reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURES OF THE BOARD › Section 628-X-2-.06 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may issue declaratory rulings to any person
				substantially affected by a rule with respect to the validity of any rule, or
				with respect to the applicability to any person, property, or state of facts of
				any rule or statute enforceable by the Board, or with respect to the meaning
				and scope of any order of the Board. Such ruling shall be issued
				provided:
(a) The petitioner shows
			 that the petitioner is substantially affected by the rule in question, and
			 sufficient facts are supplied in the request to permit the Board to make a
			 valid determination, and
(b) the
			 request arises from an actual question or controversy. The request for a
			 declaratory ruling must be in writing. All properly submitted petitions shall
			 be ruled upon by the Board within ninety calendar days of receipt beginning on
			 the first State of Alabama business day that the petition is received in the
			 office of the Executive Director. If the petition is determined to present an
			 inappropriate request, the Executive Director shall promptly return the
			 petition to the petitioner along with a brief explanation for
			 return.
Rule .05 was renumbered to .06 per certification published
				  October 31, 2019; effective December 15,
				  2019.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURES OF THE BOARD › Section 628-X-2-.07 - Advisory Opinions

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may, in its discretion, issue an advisory opinion to
				any licensee, governmental official, or entity substantially affected by a rule
				or statute enforceable by the Board. Board advisory opinions may address but
				not necessarily be limited to the applicability of such rule or statute to the
				licensee, official, or entity or to a meaning and scope of any order of the
				Board. A request for any advisory opinion must be in writing and must
				specifically state it is a "request for an advisory opinion."
Rule .06 was renumbered to .07 per certification published
				  October 31, 2019; effective December 15,
				  2019.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURES OF THE BOARD › Section 628-X-2-.08 - Petition For Adoption, Amendment Or Repeal Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
Any person who wishes to propose that the Board adopt, amend,
				or repeal any rule may do so on the form prescribed by the Board and available
				from the Executive Director. The Board shall meet and consider any petition of
				adoption, repeal, or amendment within ninety days of its
				submission.
Rule .07 was renumbered to .08 per certification published
				  October 31, 2019; effective December 15,
				  2019.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-3 - LICENSING › Section 628-X-3-.02 - Plumbing

Current through Register Vol. 42, No. 9, June 28, 2024
Onsite Wastewater Systems which are permitted by the Alabama
				Department of Public Health shall not be considered plumbing. For the purpose
				of this section, the "building sewer", as defined by
				420-3-1-.01(19) of the Alabama Department of Public Health administrative rules shall be
				considered part of the Onsite Wastewater System. Sewage grinder pumps or sewage
				lift stations or pumps of any type that are installed or maintained as a
				component of an onsite wastewater system shall not be considered plumbing and
				shall require a licensed installer from the Alabama Onsite Wastewater Board.
				Installation of the "building sewer" and all pumps within the scope of this
				section shall be in accordance with the International Plumbing
				Code.
New Rule .02 was added and the original Rule .02 was
				  renumbered to .03 per certification published October 31, 2019; effective
				  December 15, 2019.
Author:
Melissa Hines
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1, et
				  seq.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-3 - LICENSING › Section 628-X-3-.03 - Filing Of License Applications

