee; however, no unsupervised work
			 shall be performed until such time as the license is renewed.
(4) If a license is not renewed within ninety
			 (90) days of its expiration date then the license will permanently expire and
			 the inactive licensee shall make application for a new license following the
			 appropriate licensing procedure and paying a penalty of $50.00 in addition to
			 the new application fee.
(5) Upon
			 permanent expiration of a license, the Inspection Division shall provide notice
			 to the licensee that the license is expired.
(6) Any person found performing work without
			 a current license shall be subject to the additional administrative
			 fines/penalties as set out in ADOL Administrative Code Rule 480-8-4 -.08(1)(g).
Author:
Andrew Hamilton Smith
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-6, -7, -12 (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-3 - LICENSING AND FEES › Section 480-8-3-.06 - Emergency And Temporary Mechanics Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Whenever an emergency exists in the state
			 due to disaster, act of God, or work stoppage, as declared by the President of
			 the United States or Governor of Alabama, and the number of persons in the
			 state holding licenses granted by the administrator is insufficient to cope
			 with the emergency, the licensed elevator contractors shall respond as
			 necessary to assure the safety of the public. Any person certified by a
			 licensed elevator contractor to have an acceptable combination of documented
			 experience and education to perform elevator work without direct and immediate
			 supervision shall seek an emergency elevator mechanic license from the
			 administrator within five business days after commencing work requiring a
			 license. The administrator shall issue emergency elevator mechanic licenses.
			 The licensed elevator contractor shall furnish proof of competency as the
			 administrator may require. Each such license shall recite that it is valid for
			 a period of 30 days from the date of issuance for particular elevators or
			 geographical areas as the administrator may designate and shall entitle the
			 licensee to the rights and privileges of an elevator mechanic license issued in
			 this chapter. The administrator shall renew an emergency elevator mechanic
			 license during the existence of an emergency. No fee shall be charged for any
			 emergency elevator mechanic license or renewal thereof.
(2) A licensed elevator contractor shall
			 notify the administrator when there are no licensed personnel available to
			 perform elevator work. The licensed elevator contractor may request that the
			 administrator issue temporary elevator mechanic licenses to person certified by
			 the licensed elevator contractor to have an acceptable combination of
			 documented experience and education to perform elevator work without direct and
			 immediate supervision. Any person certified by the licensed elevator contractor
			 to have an acceptable combination of documented experience and education to
			 perform elevator work without direct and immediate supervision shall
			 immediately seek a temporary elevator mechanic license from the administrator
			 and shall pay a fee of $50 per month. Each such license shall recite that it is
			 valid for 30 days from the date of issuance and while the person is employed by
			 the elevator contractor who certified the individual as qualified. The license
			 shall be renewable as long as the shortage of license holders shall
			 continue.
(3) For purposes of this
			 Rule, the phrase "acceptable combination of documented experience and education
			 "shall mean at least two years of experience in performing elevator work and
			 the completion of a least 288 hours of Board-approved education relating to the
			 same.
Author:
Andrew Hamilton Smith
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-12
				  (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-3 - LICENSING AND FEES › Section 480-8-3-.07 - Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 renewal of all licenses granted under the provisions of this section shall be
			 conditioned upon the submission of a certificate of completion of course(s)
			 designed to ensure the continuing education of the holder of a License on new
			 and existing provisions of the regulations of the Division. Such course(s)
			 shall consist of not less than eight hours of instruction that shall be
			 attended and completed within the year immediately preceding the
			 renewal.
(2) The course(s) shall be
			 taught by instructors through continuing education providers that may include,
			 but shall not be limited to, association seminars, and labor training programs.
			 The Board shall approve the continuing education providers. All instructors
			 shall be approved by the Board and are exempt from the requirements of the
			 preceding paragraph with regard to their application for License renewal
			 provided that such applicant was qualified as an instructor at any time during
			 the year immediately preceding the renewal.
(3) A holder of a License who is unable to
			 complete the continuing education course required under this section prior to
			 the expiration of their License due to a temporary disability may apply for a
			 waiver from the Division. This will be on a form provided by the Division,
			 shall be signed under the pains and penalties of perjury and shall be
			 accompanied by a certified statement from a competent physician attesting to
			 such temporary disability. At that time a waiver sticker, valid for 90 days,
			 shall be Issued to such person and affixed to their License. Upon the
			 termination of such temporary disability, such person shall submit to the
			 Division a certified statement from the same physician, if practicable,
			 attesting to the termination of such temporary disability.
(4) Approved training providers shall keep
			 uniform records, for a period of ten years, of attendance of person holding an
			 License following a format approved by the Division and such records shall be
			 available for Inspection by said Division at its request. Approved training
			 providers shall be responsible for the security of all attendance records and
			 certificates of completion; provided, however, that falsifying or knowingly
			 allowing another to falsify such attendance records or certificates of
			 completion shall constitute grounds for suspension or revocation of the
			 approval required under this section.
Author:
Andrew Hamilton Smith
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-12
				  (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-3 - LICENSING AND FEES › Section 480-8-3-.08 - Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An application
			 for a permit shall be filed with the department in accordance with
Code of Ala. 1975
, §
								25-13-16(d) for
			 all elevator work covered under these rules.
(2) Each application for a permit shall be
			 accompanied by copies of specifications and accurately-scaled and
			 fully-dimensioned plans that clearly indicate location of the elevator in the
			 building; the location of the machinery room and the equipment to be installed,
			 relocated or altered; all structural supporting members, including foundations;
			 and a specification of all materials to be used and all loads to be supported
			 or conveyed. The plans and specifications shall be sufficiently complete to
			 illustrate all details of construction and design.
(3) The applicable fees shall accompany each
			 permit application.
(4) A permit
			 may be revoked for any of the following reasons:
(a) 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.
(b) Where the permit was issued in error and
			 should not have been issued in accordance with this chapter.
(c) 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.
(d) Where the elevator
			 contractor to whom the permit was issued fails or refuses to comply with a STOP
			 WORK order.
(e) 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.
(f) 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.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-4 - DISCIPLINARY PROCEDURES › Section 480-8-4-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
A person may file a complaint with the Board by doing so in
				writing, setting forth a full statement of the facts concerning the alleged
				infraction of the elevator licensing law or rules. The Secretary or his/her
				designee shall publish a complaint form on the Alabama Department of Labor
				website (
www.labor.alabama.gov
) for
				this purpose. In the event a complaint is filed with the Board, the Board's
				investigation shall not be limited to the matter setforth in the request for
				investigation but may extend to any act coming to the attention of the Board
				which appears to violate the law or these rules.
Author:
Andrew Hamilton Smith; Elevator Safety
				  Review Board
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-13, -20 (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-4 - DISCIPLINARY PROCEDURES › Section 480-8-4-.02 - Disciplinary Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 accordance with
Code of Ala. 1975
, §
								25-13-13, the Elevator Safety
			 Review Board may revoke or suspend a license. This shall not preclude the Board
			 from taking lesser steps, including, but not limited to formal reprimand,
			 required education, etc. The Board may act if any one or more of the following
			 reasons exist:
(a) Any false statement as to
			 material matter in the application.
(b) Fraud, misrepresentation, or bribery in
			 securing a license.
(c) 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.
(d) Violation of any provisions of this
			 chapter.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-4 - DISCIPLINARY PROCEDURES › Section 480-8-4-.03 - Initiating A Complaint Against A Licensee

