reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-11-3 - YOUTH INJURY MITIGATION TRAINING › Section 420-11-3-.03 - Development Of Programs And Recordkeeping

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Each youth athletics association and
			 recreational organization shall develop a Coach Safety training program that
			 encapsulates the minimum training requirements identified above and develop a
			 tracking tool to ensure every coach and athletics personnel completes the
			 course within 30 days of becoming actively engaged in, or serving as, a coach
			 or athletics personnel. Implementation of said program should take internet
			 connectivity, or lack thereof, into consideration.
(b) Each youth athletics association and
			 recreational organization governing body shall maintain a record of individual
			 course completion for as long as an individual serves as a coach or athletics
			 personnel. The annual requirement shall be completed no later than the
			 anniversary of the date on which the individual became actively engaged in
			 serving as a coach or athletics personnel.
Author:
Jamey Durham
Statutory Authority:
Code of Ala.
				  1975
, Act 2018-496.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-11-3 - YOUTH INJURY MITIGATION TRAINING › Section 420-11-3-.04 - Certain Professionals Exempt

Current through Register Vol. 42, No. 9, June 28, 2024
All licensed and certified athletic trainers, doctors, nurses,
				first responders, and health care professionals with acute traumatic life
				support training shall be exempt from the course requirement.
Author:
Jamey Durham
Statutory Authority:
Code of Ala.
				  1975
, Act 2018-496.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Aggregate
			 Data" is a set of multiple data records that are tabulated, combined, or
			 otherwise summarized for the purpose of describing characteristics of a group
			 of patient discharges. No individualized patient data is identifiable in
			 Aggregate Data.
(2) "AlaHA" means
			 the administrative offices and staff of the Alabama Hospital
			 Association.
(3) "Advisory Council"
			 refers to the Hospital Discharge Data Advisory Council established under
Code of Ala. 1975
, §
								22-21-410.
(4) "Department" is the Alabama Department of
			 Public Health.
(5) "Delinquent
			 Discharge Data Report" includes
(a) any
			 Discharge Data Report not received by the Department within sixty (60) calendar
			 days after the end of the quarter for which the Discharge Data is required to
			 be reported; and
(b) any Discharge
			 Data Report that remains uncorrected or incomplete after fifteen (15) calendar
			 days following notification by the Department of receipt of an incomplete
			 Discharge Data Report.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.02 - Required Elements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 minimum data set for each Discharge Record to be included in the Discharge Data
			 Report will include the following data elements:
(a) Patient Control Number
(b) Type of Bill
(c) Federal Tax Number
(d) Statement Covers Period
(e) Patient's Address: City, State and Zip
			 Code
(f) Patient's Date of
			 Birth
(g) Patient's Sex
(h) Admission Date
(i) Admission Type
(j) Source of Admission
(k) Patient's Status
(l) Medical/Health Record Number
(m) Revenue Codes
(n) Date(s) of Service
(o) Unit(s) of Service
(p) Charges Associated with Revenue
			 Codes
(q) Payer
			 Identification
(r) Provider
			 Number
(s) Patient's Relationship
			 to Insured
(t) Certificate
			 Number/ID Number/SSN
(u) Insurance
			 Group Number
(v) Employment Status
			 Code
(w) Insured's Employer
			 Name
(x) Insured's Employer
			 Location: Zip Code
(y) Principal
			 Diagnosis Codes
(z) Other Diagnosis
			 Codes
(aa) E Code
(bb) Principal Procedure Code and
			 Date
(cc) Other Procedure Codes and
			 Dates
(dd) Attending Physician ID
			 Number
(ee) Other Physician ID
			 Numbers
(ff) Patient's Social
			 Security Number
(gg) Patient's
			 Race/Ethnicity
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.03 - Submission Timelines