Current through Register Vol. 42, No. 9, June 28, 2024
License applications, annual license renewal applications, and
				all other applications or submissions required by these rules shall be mailed,
				faxed or emailed to the Executive Director. All license applications, annual
				license renewal applications and any other application or submission will be
				deemed filed when received by the Executive Director. The Executive Director
				may reject an application that is inaccurate, incomplete, or for which all fees
				due have not been paid at the time the application is filed.
Rule .02 was renumbered to .03 per certification published
				  October 31, 2019; effective December 15,
				  2019.
Author:
Melissa Hines
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-3 - LICENSING › Section 628-X-3-.06 - Continuing Education And Training Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall adopt programs for initial training to become
				licensed and continuing education for licensees as presented by the education
				coordinator or the Executive Director by January 1 of each year. The Education
				Coordinator or Executive Director may recommend to the Board the approval or
				disapproval of courses and classes that meet the requirements for initial
				training and continuing education credit hours for licensees. Courses, classes
				or shows desiring approval by the Board shall submit a complete agenda of
				coursework to include date, time and location and hours to be
				obtained.
Rule .05 was renumbered to .06 per certification published
				  October 31, 2019; effective December 15,
				  2019.
Author:
Melissa Hines
Statutory Authority:
Code of Ala.
				  1975
, §
										34-21A-1, et.
				  seq.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-3 - LICENSING › Section 628-X-3-.08 - Replacement Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
Applications for replacement licenses may be obtained from the
				Executive Director or the Alabama Onsite Wastewater Boards website.
				Applications and appropriate fees must be submitted and reviewed by the
				Executive Director and/or Board before replacement licenses are issued. Reasons
				for requesting replacement licenses will be reviewed and taken into
				consideration by the Board and/or Executive Director when determining whether
				or not to issue a replacement license.
Rule .05 was renumbered to .07 as per certification filed
				  April 24, 2009; effective May 29, 2009. Rule .07 was renumbered to .08 per
				  certification published October 31, 2019; effective December 15,
				  2019.
Author:
Melissa Hines
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-3 - LICENSING › Section 628-X-3-.09 - Inactive Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
Applications to cause the status of a license to be inactive
				may be obtained from the Executive Director. Persons holding inactive licenses
				shall not perform any work under the auspices of being a licensed dealer,
				installer or pumper. Persons in possession of an inactive license shall
				maintain educational requirements as set by the Board of Executive Director on
				a case-by-case basis. Appropriate fees must be submitted as directed by the
				Board and/or Executive Director for issuance of an inactive license and annual
				renewal of the inactive license. Forms and instructions to reactivate the
				license may be obtained from the Executive Director.
Rule .06 was renumbered to .08 as per certification filed
				  April 24, 2009; effective May 29, 2009. Rule .08 was renumbered to .09 per
				  certification published October 31, 2019; effective December 15,
				  2019.
Author:
Melissa Hines
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-3 - LICENSING › Section 628-X-3-.10 - Roster Of Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
Copies of the roster shall be made available from the Executive
				Director or obtained from the website that shall be updated on a monthly or as
				needed basis.
Rule .07 was renumbered to .09 as per certification filed
				  April 24, 2009; effective May 29, 2009. Rule .09 was renumbered to .10 per
				  certification published October 31, 2019; effective December 15,
				  2019.
Author:
Melissa Hines
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-3 - LICENSING › Section 628-X-3-.11 - Military Family Jobs Opportunity Act Applicants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to the statutory requirements
			 found in Act 2018-540, as codified at
Code of Ala.
			 1975
, §
								31-1-6,
			 any applicant for licensure as a basic installer, pumper, manufacture, portable
			 restroom operator who is considered an "eligible individual" under Code of Ala.
			 1975, §
								31-1-6(c) shall be issued a license under the following conditions:
(a) he or she must possess a valid license or
			 certificate issued by another state, district, or territory of the United
			 States, or from any branch of the United States Armed Forces, including the
			 National Guard; and
(b) the
			 licensing or certification requirements of the issuing body must be greater
			 than or substantially similar to the licensure requirements of this board, as
			 determined by the executive director's review; and
(c) the applicant must submit a completed
			 application which documents compliance with the board's licensure requirements.
Upon satisfaction of these conditions, the application will be
				submitted to the executive director for review. Approval will result in the
				issuance of the appropriate license to the eligible individual allowing him or
				her to continue working at the same licensure level for one (1) year. All
				approvals will be reported to the board at its next regularly scheduled
				meeting.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-4 - FEES › Section 628-X-4-.01 - When Required; Failure For Timely Payment; Method Of Payment; Time Of Payment