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Form of complaint filing. A person may
			 register a complaint against a mechanic or inspector licensed by the elevator
			 Board by filing a written complaint with the Department of Labor. The written
			 complaint must set forth, at a minimum, the nature, date and place of the
			 alleged violations. The Board may also initiate a license review procedure on
			 its own motion by filing a complaint with the department. The Secretary or
			 his/her designee shall publish a complaint form on the Alabama Department of
			 Labor website (
www.labor.alabama.gov
) for this
			 purpose.
(2) Verification. Upon
			 receipt of a complaint, the department will verify the license number of the
			 person against whom the complaint is lodged. If the person is unlicensed and
			 the complaint alleges criminal conduct, the department will refer the complaint
			 to the office of the Attorney General or the Office of the District Attorney
			 having jurisdiction over the case. If the person is a licensee of the Board,
			 the department will docket the complaint and open an investigation file under
			 the name and license number of the person.
(3) Investigating Panel. An investigating
			 panel consisting of an investigator designated by the department and an
			 Assistant Attorney General will be formed upon the docketing of a complaint.
			 The Assistant Attorney General assigned to the case will head the panel and
			 supervise the investigation of the complaint.
Author:
Andrew Hamilton Smith; Elevator Safety
				  Review Board
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-13, -20
				  (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-4 - DISCIPLINARY PROCEDURES › Section 480-8-4-.04 - Initiating The Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Notice to the Licensee. The department
			 will send written notice of the initiation of an investigation to the licensee
			 against whom the complaint has been filed. The notice shall include a copy of
			 the complaint and a copy of the statute and these rules. The notice will inform
			 the licensee that inquiries or materials regarding the investigation should be
			 addressed to the investigating panel at the address of the
			 department.
(2) Notice to the
			 Board. The department will send written notice to the Board and the
			 complaintant indicating that an investigation has been instituted regarding a
			 licensing complaint.
(3) The
			 inspector assigned to investigate the complaint shall inspect the work which is
			 the subject of the complaint and interview the complainant. The inspector may
			 also meet and interview the licensee at the direction of the Assistant Attorney
			 General or District Attorney assigned to the matter.
Author:
Andrew Hamilton Smith
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-13, -20
				  (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-4 - DISCIPLINARY PROCEDURES › Section 480-8-4-.05 - Recommended Action

