reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Board Approved
			 Continuing Education Provider: An individual; partnership; association;
			 organization; educational institution; or governmental agency, offering
			 continuing education for heating and air conditioning, and refrigeration
			 contractors that meet Board criteria for approval and are assigned an issued a
			 Provider ID by the Board.
(2) Board
			 Approved Continuing Education Instructor: May be a certified HVAC contractor,
			 certified refrigeration contractor, industry expert professional, or otherwise
			 qualified individual. When the instructor is not a certified contractor, there
			 shall be evidence of knowledge, skill, and experience of the heating, air
			 conditioning and refrigeration industry.
(3) Board Approved Continuing Education
			 Course: A course that meets the definition of continuing education and has been
			 approved by the Board to be administered by a board approved provider. A course
			 may be a program of multiple sessions or a single session lasting at least two
			 hours.
(4) Continuing Education:
			 Planned, organized learning experiences designed to augment the knowledge,
			 skill, and ability to enhance the knowledge of a certified contractor and
			 therefore improve the installation, service or repair of HVAC or commercial
			 refrigeration equipment to the consumer.
(5) Continuing Education Hours: Unit of
			 measurement of continuing education that meets Board criteria for approval and
			 lasts at least two hours.
(6)
			 Provider ID: A permanent, nontransferable number assigned by the Board to
			 designate an approved provider.
(7)
			 Education Committee: An annually designated committee consisting of at least
			 one Board member and the executive director that assist in the review and
			 continuation of the Board's continuing education program and prelicensure
			 program.
Author:
Jeffrey M. Becraft
Statutory Authority
:
Code of Ala.
				  1975
, § 31-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.02 - Continuing Education General Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All certified contractors shall be
			 individually accountable for continued competence to renew annually.
(2) The Board may prescribe additional
			 continuing education courses as disciplinary action.
(3) All certified contractors shall meet
			 continuing education requirements as stated in Section
			 34-31-26
Code of Ala. 1975
.
(4) Continuing education is not required for
			 the first year a contractor holds a certification.
(5) Failure to complete the minimum
			 continuing education requirements before November 1st annually will prevent the
			 renewal of a certified contractor's license until proof of compliance is
			 submitted to the Board.
(6) Units
			 of measure for continuing education in hours. One hour equals at least 50
			 minutes.
(7) Continuing education
			 hours are awarded in increments of two hours not to exceed eight
			 hours.
(8) Certified contractors
			 may roll over up to four hours on an annual basis.
(9) The Board may accept continuing education
			 earned from an alternative continuing education provider by submitting a
			 request for approval of non-traditional continuing education.
(10) Continuing education courses and
			 activities may not be repeated within the earning period for credit.
(11) Proof of compliance with the continuing
			 education requirements must be submitted to the Board before November 1st
			 annually.
Rule .01 was renumbered .02 per certification published May
				  31, 2022; effective July 15, 2022.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, § 31-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.03 - Deficiency

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may implement a continuing education credit hour
				deficiency policy in the event a certified contractor cannot submit their
				continuing education hours before November 1 annually. A contractor must appeal
				in writing for Board approval for a continuing education credit hour deficiency
				extension after November 1st but before January 1st annually. The written
				appeal must outline in detail the contractors plan, including intended date of
				completion, before consideration will be given.
The fee for deficiency approval may not exceed one hundred
				dollars ($100).
All applications for a continuing education deficiency
				extension must be received by the Board prior to December 30, of the year in
				which the license certification was to be renewed. Late fees will apply if the
				deficiency extends past December 31 annually.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, § 31-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.04 - Education Committee

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board may designate an Education Committee on an annual basis to assist in
			 the development of a curriculum of courses each year. The Board may charge fees
			 for reviewing continuing education providers, courses, instructors, and
			 non-traditional continuing education course applications to the
			 applicant.