Current through Register Vol. 42, No. 9, June 28, 2024
An application for a license or a request for which a fee is
				required, must be accompanied by payment of the requisite in full, or else the
				application or request shall be denied. Fees may be paid by a personal check,
				certified check, cashier's check or money order or online via the Boards
				website. Fees are deemed paid when the funds represented by the check, money
				order or payment made via internet (online) are actually received or made
				available to the Board's Executive Director. (At the present time only annual
				renewal of license and testing fees can be paid online. If obtaining a new
				license, payment must be made by personal check, certified check, cashiers
				check or money order.)
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-4 - FEES › Section 628-X-4-.02 - Amount Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application fee for any license
$50.00
(2) Exam fee for Advanced Level I Installer
$200.00
Exam fee for Advanced Level II Installer
$200.00
Exam fee for Basic Installer, Pumper, Manufacturer,
							 Portable Restroom
$150.00
Exam fee for Manufacturer Level II
$ 50.00
(3) Annual license fee for
(a) Basic Level License
$300.00
Pumper License
$300.00
Portable Toilet License
$300.00
Manufacturer License
$300.00
(b) Manufacturer Level II License
$300.00
(c) Advanced Level I Installer License
$400.00
(d) Advanced Level II Installer License
$600.00
(4) A person
			 licensed in more than one category must purchase first the most advanced
			 license for which they have qualified. Additional license fee for other
			 categories shall be $100.00.
(5)
			 Failure to renew license from January 1 thru February 15 of each calendar year
			 - $100.00 for each license you hold and shall include the inactive
			 license.
(6) Replacement Licenses -
			 $100.00
(7) Obtaining Inactive
			 Licenses - $100.00 each license
(8)
			 Reinstatement of Inactive License - regular license fee
(9) Annual Renewal of Inactive License -
			 $100.00 each license
(10)
			 Reinstatement of Revoked License - up to $1,000.00 in addition to all Board
			 requirements.
(11) Reinstatement of
			 Suspended License - up to $1,000.00 in addition to all Board
			 requirements.
(12) Non-Sufficient
			 Fund Fee - the maximum allowed by law.
(13) Deficiency Plan Fee - $25.00 in addition
			 to the Deficiency Plan.
(14)
			 Reinstatement of License for Bond Suspension Fee - $125.00
Author:
Melissa Hines
Statutory Authority:
Code of Ala.
				  1975
, §§ 34-21A-l, et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.01 - Initiation Of Proceedings And Procedure For Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may initiate proceedings as it deems appropriate to
				investigate and determine violations of the provisions of this Act. Persons
				reporting alleged violations shall do so in writing or by phone to the
				Executive Director or any Board member. Persons alleging violations of this Act
				by any other person may request the Board to hold identifying information in a
				confidential manner. The Board shall adopt by resolution the procedures for
				investigations of complaints against licensees or the Board may enter into
				informal settlements with the licensee it is investigating, provided each such
				settlement is ratified by the Board. Said resolution shall be available at the
				office of the Executive Director.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.02 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
All disciplinary hearings and/or contested case hearings shall
				be conducted in accordance with the Alabama Administrative Procedures Act,
				specifically but not limited to Sections 12, 13, 14, 15, 16, 17, 18, and 19, as
				if set out full herein.
Authors:
Mitchelene Shaddix, Angie
				Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.03 - Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall take appropriate action to enforce these rules
				with regard to licensee suspension and revocation. The Board may revoke or
				suspend licenses of parties found to be guilty of any violation of the Act or
				these rules, and also these circumstances shall include, but not be limited to,
				the following:
(1) Obtaining a license
			 under false pretense.
(2) Obtaining
			 a license by having another person take the examination.
(3) Allowing another person to use the
			 license in violation of the regulations of this board.
(4) Selling or conveying the license to
			 another person.
(5) Failure to
			 timely renew a license.
(6) Failure
			 to follow the rules and regulations of the State of Alabama Department of
			 Public Health or the appropriate local health department or
			 authorities.
(7) Committing a
			 dishonest or illegal, act in the performance of work covered under the
			 license.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.04 - Informal Settlement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
			 action shall be taken to effect an informal settlement of a controversy, either
			 prior to or during a contested case proceeding, without formal approval by the
			 Board of such action.
(2) Informal
			 settlement negotiations may be initiated by either party to the controversy,
			 provided that neither party is obligated to use informal procedures.
(3) If the Board approves participation in an
			 informal settlement procedure, it shall negotiate its settlement upon the terms
			 it believes to be in the best interest of the Board and the public, and if the
			 settlement is effectuated the terms of the settlement shall be incorporated, by
			 reference, in the official minutes of the Board.
Author:
Mike Talley
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.05 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Final actions of the Board may be appealed in accordance with
				Alabama Administrative Procedures Act, specifically but not limited to Sections
				20 and 21, as if set out in full herein.
Rule was renumbered from .04 to .05 as per certification
				  filed April 24, 2009; effective May 29,
				  2009.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.06 - Reinstatement Of Licenses After Revocation Or Suspension