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At the
			 conclusion of the investigation the Assistant Attorney General or District
			 Attorney assigned to the matter shall make a recommendation as to whether
			 formal proceedings should commence against the licensee.
(2) If formal disciplinary proceedings are
			 recommended, the Assistant Attorney General or District Attorney shall submit a
			 complaint describing the alleged violations, and the rules or statutes
			 violated, with the recommendation.
(3) If the licensee is willing to admit to
			 the charges the Assistant Attorney General or District Attorney may explore the
			 possibility of a stipulated settlement. A stipulated settlement must be
			 approved by the Board.
(4) If no
			 disciplinary action is recommended the case will be closed and the complainant
			 and the license will be notified that no further action will be taken at this
			 time. The matter may be reopened if new evidence is presented.
Author:
Andrew Hamilton Smith
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-13, -20
				  (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-4 - DISCIPLINARY PROCEDURES › Section 480-8-4-.07 - Administrative Penalties/Fines

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 assessing the penalty for code violations the administrator or administrator's
			 designee shall consider the seriousness of the hazard, the number of people
			 exposed to the hazard whether or not the violation was corrected after
			 notification of its existence, and whether the person has been disciplined for
			 the same or similar violation previously. When a monetary penalty is assessed
			 the fine shall be as follows:
(a) Operating
			 equipment without an operating certificate.
First Offense:
$ 250.00
Further Offenses:
$ 500.00
(b)
			 Operating Equipment in unsafe condition.
First Offense:
$ 500.00
Further Offenses:
$1000.00
(c)
			 Owner/User not allowing free access for the purpose of inspecting or
			 investigating the equipment.
First Offense:
$ 500.00
Further Offenses:
$1000.00
(d)
			 Placing unit back in service, which has been "Red-Tagged" and placed out of
			 service by an inspector, without first having the unit pass inspection.
Any Offense:
$1500.00
(e)
			 Turning equipment over for use without a final acceptance inspection.
First Offense:
$ 500.00
Further Offenses:
$1000.00
(f)
			 Any installer who installs equipment without a permit.
First Offense: Double Permit Fee (up to
							 $1500.00)
Further Offenses: Triple Permit Fee (up to
							 $1500.00)
(g) Any
			 other violation of adopted Code, Standards, Rules or Regulations.
First Offense:
$250.00
Further Offenses:
$500 . 00
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-5 - BOARD RULINGS › Section 480-8-5-.02 - Repair

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All preexisting
			 Escalator Emergency Stop Switches shall be in accordance with ASME A17.1 2013
			 Edition 6.1.6.3.1. Time for repair/upgrade shall be extended two (2) years from
			 the time of the first inspection in which it was noted. The violation shall be
			 noted in the inspection report, but will not be certificate blocking until the
			 two (2) year grace period has elapsed.
Author:
Marvin J. Byrum, Chief Inspector
Statutory Authority:
Code of Ala.
				  1975
, §
										25-13-6
				  (2003).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-8-5 - BOARD RULINGS › Section 480-8-5-.05 - Lock Boxes