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Submission of Discharge Data Reports is required effective April 1, 2022, for
			 the three (3) months immediately preceding and shall continue every three (3)
			 months thereafter according to the schedule set forth in paragraph (2)
			 below.
(2) All required Discharge
			 Data Reports must be received by the Department every calendar quarter
			 according to the following schedule:
Quarter
Reporting Period
Submission Due Date
Q1
January 1 - March 31
May 30
Q2
April 1 - June 30
August 29
Q3
July 1 - September 30
November 29
Q4
October 1 - December 31
Mach 1
(3) All
			 Discharge Data Reports must be submitted via secured electronic
			 means.
Author:
Sherri L. Davidson, Ph.D., M.P.H.; Dana
				  H. Billingsley
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-410, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.04 - Penalty Assessment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Department will assess a civil penalty of five cents ($.05) per Discharge
			 Record per day for each day the Discharge Data required to be reported is
			 delinquent.
(2) The maximum civil
			 penalty for a Delinquent Discharge Data Report is ten dollars ($10) for each
			 Discharge Record. The Department will issue a written notice of assessment of
			 the civil penalty to any hospital that has a pending Delinquent Discharge Data
			 Report.
(3)
(a) For hospitals failing to submit any
			 Discharge Data Reports by the submission deadline, the number of inpatient
			 hospital Discharge Records for a particular hospital's Delinquent Discharge
			 Data Report per quarter will be estimated by dividing the number of total
			 inpatient discharges in the most current report on file for that hospital by
			 four (4).
(b) The number of
			 outpatient Discharge Records for a particular hospital's Delinquent Discharge
			 Data Report per quarter will likewise be estimated using data from the
			 hospital's most recent report on file with the Department.
(c) The sum of the estimates of inpatient
			 Discharge Records and outpatient Discharge Records from (a) and (b) above will
			 be used to calculate the penalty assessed for a Delinquent Discharge Data
			 Report. Any positive or negative adjustments to the final estimate, up to a
			 maximum of ten percent (10%), will be made once the actual Discharge Data
			 Reports are received by the Department.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.05 - Processing And Verification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If
			 errors, inconsistencies, or incomplete data elements are identified by the
			 Department in a submitted Discharge Data Report, the Department will provide
			 the hospital with a written and electronic notice to the hospital's designated
			 staff member of the identified errors, inconsistencies or deficiencies. The
			 submitting hospital shall investigate and supply the Department with complete
			 Discharge Data to correct the identified errors, inconsistencies or
			 deficiencies within fifteen (15) calendar days of the date of the hospital's
			 receipt of the notice.
(2)
			 Discharge Data Reports with identified errors, inconsistencies or incomplete
			 data elements must be corrected and resubmitted within the fifteen (15) day
			 period specified in paragraph (1) above, or they will be considered delinquent
			 and subject to the penalties prescribed in
Code of Ala.
			 1975
, §
								22-21-417 and this
			 Chapter.
(3) After the quarterly
			 data have been computerized, edited, updated, and determined by the Department
			 to be the final data set for that quarter, each submitting hospital may elect
			 to review its own quarterly data set during the fifteen (15) days following the
			 Department's determination that the data set is final. Absent the receipt of
			 additional corrections and/or revisions from the hospitals at the end of the
			 fifteen (15)-day period, the quarterly data is considered verified. If
			 additional corrections and/or revisions are received from the hospitals, the
			 quarterly data is considered verified once those corrections and/or revisions
			 have been made by the Department.
(4) The same procedure set forth in paragraph
			 (3) above shall be used for verification of the final data set at the close of
			 each calendar year. Upon verification of the final data set at the close of
			 each year, AlaHA or its contractual agent shall submit to the State Health
			 Planning and Development Agency ("SHPDA") such annual patient origin data as is
			 required to be submitted to SHPDA under existing law.
Author:
Sherri L. Davidson, Ph.D., M.P.H.; Dana
				  H. Billingsley
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-410, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.06 - Hospital Discharge Data Advisory Council