Current through Register Vol. 42, No. 9, June 28, 2024
Applications for reinstatement of licenses may be submitted to
				the Board. The applicant shall include in the application for reinstatement the
				reasons why the license should be reinstated and shall specifically set forth
				any change in circumstances that would justify reinstatement. The application
				for reinstatement must include evidence that the applicant meets the current
				licensure requirements for and, unless excused by the Board, the applicant must
				qualify for a licensure through all the procedures, including testing,
				experience, proof of required bonding and ability that is required for initial
				testing. Upon receipt of such application, the board may grant the applicant a
				hearing on reinstatement, at which time the applicant may appeal to the Board
				to reinstate the applicant's license. All fees for testing, issuance of license
				and a reinstatement fee must be paid before re-issuance of license. Procedures
				for reinstatement of suspended licenses shall be set by the Board at the time
				of suspension.
Rule was renumbered from .05 to .06 as per certification
				  filed April 24, 2009; effective May 29,
				  2009.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.07 - Conflict Or Bias

Current through Register Vol. 42, No. 9, June 28, 2024
No board member shall be entitled to vote or to otherwise
				participate in any hearing or disciplinary matter if the Board member is
				personally biased for or against the respondent or when such voting or
				participation would violate the provisions of the Alabama Administrative
				Procedures Act, Section 18(a). Any party in a hearing or respondent in a
				disciplinary action who wishes to assert bias or conflict may do so by filing
				with the Executive Director at least three days prior to the scheduled hearing
				a suggestion of disqualification and a supporting affidavit setting forth the
				factual basis for the suggestion. The Board shall consider the suggestion of
				disqualification on the record as a preliminary matter at the hearing before
				any other question is decided.
Rule was renumbered from .06 to .07 as per certification
				  filed April 24, 2009; effective May 29,
				  2009.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 628 - ALABAMA ONSITE WASTEWATER BOARD › Chapter 628-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 628-X-5-.08 - Institution Of Criminal Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receipt of evidence that any person has: undertaken or
				attempted to undertake the business of manufacturing, installing or maintaining
				an onsite wastewater system or any component thereof, without first having
				procured a valid license as required by the Act, knowingly presented to or
				filed false information with the Board for the purpose of obtaining a license,
				or any other violation of law which the Board deems worthy of reporting to
				appropriate government agencies, the Executive Director or designee, acting on
				the instructions of the Board, shall present such evidence to the appropriate
				governmental authority within the county of which the violator resides and may
				file a complaint regarding the violations.
Rule was renumbered from .07 to .08 as per certification
				  filed April 24, 2009; effective May 29,
				  2009.
Authors:
Mitchelene Shaddix, Angie
				  Burkhalter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-21A-1,
et
seq
.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-1 - RULE-MAKING PROCEDURES › Section 630-X-1-.01 - Promulgation Of Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
No rule or regulation shall be promulgated by the Alabama Board
				of Optometry except after a complete compliance with the requirements of
				Chapter 630-X-1 (Rule-Making Procedures).
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
Amended:
Filed March 6, 1985. Repealed: Filed July 9,
				  1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-42.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-1 - RULE-MAKING PROCEDURES › Section 630-X-1-.02 - Adoption Of Provisions Of Alabama Administrative Procedure Act