Current through Register Vol. 42, No. 9, June 28, 2024
The
				adopted version of this section by
				Alabama
				Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024,
				filed May 13, 2024 is not yet
				available.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-9-1 - VACCINATION EXEMPTIONS › Section 480-9-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Administrative Law Judge (ALJ)
- A professional hearing officer
			 utilized by the Department to review and make determinations of requests for
			 administrative reviews filed by employees who have had a claim of exemption for
			 COVID-19 Vaccination denied by their employer.
(2)
Department
- The Alabama
			 Department of Labor, 649 Monroe Street, Montgomery, Alabama 36131,
https://vaxexemption.alabama.gov
.
(3)
Exemption
- A properly
			 completed vaccination exemption claim form filed by an employee with their
			 employer requesting to be exempt from vaccination because of certain medical
			 conditions or due to a sincerely held religious belief.
(4)
Licensed Health Care Provider -
			 means a
physician, physician assistant, advanced registered nurse
			 practitioner or nurse who is licensed, certified, or registered in accordance
			 with laws and regulations in this or another state.
(5)
Vaccination
- Any injection
			 approved or authorized for emergency use by the Federal Drug Administration
			 that is intended to prevent the spread of COVID-19 or minimize the effects of
			 COVID-19, irrespective of whether or not the injection meets the classical
			 definition of vaccine.
Author:
Joseph S. Ammons, General Counsel
Statutory Authority:
Alabama Act
				  2021-561.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-9-1 - VACCINATION EXEMPTIONS › Section 480-9-1-.02 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Alabama employers may not require any employee to receive a vaccination as a
			 condition of employment without providing the employee the opportunity to be
			 exempted from the vaccination for religious or medical reasons.
(2) Alabama employers requiring a vaccination
			 as a condition of employment shall be responsible for providing an exemption
			 claim form to all its employees, along with instructions for submitting to the
			 employer.
(3) Alabama Employers
			 needing to provide an exemption claim form to its employees can locate a blank
			 copy of the form at
https://vaxexemption.alabama.gov
.
(4) Once a completed exemption claim form is
			 returned to the employer, the employer shall evaluate the request and liberally
			 construe the employee's eligibility for exemption in favor of the
			 employee.
(5) The employer shall
			 exempt vaccination as a condition of employment for any employee who has
			 properly completed and submitted the exemption claim form.
Author:
Joseph S. Ammons, General Counsel
Statutory Authority:
Alabama Act
				  2021-561.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-9-1 - VACCINATION EXEMPTIONS › Section 480-9-1-.03 - Medical Exemptions From Vaccination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following medical conditions are
			 required to be exempted from vaccination by the employer:
(a) When a health care provider has
			 recommended to the employee that they refuse the COVID-19 vaccination based on
			 current health conditions and medications. Such a claim of exemption must
			 include a signature from a licensed health care provider.
(b) When the employee has previously suffered
			 a severe allergic reaction (e.g., anaphylaxis) related to past
			 vaccinations.
(c) When the employee
			 has previously suffered a severe allergic reaction related to receiving
			 polyethylene glycol or products containing polyethylene glycol.
(d) When the employee has previously suffered
			 a severe allergic reaction related to receiving polysorbate or products
			 containing polysorbate.
(e) When
			 the employee has received monoclonal antibodies or convalescent plasma as part
			 of a COVID-19 treatment in the past 90 days.
(f) When the employee has a bleeding disorder
			 or is taking a blood thinner.
(g)
			 When the employee is severely immunocompromised such that receiving the
			 COVID-19 vaccination creates a risk to their health.
(h) When the employee has been diagnosed with
			 COVID-19 in the past 12 months.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-9-1 - VACCINATION EXEMPTIONS › Section 480-9-1-.04 - Religious Exemption From Vaccination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An employer shall grant an exemption from
			 vaccination to any employee who files an exemption claim form affirming that
			 receiving a COVID-19 vaccination conflicts with his or her sincerely held
			 religious beliefs, practices, or observances.
Author:
Joseph S. Ammons, General Counsel
Statutory Authority:
Alabama Act
				  2021-561.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-9-1 - VACCINATION EXEMPTIONS › Section 480-9-1-.05 - Review By Administrative Law Judge

