reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-X-1 - GENERAL INSTRUCTIONS › Section 892-X-1-.18 - Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Treasurer shall maintain a current
			 listing of QPD's and SAFE forms at its website address
www.treasury.alabama.gov
,
			 click SAFE.
(2) The total amount
			 of all public deposits reported in the SAFE Program, and the 20% concentration
			 level based on Net Average Public Deposits, shall be available to each QPD in
			 the SAFE report portal.
(3) Any
			 information contained in a report by a QPD required by SAFE, which is
			 confidential by any law of the United States or of this state, shall be
			 considered confidential and not subject to dissemination to anyone other than
			 the State Treasurer, SAFE Board, and SAFE staff.
Original Rule
				  892-X-1-.16 was renumber to
				  892-X-1-.17 as per certification
				  filed January 23, 2004; effective February 27, 2004. Rule
				  892-X-1-.17 was renumbered to
				  Rule as per certification filed January 19, 2006; effective February 23,
				  2006.
Author:
Daria S. Story, SAFE Division, Office of
				  State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §§ 41-14 A-4,
				  41-14A-6, as amended.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-X-1 - GENERAL INSTRUCTIONS › Section 892-X-1-.19 - Use Of LOC As Eligible Collateral

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A QPD may apply for approval from the
			 Treasurer to use Letters of Credit in connection with satisfying the QPD's
			 Collateral-Pledging Requirement by completing, signing and submitting a Letters
			 of Credit Agreement Governing Use (the "LC Agreement"). The appropriate form of
			 Collateral Agreement, Contingent Liability Agreement, Certification(s) of
			 Adoption of Directors' Resolution, and Authorized Representative(s) and
			 Signature Certification specified in Rule must be on file with the Treasurer.
			 The use of Letters of Credit by a QPD will be subject to all of the terms and
			 conditions of the LC Agreement, the provisions and requirements of the SAFE
			 Program Act, Rules and any additional requirements, conditions and limitations
			 prescribed by the Treasurer.
(2)
			 Each Letter of Credit issued and delivered to the Treasurer shall:
(a) Be irrevocable and
			 unconditional;
(b) Have an initial
			 expiration date that is not sooner than one (1) year from the date of
			 issuance;
(c) Provide that the
			 expiration date thereof shall be automatically extended, without amendment, for
			 successive one (1) year periods from the then applicable expiration date unless
			 the issuer of the letter of credit shall have notified the Treasurer in writing
			 not less than ninety (90) days prior to the then applicable effective date that
			 the issuer has elected not to extend the expiration date for the additional
			 period;
(d) Permit multiple and
			 partial drawings; and
(e) Shall
			 otherwise be in a form approved by the Treasurer.
(f) The Treasurer may obtain certificates of
			 incumbency from each LOC issuer periodically to verify the signature authority
			 of officers who execute Letters of Credit.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-X-1 - GENERAL INSTRUCTIONS › Section 892-X-1-.20 - Board of Directors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 representative of an active QPD, a municipality, or county nominated for board
			 appointment shall be a salaried employee of that entity with expertise in the
			 SAFE Program, and the entities' general and financial operations.
(2) With respect to an appointed board
			 member's term of service:
(a) A member's term
			 shall begin at the meeting following his/her appointment. Each member shall
			 remain until his/her term expires, death, resignation, or his/her successor has
			 been appointed.
(b) No board member
			 may serve more than two consecutive four-year terms. Completion of a partial
			 term will not be considered a full term.
(c) Any board member may resign at any time
			 from his/her position with the SAFE Board. Notice of resignation shall be
			 provided in writing to the Treasurer. The resignation shall take effect upon
			 date specified in the written notice.
(d) Any board member leaving employment with
			 his/her represented entity shall simultaneously resign as a member of the SAFE
			 board. Resignation shall be provided in writing to the Treasurer with a copy
			 provided to the Nominating Authority.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-1-1 - THE LINKED DEPOSIT PROGRAM › Section 892-1-1-.01 - Second Deposits In Support Of Small Business

Current through Register Vol. 42, No. 9, June 28, 2024
A lending institution shall be restricted to a one-time
				participation in the small business portion of the Linked Deposit Program.
				Participation in the program should not exceed two years.
(1) A lending institution shall not request a
			 renewal of an existing small business Linked Deposit at the end of the two-year
			 term of such deposit.
(2) A lending
			 institution can request an adjustment of the initial deposit by requesting an
			 increase in that deposit. All statutory requirements must be met as if the
			 original and additional amount were one and the same deposit. The rate for the
			 additional amount shall be based on the prevailing market rate as of the time
			 of the additional deposit.