(2) The Education
			 Committee shall be tasked with the following duties:
(a) Approve all pre-licensure curricula
			 applications;
(b) Approve
			 apprentice/technician curricula;
(c) Approve or deny course applications that
			 meet the requirements for Board Approved Continuing Education Course;
(d) Approve or deny provider applications
			 that meet the requirements for Board Approved Continuing Education
			 Providers;
(e) Approve or deny
			 instructor applications that meet the requirements for Board Approved
			 Continuing Education Instructors;
(f) Approve or deny applications for
			 non-traditional continuing education.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.05 - Qualifications And Standards For Board Approved Providers And Instructors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An application
			 for approval as a Board approved provider of continuing education shall submit
			 to the Board the required fee and a complete application that demonstrates:
(a) An organized plan for quality continuing
			 education for heating and air conditioning or refrigeration
			 contractors;
(b) The mission and
			 objectives of the provider;
(c)
			 Policies and procedures for implementation and evaluation of the educational
			 programs and the educational unit;
(d) An identifiable educational unit with
			 designated qualified personnel and resources for conducting an organized plan
			 of continuing education.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.06 - Application For Continuing Education Course Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An application for course approval from
			 an approved provider of continuing education shall be submitted to the Board
			 with the required fee.
(2) The
			 Board will consider proposed courses and curricula for approval only after a
			 review of the proposal by the Board's Education Committee. Requests for
			 approval of proposed courses and curricula shall contain:
(a) Detailed information regarding the
			 instructors to be used;
(b) The
			 proposed facilities or platform, including equipment to be utilized in
			 instruction;
(c) A detailed course
			 syllabus, which shall include a sufficient description of the planned
			 instruction, resource materials, and textbooks involved in the
			 instruction;
(d) The number of
			 contact hours and continuing education hours requested.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.07 - Denial Of Application For Course Or Curricula; Request For Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board may deny any education related application that fails to meet the
			 established standards of the Board or which the Board considers inadequate to
			 properly educate its certified contractors. The Board may consider requests for
			 reconsideration for applications which have been denied upon a submission of a
			 written request to the Board.
(2)
			 Upon approval of a proposed course or curriculum by the Board, the Board shall
			 require the Board approved provider to execute a written agreement to conduct
			 the Board approved course and curriculum in accordance with the terms of the
			 Board's approval process. This agreement shall be signed by the applicant for
			 course and curriculum approval.
Rule .05 was renumbered .07 per certification published May
				  31, 2022; effective July 15, 2022.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, § 31-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.08 - Revocation, Suspension, Termination Of Course Or Curricula

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may revoke, suspend, or
			 terminate any provider, course, instructor, or curriculum approval if the Board
			 determines that a course provider or curriculum has failed to comply with the
			 Rules of the Board or its education requirements or has failed to comply with
			 its written agreement regarding conduct of the approved course or
			 curriculum.
(2) The Board may
			 request that a course provider reapply to the Board for approval if the
			 provider has not held any classes for continuing education credit or submitted
			 a roster to the Board for a period of four years. The provider will be required
			 to submit a new application along with all appropriate fees to the Board for
			 approval prior to holding a class for continuing education credit.
Rule .07 was renumbered .08 per certification published May
				  31, 2022; effective July 15, 2022.
Author: Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, § 31-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.09 - Over 65 Years Of Age Exemption From Continuing Education Requirements For Inactive Contractors Only

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any INACTIVE contractor who is 65 years of age or older is exempt from
			 continuing education requirements. The inactive contractor is not eligible for
			 this exemption until the year after they turn 65 years old. This exemption does
			 not apply for the year in which the inactive contractor turns 65 years old.
(a) Example:
(1) If the inactive contractor is 64 on
			 January 1, 2010 and turns 65 on January 2, 2010 the inactive contractor does
			 not qualify for the exemption for the 2010 licensing year, however the inactive
			 contractor will qualify for the exemption during the renewal period for the
			 2011 licensing year.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR › Section 440-X-4-.10 - First Year Continuing Education Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
A certified contractor is not required to obtain four (4)
				hours of continuing education hours to renew their license for the first
				renewal year following the year he or she received their initial
				license.
Authors:
Jeffrey Becraft, Kathy S. Byrom
Statutory Authority:
Code of Ala.