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event an employer denies a request
			 for exemption, the employer MUST provide the employee with instructions on how
			 to file a request for administrative review with the Department no later than
			 the latter of seven (7) calendar days following the denial of the request for
			 exemption or three (3) business days following the adoption of this
			 administrative rule.
(2) Requests
			 for administrative review shall be filed using the Vaccination Exemption Portal
https://vaxexemption.alabama.gov
.
			 Requests for administrative review will not be accepted using any other
			 method.
(3) In requesting an
			 administrative review, the employee shall submit a copy of the denied request
			 form by the employer and must include a valid email address for both the
			 employee and the employer/employer representative. In addition, the employee
			 may submit copies of any other documentation that he/she wishes for the ALJ to
			 consider in rendering a decision. Once submitted, the Department will accept no
			 further submissions on behalf of the employee.
(4) Upon receiving a timely request for
			 administrative review, ADOL will notify the employer and grant it three (3)
			 business days in which to submit any documentation or evidence (including any
			 affidavit from an employer representative) that it wishes for the ALJ to
			 consider in rendering a decision. Once submitted, the Department will accept no
			 further submissions on behalf of the employer.
(5) Any application for administrative
			 review, exemption claim form, documentation submitted either in favor of or in
			 opposition to the claim for exemption that is filed with the Department is
			 strictly confidential and not open to public inspection.
(6) Upon receipt by the ALJ of a request for
			 administrative review, the ALJ shall perform an administrative review of the
			 claim of exemption. In his or her review, the ALJ shall review the exemption
			 claim form and any supporting documentation to confirm the following:
(a) The employee has properly selected an
			 appropriate reason for claiming an exemption.
(b) The employee has provided an appropriate
			 signature and date indicating that they swear or affirm the request is true and
			 accurate and that they understand that false or misleading information is
			 grounds for discipline, up to and including termination from
			 employment.
(c) If the employee
			 makes a claim of exemption based on a health care provider's recommendation to
			 refuse the COVID-19 vaccination based on a current health condition and
			 medication, that the licensed Health Care Provider's name, signature, and date
			 is also provided.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-003 - PER DIEM SUBSISTENCE AND COMPENSATION INCURRED IN EXAMINATION OF DOMESTIC INSURANCE COMPANIES AND OTHERS › Section 482-1-003-.01 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is adopted pursuant to Section
				27-2-17,
Code of Ala.
				1975
.
Author:
Reyn Norman, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-2-20,
et
seq
., 27-2-50,
et
seq
., 36-7-20,
				  36-7-21.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-003 - PER DIEM SUBSISTENCE AND COMPENSATION INCURRED IN EXAMINATION OF DOMESTIC INSURANCE COMPANIES AND OTHERS › Section 482-1-003-.02 - Department Of Insurance Employees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Department of Insurance employees' daily
			 rate of per diem and mileage allowance shall be the same as provided for other
			 regularly employed personnel of the State, with the exception of Insurance
			 Examiners or other persons designated by the Commissioner of Insurance for the
			 purpose of examining insurers and other persons, companies, associations and
			 agents under the provisions of Sections
			 27-2-20,
			 27-2-21,
			 27-2-22 and other pertinent
			 sections of the
Code of Ala. 1975
, and those Examiners
			 or other persons in the Receivership Division under the provisions of Sections
			 27-2-50 through
			 27-2-55.
(2) Compensation for such Examiners or
			 persons designated by the Commissioner for conducting said examinations shall
			 be their regular rate of pay, plus per diem in lieu of reimbursement for actual
			 expenses. The per diem rates for intrastate and interstate travel shall be the
			 latest version of the standard CONUS rates published in table form from time to
			 time by the National Association of Insurance Commissioners (NAIC) as part of
			 the NAIC's
Classifications, Minimum Qualifications and Suggested
			 Compensation for Zone Examiners.
The proper rate shall apply and be
			 paid for each day an Examiner is engaged in his or her duties (including travel
			 to and away from the place where such duties are performed) consistent with the
			 manner in which per diem payments are calculated and made to non-Examiner State
			 employees under Section
			 36-7-20,
Code of Ala.
			 1975
.
(3) The mileage
			 allowance when traveling in privately-owned vehicles shall be the same as that
			 allowed employees under the classified service of the State of Alabama as
			 provided by Section
			 36-7-22,
Code of Ala.
			 1975
.
(4) Expenses
			 incurred in commercial travel shall be reimbursed at actual cost.
(5)
(a) The
			 per diem rates set forth above in Paragraph (2) apply only to those Examiners
			 and other persons who bill and receive payment for the examination fees from
			 companies and persons being examined.
(b) In all other instances the per diem rates
			 will be the same as for classified employees of the State of Alabama; said per
			 diem being the rate set in Sections
			 36-7-20 or
			 36-7-21,
Code of Ala.
			 1975
.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-003 - PER DIEM SUBSISTENCE AND COMPENSATION INCURRED IN EXAMINATION OF DOMESTIC INSURANCE COMPANIES AND OTHERS › Section 482-1-003-.03 - Specially Designated Examiners And Actuaries