(3) A
			 lending institution shall not submit more than one request for the same
			 corporation, partnership or proprietorship. In the case of a franchise business
			 where multiple outlets are involved, only one deposit would be available for
			 the franchise business.
Author:
Lucy Baxley
Statutory Authority:
Code of Ala.
				  1975
, §§
										5-21-5(b),
				  5-21-7,
				  5-21-9.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-1-1 - THE LINKED DEPOSIT PROGRAM › Section 892-1-1-.02 - Collection Of Interest For Small Business Deposit

Current through Register Vol. 42, No. 9, June 28, 2024
The Treasurer shall collect interest from the lending
				institutions on a monthly basis.
(1)
			 The Treasurer shall collect interest on deposits by (Automated Clearing House)
			 ACH transaction on the last day of each month. Interest shall be calculated on
			 a 30/360 day basis.
Author:
Lucy Baxley
Statutory Authority:
Code of Ala.
				  1975
, §§
										5-21-7,
				  5-21-9.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-1-1 - THE LINKED DEPOSIT PROGRAM › Section 892-1-1-.03 - Collection Of Principal For Small Business Deposits

Current through Register Vol. 42, No. 9, June 28, 2024
The Treasurer shall collect principal payments
				quarterly.
(1) Principal reductions
			 shall be reported to the Treasurer by method of quarterly statement. Interest
			 is calculated on a 30/360 day basis and shall be reported no later than the
			 25th. The Treasurer shall collect principal reductions by (Automated Clearing
			 House) ACH transaction on the last day of the month of the calendar quarter.
Author:
Lucy Baxley
Statutory Authority:
Code of Ala.
				  1975
, §§
										5-21-7,
				  5-21-9.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-1-1 - THE LINKED DEPOSIT PROGRAM › Section 892-1-1-.04 - Collection Of Prepayments For Agricultural Linked Deposit

Current through Register Vol. 42, No. 9, June 28, 2024
Lending institutions shall remit principal reductions and
				accrued interest due on agricultural deposits during the month in which the
				prepayment occurs.
(1) Principal and
			 interest is due at maturity if no prepayment is reported. Interest is
			 calculated on a 30/360 day basis and shall be reported no later than the 25th
			 and collected by (Automated Clearing House) ACH transaction on the last day of
			 the month in which the deposit matures.
Author:
Lucy Baxley
Statutory Authority:
Code of Ala.
				  1975
, §§
										5-21-7,
				  5-21-9.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-1-1 - THE LINKED DEPOSIT PROGRAM › Section 892-1-1-.05 - Linked Deposit Funds Limited To Businesses Operated For General Public

Current through Register Vol. 42, No. 9, June 28, 2024
Any business operated for the purpose of providing services or
				products which are not available to the general public shall not be eligible to
				receive a subsidized interest rate through the Linked Deposit Program.
Author:
Lucy Baxley
Statutory Authority:
Code of Ala.
				  1975
, §§
										5-21-7,
				  5-21-9.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
These rules establish general instructions and guidelines for
				the administration of the Alabama Unclaimed Property Program and requirements
				specific to businesses and the general public as mandated by law. Holder
				reporting requirements and Apparent Owner or Claimant claim requirements are
				also governed by the Uniform Disposition of Unclaimed Property Act of 2004,
				Section 35-12-70, et seq.,
Code of Ala. 1975
, as amended.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Abandoned or
			 Unclaimed Property" means any property which is presumed abandoned under the
			 Act.
(2) "Act" means the State of
			 Alabama Uniform Disposition of Unclaimed Property Act of 2004, Sections
			 35-12-70 through and including
			 35-12-96,
Code of Ala.
			 1975
, as amended.
(3)
			 "Apparent Owner" or "Claimant" means the individual(s) signing and submitting
			 the claim form and supporting documentation for recovery of unclaimed
			 property.
(4) "Contents" means any
			 and all property found within a safe deposit box presumed abandoned and
			 reportable to the Treasurer's Office under the Act.
(5) "Dormancy" means inactivity or lack of
			 owner contact for a prescribed time period as specified in the Act.
(6) "Holder" means a person, as defined in
			 the Act, in possession of property presumed abandoned under the terms of the
			 Act.
(7) "Treasurer's Office" means
			 the office of the State Treasurer for the State of Alabama.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.03 - Holder Reporting: Filing Annual Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Holder reports annually to Treasurer's
			 Office on or before November 1st.