				  1975
, § 31-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS › Section 440-X-5-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Minimum Standard: The basic or minimum
			 requirements allowable by the Board as it pertains to the installation,
			 service, and repair of residential and commercial heating and air conditioning,
			 and commercial refrigeration equipment.
(2) Installation: The act of installing,
			 placing, or permanently affixing residential and commercial heating and air
			 conditioning, and commercial refrigeration equipment.
(3) Service: The act of performing routine
			 maintenance to or on residential and commercial heating and air conditioning,
			 and commercial refrigeration equipment.
(4) Repair: The act of fixing or mending
			 residential and commercial heating and air conditioning, and commercial
			 refrigeration equipment.
(5)
			 Certification Number: A unique number assigned to each heating and air
			 conditioning contractor entity, or refrigeration contractor entity upon
			 issuance of a certification.
(6)
			 Business Name: The company name printed on the certification under which any
			 entity is certified by this Board.
(7) Residential Heating and Air Conditioning
			 System:
A heating and/or cooling apparatus consisting of an air heating
				and/or cooling fixture from pipes, plenums, or blowers including any accessory
				and equipment installed in a one or two person dwelling for the use of human
				comfort as defined in the International Residential Code.
(8) Commercial Heating and Air Conditioning
			 System:
A heating and/or cooling apparatus consisting of an air heating
				and/or cooling fixture from pipes, plenums, or blowers including any accessory
				and equipment installed in a commercial structure or building for the use of
				human comfort as defined in the International Building Code.
(9) Commercial Refrigeration System: The use
			 of mechanical or absorption equipment to control temperature, humidity, or
			 both, in order to satisfy the intended use of a specific space, other than for
			 human comfort person as defined in Section 34-31-18(10),
Code of
			 Ala. 1975
.
Previous Rule No. 440-X-3-.01 was renumbered 02, and Replaced
				  as New Rule .01, Definitions, as per certified published November 30, 2022;
				  effective January 4, 2023.
Author:
Jeffrey M. Becraft
Statutory Authority
:
Code of Ala.
				  1975
, §
										34-31-21(g).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS › Section 440-X-5-.02 - Minimum Standards For Installation, Service Or Repair Of Residential And Commercial Heating And Air Conditioning, And Commercial Refrigeration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to Section 34-31-2 l(g),
Code of Ala. 1975
, the Board adopts the following
			 minimum standards for the installation, service or repair of residential
			 heating and air conditioning system, and all certified heating and air
			 conditioning contractors shall comply with the minimum standards required by:
(a) ACCA/Manual J as described in Load
			 Calculation for Residential Winter and Summer Air Conditioning;
(b) ACCA/Manual D as described in Duct Design
			 for Residential Winter and Summer Air Condition and Equipment
			 Selection;
(c) International
			 Residential Code; including appendices;
(d) International Fuel Gas Code;
(e) NFPA 70 National Electrical
			 Code;
(f) NAIMA Fibrous Glass Duct
			 Construction;
(g) SMACNA HVAC Duct
			 Construction Standards, Metal and Flexible
(h) ACCA, Trane, or equivalent
			 ductulators;
(i) NASLCA Contractors
			 Guide to Business, Law and Project Management
(j) Brand specific manufacturers installation
			 instructions;
(k) Any minimum
			 standards required and described by applicable local, State, and Federal codes
			 or ordinances, as well as any and all applicable Alabama agencies, Board's and
			 Commissions' rules and regulations. Where there is conflict between the minimum
			 standards adopted by the Board and the applicable local, State, or Federal
			 codes or ordinances or any applicable Alabama agency, Board or Commission's,
			 rules and regulations, the most restrictive will govern;
(l) ADC Flexible Air Duct
			 Standards.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS › Section 440-X-5-.03 - Compliance With Updated Or Amended Versions

Current through Register Vol. 42, No. 9, June 28, 2024
All certified contractors shall be required to provide the
				Board, if requested, a copy of the heat gain, heat loss, duct sizing, gas
				piping calculations drawings or other information used by the certified
				contractor or concerning the installation, service, and repair of heating, air
				conditioning or refrigeration systems by the certified
				contractor.