Current through Register Vol. 42, No. 9, June 28, 2024
Except for the additional special requirement of a notice set
				out in Rule
				630-X-1-.03, all
				rules and regulations and amendments thereto shall be hereafter adopted or
				promulgated strictly following the rules and procedures set out in the Alabama
				Administrative Procedure Act (
Code of Ala. 1975
,
				§§
								41-22-1,
et
seq
.
Author:
Dr. Larry Carter
Rule entitled "Proposed Rules or Regulations" filed
				  September 13, 1982.
Amended:
Filed March 6, 1985 (Rule title
				  changed to "Adoption of Provisions of Alabama Administrative Procedure Act.")
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-42(2),
				  41-22-9.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-1 - RULE-MAKING PROCEDURES › Section 630-X-1-.03 - Special Notice

Current through Register Vol. 42, No. 9, June 28, 2024
Within 14 days after the date of the meeting at which a rule or
				regulation is so proposed and provisionally adopted, the secretary-treasurer
				shall cause to be mailed via first class United States mail to each licensed
				optometrist in the state of Alabama at their addresses last known to the Board
				a notice in writing which shall contain a statement of either the terms or
				substance of the intended action or a description of the subjects and issues
				involved, and the time when, the place where, and the manner in which
				interested persons may present their views thereon.
Authors:
Dr. Larry Carter.
Rule entitled "Same - Consideration and Hearing" filed
				  September 13, 1982.
Amended:
Filed March 6, 1985 (Rule title
				  changed to "Special Notice."
Amended:
Filed April 9, 1990.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-42(2),
				  41-22-5(a).
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-1 - RULE-MAKING PROCEDURES › Section 630-X-1-.04 - Amendments To Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
The above procedure shall be followed in amending existing
				rules and regulations.
Author:
Dr. Larry Carter
Rule entitled "Same - Notice" filed September 13, 1982.
Amended:
Filed March 6, 1985 (Rule titled changed to "Amendments
				  to Rules and Regulations"). Repealed: Filed July 9,
				  1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-42(2),
				  41-22-5(a).
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.01 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
An annual meeting of the Board shall be held during the month
				of October each year in the city of Montgomery, or in such place as designated
				by the president of the Board at a time and place to be specified by the
				president. This meeting shall be for election and installation of officers and
				other business deemed appropriate. Other meetings of the Board shall be held
				upon call of the president, or as specified in a resolution of the Board. The
				president shall call a special meeting of the Board within 30 days of receipt
				of a petition asking for such a meeting, said petition being signed by a
				majority of the members of the Board.
Author:
Dr. Larry Carter
Previous rule (same title) Filed September 13, 1982.
Repealed: Filed July 9,
				  1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-41,
				  34-22-42.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.03 - Seal

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall have a seal in the form of two circular metal
				discs bearing the imprint and inscription around their respective borders the
				words -- "Alabama Board of Optometry," and in the center the word -- "Seal."
				The seal shall be impressed upon all instruments executed by the Board and the
				president, the vice president, and the secretary-treasurer shall severally have
				like power to impress and attest the seal upon any instrument requiring the
				seal.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-41.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.04 - Order Of Business