(2) If the Holder is requesting a filing
			 extension or exception to electronically filing the report, or other matter,
			 the request must be in writing to the Treasurer's Office at least 15 days prior
			 to November 1st. This request should include the
			 following:
(a) Purpose of the
			 request;
(b) Specifically state the
			 extension period and/or exception requested;
(c) Provide reason for the request.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.04 - Holder Reporting: Safe Deposit Box Contents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prior to shipping Contents to the
			 Treasurer's Office, the Holder shall provide a report including an estimated
			 time of delivery of the Contents, the number of shipping boxes, shipping
			 confirmation/tracking number, if applicable, and the Content listing. The
			 report must be submitted electronically prior to delivery of
			 Contents.
(2) Each owner's Contents
			 should be individually packaged and adequately sealed by the Holder and include
			 a listing of the Contents.
(3)
			 Remittance of Contents must be made by registered mail, certified mail, or
			 physical delivery. Physical delivery must be scheduled with the Treasurer's
			 Office prior to delivery.
(4) All
			 United States currency and coins, except those identified in Rule
			 92-2-1-.05(1), shall be deposited by the Holder at the time of inventory and
			 electronically remitted to the Treasurer's Office. The items must be itemized
			 in the Holder report and noted that it was deposited by the Holder.
(5) Mutilated currency should be handled in
			 the normal course of business through a financial institution and the Bureau of
			 Engraving and Printing. Once mutilated currency is exchanged for good currency,
			 it should be included in the Holder's report. Mutilated currency should not be
			 sent to the Treasurer's Office.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et
				  seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.05 - Public Auction

Current through Register Vol. 42, No. 9, June 28, 2024
(1) United
			 States coin and currency items to be auctioned include, but not limited to:
(a) Currency in the form of coin or paper
			 received in booklets, proof sets, collectable holders, mint set, or other
			 presentation packaging;
(b) Coin
			 currency with a date of 1971 or earlier;
(c) Paper currency with a date of 1963 or
			 earlier.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.06 - Confidentiality Of Reports, Records, And Files

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any request for information, request for
			 proposal, or other document that contains confidential, trade secrets or
			 proprietary commercial information must be conspicuously marked as containing
			 confidential information. The burden is on the one asserting the trade secret
			 to show that the information sought to be protected is not subject to public
			 disclosure under Alabama law.
(2)
			 The owner of any confidential information shall indemnify and hold the State of
			 Alabama, Treasurer's Office, its agents, officers, and employees harmless from
			 all costs or expenses, including but not limited to, attorney fees and expenses
			 related to litigation concerning disclosure of said information and
			 documents.
(3) Information on the
			 Treasurer's Office unclaimed property database is not available for public
			 purchase or preview. Public database information is available on the
			 Treasurer's website.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.07 - Claim Form, Affidavits And Related Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Only Treasurer's Office approved
			 affidavits, agreements, powers of attorney, authorization forms, releases,
			 claim forms, templates or other related documents will be admissible as part of
			 the Unclaimed Property claim process, unless specifically authorized by the
			 Treasurer's Office. Altering any of the forms and documents will be cause for
			 denial of a claim.
(2) All forms
			 and related documents are available on the Treasurer's website
www.treasury.alabama.gov
.
(3) All documentation and reporting must be
			 in English.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.08 - Claim Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Treasurer's Office, in its sole discretion, shall determine if the Claimant has
			 established his or her entitlement to the Abandoned Property by a preponderance
			 of the evidence.
(2) The aggregate
			 Abandoned Property value must not exceed $3,000 to be eligible to be claimed by
			 an apparent heir of an intestate claim by affidavit.
(3) The aggregate Abandoned Property value
			 must not exceed $300 to be eligible to be claimed by the Apparent Owner without
			 proof of address.
(4) Payment to
			 estates of decedents shall be made payable to the estate of the
			 decedent/reported owner. Small estate claims may be payable to the Claimant if
			 all required documentation is presented.
(5) A garnishment/levy proceeding against the
			 State Treasury is barred by sovereign immunity. A garnishment is a suit against
			 the state and a result favorable to plaintiff would directly affect a contract
			 or property right of the state. No claims will be paid as a result of
			 garnishment/levy proceedings.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et
				  seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.09 - Responsibilities Of Claimant

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 Claimant shall be responsible for providing all requested documentation to
			 establish legal entitlement to the Unclaimed Property. The burden shall be upon
			 the Claimant to fully satisfy claim requirements.
(2) Claimant must respond to a request for
			 additional information within 90 days of notification. If additional
			 information is not provided, claim is deemed denied because of insufficient
			 evidence supporting ownership of the property. In such cases, the date of
			 denial shall be 90 days following the date of notification that additional
			 information is required.
(3) If a
			 claim is denied by the Treasurer's Office, or the claim has not been acted upon
			 within 120 days after its filing, the Claimant may bring an action in the
			 Circuit Court of Montgomery County, Alabama within 90 days of the date of
			 denial or within 120 days of filing the claim if no action has been taken by
			 the Treasurer's Office.