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General
(a) The Advisory Council shall assist in
			 developing rules and standards necessary to implement the requirements of
Code of Ala. 1975
, §
									22-21-410, et seq., to review and
			 serve as consultants to the Department on all matters related to any reports,
			 studies, or publications authorized thereunder, and to serve as consultants to
			 the Department on matters relating to the protection, collection, and
			 dissemination of Discharge Data.
1. The
			 Department, upon consultation and approval of the Council, shall establish and
			 maintain processes and systems necessary for the protection, collection, and
			 dissemination of the Discharge Data.
2. The Department, after consultation and
			 with the approval of the Council, shall adopt all rules necessary to implement
			 the provisions of
Code of Ala. 1975
, §
										22-21-410, et
			 seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.07 - Data Availability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 State Health Officer has the authority to delay the release of any particular
			 data element(s) to the public if it is determined that the quality or
			 completeness of the information received by the Department is not
			 acceptable.
(2) The Department may
			 release limited data sets and create reports for public release using any
			 available processed and verified aggregate Discharge Data. For purposes of this
			 rule, processed and verified aggregate Discharge Data is intended to mean
			 de-identified, zip-code aggregated level data. The Department may also conduct
			 studies and publish information based upon the Discharge Data received,
			 provided the studies and published information do not include information in a
			 form which could be used to identify any patient or violate HIPAA. All properly
			 processed and verified Discharge Data and information released by the
			 Department must satisfy the requirements for public disclosure under
Code of Ala. 1975
, §
								22-21-410, et seq., this Chapter,
			 and applicable federal law.
(3) A
			 contractual agent of the Department or of AlaHA may receive any record
			 necessary, together with any needed patient identifiers, to carry out its
			 contractual duties. This includes any organization contracted with the
			 Department or AlaHA to provide editing, quality control, database management
			 services, or research for the Department or AlaHA. Any such contractual agent
			 must agree in writing to establish and maintain appropriate controls to protect
			 the confidentiality of the data or records received and must agree to return or
			 destroy any such data or records at the termination of the contract.
(4) Discharge Data with de-identified,
			 zip-code aggregated level data files will be made available for public release
			 by the Department upon receipt of an application for such data and a signed
			 data use agreement binding the requester to the terms of use and
			 confidentiality provisions of
Code of Ala. 1975
,
			 §
								22-21-410, et seq. and this
			 Chapter. The Department shall develop the application form and data use
			 agreement with the assistance of the Council.
(5) The Department maintains a proprietary
			 interest in all files it provides to the public, and such files are made
			 available solely for use by the requester and may not be given or sold to
			 another entity. No aggregated data files will be made available for public
			 release until twelve (12) months following the close of the applicable calendar
			 year.
(6) Any requests respecting
			 the release of Discharge Data and zip-code aggregated level data files shall be
			 addressed by the Council.
Author:
Sherri L. Davidson, Ph.D., M.P.H.; Dana
				  H. Billingsley
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-410, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-12-1 - HOSPITAL DISCHARGE DATA SYSTEM › Section 420-12-1-.08 - Confidential Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 information reported to the Department pursuant to
Code of Ala.
			 1975
, §
								22-21-410, et seq., and this
			 Chapter is not available for release until it has been processed and verified
			 by the Department.
(2) Discharge
			 Data that has been processed and verified may be released by the Department
			 pursuant to the provisions of
			 45
			 C.F.R. §§
									164.514(b) or
			 (e), as applicable, provided, also, that such
			 data satisfies the requirements for public disclosure under
Code of
			 Ala. 1975
, §
								22-21-410, et seq., this Chapter,
			 and any other applicable federal law.
(3) In no event may patient identifiers be
			 released to the public at any time. The Department shall not publicly release
			 Discharge Data or other information in any form which could reasonably be
			 expected to reveal the identity of any patient. Reports and studies prepared
			 and released by the Department based upon Discharge Data shall not include any
			 specific information or combination of information which could be used to
			 identify any patient.
(a) To maintain patient
			 confidentiality, data files and/or reports released to the public must, at a
			 minimum, meet the following criteria:
1.
			 Patient name, address, and city must be deleted.
2. The month and day of all dates must be
			 deleted.
3. All zip code areas
			 having a population under 20,000 must have no more than the first three digits
			 shown. Zip code areas having a population of 20,000 or more must have no more
			 than the first five digits shown.
4. For patients over 89 years of age, the
			 year of birth must be deleted, and the actual patient age may not be
			 shown.
5. Information that
			 reasonably could be expected to reveal the identity of a patient, including
			 those items contained in
			 45
			 C.F.R. §
											164.514(b)(2)(i), must be
			 deleted. Limited data sets must exclude the direct identifiers of the
			 individual patient or of relatives, employers, or household members of the
			 individual patient enumerated in
			 45
			 C.F.R. §
											164.514(e)(2).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-1 - DEFINITIONS › Section 440-X-1-.02 - Formal And Informal Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
7-Member Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-18,
et
seq
.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-1 - DEFINITIONS › Section 440-X-1-.03 - Notice Of Administrative Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(
Repealed)
Author:
Jane E. Parker
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-20.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Board of Heating, Air Conditioning Refrigeration
				Contractors was created to certify qualified contractors on a state-wide basis
				in order to protect the public by identifying those contractors who have the
				knowledge and ability to install, service, or repair heating, air conditioning
				or refrigeration systems.
Authors:
Mark Montiel, Kathy LeCroix
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-19.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.02 - Officers

