reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.10 - Responsibility Of Bidders And Offerors

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Application. A determination of responsibility or nonresponsibility shall be
			 governed by this Rule.
(2)
			 Standards of Responsibility.
(a) Standards.
			 Factors to be considered in determining whether the standard of responsibility
			 has been met include whether a prospective contractor has:
1. available the appropriate financial,
			 material, equipment, facility, and personnel resources and expertise, or the
			 ability to obtain them, necessary to indicate its capability to meet all
			 contractual requirements;
2. a
			 satisfactory record of performance;
3. a satisfactory record of
			 integrity;
4. qualified legally to
			 contract with the State; and
5.
			 supplied all necessary information in connection with the inquiry concerning
			 responsibility.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.11 - Prequalification Of Suppliers

Current through Register Vol. 42, No. 9, June 28, 2024
Prospective contractors may be prequalified for bidder lists,
				but distribution of the solicitation shall not be limited to prequalified
				contractors, nor may a prospective contractor be denied award of a contract
				simply because such contractor was not prequalified. The fact that a
				prospective contractor has been prequalified does not necessarily represent a
				finding of responsibility.
Renumbered from
				  355-4-3-.10
Author:
Department of Finance, Legal
				  Division
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-140.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.12 - Substantiation Of Offered Prices

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Meaning of
			 Terms Not Defined in the State Procurement Code
(a) Adequate Price Competition. Price
			 competition exists if competitive sealed proposals are solicited and at least
			 two responsible offerors independently compete for a contract to be awarded to
			 the responsible offeror submitting the lowest evaluated price by submitting
			 priced offers (or best and final offers) meeting the requirements of the
			 solicitation. If the foregoing conditions are met, price competition shall be
			 presumed to be "adequate" unless the Procurement Officer determines in writing
			 that such competition is not adequate.
(b) Established Market Price means a current
			 price, established in the usual and ordinary course of trade between buyers and
			 sellers, which can be substantiated from sources which are independent of the
			 manufacturer or supplier and may be an indication of the reasonableness of
			 price.
(c) Prices Set by Law or
			 Regulation. The price of a supply or service is set by law or regulation if
			 some governmental body establishes the price that the offeror or contractor may
			 charge the State and other customers.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.13 - Types Of Contracts

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prohibition
			 of Cost-Plus-a-Percentage-of-Cost Contracting. Except for a
			 cost-plus-a-percentage-of-cost contract, which is prohibited by
Code of Ala. 1975
, §
								41-4-143, the use of any type
			 of contract is permissible. Questions of whether a contract type is permitted
			 or prohibited will be determined by the Chief Procurement Officer and such
			 determinations are not subject to review. Permitted contract types include, but
			 are not limited to, the following:
(a) Fixed
			 price contracts (with contract specified adjustments);
(b) Firm fixed-price contracts;
(c) Fixed-price contracts with price
			 adjustment;
(d) Cost-reimbursement
			 contracts;
(e) Allowable Cost
			 Contracts;
(f) Cost-Plus-Fixed Fee
			 Contracts;
(g) Cost Incentive
			 Contracts;
(h) Fixed-Price Cost
			 Incentive Contracts;
(i)
			 Cost-Reimbursement Contracts with Cost
(j) Incentive Fee;
(k) Performance Incentive contracts;
(l) Time and Materials
			 Contracts;
(m) Labor Hour
			 Contracts;
(n) Definite Quantity
			 contracts;
(o) Indefinite Quantity
			 contracts;
(p) Requirements
			 Contracts;
(q) Leases;
(r) Lease with Purchase Option.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.14 - Multi-Year Contracts

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Duration.
			 Multi-year contracts may not exceed five years in duration, including any
			 extensions or renewals, unless determined otherwise in writing by the Chief
			 Procurement Officer.
(2) Multi-Year
			 Contract Procedure.
(a) Solicitation. The
			 solicitation shall state:
1. the amount of
			 supplies or services required for the proposed contract period;
2. that a unit price shall be given for each
			 supply or service, and that such unit prices shall be the same throughout the
			 contract (except to the extent price adjustments may be provided in the
			 solicitation and resulting contract);
3. that the multi-year contract will be
			 cancelled only if funds are not appropriated or otherwise made available to
			 support continuation of performance in any fiscal period succeeding the first;
			 however, this does not affect either the State's rights or the contractor's
			 rights under any termination clause in the contract;
4. whether bidders or offerors may submit
			 prices for:
(i) the first fiscal period
			 only;
(ii) the entire time of
			 performance only; or
(iii) both the
			 first fiscal period and the entire time of performance;
5. that a multi-year contract may be awarded
			 and how award will be determined including, if prices for the first fiscal
			 period and entire time of performance are submitted, how such prices will be
			 compared
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-4 - SPECIFICATIONS › Section 355-4-4-.01 - Definition Of Terms Used In Chapter 4