Current through Register Vol. 42, No. 9, June 28, 2024
Except as set out below, the order of business at meetings of
				the Board shall be as follows:
(a)
			 Call of the roll.
(b) Reading and
			 consideration of the minutes of previous meetings of the Board.
(c) Report of the
			 secretary-treasurer.
(d) Report of
			 special committees.
(e)
			 Consideration of complaints against licensees.
(f) Consideration of violations of the
			 optometry laws and regulations reported to or known by the Board.
(g) Old business.
(h) New business.
(i) Consideration of any other matters which
			 any member desires to submit to the Board.
(2)
			 Exceptions to the order of business at meetings are as follows:
(a) At the annual meeting for giving
			 examinations for licenses or any other meeting called for giving such
			 examinations, the commencing of the examination procedure as set out in the
			 regulation relating thereto shall be inserted into the order of business in a
			 manner deemed appropriate by the president of the Board, and thereafter the
			 above order of business shall be followed.
(b) At meetings called for the purpose of
			 conducting public hearings, the first order of business shall be hearing those
			 persons desiring to be heard; the second order of business shall be
			 consideration of the proposition giving rise to the public hearing; and
			 thereafter the above order of business shall be followed.
(c) The order of business for disciplinary
			 hearings will be set out in a regulation relating thereto.
(d) At the annual meeting the first order of
			 business shall be the election and installation of officers and thereafter the
			 above order of business shall be followed.
(e) At the annual meeting required by law to
			 be held at least 30 days prior to October 1 in each year for the purpose of
			 selecting five persons to be certified to the Governor from which appointments
			 to the Board will be made, the only order of business shall be the nomination
			 and selection procedures established by the regulations relating thereto and no
			 other business shall be conducted at that meeting.
Author:
Dr. Larry Carter
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.05 - Expenses And Per Diem Of Board Members

Current through Register Vol. 42, No. 9, June 28, 2024
Board members will be reimbursed their expenses and paid per
				diem as provided by law upon making claim to the secretary-treasurer therefor
				upon forms to be provided by the secretary-treasurer. Board members desiring to
				travel out-of-state on Board business and be reimbursed their expenses therefor
				shall ask the secretary-treasurer to request approval of the Governor for such
				travel. Said request shall set out the inclusive dates of such travel and the
				purpose of such travel.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-41.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.06 - Payment Of Other Expenses Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The secretary-treasurer is authorized to pay from funds of the
				Board, without prior approval of the Board, with checks drawn on the Board's
				bank account and countersigned by the president, all normal operating and other
				expenses authorized by law after ascertaining the same to be valid, legal and
				just indebtednesses of the Board. Extraordinary expenses and those which the
				secretary-treasurer doubts to be legal, valid or just shall be submitted to the
				Board for approval prior to payment. The secretary-treasurer shall comply
				strictly with the state competitive bid laws.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
Repealed: Filed July 9,
				  1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-24,
				  34-22-41,
				  34-22-42.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.07 - Hiring Of Investigators

Current through Register Vol. 42, No. 9, June 28, 2024
From time to time and at its discretion, the Board may hire one
				or more person whose duties shall entail investigating whether any optometrist
				or other individual is violating any provision of these rules or the Optometry
				Act.
Author:
Dr. Larry Carter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-24,
				  34-22-42.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.08 - Hiring Of Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
From time to time and at its discretion, the Board may employ
				personnel to aid in carrying out the provisions of this act. Said personnel
				shall be hired for an amount to be negotiated between said individual and the
				Board but shall not exceed the resources of the Board.
Author:
Dr. Larry Carter
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-24,
				  34-22-42(10).
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-2 - GENERAL ADMINISTRATION › Section 630-X-2-.09 - Executive Director

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may employ a qualified individual to serve as
				Executive Director, who shall perform such duties and assume such
				responsibilities as may be delegated by the Board. The Executive Director shall
				be hired for an amount to be negotiated between said individual and the Board
				but such amount shall not exceed the resources of the Board.
Author:
E. Terry Brown
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-24,
				  34-22-42(10).
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
Complaints against licensed optometrists for unprofessional,
				unethical, or illegal conduct and complaints against any other person who may
				be accused of violating any provision of this act shall be filed with the
				secretary-treasurer or other specified agent of the Board in writing and under
				oath. Said complaints must set out in detail the charge(s) against the accused
				person and shall contain a telephone number at which person registering the
				complaint can be reached by telephone. Upon receipt of a complaint, the
				secretary-treasurer or the Board's legal counsel shall verify the complaint by
				making a telephone call to the complainant at the number listed in the
				complaint. During the telephone call, the secretary-treasurer or legal counsel
				shall seek details not set out in the complaint and shall make a memorandum
				thereof. In the event a complaint filed with the Board does not conform to the
				regulations set out above, the complainant shall be advised in writing by the
				Board of the proper procedure as set out herein. The Board shall take no action
				on a complaint until it complies with the procedure set out herein. Any person
				may file a complaint but if a member or agent of the Board shall file a
				complaint, said member or agent shall not participate in any hearing (other
				than to offer evidence), determination, or sanction of the charge(s) in said
				complaint.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-8.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.02 - Notification Of Accused Person