Current through Register Vol. 42, No. 9, June 28, 2024
The Board annually shall elect from its members a chairman,
				vice-chairman, and a secretary. The chairman shall preside over meetings of the
				Board when present and shall appoint all committees of the Board. The
				vice-chairman shall preside over meetings of the Board in the absence of the
				chairman. The chairman shall designate another member to preside at meetings
				from which both the chairman and vice-chairman are absent. The secretary or, if
				directed by the board, the executive director shall perform the following
				tasks: keep all minutes, books, records, and files of the Board; shall issue
				all certificates in the name of the Board; shall send all notices and attend to
				all correspondence directed by the Board; shall receive and deposit fees; and
				shall perform all incidental duties of the office as directed by the Board. The
				secretary shall give bond, payable to the Governor, in the penal sum of Five
				Thousand Dollars ($5,000.00) for the faithful performance of his duties, and
				the premium thereof shall be paid from the fees of the Board. No moneys shall
				be withdrawn from the funds of the Board except by direction of the Board as
				provided in state law.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.03 - Executive Director

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may select and hire an executive director to serve at
				the pleasure of the Board. The executive director shall be responsible for the
				administration of Board policies. The executive director shall perform duties
				assigned by the Board and shall perform the duties of the secretary of the
				Board if directed by the Board. The executive director shall also fulfill the
				duties assigned to the executive director or executive secretary as described
				in the Alabama Administrative Procedure Act. The executive director shall be
				designated as the agent for the Board for service of legal process upon the
				Board. The executive director shall have custody of and shall safeguard and
				keep in good order all property and records of the Board. The executive
				director shall sign all instruments and matters that require approval of the
				Board. The executive director shall receive and deposit all funds to the credit
				of the board in the State Treasury and shall review all bills before requesting
				the State Comptroller to make payment of any accounts. The executive director
				shall keep the records of the Board which shall include, without limitation,
				all applications for certification by the Board and supporting documentation; a
				complete and permanent record of all applications that fail to result in
				certification; evidence of the important business transactions of the Board; a
				complete and permanent record of all certifications issued by the Board; and a
				record of all enforcement and disciplinary actions taken by the Board. All
				correspondence to the Board, including requests for information and the
				submission of requests, shall be made to the executive director at the Board's
				office in Montgomery, Alabama.
Author:
Mark Montiel
Formerly Rule No.
				  440-X-2-.06.
Amended:
Filed February 21, 1991; December 11, 1991; July 17,
				  1992.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21(a).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.04 - Deputy Directory And Other Staff