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Definitions.
(a) Brand Name Specification
			 means a specification limited to one or more items by manufacturers' names or
			 catalogue numbers.
(b) Brand Name
			 or Equal Specification means a specification which uses one or more
			 manufacturer's names or catalogue numbers to describe the standard of quality,
			 performance, and other characteristics needed to meet State requirements, and
			 which provides for the submission of equivalent products.
(c) Qualified Products List means an approved
			 list of supplies or services described by model or catalogue numbers, which,
			 prior to competitive solicitation, the State has determined will meet the
			 applicable specification requirements.
(d) As used in Chapter 4 and related rules,
			 specification means any description of the physical, functional, or performance
			 characteristics, or of the nature of a supply or service. A specification
			 includes, as appropriate, requirements for inspecting, testing, or preparing a
			 supply or service for delivery. Unless the context requires otherwise, the
			 terms "specification" and "purchase description" are used interchangeably
			 throughout the State Procurement Rules.
(e) Specification for a Common or General Use
			 Item means a specification which has been developed and approved for repeated
			 use in procurements.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-4 - SPECIFICATIONS › Section 355-4-4-.02 - Specifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General
			 Purpose and Policies.
(a) Use of Functional
			 or Performance Descriptions.
Specifications shall, to the extent practicable, emphasize
				functional or performance criteria while limiting design or other detailed
				physical descriptions to those necessary to meet the needs of the State. To
				facilitate the use of such criteria, using agencies shall endeavor to include
				as a part of their purchase requisitions the principal functional or
				performance needs to be met.
(b) Preference for Commercially Available
			 Products.
It is the general policy of this State to procure standard
				commercial products whenever practicable. In developing specifications,
				accepted commercial standards shall be used and unique requirements shall be
				avoided, to the extent practicable.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-6 - AUTHORITY TO RESOLVE PROTEST; DEBARMENT AND SUSPENSION; AUTHORITY TO RESOLVE CONTRACT CONTROVERSIES › Section 355-4-6-.01 - Authority To Resolve Protested Solicitations And Awards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Protester.
			 Protester means any bona fide actual or prospective bidder or offeror who is
			 aggrieved in connection with the solicitation or the award of a contract and
			 who files a protest.
(2) Filing of
			 Protest.
(a) When Filed. A protest is
			 considered filed when received by the Chief Procurement Officer.
(b) Subject of Protest. Protesters may file a
			 protest on any phase of solicitation or award including but not limited to
			 specifications preparation, bid solicitation, or award. Protesters may also
			 protest the disclosure of information marked confidential in the bid or offer
			 if the disclosure provided a party with an unfair competitive
			 advantage.
(c) Form. The written
			 protest shall include as a minimum the following:
1. the name and address of the protester and
			 the email address of the protester's representative;
2. appropriate identification of the
			 procurement, and, if a contract has been awarded, its number;
3. a statement of the grounds of the protest
			 and the relief requested with enough particularity to give notice of the issues
			 to be decided; and
4. supporting
			 exhibits, evidence, or documents to substantiate any claims unless not
			 available within the filing time in which case the expected availability date
			 shall be indicated.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-6 - AUTHORITY TO RESOLVE PROTEST; DEBARMENT AND SUSPENSION; AUTHORITY TO RESOLVE CONTRACT CONTROVERSIES › Section 355-4-6-.02 - Authority To Debar And Suspend