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receipt of a complaint conforming to the requirements of
				Rule
				630-X-3-.01, the
				secretary-treasurer or Board's legal counsel shall forward a letter to the
				accused person advising said person of the complaint and enclosing therewith a
				copy of the written complaint, any memorandum made during the telephone
				interview with the complainant, and a copy of this chapter of the Board
				regulations. The letter shall invite the accused person to respond within 15
				days to the charges in writing under oath. The letter to the accused person and
				the written response of the accused person shall be forwarded by certified
				mail, return receipt requested.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-8.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.03 - Failure Of Accused Person To Respond

Current through Register Vol. 42, No. 9, June 28, 2024
If, at the expiration of 15 days after receipt by the accused
				person of the letter and other materials required by Rule
				630-X-3-.02 above, the accused person has not responded to the charges in writing under
				oath, said person shall be deemed to have declined to respond.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-8.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.04 - Preliminary Investigation By Board

Current through Register Vol. 42, No. 9, June 28, 2024
Whether the accused person responds or does not respond to the
				charges, the Board shall conduct such further discreet preliminary
				investigation as the Board deems necessary under the circumstances to determine
				whether or not formal charges should be presented and a hearing held as
				provided by law.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-8.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.05 - Confidentiality

Current through Register Vol. 42, No. 9, June 28, 2024
Unless, and until, a hearing is set by the Board, as
				hereinafter provided, the Board and each member or agent thereof shall keep the
				charges and all matters relating thereto completely confidential, and shall
				release no information in connection herewith to any person other than the
				Board or its agent thereof, the accused, or the accused's legal counsel, if
				any.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-8.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.06 - Determination By Board Of Justification Of Charge

Current through Register Vol. 42, No. 9, June 28, 2024
After receipt of the complaint, the response of the accused
				person, and completion of the preliminary investigation specified in Rule
				630-X-3-.04,
				the Board shall meet in executive session with its legal counsel and determine
				whether or not the complaint is a charge of unprofessional, unethical, or
				illegal conduct on the part of the accused person, such as to warrant
				disciplinary action if established by evidence. If a member or agent of the
				Board filed the complaint to be considered, said member or agent shall take no
				part in the executive session specified above except to the extent of giving
				testimony in connection with the charge. If the Board determines the complaint
				to be unjustified, frivolous, or not under the jurisdiction of the Board, there
				shall be reference in the minutes of the meeting of the Board, only to the fact
				that a charge was considered and found to not justify a hearing and no mention
				of the name of the accused person or complainant shall appear in the said
				minutes. If the Board proposes to take no further action on the charges, the
				accused person and the complainant shall be so notified in writing by either
				the Board or its agent thereof. If, on the other hand, after considering all
				matters before it, the Board is reasonably satisfied that such charge(s) is/are
				of such merit as to warrant disciplinary action if established by evidence,
				then the Board may at its discretion at that meeting set sanctions, as well as
				adopt a resolution to be reflected in the minutes setting a date, time and
				place, either within the city of Montgomery, Alabama, or within the county in
				which the accused person resides, for the hearing of said charge(s).
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-8,
				  34-22-42(3).
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.07 - Responsibility Of Legal Counsel Of Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Board's legal counsel shall forthwith, under supervision of
				the Board, draft a notice of the charge(s) against the accused person that
				complies with
Code of Ala. 1975
, §
								41-22-12,
				which is expressly incorporated herein by reference. Said notice may, at the
				discretion of the Board, include the opportunity by the accused person to
				accept specified sanctions administered by the Board. Service of the foregoing
				material may be made by personal service upon the accused, or by forwarding to
				the accused person via United States certified mail with a return receipt
				requested addressed to the accused's last known mailing address. However, if
				the accused person shall not be a resident of Alabama, or shall have departed
				from the state of Alabama, then notice of the date, time and place of such
				hearing shall be published in a newspaper of general circulation in the county
				where said accused person shall have been last known to reside, one (1) time,
				at least three (3) weeks prior to the hearing, setting out the date, time and
				place of the hearing.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-8,
				  34-22-42(10),
				  41-22-12.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.08 - Answer Of Accused Person To Specification of Charges