Current through Register Vol. 42, No. 9, June 28, 2024
Specially designated examiners' and actuaries' daily rate of
				subsistence shall be set by the Commissioner of Insurance in consonance with,
				and not to exceed, the prevailing rates recommended by the National Association
				of Insurance Commissioners and shall include travel expenses incurred in
				traveling to, and returning from, the place of examination of the
				company.
Author:
Reyn Norman, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-2-20,
et
seq
., 27-2-50,
et
seq
., 36-7-20,
				  36-7-21.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-003 - PER DIEM SUBSISTENCE AND COMPENSATION INCURRED IN EXAMINATION OF DOMESTIC INSURANCE COMPANIES AND OTHERS › Section 482-1-003-.04 - Billing And Payment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Billing
			 by the Department for expenses, subsistence and compensation may be weekly,
			 bi-weekly, or may be deferred until completion of the examination. All funds
			 collected pursuant to appropriate statute and application of this chapter shall
			 be promptly deposited to the credit of the Special Examination Revolving Fund
			 in the State Treasury.
(2) Payment
			 to the specially designated examiners and actuaries for their expenses,
			 subsistence and compensation shall be made by the Commissioner of Insurance on
			 State warrants drawn upon said Special Examination Revolving Fund.
Author:
Reyn Norman, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-2-20,
et
seq
., 27-2-50,
et
seq
., 36-7-20,
				  36-7-21.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-003 - PER DIEM SUBSISTENCE AND COMPENSATION INCURRED IN EXAMINATION OF DOMESTIC INSURANCE COMPANIES AND OTHERS › Section 482-1-003-.05 - Separability

Current through Register Vol. 42, No. 9, June 28, 2024
If any provision of this chapter or the application thereof to
				any person or circumstances is for any reason held to be invalid, the remainder
				of the chapter and the application of its provisions to other persons or
				circumstances shall not be affected thereby.
Author:
Reyn Norman, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-2-20,
et
seq
., 27-2-50,
et
seq
., 36-7-20,
				  36-7-21.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-003 - PER DIEM SUBSISTENCE AND COMPENSATION INCURRED IN EXAMINATION OF DOMESTIC INSURANCE COMPANIES AND OTHERS › Section 482-1-003-.06 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter shall be effective upon its approval by the
				Commissioner of Insurance, and upon its having been on file as a public
				document in the office of the Secretary of State for ten days.
Author:
Reyn Norman, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-2-20,
et
seq
., 27-2-50,
et
seq
., 36-7-20,
				  36-7-21.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-005 - (REPEALED) › Section 482-1-005 - Repealed

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Reyn Norman, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-009 - INDUSTRIAL FIRE INSURANCE POLICIES › Section 482-1-009-.01 - Industrial Fire Insurance Defined

Current through Register Vol. 42, No. 9, June 28, 2024
Industrial fire insurance policies issued by insurers writing
				fire and allied lines of insurance through agents operating on the debit agency
				system, under which system a weekly or monthly collection percentage is paid
				based either on actual weekly or monthly premium collections or weekly or
				monthly increases of premium collections.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-22-2.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-009 - INDUSTRIAL FIRE INSURANCE POLICIES › Section 482-1-009-.02 - Indemnity Limits