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Application. This Rule applies to all debarments or suspensions of persons from
			 consideration for award of contracts imposed by the Chief Procurement
			 Officer.
(2) Suspension.
(a) Initiation. After consultation with the
			 affected Using Agency and, where practicable, the contractor or prospective
			 contractor who is to be suspended, and upon written determination by the Chief
			 Procurement Officer that probable cause exists for debarment as set forth in
Code of Ala. 1975
, §
									41-4-162, a
			 contractor or prospective contractor shall be suspended. A notice of
			 suspension, including a copy of such determination, shall be sent to the
			 suspended contractor or prospective contractor. Such notice shall state that:
1. the suspension is for the period it takes
			 to complete an investigation into possible debarment including any appeals of a
			 debarment decision but not for a period in excess of three months;
2. bids or proposals will not be solicited
			 from the suspended person, and, if they are received, they will not be
			 considered during the period of suspension; and
3. if a hearing has not been held, the
			 suspended person may request a hearing in accordance with Rule 355-4-6-.02(4) (Request for Hearing).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-6 - AUTHORITY TO RESOLVE PROTEST; DEBARMENT AND SUSPENSION; AUTHORITY TO RESOLVE CONTRACT CONTROVERSIES › Section 355-4-6-.03 - Authority To Resolve Contract And Breach Of Contract Controversies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. It
			 is the State's policy to try to resolve all controversies by mutual agreement
			 without litigation. In the event of any dispute between the State and a
			 contractor, senior officials of both parties shall meet and engage in a good
			 faith attempt to resolve the dispute. Should that effort fail, and the dispute
			 involves the payment of money, a contractor's sole remedy is the filing of a
			 claim with the Board of Adjustment of the State of Alabama. For all other
			 disputes arising under the terms of a contract which are not resolved by
			 negotiation, the dispute will be resolved by the Chief Procurement Officer or
			 head of a Purchasing Agency and his or her decision on the dispute will be
			 final. The procedures to be followed for the resolution of disputes shall be
			 prescribed by the Chief Procurement Officer and will depend on the complexity
			 of the matter.
(2) Chief
			 Procurement Officer or Head of a Purchasing Agency's Decision.
(a) Before issuing a final decision, the
			 Chief Procurement Officer or head of a Purchasing Agency shall:
1. review the facts pertinent to the
			 controversy; and
2. secure any
			 necessary assistance from legal, fiscal, and other advisors.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-6 - AUTHORITY TO RESOLVE PROTEST; DEBARMENT AND SUSPENSION; AUTHORITY TO RESOLVE CONTRACT CONTROVERSIES › Section 355-4-6-.04 - Termination of Contracts

Current through Register Vol. 42, No. 9, June 28, 2024
The
				adopted version of this section by
				Alabama
				Administrative Monthly Volume XLI, Issue No. 06, March 31, 2023,
				filed March 20, 2023 is not yet
				available.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.01 - Vendor Registration Application

Current through Register Vol. 42, No. 9, June 28, 2024
Form 1 al0802
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0802.jpg
Form 2 al0803
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0803.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.02 - Request For Quotation

Current through Register Vol. 42, No. 9, June 28, 2024
Form 3 al0804
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0804.jpg
Form 4 al0805
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0805.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.03 - Request For Quotation Addendum

Current through Register Vol. 42, No. 9, June 28, 2024
Form 5 al0806
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0806.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.04 - Invitation To Bid

Current through Register Vol. 42, No. 9, June 28, 2024
Form 6 al0807
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0807.jpg
Form 7 al0808
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0808.jpg
Form 8 al0809
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0809.jpg
Form 9 al0810
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0810.jpg
Form 10 al0811
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0811.jpg
Form 11 al0812
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0812.jpg
Form 12 al0813
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0813.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.05 - Invitation To Bid Addendum

Current through Register Vol. 42, No. 9, June 28, 2024
Form 13 al0814
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0814.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.06 - Purchase Order

Current through Register Vol. 42, No. 9, June 28, 2024
Form 14 al0815
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0815.jpg
Form 15 al0816
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0816.jpg
Form 16 al0817
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0817.jpg
Form 17 al0818
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0818.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.07 - Purchase Order Change

Current through Register Vol. 42, No. 9, June 28, 2024
Form 18 al0819
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0819.jpg
Form 19 al0820
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0820.jpg
Form 20 al0821
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0821.jpg
Form 21 al0822
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0822.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.08 - State Term Contract Award

Current through Register Vol. 42, No. 9, June 28, 2024
Form 22 al0823
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0823.jpg
Form 23 al0824
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0824.jpg
Form 24 al0825
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0825.jpg
Form 25 al0826
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0826.jpg
Form 26 al0827
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0827.jpg
Form 27 al0828
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0828.jpg
Form 28 al0829
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0829.jpg
Form 29 al0830
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0830.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.09 - Agency Term Contract Award