(4) Claim
			 documentation for denied claims will be retained for one year following the
			 date of denial. A new claim or additional documentation proving entitlement to
			 the property can be filed at any time after the original claim was
			 denied.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et
				  seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.10 - Disposition Of Property

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Marketable securities delivered to the Treasurer's Office will be sold upon
			 receipt at prices prevailing at the time of sale.
(2) At the Treasurer's discretion, the sale
			 of stock may be suspended in the event of a significant economic downturn and
			 decline in economic activity that results in a nationwide recession. Upon
			 receipt of the Bureau of Economic Analysis of the US Department of Commerce
			 ("Bureau") report showing two consecutive quarters of decline in the real gross
			 domestic product (GDP), stock sales may be suspended. Upon receipt of the
			 Bureau's report showing two quarters of positive growth in GDP, the Treasurer's
			 Office may resume the sale of stock.
(3) Prior to public auction, Contents will be
			 held for a minimum of one year from the date of the attempted notification by
			 the Treasurer's Office to the reported owner.
(4) The Treasurer may allow property not
			 available for public auction to be displayed by the Alabama Historical
			 Commission, Department of Archives and History, or similar state organization,
			 if the request is made in writing by the organization and in its opinion, the
			 property has historical, artistic or literary value worthy of
			 preservation.
(5) If the Treasurer
			 determines that property delivered to the Unclaimed Property Division has no
			 substantial commercial value, the property may be destroyed or otherwise
			 disposed of at any time.
Author:
Ralph Ainsworth, Unclaimed Property
				  Division, Office of State Treasurer
Statutory Authority:
Code of Ala.
				  1975
, §
										35-12-20, et seq.
Alabama Administrative Code › Title 892 - STATE TREASURER'S OFFICE › Chapter 892-2-1 - UNCLAIMED PROPERTY DIVISION › Section 892-2-1-.11 - Responsibilities Of The Holder

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It
			 shall be the responsibility of the Holder:
(a)
			 to determine Abandoned Property subject to the Act, and dormancy reporting
			 timelines;
(b) to determine state
			 custody of each property;
(c) to
			 report and remit Abandoned Property to the Treasurer's Office by the reporting
			 deadline, including all owner identifying information available in the Holder's
			 files, and;
(d) to perform due
			 diligence and written notice to the Apparent Owner as required by the Act prior
			 to remitting property to the Treasurer's Office.
Alabama Administrative Code › Title 894 - ALABAMA STONEWALL JACKSON MEMORIAL FUND › Chapter 894-X-1 - ADMINISTRATIVE RULES › Section 894-X-1-.01 - Description Of The Alabama Stonewall Jackson Memorial Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Stonewall Jackson Memorial Fund is a non-expendable trust fund established by the Alabama Legislature in 1955, as Act No. 529. The purpose of the fund, as established in the legislation, is "to memorialize that great American and Confederate general, 'Stonewall' Jackson, through a program of education initiated by Stonewall Jackson Memorial, Incorporated, including both essay contests and scholarships."
(2) The enabling legislation established a Board of Trustees for the Fund and specified that the members be the Alabama Superintendent of Education, the Director of the Alabama Department of Archives and History, and the President of the Stonewall Jackson Memorial, Incorporated.
(3) The program is publicized through the Alabama high school guidance counselors and through available teacher e-mail lists. The program coordinator sends notices of the program each year in January.
(4) The enabling legislation provided that the fund be used to award re-payable scholarships to Alabama students.
(5) Agency Contact: To obtain information or to make submissions or requests, contact the Public Services Division of the Alabama Department of Archives and History, 624 Washington Avenue, PO Box 300100, Montgomery, Alabama 36130-0100, Telephone (334) 242-4363.
Author:
Steve Murray, Assistant Director, Alabama Department of Archives and History
Statutory Authority:
Code of Ala. 1975
, §
										16-32-1
Alabama Administrative Code › Title 894 - ALABAMA STONEWALL JACKSON MEMORIAL FUND › Chapter 894-X-1 - ADMINISTRATIVE RULES › Section 894-X-1-.02 - Adoption, Amendment, And Repeal Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
A petition requesting the adoption, amendment or repeal of a rule must be submitted in writing to the office of the Director of the Alabama Department of Archives and History. Each written petition shall state with particularity facts sufficient to show the person seeking relief is substantially affected by the rule. Each petition will be reviewed and presented for consideration to the Board of Trustees of the Stonewall Jackson Memorial Fund for consideration and disposition at the next Board meeting. The Board shall either deny a petition in writing on the merits stating its reasons for the denial or shall initiate rule making procedures in accordance with Code of Ala. 1975, Section 41-22-1 through 41-22-27.