Previous Rule .02 was renumbered .03 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21(g).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS › Section 440-X-5-.04 - Obligation To Furnish Information Regarding Installation, Service, Or Repair Of A Residential Or Commercial Heating And Air Conditioning System Or Commercial Refrigeration System

Current through Register Vol. 42, No. 9, June 28, 2024
All certified heating and air conditioning contractors and
				certified refrigeration contractors shall be required to provide the Board,
				upon request, a copy of all heat gain, heat loss, duct design plans, gas piping
				plans, other load calculations, or drawings, and any information used by the
				certified contractor pertaining to the installation, service, and/or repair of
				residential or commercial heating, air conditioning systems, and/or commercial
				refrigeration systems.
Previous Rule .03 was renumbered .04 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21(g).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS › Section 440-X-5-.05 - Gas Connections

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certified
			 heating and air conditioning contractors, who do not hold the appropriate gas
			 fitters license when performing work on heating, air conditioning or
			 refrigeration systems involving gas connections, shall work only the gas piping
			 after the shut off valve to the unit located ahead of all controls.
(2) Certified heating and air conditioning
			 contractors shall conform and abide by all city, county, and state codes
			 regarding permits, licenses, and inspections for gas appliance, installation
			 and change outs.
Previous Rule .04 was renumbered .05 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21(g).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS › Section 440-X-5-.06 - Heating Air Conditioning Systems In Modular Or Manufactured Housing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any heating and air conditioning system
			 installation, service, or repair in a previously inspected modular or
			 manufactured housing, by the Alabama Manufactured Housing Commission; is under
			 contractual agreement between the owner of the structure and the certified
			 contractor and is within the regulatory authority of the Board. Any individual
			 performing such work is required to be certified by the Board.
(2) The Board will refer complaints involving
			 heating and air conditioning systems in newly titled modular or manufactured
			 housing to the Alabama Manufactured Housing Commission established by Alabama
			 law.
(3) The Board will investigate
			 all illegal or uncertified individuals involved in the installation service, or
			 repair of a heating and air conditioning system performed in a previously
			 inspected modular or manufactured home.
Previous Rule .05 was renumbered .06 as per certification
				  published November 30, 2022; effective January 14,
				  2023.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-21(g).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS › Section 440-X-5-.07 - Display Of Certification Number And Business Name

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every certified contractor shall display
			 in a prominent, legible manner, The State of Alabama Board of Heating, Air
			 Conditioning and Refrigeration Contractor's certification number and company
			 name on all service and/or installation vehicles used in conjunction with heat
			 and air conditioning contracting. The company name and Alabama certification
			 number shall:
(a) Be at least two inches in
			 height;
(b) Be displayed on at
			 least two sides of the vehicle;
(c)
			 Display the phrase "AL Number"; "AL No."; or "AL#" immediately before the
			 certification number in equal sized print.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.02 - Violations Of State Law And Rules Of The Board Of Heating, Air Conditioning And Refrigeration Contractors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All entities, municipality, county, or
			 state official charged with the duty of issuing mechanical or similar permits
			 shall report to the Board the name and contact information of any individual in
			 violation of Alabama law and/ or the rules and regulations set forth by the
			 Board of Heating, Air Conditioning and Refrigeration Contractors.
(2) The Board may reprimand, fine, probate,
			 or suspend the license of a certified contractor and/or otherwise discipline a
			 contractor engaging in the business of heating and air conditioning or
			 refrigeration installation, service, or repair.
Original Rule .01 was renumbered .02 per certification
				  published November 30, 2021; effective: January 14,
				  2022.
Authors:
Jeffrey M. Becraft; Ellen
				  Leonard
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-21;
				  34-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.03 - Investigative Committee

Current through Register Vol. 42, No. 9, June 28, 2024
The Investigative Committee shall be comprised of at least one
				Board member; the executive director of the Board; and the Board's attorney.
				The Board shall name the Board member to serve on the Investigative Committee
				on an annual basis.