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may also employ a deputy
			 director who shall serve at the pleasure of the Board. The salary and
			 compensation of the deputy director shall be set by the Board and shall not
			 exceed the salary set for the executive director.
(2) The Board may also employ other full time
			 or part time administrative staff who shall work under the direction and
			 supervision of the executive director.
(3) All Board staff, including the executive
			 director and deputy director, shall be entitled to reimbursement for travel the
			 same as other employees of the State of Alabama, including actual expenses for
			 authorized out-of-state travel, and per diem and transportation costs for
			 in-state travel.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21(a).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.05 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall conduct regular meetings
			 to perform its lawful duties at least once in each three-month
			 period.
(2) The Board may meet on
			 other occasions as necessary to conduct its business and to comply with state
			 law and the Rules and Regulations of the Board. Special meetings of the Board
			 may be called by the chairman or by a majority of the members of the
			 Board.
(3) Each member of the Board
			 shall be given at least ten days notice of the time, place, and purpose of any
			 regular meeting. This notice may be waived by the individual member and is
			 waived by the member's presence at the called meeting. Each member of the Board
			 shall receive reasonable notice for all called special meetings. The executive
			 director shall provide reasonable notice to the public of all regular and
			 special meetings of the Board as appropriate under the circumstances.
(4) A majority of the Board shall constitute
			 a quorum for the transaction of all business.
(5) The Board may meet at its Board offices
			 in Montgomery, Alabama or such other location as designated to conduct the
			 business of the Board.
(6) Each
			 member of the Board shall receive One Hundred Dollars ($100.00) per day for
			 attending sessions of the Board or its committees and, in addition, shall be
			 reimbursed for such necessary travel as are paid to state employees, to be paid
			 from fees collected by the Board.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21,
				  34-31-23.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.06 - Voting

Current through Register Vol. 42, No. 9, June 28, 2024
All Board members, including the chairman, are entitled to make
				or second motions. A majority of those members of the Board present and voting
				on any matter shall decide the matter before the Board. The chairman and other
				officers of the Board shall be allowed to vote on matters the same as other
				members of the Board. Votes of the Board shall be included in the minutes of
				the Board and kept as part of the permanent records of the Board.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.07 - List Of Certified Contractors

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may publish annually a list of names and addresses of
				all individuals certified by the Board. The Board may also publish the list of
				certified contractors on the Board's designated website. The Board may provide,
				upon request to the Board, a copy of said list to persons and may require a
				reasonable fee to cover the costs of producing and mailing said
				directory.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-31.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD › Section 440-X-2-.08 - Advisory Opinions