Current through Register Vol. 42, No. 9, June 28, 2024
The face amount of the insurance provided by an industrial fire
				policy covering buildings and other structures or contents under the same
				ownership shall not exceed $7,500 for a weekly policy. For a monthly industrial
				fire policy, the maximum face amount covering a building or dwelling is $40,000
				and for contents $20,000. This provision shall not prohibit a company from
				making application to write amounts of insurance in excess of $7,500 on a
				weekly mode equal to those on a monthly mode if such rating plan is approved by
				this Department. No insurer shall issue both a weekly and a monthly industrial
				fire policy covering the same subject of insurance.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-22-2.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-009 - INDUSTRIAL FIRE INSURANCE POLICIES › Section 482-1-009-.03 - Method Of Payment

Current through Register Vol. 42, No. 9, June 28, 2024
No such policy shall be issued except upon a weekly or monthly
				premium payment basis. No discount for premiums paid in advance shall exceed
				five percent (5%) for premiums paid for six (6) months in advance, or ten
				percent (10%) for premiums paid for twelve (12) months in advance. In no event
				shall premiums be collected for more than twelve months in advance.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-22-2.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-009 - INDUSTRIAL FIRE INSURANCE POLICIES › Section 482-1-009-.04 - Policy And Forms

Current through Register Vol. 42, No. 9, June 28, 2024
An insurer issuing an industrial fire policy may not use the
				caption "The Standard Fire Policy." When policy designation is made, the words
				"Industrial," "Monthly," "Weekly Premium," or "Home Service" must be
				incorporated as a part of such caption. All policies and endorsements are
				subject to specific approval by this Department. All industrial fire policies
				must be marketed by a licensed producer authorized for the "Industrial (Debit)
				Fire" line of authority, or the "Property" and "Casualty" lines of
				authority.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-14-8.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-009 - INDUSTRIAL FIRE INSURANCE POLICIES › Section 482-1-009-.05 - Rate Filings

Current through Register Vol. 42, No. 9, June 28, 2024
Rates for industrial fire and allied lines shall be filed
				directly with the Insurance Department and shall be approved and supervised as
				to both initial filings and subsequent changes as required by our fire rating
				law.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-13-29.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-009 - INDUSTRIAL FIRE INSURANCE POLICIES › Section 482-1-009-.06 - Annual Statistical Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Every industrial fire insurer shall file annually on or before July 1 with this
			 Department a statistical report showing a classification schedule of its
			 premiums and losses covering the preceding year's industrial fire business in
			 Alabama
(2) Written premiums and
			 paid losses, by protection classification and by policy items shown separately
			 for dwellings and for contents as follows
Sub-Code Written Premiums Paid Losses Amount of Policy
				Item
1 Up to $2,500
2 $2,501 to $5,000
3 $5,001 to $10,000
4 $10,001 to $15,000
5 $15,001 to $20,000
6 $20,001 to $40,000
(3) Separate statistics are to be reported
			 for (a) fire and lightning, (b) extended coverage, and (c) all additional
			 coverages the company may be authorized to write under an approved industrial
			 fire rating system. Each insurer is urged to maintain adequate statistics in
			 additional form to be used in the future to support a continuation of its
			 rating plan or such modification as experience might indicate to be
			 necessary.
(4) An insurer may apply
			 to the Department for exceptions to the statistical plan provided it can show
			 that its method of operation is not compatible to the policy item amounts and
			 such exceptions will not reduce the credibility of such company's statistical
			 data.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-13-28.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-009 - INDUSTRIAL FIRE INSURANCE POLICIES › Section 482-1-009-.07 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter shall become effective upon its approval by the
				Commissioner of Insurance, and upon its having been on file as a public
				document in the office of the Secretary of State for ten days.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-011 - NATIONWIDE MARINE DEFINITION ADOPTED › Section 482-1-011-.01 - Nationwide Marine Definition Adopted