(1) No Board
			 members shall serve more than two (2) consecutive complete annual terms on the
			 Investigative Committee.
(a) The Board
			 Chairman shall have the power to replace or remove the designated Board member
			 serving on the Investigative Committee due to any vacancy in the Board member
			 position caused by any reason.
(b)
			 The Board Chairman or Executive Director may name a Board member to serve as a
			 substitute appointment to the Investigative Committee for any specific
			 investigation or complaint in which the Board member has recused themselves or
			 is disqualified from participating due to a conflict of interest, including
			 involvement in the investigation as a possible witness to the facts.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.04 - Initiation Of Compliance Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may initiate investigations, as
			 it deems appropriate, to determine compliance with state law and the rules and
			 regulations of the Board including the competency, ability, and integrity of an
			 individual certified or registered by the Board.
(2) The Board shall consider consumer
			 complaints which must include the following:
(a) The name of the certified
			 contractor.
(b) The name and
			 contact information (telephone number, email address, etc.) of the
			 complainant.
(c) Specific
			 allegation(s) which, if substantiated through investigation, would constitute
			 violation(s) of the Board of Heating, Air Conditioning & Refrigeration Law
			 (
Code of Ala. 1975
, §
									34-31-18,
			 et. seq.) or the Alabama Board of Heating, Air Conditioning & Refrigeration
			 Administrative Code (Rules and Regulations).
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.05 - Action Following Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
The investigative committee or its designee shall have the
				power to act on the report of the investigation as follows:
(1) Dismiss a complaint with a letter of
			 closure If following its investigation, the Investigative Committee determines
			 that no probable cause exists to proceed with disciplinary action, the
			 compliance investigation shall be terminated, and the investigation
			 closed.
(2) Offer a settlement
			 agreement which may include a public reprimand, private reprimand, probation,
			 suspension and/or fines.
(3)
			 Private reprimand
(4) Public
			 reprimand
(5) Suspension of
			 certification for a Specified Period of Time
(6) Revocation of Certification.
(7) Accept voluntary surrender of a license
			 of a certified contractor.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										31-31-32.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.06 - Informal Disciplinary Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may offer an informal
			 settlement to any individual involved in an investigation to resolve the
			 administrative complaint or investigation by the Board. Neither the Board nor
			 any other party is obligated or required to use informal settlement procedures
			 or to participate in informal settlement negotiations and any informal
			 settlement shall be to terms that are negotiated to be in the best interest of
			 the Board and the public and shall not become final until ratified and approved
			 by the Board. All informal settlement agreements ratified and approved by the
			 Board shall be incorporated by reference in the official minutes of the
			 Board.
(2) The Board may issue a
			 public reprimand that may be published online or in the annual
			 newsletter.
(3) The Board may issue
			 a private reprimand that is sealed to the public.
Author:
Jeffrey M. Becraft
Statutory Authority:
Code of Ala.
				  1975
, §§
										31-31-31.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.07 - Administrative Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(l)
			 When the Investigative Committee recommends a suspension or revocation, the
			 certified contractor is entitled to a hearing.
(2) At least twenty days prior to the
			 administrative hearing, an administrative complaint shall be served on the
			 certified contractor as follows:
(a) Personal
			 service made by a Board Compliance Officer.
(b) If the certified contractor out of state,
			 evades service, or cannot be served personally, service shall be made by
			 registered or certified mail to the last known post office mailing address
			 shown on the records of the Board.
(c) If the certified contractor is
			 represented by an attorney who has filed a notice of appearance with the Board,
			 service shall be made on the attorney personally or by registered or certified
			 mail.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.08 - Decision Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Based upon the evidence presented at the administrative hearing or pursuant to
			 informal disposition, the Board may take one or more of the following actions:
(a) Dismiss the administrative complaint in
			 its entirety or any alleged violation in the complaint.
(b) Find the respondent not guilty of any or
			 all the violations alleged in the administrative complaint.