Current through Register Vol. 42, No. 9, June 28, 2024
Form 30 al0831
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0831.jpg
Form 31 al0832
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0832.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.10 - State Term Contract Change

Current through Register Vol. 42, No. 9, June 28, 2024
Form 32 al0833
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0833.jpg
Form 33 al0834
See Form at
				http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0834.jpg
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-5-1 - FORMS › Section 355-5-1-.11 - Agency Term Contract Change

Current through Register Vol. 42, No. 9, June 28, 2024
Form 34 al0835
See Form at
				http://www.alabamaadministrativecode.state.al.usdocs/graphics/aladmn/AL0835.jpg
Ed. Note: Chapter 355-5-1 "Forms" filed September 30,
				  1982. Repealed and new chapter (same title) adopted in lieu thereof: Filed
				  December 6, 1989; effective January 15,
				  1990.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-6-1 - AMENDMENT OF RULES › Section 355-6-1-.01 - Petition For Adoption Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who wishes to propose that the
			 Department Finance adopt, repeal, or amend any rule may do so on the form
			 prescribed by the department and supplied by the department's
			 attorney.
(2) The department shall
			 meet and consider any petition for adoption, repeal, or amendment within sixty
			 (60) days of its submission.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-22-8,
				  41-4-35,
				  41-15-9,
				  41-4-16.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-6-1 - AMENDMENT OF RULES › Section 355-6-1-.02 - Notice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The department
			 shall give at least 35 days' notice of any proposed action on any rule by
			 publication in the
Alabama Administrative Monthly
in compliance
			 with the Alabama Administrative Procedure Act, Section 5(l)(a).
(2) Any person who wishes to receive notice
			 by mail of all proposed actions on rules may do so by requesting such notice
			 from the department's attorney and paying the cost of copying and mailing,
			 which cost shall be set from time to time by resolution of the department. All
			 annual subscriptions begin October 1 and expires September 30.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-22-8,
				  41-4-35,
				  41-15-9,
				  41-4-16.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-6-1 - AMENDMENT OF RULES › Section 355-6-1-.03 - Public Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
The department shall permit all interested persons reasonable
				opportunity to submit data, views, or arguments concerning any proposed rule
				action. Data, views, or arguments submitted in writing must be received by the
				department's attorney at least seven (7) days before the date specified in the
				notice as the day of the public hearing. Those persons wishing to appear to
				present data, views, or arguments orally must submit a request to appear to the
				department's attorney, and such request must be received by the department's
				attorney at least seven (7) days before the scheduled public bearing.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-22-8,
				  41-4-35,
				  41-15-9,
				  41-4-16.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-6-1 - AMENDMENT OF RULES › Section 355-6-1-.04 - Board Decision

Current through Register Vol. 42, No. 9, June 28, 2024
The department shall fully consider all written and oral
				submissions concerning every proposed rule action. Upon adoption of a rule, the
				department, if conflicting views are submitted on the proposed rule, shall
				issue a concise statement of the principal reasons for and against its
				adoption, incorporating therein its reasons for overruling any considerations
				urged against its adoption.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-22-8,
				  41-4-35,
				  41-15-9,
				  41-4-16.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-6-1 - AMENDMENT OF RULES › Section 355-6-1-.05 - Emergency Rules

Current through Register Vol. 42, No. 9, June 28, 2024
In the event the department finds that an immediate danger to
				the public health, safety, or welfare requires adoption of a rule upon fewer
				than 35 days' notice of that action is required by or to comply with a federal
				statute or regulation which requires adoption of a rule fewer than 35 days'
				notice, the department may adopt an emergency rule under the provisions of the
				Administrative Procedure Act, Section 5(2).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-22-8,
				  41-4-35,
				  41-15-9,
				  41-4-16.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-6-1 - AMENDMENT OF RULES › Section 355-6-1-.06 - Compliance With Administrative Procedure Act