Author:
Steve Murray, Assistant Director, Alabama Department of Archives and History
Statutory Authority:
Code of Ala. 1975
, §
										16-32-2
Alabama Administrative Code › Title 894 - ALABAMA STONEWALL JACKSON MEMORIAL FUND › Chapter 894-X-1 - ADMINISTRATIVE RULES › Section 894-X-1-.03 - Rules For The Awarding Of Stonewall Jackson Memorial Fund Repayable Scholarships

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board of Trustees administers a yearly essay contest for Alabama high school seniors. The essay must be an original work of 1,500 - 2,500 words on a topic or issue that relates to the life of Stonewall Jackson. The Board of Trustees may establish a specific theme for a year's competition or may leave the choice to the applicant, at its discretion. A bibliography of sources must accompany the essay.
(2) Applicants must also submit an application form providing necessary personal information such as name, contact information, name and address of high school, and college they plan to attend.
(3) Students can obtain application forms from Alabama high school guidance counselors or directly from the program coordinator.
(4) Essays are judged and rated on the Historical Quality (80%) and Literary Quality (20%). Criteria considered in Historical Quality include historical accuracy, appropriate analysis and interpretation of topic, demonstrated understanding of historical context and perspective, and use of balanced and appropriate research sources as demonstrated in the annotated bibliography. Criteria considered in Literary Quality include originality, organization, grammar and spelling, and adherence to standard citation format.
(5) Essays are reviewed and rated by a Scholarship Evaluation Committee. The members of the Stonewall Jackson Memorial Fund Board of Trustees each appoint two members to the committee, and the Department of Archives and History coordinates the work of the committee.
(6) The Scholarship Evaluation Committee reviews, evaluates, and ranks essays and selects 1 st, 2 nd, and 3 rd place winners to receive scholarship awards of amounts determined by the Board of Trustees. The Committee may choose to make a reduced number of awards, or to make no awards at all, if the essays submitted in a given year are judged not to be of sufficient quality to merit a scholarship award.
(7) Winning students must verify acceptance or enrollment in college before scholarships are issued. Checks are payable directly to the institution of higher education.
(8) Recipients must sign a letter of agreement acknowledging their intention to repay the loan within five calendar years of graduation from college or termination of education.
(9) Upon graduation or termination of education, recipients are required to set up a repayment schedule.
Author:
Steve Murray, Assistant Director, Alabama Department of Archives and History
Statutory Authority:
Code of Ala. 1975
, §§
										16-32-1, 16-32-2
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-1 - GENERAL PROVISIONS › Section 910-X-1-.01 - Purpose And Statutory Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter establishes the Underground Damage Prevention
				Authority and its Executive Committee, as created under
Code of
				Ala. 1975
, §
								37-15-10.1,
				et seq., for the purpose of enforcing
Code of Ala.
				1975
, § 37-15-1-10.2, et seq., and for reviewing penalty
				provisions and the adequacy of the enforcement process. The Authority and its
				enforcement activities are not intended to be funded by appropriations from the
				state budget.
Author:
Underground Damage Prevention
				  Authority
Statutory Authority:
Code of Ala.
				  1975
, §§
										37-15-10.1,
				  et seq.;
				  37-15-10.2,
				  et seq.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-2 - ORGANIZATION › Section 910-X-2-.01 - Duties Of The Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The duties
			 of the Authority are described in
Code of Ala. 1975
,
			 §
								37-15-10.1,
			 et seq., and include, but are not limited to the following:
(a) Enforce the provisions of
Code of Ala. 1975
, § 37-15-1-10.2, et
			 seq.
(b) Conduct meetings as
			 described in
Code of Ala. 1975
, §
									37-15-10.1 - 10.2, et seq., and the rules adopted by the Authority.
(c) Elect an Executive Committee from among
			 the Authority members as described in
Code of Ala.
			 1975
, §
									37-15-10.1,
			 et seq.
(d) Promulgate rules and
			 regulations to carry out its responsibilities described in
Code of
			 Ala. 1975
, §
									37-15-1, et
			 seq.
(e) Enter into contracts as
			 the Authority deems necessary to carry out its responsibilities.
(f) Enter into an interagency agreement with
			 the Attorney General's office to serve as legal counsel.
(g) Oversee the development of, or contract
			 for, the development and administration of the designated training
			 program.
(h) Manage the Underground
			 Damage Prevention Fund created in
Code of Ala. 1975
,
			 §
									37-15-10, et
			 seq.