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may, in its discretion, issue an advisory opinion to
				any certified contractor, governmental official, or entity substantially
				affected by a Rule or statute enforceable by the Board. Board advisory opinions
				may address the applicability of such Rules or statutes and other matters to
				assist the certified contractor, government official, or entity with the
				meaning and scope of the orders of the board and the Rules and Regulations of
				the Board. All requests for advisory opinions must be in writing and must
				specifically state that it is a "request for an advisory opinion". The Board's
				general counsel shall assist the Board as necessary in responding to these
				requests for advisory opinions.
Author:
Mark Montiel
Ed. Note: Previous
				  rules:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-33.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applicant - Any person or entity making a
			 formal application for an examination or certification of any type.
(2) Certification/License - The determination
			 that the qualifications for the knowledge and skill of an individual with
			 respect to heating, air conditioning, commercial refrigeration, or duct air
			 tightness system has been met. The term certification and license may be used
			 interchangeably in throughout this section.
(3) Entity - Any being that possess a
			 certification, license, or registration by this Board.
(4) Person in Responsible Charge - A
			 certification or license holder at the direction of projects involving the
			 installation or service and repair of heating, air conditioning, and
			 refrigeration systems requiring initiation, professional skills, technical
			 knowledge, and independent judgement.
Previous Rule No. 440-X-3-.01 was renumbered 02, and Replaced
				  as New Rule .01, Definitions, as per certified published November 30, 2022;
				  effective January 4, 2023.
Authors:
Jeffrey M. Becraft
Statutory Authority
:
Code of Ala.
				  1975
, §
										34-31-26.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.02 - Requirements For Licensing Of Certified Contractors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All certified contractors shall have and
			 maintain a current license issued by the Board. A license is current only
			 during the calendar year in which it is issued and shall expire on December 31
			 annually. A license shall automatically lapse at the end of the calendar year
			 in which it was issued if it is not renewed prior to 11:59 pm December
			 31st annually.
(2) Certification by the Board is required
			 for all persons employed by realty management companies who perform heating,
			 air conditioning, or commercial refrigeration installation, service or repair
			 on property owned by a party other than themselves.
(3) Certification by the Board is also
			 required for work involving air duct cleaning services, filter changing
			 services test and balance services, replacement of air filters or filter media,
			 and the cleaning of heating, air conditioning or refrigeration equipment or
			 systems.
(4) Certification by the
			 Board is required for heating and air conditioning installation, service, or
			 repair work performed preowned, previously set manufactured or modular
			 homes.
Rule No. 440-X-3-.01 entitled "Distinction Between
				  Installation and Service Repair" filed September 30, 1982. Repealed and new
				  rule entitled "Registered Contractor" adopted in lieu thereof: Filed September
				  21, 1987. Repealed and new rule entitled "Failure to Renew Before March 1"
				  adopted in lieu thereof: Filed July 12, 1988. Repealed and new rule entitled
				  "Failure to Renew" adopted in lieu thereof: Filed February 21, 1991. Previous
				  Rule .01 was renumbered .02 as per certification published November 30, 2022;
				  effective January 14, 2023.
Authors:
Jeffrey M. Becraft
Statutory Authority
:
Code of Ala.
				  1975
, §
										34-31-18.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.03 - Renewal And Licensing Filing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
All new licensure applications, application for examination,
				annual renewal application, or any other submissions to the Board required by
				these rules, shall be deemed filed when received by the executive director or
				their designee. The executive director or designee may reject any application
				for licensure, application for examination, annual renewal application, or
				other submission to the Board that appear inaccurate, are incomplete, are for
				an individual or entity of whom which any fees and past due administrative
				fines have not been paid at the time the application or renewal is
				filed.
Previous Rule .02 was renumbered .03 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Authors
: Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-18.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.05 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
The licensing requirements for certified contractors do not
				apply to the following:
(1) Retail
			 sellers of heating, air conditioning or refrigeration systems who does not
			 provide installation of said systems, or provides for the contracting for the
			 service, repair or installation of said systems;
(2) Heating and air conditioning
			 installation, service or repair work performed by an owner of a building on
			 said building owned by him or her;
(3) Heating and air conditioning
			 installation, or service and repair, performed by anyone who is regularly
			 employed as a maintenance person incidental to and in connection with the
			 business in which he is employed, provided said heating and air conditioning
			 work is done on the premises of said owner, and repair-person does not engage
			 in heating and air conditioning work for others.
(4) In instances where a certified heating
			 and air conditioning contractor bids installation work and is responsible for
			 obtaining all necessary and required permits, the certified contractor may
			 subcontract the installation of duct work to an uncertified person who is
			 performing the work under the supervision of the certified contractor as the
			 person in responsible charge. The certified contractor is responsible for all
			 such work performed and is considered by the Board as the person in responsible
			 charge for such work should the work fail to meet the minimum standards under
			 these Rules. This exemption does not apply to design and installation of duct
			 work not performed under the responsible supervision of a certified
			 contractor.
Previous Rule .04 was renumbered .05 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-25, 34-31-26.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.06 - Failure To Renew

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 certified contractor who has not renewed their certification by 11:59 pm on
			 December 31st annually is immediately considered lapsed and shall have until
			 11:59 pm on December 31st of the calendar year immediately following the lapse
			 of certification to renew his certification. An additional $250.00 late fee
			 will be imposed on all late renewals, without additional testing by the
			 Board.
(2) Any certified contractor
			 who remains unlicensed for a period of one calendar year (365 days), or more,
			 is considered expired and shall be required to sit for and pass the written
			 prelicensure examination prior to applying for re-licensure as a new applicant.
			 Expired licenses are not eligible for late fees nor prelicensure waivers for
			 any reason.
Previous Rule .05 was renumbered .06 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Author:
Jeffrey Becraft
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-28; 34-31-16.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.07 - Alternative Method Of Testing