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Insurance Department of the State of
			 Alabama hereby adopts the nationwide marine definition which has been accepted,
			 approved, recommended, and adopted from time to time by the National
			 Association of Insurance Commissioners. Each change in the definition adopted,
			 approved, accepted or recommended by the National Association of Insurance
			 Commissioners is also adopted by the Alabama Department of Insurance.
(2) The interpretation of a particular risk
			 as an inland marine risk hall be done in accordance with those provisions and
			 resolutions adopted by the National Association of Insurance
			 Commissioners.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-013 - DISABILITY INSURANCE ADVERTISEMENTS AND OTHER SIMILAR COVERAGES › Section 482-1-013-.01 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is adopted pursuant to Section
				27-2-17 and Chapter 12 of Title
				27, beginning with Section
				27-12-1,
Code of Ala.
				1975
.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-12-1,
et
seq
.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-013 - DISABILITY INSURANCE ADVERTISEMENTS AND OTHER SIMILAR COVERAGES › Section 482-1-013-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Chapter 12 of the Alabama Insurance Code prohibits the
				transmitting or use of information in the form of advertisements or otherwise
				in such a manner or of such substance that the insurance-buying public may be
				deceived or misled. It is the purpose of this chapter to implement the general
				standards established by such chapter of the Alabama Insurance Code so as to
				establish specific standards for advertisements relating to disability
				insurance. This chapter is applicable to all persons described in Section
				27-1-2(3)
				transacting disability insurance in this State and shall relate to individual
				group, blanket and franchise disability insurance. The following specific
				standards for advertisements of disability insurance are hereby adopted.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-12-1,
et
seq
.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-013 - DISABILITY INSURANCE ADVERTISEMENTS AND OTHER SIMILAR COVERAGES › Section 482-1-013-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions shall apply for the purposes of this
				chapter:
(a) ADVERTISEMENT. Shall
			 include all of the following:
1. Printed and
			 published material and descriptive literature of an insurer used in newspapers,
			 magazines, radio and TV scripts, billboards and similar displays.
2. Descriptive literature and sales aids of
			 all kinds issued by an insurer for presentation to members of the public,
			 including but not limited to circulars, leaflets, booklets, depictions,
			 illustrations, and form letters.
3.
			 Prepared sales talks, presentations and material for use by producers, and
			 representations made by producers in accordance therewith.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-013 - DISABILITY INSURANCE ADVERTISEMENTS AND OTHER SIMILAR COVERAGES › Section 482-1-013-.04 - Advertisements In General

Current through Register Vol. 42, No. 9, June 28, 2024
Advertisements shall be truthful and not misleading in fact or
				in implication. Words or phrases the meaning of which is clear only by
				implication or by familiarity with insurance terminology shall not be
				used.
Author:
John Davis, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-12-1,
et
seq
.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-013 - DISABILITY INSURANCE ADVERTISEMENTS AND OTHER SIMILAR COVERAGES › Section 482-1-013-.05 - Advertisements Of Benefits Payable, Losses Covered Or Premiums Payable

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Deceptive
			 Words, Phrases or Illustrations.
(a) Words,
			 phrases or illustrations shall not be used in a manner which misleads or has
			 the capacity and tendency to deceive as to the extent of any policy benefit
			 payable, loss covered or premium payable. An advertisement relating to any
			 policy benefit payable, loss covered or premium payable shall be sufficiently
			 complete and clear as to avoid deception or the capacity and tendency to
			 deceive.
(b) Explanation:
1. The words and phrases "all," "full,"
			 "complete," "comprehensive," "unlimited," "up to," "as high as," "this policy
			 will pay your hospital and surgical bills" or "this policy will replace your
			 income," or similar words and phrases shall not be used so as to exaggerate any
			 benefit beyond the terms of the policy, but may be used only in such manner as
			 fairly to describe such benefit.
2.
			 A policy covering only one disease or a list of specified diseases shall not be
			 advertised so as to imply coverage beyond the terms of the policy. Synonymous
			 terms shall not be used to refer to any disease so as to imply broader coverage
			 than is the fact.
3. The benefits
			 of a policy which pays varying amounts for the same loss occurring under
			 different conditions or which pays benefits only when a loss occurs under
			 certain conditions shall not be advertised without disclosing the limited
			 conditions under which the benefits referred to are provided by the
			 policy.
4. Phrases such as "this
			 policy pays $1,800 for hospital room and board expenses" are incomplete without
			 indicating the maximum daily benefit and the maximum time limit for hospital
			 room and board expenses.