(i) Assess and collect funds
			 as described in
Code of Ala. 1975
, §
									37-15-10(e),
			 et seq., as deemed necessary to carry out its responsibilities.
(j) Evaluate and revise the enforcement
			 program process and penalty structure by promulgating rules if the current
			 structure does not meet the purpose and intent of this chapter or federal
			 law.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-2 - ORGANIZATION › Section 910-X-2-.02 - Authority Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Authority shall be composed of a board of underground facility protection
			 stakeholders. The board shall be composed on one subject matter expert
			 representative from each of the following stakeholders. The Authority consists
			 of seventeen members, appointed as follows:
(a) By the Governor:
1. One representative of Alabama County
			 Engineers
2. One representative of
			 the cable television industry
3.
			 One representative of the electric utility industry
4. One representative of the municipal
			 utility operator industry
5. One
			 representative of the natural gas distribution industry
6. One representative of the one call
			 notification center
7. One
			 representative of the professional excavator industry
8. One representative of the professional
			 road builders industry
9. One
			 representative of the land survey industry
10. One representative of the
			 telecommunications industry
11. One
			 representative of the transmission pipeline industry
12. One representative of the utility
			 facility locating industry
13. One
			 representative of the water utility industry
14. One representative of the wastewater
			 industry
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-2 - ORGANIZATION › Section 910-X-2-.03 - Authority Member Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 initial authority board shall be appointed with staggering terms as determined
			 by the Governor.
(2) After the
			 initial appointment, each stakeholder representative shall serve a three-year
			 term.
(3) No person shall be
			 appointed for more than two full consecutive terms with the exception of the
			 following:
(a) Alabama Attorney General's
			 Office
(b) Alabama PSC - gas
			 pipeline safety
(c) Alabama
			 Department of Transportation
(d)
			 One Call Notification Center.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-2 - ORGANIZATION › Section 910-X-2-.04 - Officers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Authority
			 shall elect a chairman and other officers as the Authority deems
			 necessary.
(2) The officers of the
			 Authority shall be as follows:
(a) Chairman -
			 The Chairman shall preside at all meetings of the Authority and discharge the
			 duties of the presiding officer, shall be the principal executive officer of
			 the Authority, may sign contracts and other instruments authorized by the
			 Authority, except in cases where the Authority shall expressly delegate that
			 authority to another member, and shall perform whatever other duties the
			 Authority may from time to time prescribe. The Chairman may also function as
			 the Chair of the Executive Committee.
(b) Vice-Chairman - The Vice-Chairman shall,
			 in the absence of the Chairman, perform the duties and exercise the powers of
			 the Chairman. The Vice-Chairman shall also perform whatever duties and have
			 whatever powers the Authority may from time to time assign. The Vice-Chairman
			 may also function as the Vice-Chairman of the Executive Committee.
(c) Secretary - The Secretary shall attend
			 all meetings of the Authority and shall keep or cause to be kept, true and
			 complete minutes of the proceedings of those meetings. The Secretary shall give
			 or cause to be given, notice of all meetings of the Authority, shall be the
			 Public Records Compliance Officer and whatever additional duties the Authority
			 may from time to time prescribe.
(d) Treasurer - The Treasurer shall keep full
			 and accurate accounts of receipts and disbursements and shall deposit all
			 Authority monies and other valuable effects in the name and to the credit of
			 the Authority in a depository or depositories designated by the Authority. The
			 Treasurer shall disburse the funds of the Authority and shall render to the
			 Chairman or the Authority, whenever they may require it, an account of the
			 transactions as Treasurer and the financial condition of the
			 Authority.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-2 - ORGANIZATION › Section 910-X-2-.05 - Authority Operations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Rule
			 Making Authority. The Authority shall make such rules and regulation as may be
			 necessary to carry out the provisions of the statute.
(2) Meetings and Notice. The Authority shall
			 meet at the location and on the date and time set by the Chairman upon at least
			 five business days' notice provided by United States mail, electronic mail or
			 personal delivery to every Authority member. Scheduled meeting dates, times,
			 and locations shall be published in the Authority's minutes.
(3) The Authority shall meet no more than
			 quarterly based on need relative to the hearing of enforcement proceeding
			 appeals.
(4) Meetings. Members of
			 the Authority board and executive committee may participate in a meeting of the
			 board or committee by means of telephone conference, video conference, or
			 similar communications equipment by means of which all persons participating in
			 the meeting may hear each other at the same time. Participation by such means
			 shall constitute presence in person at a meeting for all purposes.
(5) Quorum. A quorum will be represented from
			 a simple majority of the current Authority Membership.
(6) Voting. All members of the Authority
			 including the Chairman shall be entitled to vote and to make or second motions.