Current through Register Vol. 42, No. 9, June 28, 2024
In the event an individual has taken the written examination
				without achieving a passing score they may, upon specific written request to
				the Board, be given an opportunity to take a practical examination equivalent
				to the written examination. This practical examination shall be held within six
				months from the date of the applicant's last unsuccessful written
				examination.
Previous Rule .06 was renumbered .07 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Author
: Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-28(b).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.08 - Procedure In The Event Of The Loss, Death, Or Incapacitation Of A Certified Contractor

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event
			 a certified contractor in responsible charge separates by termination, layoff,
			 or voluntary resignation from a partnership, corporation, business trust, or
			 other legal entity operating under his or her certification, the certified
			 contractor and entity shall notify the Board within five {5} days of the
			 separation by submitting a severance notification form prescribed by the Board.
			 The entity must immediately cease entering all contracts, both verbal and
			 written, and the installation, service and/or repair of any heating and air
			 conditioning or refrigeration system until a certified contractor applies to,
			 and is approved by, the Board as responsible in charge for the entity.
			 Operating without a certified contractor in responsible charge is a violation
			 of Section 31-31-32(a),
Code of Ala. 1975
.
(2) In the event of the death or
			 incapacitation of a certified contractor in writing within 45 days by any
			 partnership, corporation, business trust, or other legal entity operating under
			 the certification of the deceased or incapacitated person in responsible
			 charge. These business entities are eligible to apply for an emergency
			 certification on an application prescribed by the Board and must provide a
			 death certificate or official statement from a physician attesting to
			 incapacitation, and new bond or bond rider.
An emergency certification shall be active for no longer than
				90 days before expiring. The entity may continue to enter new contracts and
				engage in the installation, service or repair of heating and air conditioning
				or refrigeration systems while the certification remains active. Once expired
				the entity must immediately cease entering all contracts, both verbal and
				written, and the installation, service and/or repair of any heating and air
				conditioning or refrigeration system until a certified contractor applies to,
				and is approved by, the Board as responsible in charge for the entity. Failure
				to notify the Board of the death of a contractor is a violation of Section
				34-31-32(a),
Code of Ala. 1975
.
Author:
Jeffery M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-18; 34-31-32; 41-9A-3.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.10 - Fees And Charges

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 following fees and charges have been established by the Board effective January
			 1, 2019.
(a) Written examination fee
$150.00
(b) Practical examination fee
$350.00
(c) Initial certification fee for ACTIVE heating and
							 air conditioning license
$190.00
(d) Annual renewal fee for ACTIVE heating and air
							 conditioning license
$190.00
(e) Initial certification fee for ACTIVE
							 refrigeration license
$190.00
(f) Annual renewal fee for ACTIVE refrigeration
							 license
$190.00
(g) Initial certification fee for INACTIVE heating
							 and air conditioning license
$ 95.00
(h) Annual renewal fee for INACTIVE heating and air
							 conditioning license
$ 95.00
(i) Initial certification fee for INACTIVE
							 refrigeration license
$ 95.00
(j) Annual renewal Fee for INACTIVE refrigeration
							 license
$ 95.00
(k) Late fee for certification renewal received after
							 December 31 annually
$250.00
(l) Continuing Education Deficiency
							 fee
$100.00
(m) Dishonored check fee
$ 30.00
(n) Continuing Provider Application
							 Fee
$ 75.00
(o) Continuing Education Course Fee
$ 25.00
(p) Continuing Education Instructor
							 Fee
$ 25.00
(q) Non-Traditional Continuing Education
							 Application
$ 25.00
(r) Duct Air Tightness Testing Contractor
							 Registration Fee
$ 50.00
(s) Duct Air Tightness Testing Contractor
							 Registration Late Fee
$ 50.00
(t) Issuance of printed certification
							 cards
$ 25.00
(Inactive contractors are not eligible to purchase local
				licenses or permits until the inactive contractor returns to an active
				certified contractor status and meets all requirements for licensing as an
				active certified contractor, including payment of the proper
				fee(s))
(2) Examination fees
			 are in addition to the fees required for initial certification, renewals,
			 inactive contractor status, and the late fees for late renewals.
(3) All fees established by the Board shall
			 be submitted with the application for examination to become certified with the
			 Board, and no part of said fees shall be refunded. These fees shall be received
			 by the Board and held for the purpose of paying the expenses associated with
			 processing the application and to pay the expenses associated with
			 testing.
(4) The Board may pass
			 along to the applicant the service fee charged by any credit card company,
			 bank, or card processing organization to process any online or in house credit
			 card fee.
Authors:
Jeffrey Becraft, Kathy S. Byron
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-24,
				  34-31-25.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.11 - License Modifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All licenses
			 issued after July 26, 2019, are available for each contractor to view and print
			 through an online portal provided by the Board. The Board may issue a copy of a
			 license prior to 2019 for a certified contractor by request.
(2) The Board may modify the information on a
			 license for a certified contractor who submits a written, sworn, and notarized
			 statement to the Board that includes information establishing that the
			 certified contractor's name has been changed by marriage or court order. If the
			 certified contractor seeks issuance of a replacement licensed to accommodate a
			 name change, the originally issued certification card must be returned to the
			 Board as a condition of the issuance of the new certified contractor
			 card.
(3) A certified contractor
			 may apply to the Board to change the business name on their license by
			 submitting a new application for licensure with their current certification
			 number listed.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-27.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.12 - Dishonored Checks