Current through Register Vol. 42, No. 9, June 28, 2024
At least five days before the date of the hearing, the accused
				person shall either agree to accept specified sanctions as administered by the
				Board or shall file with the Board a written answer to the specification of the
				charges served upon said accused along with a list of the names and post office
				addresses of witnesses (including any books, records, papers or other documents
				the accused desires any witness to produce) which the accused desires to be
				subpoenaed for the hearing. At the same time, the accused shall file with the
				Board a list of any books, records, papers or other documents in possession of
				the Board which the accused desires to use in the hearing and the same shall be
				produced at the hearing by the Board without the necessity of a subpoena. If
				the accused person fails to file a written answer to the charges within the
				time set out above, the accused shall be deemed to have denied each and every
				such charge. If the accused person fails to file a list of witnesses within the
				time specified above, said accused shall be deemed to have waived the right to
				have witnesses subpoenaed.
Author:
Dr. Larry Carter
Previous rule entitled "Answer of Accused Licensee to
				  Specification of Charges" filed September 13, 1982. Repealed: Filed July 9,
				  1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-8,
				  41-22-12.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.09 - Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
At least five days prior to the date of the hearing, the
				Board's legal counsel shall prepare a list of the names and post office
				addresses of any witnesses the Board's legal counsel desires to subpoena for
				the hearing and shall also prepare a list of books, records, papers, and other
				documents that counsel desires said witnesses to produce and make available at
				the hearing. At least five days prior to the hearing, the Board's legal counsel
				will forward to the accused person and/or said accused person's legal counsel,
				if known to the Board or its counsel, a list of the witnesses who will testify
				at the hearing in behalf of the charges.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-8,
				  41-22-12.
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.10 - Subpoenas

Current through Register Vol. 42, No. 9, June 28, 2024
Upon the proper filing, by the accused person or the Board's
				legal counsel, of the lists of witnesses, the Board shall issue a subpoena for
				the witnesses and a subpoena duces tecum for any requested books, records,
				papers, or other documents, directed to the sheriff of the respective counties
				where such witnesses reside.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-8,
				  34-22-42(9).
Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-4 - NOMINATING AND ELECTING NOMINEES FOR BOARD APPOINTMENT › Section 630-X-4-.01 - Time And Place Of Annual Meeting

Current through Register Vol. 42, No. 9, June 28, 2024
On or before June 1 of each year, the Board shall prescribe by
				resolution duly adopted at a regular or called meeting the exact time and place
				of the annual meeting to be held at least 30 days prior to October 1 of that
				year for the purpose of selecting five persons whose names shall be certified
				to the Governor for appointment to the Board. On no later that July 1 of that
				year, the secretary-treasurer shall mail to each optometrist holding a current
				annual registration certificate to practice in Alabama at the address shown on
				his current registration, notices setting out the exact date, place, and hour
				of the meeting, the purpose of the meeting, and advising him of his right to
				attend and vote at the meeting.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
Amended:
Filed March 6, 1985. Repealed: Filed July 9,
				  1990.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-40.