(c) Find the respondent guilty of any or all
			 the violations alleged in the administrative complaint. If the Board finds the
			 respondent guilty of one or more of the violations alleged in the
			 administrative complaint, the Board may take one or more of the following
			 disciplinary actions against the respondent:
1. Reprimand the respondent.
2. Require additional continuing education
			 hours.
3. Suspend the respondent's
			 certification.
4. Revoke the
			 respondent's certification.
5. Levy
			 a fine not to exceed $2,000.00 per violation.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.09 - Subpoenas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The attendance
			 of witnesses may be required by subpoena. The Chairman of the Board or the
			 Board's Hearing Officer may grant a request for a subpoena upon a showing that
			 the evidence sought is necessary, relevant, and material to the administrative
			 hearing or investigation by the Board. The subpoena may be issued by the
			 Chairman of the Board, the Board's Hearing Officer, or other person designated
			 by the Board.
(2) The production of
			 documentary evidence may also be required by subpoena. These subpoenas may be
			 issued according to the same requirements and conditions for those subpoenas to
			 compel the attendance of witnesses.
(3) Subpoenas shall be served in accordance
			 with the Alabama Rules of Civil Procedures.
(4) Witnesses summoned to appear shall be
			 paid the same as state court fees and mileage expenses that are paid to
			 witnesses appearing in the courts of Alabama. These witness fees and mileage
			 expenses shall be paid by the party seeking the appearance of the witness.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-32;
				  34-31-33.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.10 - Failure Of A Party To Appear

Current through Register Vol. 42, No. 9, June 28, 2024
If a party fails to appear at a hearing after being given
				notice of the hearing as required by these Rules, the Board or the Board's
				Hearing Officer may proceed with the hearing in the absence of the
				party.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-32;
				  34-31-33.
Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS › Section 440-X-6-.12 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may,
			 in its discretion, issue a written public or private reprimand or remove,
			 revoke, or suspend the certification of any certified contractor who provides
			 substandard or dangerous service, repair, or installation, or who otherwise
			 violates state law or the rules and regulations of the Board.
(2) The issuance of two or more written
			 letters of public reprimand to a certified contractor may serve as probable
			 cause for the Investigative Committee to proceed with administrative charges to
			 seek the revocation or suspension of the contractor's certification by the
			 Board, pursuant to an administrative hearing described in these
			 rules.
(3) The Board may, in
			 addition to or in lieu of other penalties, levy and collect administrative
			 fines for serious violations of state law or the rules and regulations of the
			 Board of not more than $500.00 for each violation.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-32.
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Statutory
			 authority for adoption of rules. Under and by virtue of authority vested in it
			 by the Legislature of the State of Alabama, and the
Code of Ala.
			 1975
, §34-14. The board does hereby adopt and promulgate this
			 chapter.
(2) Applicability.
(a) These rules shall be applicable to all
			 individuals and businesses who fit and sell hearing instruments under the
Code of Ala. 1975
, §34-14,
et
seq
.
Author:
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to those definitions adopted
			 in the
Code of Ala. 1975
, §
								34-14-1,
et seq
. the following definitions apply in connection
			 with these rules.
(a) "Board" means the Board
			 of Hearing Instrument Dealers.
(b)
			 "Business" means any corporation, partnership, trust, association, or other
			 legal business venture not acting as a sole individual.
(c) "Hearing Aid Dispenser, Apprentice,
			 Hearing Aid Specialist" means any person licensed under these rules who
			 undertakes to fit, test, sell, or service hearing instruments.
(d) "Hearing Aid or Hearing Instrument." Any
			 wearable instrument or device designed for or offered for the purpose of aiding
			 or compensating for impaired human hearing.
(e) "License" means the certificate issued by
			 the Board to individuals meeting qualifications to fit and sell hearing
			 instruments.
(f) "May" indicates
			 permission.
(g) "Place of Business"
			 means the permanent street address of the office in which a licensed hearing
			 aid dispenser, hearing aid specialist, or apprentice exercises the practices of
			 dispensing and fitting of hearing instruments and which is the hearing aid
			 dispenser's base of business.