Current through Register Vol. 42, No. 9, June 28, 2024
All rules adopted by the department shall otherwise
				substantively and procedurally comply substantially with the provisions of the
				Alabama Administrative Procedure Act.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-22-8,
				  41-4-35,
				  41-15-9,
				  41-4-16.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-7-1 - DECLARATORY RULINGS › Section 355-7-1-.01 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Department of Finance may issue declaratory rulings to any person
			 substantially affected by a rule with respect to the validity of the rule, or
			 with respect to the applicability to any person, property, or state of facts of
			 any rule or statute enforceable by the department, or with respect to the
			 meaning and scope of any order of the department. Such rulings shall be issued
			 provided:
(a) The petitioner shows that
			 he/she is substantially affected by the rule in question.
(b) Sufficient facts are supplied in the
			 request to permit the department to make a valid determination.
(c) The request arises from an actual
			 question or controversy.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-8-1 - DIVISION OF RISK MANAGEMENT › Section 355-8-1-.01 - Authority And Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Creation of this program was directed by Act 94-680, Regular
				Session 1994, Alabama State Legislature. Concurrently, there was established
				the State Employee Injury Compensation Trust Fund, with all receipts deposited
				in the Trust Fund used only to carry out the provisions of Act 94-680. The
				purpose of the Employee Injury Compensation Program is to provide compensation
				for employees of the state and its agencies, departments, boards, or
				commissions, except as excluded by law, who suffer personal injury as a result
				of accidents arising out of and in the course of their state employment. Terms
				and conditions of the Program are to be determined by the Director of Finance,
				State of Alabama. The Program is effective October 1, 1994. The cost of the
				program and its administration will be paid from the funds appropriated for the
				operation of state departments, agencies, boards and commissions, to which the
				Director of Finance may apportion the cost.
Author:
Statutory Authority:
Code of Ala.
				  1975
, Act 94-680, Regular Session.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-8-1 - DIVISION OF RISK MANAGEMENT › Section 355-8-1-.06 - Compensation For Occupational Exposure To Radiation

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Definitions. For the purposes of this
			 article, the following terms shall have the meanings respectively ascribed to
			 them by this section:
(1)
Occupational Exposure to Radiation
. Gradual exposure
			 to radiation over a period of time from the use of or direct contact with
			 radium, radioactive substances, roentgen rays (x-rays) or ionizing radiation,
			 arising out of and in the course of the employment and resulting from the
			 nature of the employment in which the employee is engaged, without regard to
			 whether or not said exposure is inherent in the employment or can be eliminated
			 or reduced by due care on the part of the employer.
(2)
Nature of
			 Employment
. Such term shall mean that, as to the industry in which
			 the employee is engaged, there is attached a particular hazard of such exposure
			 that distinguishes it from the usual run of occupations and is in excess of the
			 hazards of such exposure attending employment in general.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.01 - Creation Of Office Of Indigent Defense Services ("OIDS")

Current through Register Vol. 42, No. 9, June 28, 2024
The Office of Indigent Defense Services (known hereinafter as
				"OIDS") was created as a division of the Alabama Department of Finance by the
				legislature by Act 2011-678 ("the Act"). The purpose of OIDS is to administer
				the system of defense for criminal defendants or juveniles found by a court to
				be unable to pay for legal representation in a trial or appellate
				proceeding.
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.02 - Director Of OIDS

Current through Register Vol. 42, No. 9, June 28, 2024
OIDS shall have a director ("the Director"), chosen by the
				Director of Finance as set out in §
								41-4-322(b) of the Code of Alabama, as amended. The Director shall be responsible to
				develop standards governing the provision of legal representation to indigents.
				The standards are set out in §
								41-4-322(c),
				as amended. The method or methods for delivering indigent defense services
				shall be determined as provided in §
								41-4-322(d),
				as amended.
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.03 - Availability Of Records In The Custody And Control Of OIDS

Current through Register Vol. 42, No. 9, June 28, 2024
Requests for the inspection and copying of records maintained
				in the custody and control of OIDS may be made in person or by mail, addressed
				to the Director at 100 North Union Street, Suite 680, Montgomery, Alabama
				36104. All rules promulgated by OIDS, as well as all final orders, decisions,
				and opinions issued, if any, shall be made available for public inspection and
				copying, at cost, at the address set out above. Documents posted on the OIDS
				website and available for download, may be downloaded and printed at no cost by
				the public.
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.04 - Time Limit For Submission Of Attorney Fee Declaration To OIDS

