reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-8-1 - SAIL/HOMEBOUND PROGRAM › Section 795-8-1-.04 - Ineligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 with a disability is determined ineligible when:
(a) An applicant does not have a severe
			 disability as defined in Rule 795-8-.1 -.02(1).
(b) There exists a risk to the health and
			 safety of the applicant in their home.
(c) An applicant does not meet the
			 eligibility requirements as set out in Rule
			 795-8-1-.03(4).
(d) An applicant fails to provide the
			 necessary documentation to determine eligibility and services needed, or the
			 applicant does not complete the application process.
(e) An applicant fails to prove
			 residency.
(f) An applicant fails
			 to cooperate with SAIL/Homebound staff.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-8-1 - SAIL/HOMEBOUND PROGRAM › Section 795-8-1-.05 - Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 SAIL/Homebound Program may make available the following services to an
			 individual with a disability who is determined eligible for those services.
(a) Medical Care.
(b) Adjustment Training.
(c) Attendant Care to assist an individual
			 with a disability with personal care services.
1. If an eligible individual becomes
			 employed, the SAIL/Homebound Program will re-evaluate the determination to
			 provide the individual with attendant care. Such care may be discontinued or
			 may be provided in the workplace as well as in the home.
2. Attendant care will be subject to the
			 individual's financial resources and will be provided only to the extent that
			 the individual has a financial reporting of need that prohibits the individual
			 from obtaining such services without the SAIL/Homebound assistance.
(d) Home modification, that
			 enables an eligible individual with a disability to remain in the home may be
			 provided by the SAIL/Homebound Program; however, no more than $1,000.00 shall
			 be expended on any one home in any one year or for any single client in any one
			 year. Home modification may be made when it is determined that the home
			 modification will make the home more accessible for the individual in order for
			 the individual to become more independent in activities of daily living. Home
			 modification on rental property may be provided only with the written consent
			 of the owner and/or rental agency.
(e) Assistive Devices/Technology. An
			 individual who receives assistive devices or technology must sign a statement
			 agreeing to return the devices or technology to the SAIL/Homebound Program when
			 the devices or technology are no longer needed by the individual or when the
			 individual is terminated from the SAIL/Homebound Program.
(f) Transportation provided to and from
			 medical appointments only if Medicaid/Medicare or other funding resources do
			 not pay. The SAIL/Homebound Program will be the payor of last resort.
			 Transportation to and from a place of employment may also be
			 provided.
(g) Medical supplies
			 provided when the need for such supplies is related to the individual's primary
			 disability and the SAIL/Homebound Program will be the payor of last
			 resort.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-8-1 - SAIL/HOMEBOUND PROGRAM › Section 795-8-1-.06 - Financial Accountability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Only those funds necessary to provide the appropriate services to an eligible
			 individual in the SAIL/Homebound Program shall be expended.
(2) Each eligible individual may be required
			 to contribute financial resources and in-kind services towards the cost of
			 their services, and the individual's financial situation will be reviewed
			 periodically to determine the extent of their participation.
(3) Any vendor providing services authorized
			 by the SAIL/Homebound Program must agree not to make any charge to or accept
			 any payment from the individual with a disability or their family for the
			 services unless the amount of the charge or payment is previously known and,
			 when applicable, approved by the SAIL Division Director.
(4) SAIL/Homebound will assist an individual,
			 who is eligible for similar services and benefits under any other agency or
			 organization, in securing those services and benefits, and those services and
			 benefits will be utilized to meet, in whole or in part, the cost of
			 SAIL/Homebound services.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-6-1,
et
				  seq
.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-8-1 - SAIL/HOMEBOUND PROGRAM › Section 795-8-1-.07 - Case Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An eligible
			 individual's services shall be terminated and/or the case shall be closed when
			 it has been determined that:
(a) There is an
			 existing risk to the health and safety of the SAIL/Homebound eligible
			 individual in their home, or
(b)
			 The services being provided by the SAIL/Homebound Program to the individual are
			 no longer needed or appropriate, or
(c) An individual has secured similar
			 benefits from other agencies or organizations that are comparable to all
			 services being provided by SAIL/Homebound, or
(d) An individual is no longer eligible for
			 SAIL/Homebound services, such as when:
1. The
			 individual is no longer dependent on others for at least six of the eight
			 activities of daily living, or
2.
			 The individual is financially ineligible, or
3. The individual is placed in a nursing
			 home, or
4. The individual no
			 longer meets the definition of an individual with a severe
			 disability.
(e) The
			 individual moves out of state, or
(f) The location of the individual is
			 unknown, or
(g) The individual
			 refuses further SAIL/Homebound services and chooses to no longer participate in
			 the program, or
(h) The individual
			 has failed to cooperate with SAIL/Homebound services. Examples include:
1. Destruction, misuse or abuse of provided
			 assistive devices, technology, and equipment.
2. Refusal or failure to provide accurate
			 financial information or providing false information.
3. Fraudulent use of SAIL/Homebound funds,
			 such as falsifying personal care timesheets or acquiring goods through
			 SAIL/Homebound for resale or other distribution.
(i) The individual dies, or
(j) The health and safety of SAIL/Homebound
			 staff is at risk in delivery of services.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-9-1 - INDEPENDENT LIVING SERVICE PROGRAM › Section 795-9-1-.01 - General Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Community Support Services program assists eligible individuals with
			 significant physical and mental disabilities to prepare for and live
			 independently at home in the community. The Community Support Services program
			 serves individuals with disabilities who, at time of application, do not have
			 the ability to function independently in the community or to engage or continue
			 in employment.