			 A majority vote of those present is required to pass a motion. Members
			 expecting to be absent for a vote may provide written comments as to their
			 position; however, they may not grant a vote by proxy.
(7) Action without a Meeting. Any action
			 required or permitted may be taken without a meeting if the action is noticed
			 to all Authority Members and approved by a majority of the Members of the
			 Authority. The action must be evidenced by one or more written consents
			 describing the action taken, and delivered to the Secretary for inclusion in
			 the minutes or filed with the appropriate records.
(8) Robert's Rules of Order. The Chairman
			 shall conduct each Authority meeting in accordance with Robert's Rules of
			 Order. Committee meetings of the Authority shall be conducted in a like
			 manner.
Author:
Underground Damage Prevention
				  Authority
Statutory Authority:
Code of Ala.
				  1975
, §§
										37-15-10.1(g),
				  (h), (l),
				  37-15-10.2(i).
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-2 - ORGANIZATION › Section 910-X-2-.06 - Committees Of The Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Chairman, with concurrence of the Authority, may from time to time establish
			 and abolish such committees from among the members of the Authority as may be
			 deemed necessary, expedient or to contribute to the performance of the duties
			 of the Authority. The Chairman shall appoint a Chair for each such
			 committee.
(2) The Chairman, with
			 concurrence of the Authority, deems it advantageous or beneficial to the
			 Authority, the Chairman may appoint members to a committee who are not members
			 of the Authority.
(3) A quorum
			 shall be a majority of the committee. The rules relating to the Authority shall
			 apply to all committees.
(4) The
			 Authority Board shall elect an executive committee made up of five
			 representatives from the Authority Board as provide in
Code of Ala.
			 1975
, §
								37-15-10.1,
			 et seq., excluding those entities representing a state agency, who will be
			 responsible for levying civil penalties and taking actions as described in
Code of Ala. 1975
, §10, 10.1 and 10.2, et
			 seq.
Author:
Underground Damage Prevention
				  Authority
Statutory Authority:
Code of Ala.
				  1975
, §§
										37-15-10.1.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-2 - ORGANIZATION › Section 910-X-2-.07 - Executive Committee

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Executive Committee is charged with reviewing the alleged violations complaints
			 and any documentation regarding the complaint and making any needed
			 recommendation for penalty action.
(2) The duties of the Executive Committee
			 include, but are not limited to the following:
(a) Conduct meetings and reviews of alleged
			 violation complaints as described in
Code of Ala.
			 1975
, §
									37-15-10.2,
			 et seq., and the rules promulgated by the Authority.
(b) Determine whether violations have
			 occurred.
(c) Dismiss those
			 complaints in which it determines a violation has not occurred.
(d) Upon finding that a violation has
			 occurred, determine and levy penalties, order training, and otherwise take
			 action as described in
Code of Ala. 1975
, §
									37-15-10.2,
			 et seq., and the rules promulgated by the Authority.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-3 - ENFORCEMENT OF VIOLATIONS › Section 910-X-3-.01 - Complaint Filing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person
			 who violates
Code of Ala. 1975
, §
								37-15-1, et
			 seq., may be reported to the authority for the alleged violation.
(2) The complaint must be made no later than
			 30 days after the known occurrence of the violation. A complaint may be filed
			 as information only and designated not to be pursued under the enforcement
			 provisions.
(3) The Executive
			 Committee may review complaints from any person of alleged violation of
Code of Ala. 1975
, §
								37-15-1, et
			 seq.
Author:
Underground Damage Prevention
				  Authority
Statutory Authority:
Code of Ala.
				  1975
, §§
										37-15-10.2.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-3 - ENFORCEMENT OF VIOLATIONS › Section 910-X-3-.02 - Complaint Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Authority shall utilize the services of the Alabama Public Service Commission
			 to provide administrative support, subject to the concurrence by the Authority
			 Board. The Public Service Commission shall charge the expenses associated with
			 the administrative duties of the Authority back to the Authority, subject to
			 the concurrence of the Authority Board. The administrative support provided by
			 the Alabama Public Service Commission to the Authority is in an administrative
			 capacity only and shall not expand the jurisdiction of the Alabama Public
			 Service Commission in any way.
(2)
			 The complaint process shall include:
(a) A
			 completed complaint form submitted to the Authority administrator in the
			 designated manner outlined by the Authority.
(b) The complaint form must include all
			 required information designated on approved complaint form.
(c) Upon receipt of a complaint of a
			 violation of this chapter, the administrator, operating on behalf of the
			 Authority, shall provide notice to the reported violator advising that a
			 complaint of violation has been made setting out the time and place of the
			 alleged violation, the identity of who reported the violation, his or her right
			 to file a written response within 14 days, and his or her right to appeal from
			 an adverse decision.