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with §
								15-12-21(e) of the Code of Alabama, appointed counsel shall submit a bill for services
				rendered no more than 90 days after the conclusion of the trial or ruling on a
				motion for a new trial or after acquittal or other judgment disposing of the
				case. The 90 day statutory period shall begin to run at the later of the
				following -
(1) acquittal of the
			 defendant or
(2) at sentencing of
			 the defendant or subsequent order of the Court that disposes of any remaining
			 issues not addressed at sentencing, i.e. probation, restitution, etc. or
(3) the trial court's ruling on
			 any post-judgment motion filed by either the prosecution or the defendant which
			 ruling starts the time for filing a notice of appeal under Alabama law or rules
			 of court or
(4) the trial court's
			 granting of a motion to withdraw or order removing counsel from representation
			 in the matter.
(a) Attorneys appointed to
			 represent defendants in capital murder cases may submit fee declarations on a
			 semi-annual basis for interim payment of work performed and expenses incurred
			 during the semi-annual period. An attorney seeking interim payment must include
			 a written notice with the fee declaration informing OIDS of the semi-annual
			 billing and upload a copy of each prior interim billing submitted for that
			 case.
(b) In juvenile cases, the
			 disposition date for the case shall be date of the judge's final order of
			 adjudication or the date of the final disposition hearing or the date of the
			 judge's order disposing of all post-trial motions or hearings, whichever date
			 is the latest.
(c) Fee declarations
			 for dependency cases must be submitted to OIDS within 90 days of the judge's
			 final order of adjudication of dependency. OIDS will accept fee declarations
			 for post-adjudication proceedings such as review hearings or permanency
			 determinations annually.
(d) Fee
			 declarations must be submitted within 90 days of the date a judge grants a
			 timely filed motion to withdraw from a case.
(e) Appointed counsel may submit a fee
			 declaration before final disposition on any case that is assigned to a court's
			 administrative docket or 60 days following a defendant's "Failure to Appear" or
			 if bound over to the Grand Jury without action after one year. The fee
			 declaration must be submitted to OIDS prior to the case being placed on an
			 active docket to receive payment before final disposition. The 90 day
			 requirement does not apply where there has been no final disposition.
(f) The failure of appointed counsel to
			 submit a fee declaration within the 90-day period, as set out above, shall
			 result in the denial of payment by OIDS. An attorney adversely affected by OIDS
			 action with respect to the 90-day period may seek relief, as set out in
			 355-9-1-.05.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.05 - Dispute Resolution Process Regarding Attorney Fee Declaration

Current through Register Vol. 42, No. 9, June 28, 2024
Any dispute regarding the compensation due to be paid to an
				appointed attorney shall first be submitted in writing as a request for
				reconsideration by the attorney to the Director. Should the Director's decision
				with respect to the request for reconsideration be adverse to the appointed
				attorney, the appointed attorney may seek relief for the amount of compensation
				by filing a claim with the State Board of Adjustment in accordance with its
				statutes and rules, as found at Code of Ala. 1975, §
								41-9-60 et
				seq. and at
www.bdadj.alabama.gov
,
				respectively.
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.06 - Billing Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
			 Time recorded on a fee itemization submitted with a fee declaration form shall
			 be in increments of 0.10 hours (six minutes), as follows:
1 to 6 minutes - 0.1 hours
7 to 12 minutes - 0.2 hours
13 to 18 minutes - 0.3 hours
19 to 24 minutes - 0.4 hours
25 to 30 minutes - 0.5 hours
31 to 36 minutes - 0.6 hours
37 to 42 minutes - 0.7 hours
43 to 48 minutes - 0.8 hours
49 to 54 minutes - 0.9 hours
55 to 60 minutes - 1.0 hours
(b) Opening, closing, and final billing of a
			 case file will be paid a maximum of 0.5 hours in total. Should the total time
			 for the aforementioned activities exceed 0.5 hours due to circumstances beyond
			 the control of the attorney or for other reason, the attorney may petition the
			 director to approve payment of time in excess of 0.5 hours.
(c) Time spent by qualified law clerk or
			 paralegal working at the direction of appointed counsel must be billed at the
			 paralegal rate of $20.00 per hour.
(d) An Attorney other than appointed comlsel
			 may bill at the statutory rate on the indigent matter provided that;
(1) the attorney is working at the direction
			 of appointed counsel;
(2) the
			 attorney's assistance was required by circumstances beyond the control of
			 appointed counsel and
(3) the name
			 of the attorney must be noted on the fee declaration.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.07 - Employment Of Experts, Court Reporters, And Investigators