(h)
			 "Practice of Fitting and Dispensing in Hearing Instruments" means the
			 measurement of human hearing by means of an audiometer or by other means
			 approved by the board solely for the purpose of making selections, adaptations,
			 or sale of hearing instruments. The term also includes the making of
			 impressions for earmolds. A licensee or permit holder at the request of a
			 physician or a member of related professions, may make audiograms for the
			 professional's use in consultation with the hard-of-hearing.
(i) "Rules" means Alabama Administrative Code
			 Rules.
(j) "Sell or Sale" means any
			 transfer of title or of the right to use by lease, bailment, or any other
			 contract, excluding wholesale transactions with distributors or
			 dealers.
(k) "Servicing" means but
			 is not limited to modification, adaptation and repair of the hearing
			 instrument. Servicing does not include cleaning, retubing, and battery
			 changes.
(l) "Shall" indicates
			 mandatory requirements.
(m)
			 "Statement of Compliance" means a form approved by the board which businesses
			 shall file annually with the board and which lists all licensed Alabama hearing
			 aid dispensers, apprentices, and hearing aid specialist directly or indirectly
			 employed by them and which certifies compliance with rules and regulations of
			 the board and
Code of Ala. 1975
, §34-14,
et seq
.
(n) "Apprentice Permit" means the certificate
			 issued while the applicant is in training or is qualifying to become a licensed
			 hearing aid specialist.
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.03 - Licensing And Administration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Qualifications
			 for Licensure.
(a) In addition to meeting all
			 other requirements of the licensure examination and of the rules, the applicant
			 shall complete an application, on forms prescribed by the board, and shall meet
			 the following requirements:
1. Be a minimum of
			 19 years of age.
2. Be of good
			 moral character.
3. Have a minimum
			 of a high school diploma or a GED.
4. Be free of any contagious or infectious
			 disease.
5. Be a citizen or have
			 status as a legal alien.
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.04 - Examinations For Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An application
			 for examination shall be accompanied by a check or money order covering the
			 application fee and practical examination fee. In no case, shall the
			 examination fee be refunded.
(2)
			 Failure to complete all forms and provide all requested information may be
			 cause for the application to be rejected.
(3) Furnishing false information or omitting
			 pertinent information shall be cause for denial to sit for the examination. If
			 the applicant has been licensed before such information becomes known to the
			 board, the license shall be subject to revocation or suspension.
(4) Examinations of applicants for licensure
			 shall be conducted a minimum of three times a year, at such times and places as
			 the board may direct.
(5) The
			 examination shall consist of written, practical and state law tests as
			 determined by the board. Test may be based on national examinations, be
			 national examinations, or be designed and promulgated by the board.
(6) The board shall prepare and administer
			 the practical examination to each applicant at the time and place specified for
			 the examination. The examination must be completed within the time allotted.
			 The board, excluding the consumer member, shall examine and grade practical
			 examinations.
(7) The board shall
			 be responsible for inspection and reviewing the grades of practical
			 examinations.
(8) The applicant
			 shall perform the tests of practical skills, within the allotted time, and
			 under the supervision of any board member except the consumer board
			 member.
(9) The applicant shall be
			 notified, in writing, of the test results.
(10) Applicants may, within 30 days after the
			 date of a state-designed exam, request a review of their examinations. The
			 review shall be done in the presence of a monitor. The applicant may not take
			 notes nor copy any portion of the examination.
(11) The board shall issue a license to each
			 applicant who has been certified by the board as having passed all licensing
			 examinations and has met all licensure requirements, and when the applicant has
			 completed the appropriate forms and has paid the licensure fee. Such license
			 shall be effective from the date of issue until January 30 of the succeeding
			 year.
Author:
Hearing Instrument Dealers Board
Statutory Authority:
Code of Ala.
				  1975
§
										34-14-11(4).
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.05 - Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each person whose
			 qualification to hold a license for the purpose of dealing in and fitting hearing
			 instruments is subject to
Code of Ala. 1975
, §
								34-14-1,
et seq
. and shall attend, or complete an approved
			 substitute for attendance, a minimum of ten (10) hours of approved continuing
			 professional education each calendar year.