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may charge a dishonored check fee as set by the Code
				of Alabama and established by these regulations for any check that has been
				dishonored by the financial institution that it was drawn on. Pursuant to
Code of Ala. 1975
, §
								8-8-15, this fee must
				accompany a new payment in guaranteed funds. The Board may suspend the
				certified contractor's license until the dishonored check plus the dishonored
				check fee has been received by the Board and cleared by the payer's financial
				institution.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										8-8-15.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.13 - Building Official Waiver

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any building
			 official or mechanical inspector who holds an inactive heating and air
			 conditioning license and/or refrigeration license, or who has sat for and
			 passed the examination for certification shall not be required to submit
			 payment of fees for an inactive certification if they meet one of the following
			 requirements:
(a) Maintaining International
			 Code Council certification as a certified:
1.
			 Residential Mechanical Inspector,
2. Commercial Mechanical Inspector,
3. Mechanical Inspector,
4. Certified Mechanical Code
			 Official,
5. Master Code
			 Professional,
6. Mechanical
			 Inspector (Uniform Mechanical Code),
7. State Mechanical Inspector
			 CMC.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.14 - Background Checks

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board
			 may require an individual to provide a background check prior to applying for
			 examination. Once the background check has been completed and reviewed, and all
			 further documents have also been reviewed by the Board, a determination of a
			 candidate's fitness to sit for examination will be made.
Previous Rule .15 was renumbered .14 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Authors:
Jeffrey Becraft, Kathy S.
				  LeCroix
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21(a); Act No. 2009-486.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.15 - Duct Air Tightness Testing Contractor Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Duct Air Tightness Testing (DATT)
			 Contractor Registration is for individuals who perform duct leakage and duct
			 tightness testing on heating and air conditioning systems in conjunction with
			 energy code compliance as required by the International Energy Conservation
			 Code or the Alabama Residential Energy Code Board. Each Duct Air Tightness
			 Testing Contractor is an independent Registration. Renewal of the DATT
			 Registration is required annually.
(2) Any individual applying for a Duct Air
			 Tightness Contractor Registration must complete their registration on a form
			 prescribed by the Board and will be issued a separate registration. Prior to
			 being issued a registration, he or she must first provide proof that they
			 successfully completed one of the following approved programs:
(a) Home Builders Association of Alabama
			 Qualified Credentialed Air Tightness Verifier or equivalent,
(b) Building Performance Institute Building
			 Analyst Training (BPI Energy Auditor),
(c) Residential Energy Services Network Home
			 Energy Rating System (RESNETHERS Rater).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.16 - Military Members And Spouses, And Federal Government Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Acceptance of Military Education,
			 Training, or Service.
(a) The Board may accept
			 education, training, or service completed by an individual as a member of the
			 Armed Forces or reserves of the United States, the National Guard of any state,
			 the military reserves of any state, or the naval militia of any state as
			 sufficient education or experience to sit for examination.