Current through Register Vol. 42, No. 9, June 28, 2024
All requests for experts, court reporters, and investigators
				(known collectively herein as "providers" or individually as "provider") must
				be approved in advance by an order from the trial judge before they perform any
				work or services. The date at which the provider(s) can begin to perform work
				or services to be paid by the State of Alabama is the date on which the trial
				judge signs the order granting the request. In order to effect payment for work
				and services performed by provider(s), the following procedure must be
				followed:
(a) The appointed attorney
			 must have filed a motion requesting the services of a provider and the trial
			 judge must have issued an order approving each request.
(b) The appointed attorney must complete a
			 certification that the work or service submitted for payment has been performed
			 and completed.
(c) Each provider
			 must file a Professional Services Fee Declaration (Form PFD-1) with a copy of
			 the court order, the attorney certification, and an itemized invoice attached
			 thereto. If the court's order is not specific as to the nature of the services
			 to be performed or as to payment terms for the provider, the provider must
			 attach a copy of the attorney's motion requesting the services.
(d) Fees to providers may be paid on an
			 interim basis.
(e) Payment of
			 expenses related to the employment of Experts, Investigators and Court
			 Reporters will be in accordance with Alabama Law and the State of Alabama
			 Fiscal Policy and Procedure Manual.
(f) Note regarding court reporters -in-court
			 appearance fee for a court reporter is not payable from the Fair Trial Tax fund
			 and should not be submitted to OIDS for payment. Court reporters are paid in
			 accordance with Alabama Rules of Judicial Administration (ARJA) Rule 29(B) and
			 the court reporter must file a Court Reporter Fee Declaration (Form
			 C-62C).
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.08 - Indigent Defense Advisory Boards; Required Attorney Qualifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Act 2011-678
			 established an Indigent Defense Advisory Board ("the Board") in each judicial
			 circuit. Under the Act, the Board is directed to, among other things, determine
			 the method of delivering indigent defense services to be used in its respective
			 circuit, which methods of delivery may include, but are not limited to, the use
			 of appointed counsel, contract counsel, or public defenders or a combination of
			 any of these. In choosing the method of delivery of indigent defense services
			 for a judicial circuit, the Board "shall select the most efficient and
			 effective counsel system available in each county or circuit, or parts of the
			 county or circuit." (See
Code of Ala. 1975
, §
								41-4-322(d).)
			 In order to provide the most efficient and effective indigent defense services,
			 either by the appointment of counsel by a judge or the selection of counsel
			 under contract by the Board, the following qualifications are mandatory:
(a) Each attorney appointed or selected to
			 provide indigent defense representation must -
1. Be a member in good standing with the
			 Alabama State Bar, and
2. Must
			 complete a minimum of six (6) hours per year of continuing legal education
			 credits, approved by the Alabama State Bar, in criminal law beginning after the
			 attorney is appointed or selected.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.09 - Recoupment Of Attorney Fees

Current through Register Vol. 42, No. 9, June 28, 2024
- If the court determines that the defendant is, or will be,
				able to reimburse the State of Alabama for the full or partial cost of legal
				services provided, the court may order payment of said cost, or a portion
				thereof, to the circuit clerk's office. The amount to be paid by defendant
				shall be the actual amount ordered by the court or, if no amount is stated in
				the court's order, the following amount:
Class A Felony
$1,000.00
Class B. Felony
$ 750.00
Class C Felony
$ 500.00
Juvenile
$ 500.00
Misdemeanor/Probation
revocation
$ 250.00
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.10 - Caseload Management Standards

Current through Register Vol. 42, No. 9, June 28, 2024
It is the policy of OIDS, in accordance with the Act, that the
				caseload of counsel providing legal services to indigent defendants should
				allow each lawyer to give each client the time and attention necessary to
				ensure effective representation. In order to assure that caseloads are managed
				adequately so that the quality of legal representation for indigent criminal
				defendants is not compromised, the following caseload standards are adopted for
				those attorneys representing indigent criminal defendants, and should not be
				exceeded:
(a) Two hundred (200) felony
			 cases per attorney per year; OR
(b)
			 Four hundred (400) misdemeanor and traffic offense cases per attorney per year;
			 OR
(c) Two hundred (200) juvenile
			 offender cases per attorney per year; OR
(d) One hundred (100) open juvenile
			 dependency cases per attorney per year; OR
(e) One hundred (100) GAL cases per attorney
			 per year; OR
(f) Thirty-six (36)
			 appeals to an appellate court considering a case on a record and on briefs per
			 attorney per year.
It is expected that an attorney will handle cases in more than
				one of the types set out in (a) through (f), above. However, in any year, an
				attorney should not accept a caseload of any combination of the types set out
				above that, due to the volume of cases, compromises the ability of the attorney
				to render quality representation.
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.11 - Minimum Qualifications And Requirements For A Public Defender