(a)
			 Credit shall be given only for continuing education approved by the board. Such
			 approval shall be sought at least thirty days prior to the commencement of the
			 continuing education course, but such credit may be given retroactively.
(b) Beginning January 1, 2022, the number of hours
			 required means that the licensee must actually attend twenty (20) instructional
			 hours of continuing education every two (2) years with no credit given for
			 introductory remarks, meal breaks even when the instruction occurs during meal
			 periods, or business meetings unless business meetings are being used as
			 instructional opportunities by the Board. An instructional hour will in all events
			 contain no less than sixty (60) minutes of actual instruction. Notwithstanding,
			 annual renewals continue as per 445-X-1-.03(5) Renewal of Licenses.
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.06 - Requirements for Businesses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any established
			 business with a business street address, may sell hearing instruments so long
			 as only individuals properly licensed by the board are directly involved in
			 fitting or selling of hearing instruments.
(2) All businesses which fit or sell hearing
			 instruments shall submit annually, to the board, a Statement of Compliance,
			 indicating the licensure of all hearing aid dispensers, apprentices, and
			 hearing aid specialist employed by the business. The Statement of Compliance
			 shall be in such form as the board directs, and must be signed by the
			 proprietor, a general partner, or the chief executive officer of the
			 business.
(3) All business entities
			 which engage in fitting or selling hearing instruments shall submit a listing
			 to the board annually of all licensed hearing aid dispensers, hearing aid
			 specialist and apprentices directly or indirectly employed by them.
(4) Business entities shall submit the
			 Statement of Compliance and the listing of hearing aid dispensers, hearing aid
			 specialist and apprentices to the board not earlier than January 1 and not
			 later than January 31 of each year.
(a) An
			 additional written statement shall also be supplied to the board within 30 days
			 of any changes in the roster of hearing aid dispensers, hearing aid specialist
			 and apprentices employed by the business.
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.08 - Investigations And Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Investigations
(a) The board shall investigate alleged
			 unethical and prohibited conduct; fraudulent, deceptive, and misleading
			 activities; and any irregularities violating any portion of
Code of
			 Ala. 1975
, §§34-14,
et seq
. or
			 the rules promulgated herein.
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.09 - Consumer Protection

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 individual under the age of 18 shall not be fitted with, or sold, a hearing
			 instrument unless he or she has been examined for any aural condition by a
			 physician within the past 6 months.
(a) A copy
			 of the physician's statement shall be kept in the individual's file.
Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.10 - Receipts

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any individual
			 fitted with or purchasing a hearing instrument shall be furnished with the
			 following:
(a) A bill of sale or receipt which
			 shall contain:
1. The licensee's name, license
			 number or permit number, business name, and street address.
2. The make, and model, of the hearing
			 instrument.
3. Guarantee and
			 warranty terms.
4. Full terms and
			 conditions of the sale; including the return policy, if any.
5. If the hearing instrument is not new, the
			 receipt shall be clearly marked as "used", "reconditioned", or "rebuilt". No
			 other terms shall be used to describe a hearing instrument that is not new. The
			 receipt shall also include warranty/guarantee terms or a statement that the
			 item is not under warranty/guarantee.
Alabama Administrative Code › Title 450 - ALABAMA DEPARTMENT OF TRANSPORTATION › Chapter 450-1-1 - AGENCY ORGANIZATION › Section 450-1-1-.01 - The Agency

Current through Register Vol. 42, No. 9, June 28, 2024
The Department is created pursuant to
Code of Ala.
						1975
, §
								23-1-20. The
						chief executive officer is the Director of Transportation. The agency is
						comprised of the highway director, administrative offices, chief engineer,
						legal division, central office bureaus, and division offices located throughout
						the state. All power, authority and duties vested in the Department is
						exercised by the Director of Transportation. The organization of the Department
						is determined by the Director.
Author:
Jim R. Ippolito, Jr., Chief
							Counsel
Statutory Authority:
Code of Ala.
							1975
, §§
										23-1-20,
							23-1-21,
							23-1-22,
							23-1-25.