(d) The
			 administrator, acting on behalf of the Authority, shall submit the complaint
			 and documentation to the Executive Committee.
(e) The Authority Executive Committee will
			 review the complaint and any documentation regarding the complaint and make any
			 needed recommendation for penalty action.
(f) The administrator, operating on behalf of
			 the Authority, shall notify the complainant and the reported violator of any
			 penalty assessed.
(g) Once the
			 reported violator is notified of the designated penalty as described in Section
			 37-15-10, et
			 seq,
Code of Ala. 1975
, the violator may pay the
			 penalty to the Underground Damage Prevention Fund or dispute the penalty and
			 request a hearing before the full Authority Board.
(h) The request for a hearing before the
			 Authority Board must be done within 30 days of the issuance of notification of
			 the violation.
(i) The full
			 Authority Board shall meet no more than quarterly, based on need. The hearings
			 will be held at the place set forth in the citation notice of hearing. There
			 shall be no presumption of correctness attached to any finding of fact or any
			 assessment of a penalty that is appealed to the Authority Board, and the
			 proceedings and hearing before the Authority Board shall be tried de novo. The
			 complainant must attend the hearing.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-3 - ENFORCEMENT OF VIOLATIONS › Section 910-X-3-.03 - Appeal Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Authority Board in the appeal process has the authority to do the following:
(a) Repeal the initial penalty provisions
			 cited for the alleged violation of this chapter.
(b) Uphold the initial penalty provisions
			 cited for the alleged violation of this chapter.
(c) Issue a new penalty provision related to
			 the alleged violation of this chapter.
(d) Issue an order stating the outcome of the
			 hearing including any assigned penalty.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-3 - ENFORCEMENT OF VIOLATIONS › Section 910-X-3-.04 - Enforcement Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Authority will issue an opinion regarding the applicability to specified facts
			 of:
(a) a statute administered or enforceable
			 by the Authority; or
(b) a rule
			 promulgated by the Authority.
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-3 - ENFORCEMENT OF VIOLATIONS › Section 910-X-3-.05 - Open Records

Current through Register Vol. 42, No. 9, June 28, 2024
All complaints filed pursuant to
Code of Ala.
				1975
, §
								37-15-1 et
				seq., shall not be subject to the Alabama Open Records Act. However, the
				Authority shall make available, upon request, a summary of a requested
				complaint after a final resolution has been entered regarding any such
				complaint requested along with any documents associated with the final
				resolution of the complaint. However, this restriction shall not prevent a
				party from obtaining a copy of the complaint by means of a subpoena or other
				method allowed by the Alabama Rules of Civil Procedure or the Alabama Rules of
				Criminal Procedures.
Author:
Underground Damage Prevention
				  Authority
Statutory Authority:
Code of Ala.
				  1975
, §§
										37-15-10.2(l).
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-3 - ENFORCEMENT OF VIOLATIONS › Section 910-X-3-.06 - Open Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Open Meetings Act shall apply to all meetings and
				judicial hearings required pursuant to this chapter, except for those meetings
				of the Authority in which the initial determination of violation and
				recommended fine is discussed and determined.
Author:
Underground Damage Prevention
				  Authority
Statutory Authority:
Code of Ala.
				  1975
, §§ 37-15-10.3(l).
Alabama Administrative Code › Title 910 - ALABAMA UNDERGROUND DAMAGE PREVENTION AUTHORITY ADMINISTRATIVE CODE › Chapter 910-X-4 - DESIGNATED PENALTIES › Section 910-X-4-.01 - Penalty Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 person who violates the provisions of
Code of Ala.
			 1975
, §37-15, et seq., or the rules adopted under the
			 Authority, shall be subject to a civil penalty as follows:
(a) For a first violation, the violator shall
			 complete a course of training concerning compliance or pay a civil penalty in
			 an amount not to exceed five hundred dollars ($500) per incident, or
			 both.
(b) For a second or
			 subsequent violation within a twelve (12) month period, the violator shall
			 complete a course of training concerning compliance or pay a civil penalty in
			 an amount not to exceed one thousand dollars ($1000) per incident, or
			 both.
(c) For a third or subsequent
			 violation within a twelve (12) month period, the violator shall complete a
			 course of training concerning compliance and pay a civil penalty in an amount
			 not to exceed three thousand dollars ($3,000) per incident.
(d) Notwithstanding this subsection, if any
			 violation was the result of gross negligence or willful noncompliance, the
			 violator shall be required to complete a course of training concerning
			 compliance and pay a civil penalty in an amount not to exceed ten thousand
			 dollars ($10,000) per incident.