Current through Register Vol. 42, No. 9, June 28, 2024
Should a Board determine that the method for delivering
				indigent defense services in its county or circuit is by the establishment of a
				Public Defender's office and the selection and appointment of a Public
				Defender, it shall do so in accordance with the Act. The minimum qualifications
				and requirements for the position of Public Defender shall be:
(a) The individual sought to be appointed
			 must be a member in good standing with the Alabama State Bar and any other bar
			 association of which the individual is a member;
(b) The individual sought to be appointed
			 must have a minimum of eight (8) years of criminal practice experience,
			 preferably with criminal trial experience;
(c) The individual sought to be appointed
			 must have the ability to effectively administer the Public Defender's
			 office;
(d) The individual sought
			 to be appointed may not practice before a judge in the same county or judicial
			 circuit within the 4th degree of consanguinity (first cousin),
			 inclusive;
(e) The individual
			 sought to be appointed must become a resident of the county or circuit in which
			 he or she will serve as Public Defender within 90 days of taking
			 office.
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-9-1 - OFFICE OF INDIGENT DEFENSE SERVICES › Section 355-9-1-.12 - Standards For Establishing Contract Counsel System

Current through Register Vol. 42, No. 9, June 28, 2024
Should a board determine that the method for delivering
				indigent defense services in its county or circuit is by the establishment of a
				Contract Counsel System, it shall do so in accordance with the Act and
				consistent with these rules. The selection process shall be determined by the
				Board consistent with the qualifications enumerated in the Act and these rules.
				All Contracts are to be negotiated and attorneys selected by the Board, subject
				to the approval of the Presiding Circuit Judge and the
				Director.
Author:
C. Roberts
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-322(h).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-10-1 - CONSTRUCTION INDUSTRY CRAFT TRAINING FEES › Section 355-10-1-.01 - Applicabi1ity

Current through Register Vol. 42, No. 9, June 28, 2024
The following procedures and fees are applicable to
				construction authorized on the issuance of any nonresidential construction
				building permit issued by any county, city, town or other political subdivision
				of this state. Nonresidential construction shall include the construction,
				alteration, maintenance, repair, rehabilitation, remediation, reclamation, or
				demolition of any building, highway, sewer, structure, sitework, grading,
				paving or project or any improvement in the State of Alabama, including
				projects where a single trade is involved, signs, and swimming pools over
				$5000, but shall specifically exclude the following:
(a) Any single family residence.
(b) Any building for residential occupancy
			 that is less than three floors in height and which does not have more than four
			 units.
(c) Townhouses.
(d) Single-family residential swimming
			 pools.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-410(1).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-10-1 - CONSTRUCTION INDUSTRY CRAFT TRAINING FEES › Section 355-10-1-.02 - Collection Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
Subsequent to October 1, 2016, a construction industry craft
				training fee shall be collected in the amount of one dollar ($1) per each one
				thousand dollars ($1000) of construction authorized on the issuance of any
				nonresidential construction building permit issued by any county, city, town or
				other political subdivision of this state to the prime contractor. The craft
				training fee shall not be collected on the following.
(a) Permits to subcontractors or single-trade
			 permits only when the value of the subcontracted work or single trade is
			 included in the permit fee collected from the prime contractor.
(b) Permits for which a fee is not charged or
			 has been specifically waived by the municipality or other political subdivision
			 of the state such as signs, municipal projects, churches, and charitable
			 organizations
(c) Permits for
			 utility structures and cell towers
(d) Permits for industrial development
			 projects where the permit fee is specifically waived by a singed project
			 agreement
(e) Permits for YMCA
			 projects which are specifically exempted per the
Code of Ala.
			 1975
, Title 40, Section
			 40-9-9
(f) Permits for which the permit
			 application was received by the municipality or political subdivision prior to
			 October 1, 2016.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-413(a).