(2) Eligibility for
			 Community Support Services is determined without regard to sex, race, creed,
			 age, color or national origin; nor will an individual be excluded from
			 participation in, be denied the benefits of, or be otherwise subject to
			 discrimination under the Community Support Services program. The applicant must
			 be available for services in Alabama.
(3) It is the policy of the Community Support
			 Services program to ensure that an individual with a significant disability is
			 provided the services they need to live independently in the community and to
			 respect the right of an individual with a disability to be treated with respect
			 and dignity.
(4) Community Support
			 Services are not an entitlement but are based on the needs of the individual
			 with a significant disability.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9(1);
				  29
				  U.S.C. §
											796,
et
				  seq
.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-9-1 - INDEPENDENT LIVING SERVICE PROGRAM › Section 795-9-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Individual with
			 a Significant Disability. An individual with a severe physical, mental,
			 cognitive, or sensory impairment whose ability to function independently in the
			 family or community or whose ability to obtain, maintain, or advance in
			 employment is substantially limited and for whom the delivery of Community
			 Support Services will improve the ability to function, continue to function, or
			 move toward functioning independently in the family or community or to continue
			 in employment.
(2) Community
			 Support Services. A range of services to include community education, referral
			 to needed community resources, development of soft skills for success in
			 employment and community integration, home modification and assistive
			 technology, as well as guidance regarding self-advocacy, rights, and
			 responsibilities.
(3) Information
			 and Referral Services. To assist an individual with a significant disability in
			 securing information and services from the appropriate community
			 resources.
(4) Soft Skill Training.
			 Instruction to develop knowledge and skills in areas such as financial
			 literacy, financial management, coping skills, social skills, self-direction
			 and personal care management.
(5)
			 Home Modification and Assistive Technology. Assessment of home accessibility
			 needs to provide access to safe entrance and egress from the home and access
			 bathing and toileting in the home. Assistive technology in the home may include
			 devices to operate lights, doors, thermostats, televisions, and computers.
			 Community resources that provide donated equipment, installation, and funding
			 are explored and accessed.
(6)
			 Individual and Systems Advocacy. Individual self-advocacy assists the
			 individual with a significant disability to be able to function for themselves
			 in the community, in their home or their workplace. Advocacy and referral to
			 the Adult Vocational Rehabilitation Service program if those individuals, after
			 assistance from the Community Support Services program, are deemed ready for a
			 vocational program. The Community Support Services Specialist provides public
			 awareness relating to issues that affect the individual with a significant
			 disability.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9(1);
				  29
				  U.S.C. §
											796,
et
				  seq
.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-9-1 - INDEPENDENT LIVING SERVICE PROGRAM › Section 795-9-1-.03 - Application And Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 An individual with a significant disability may be referred for Community
			 Support Services by written or verbal referral of a physician, medical
			 institution, social agency, interested individual or by
			 self-referral.
(2) An individual
			 with a significant disability must make application to the Community Support
			 Services Specialist of the State of Alabama Independent Living (SAIL) program
			 of the Alabama Department of Rehabilitation Services. Application forms are
			 available in all SAIL offices located throughout the State of
			 Alabama.
(3) An individual with a
			 significant disability is eligible for Community Support services if:
(a) The individual has a significant
			 physical, mental, cognitive, or sensory impairment; and
(b) The individual has the potential ability
			 to function independently in the family or community or the individual's
			 ability to obtain, maintain, or advance in employment is substantially limited;
			 and
(c) The delivery of Community
			 Support Services will improve the individual's ability to function or continue
			 functioning in the family, community, or to continue in employment;
			 or
(d) The provision of Community
			 Support Services to a family member will improve the individual's ability to
			 function, continue functioning, or move towards functioning independently in
			 the family, community, or to continue in employment.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-9-1 - INDEPENDENT LIVING SERVICE PROGRAM › Section 795-9-1-.04 - Ineligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 with a significant disability may be determined ineligible for Community
			 Support Services if:
(a) A determination is
			 made that the applicant for Community Support Services is not an individual
			 with a significant disability, or
(b) It is determined that the individual does
			 not have a reasonable expectation of improving their independence.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-9-1 - INDEPENDENT LIVING SERVICE PROGRAM › Section 795-9-1-.05 - Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 determined eligible by the Community Support Services Specialist may receive
			 the following service(s) if the need for those services is determined to exist
			 by the Specialist and the individual with a significant disability.
(a) Community Services:
1. Community information and
			 referral
2. Community and systems
			 advocacy
3. Outreach
4. Community education
5. Publications
6. Maintaining registries
7. Other
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-9-1 - INDEPENDENT LIVING SERVICE PROGRAM › Section 795-9-1-.06 - Financial Accountability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Only those funds necessary to provide the appropriate services to an eligible
			 individual in the Community Support Services program shall be
			 expended.
(2) Each eligible
			 individual may be required to contribute financial resources and in-kind
			 services toward the cost of their services, and the individual's financial
			 situation will be reviewed periodically to determine the extent of their
			 participation.
(3) Parents' income
			 is no longer considered for eligibility deeming purposes at age 18.
(4) Any vendor providing services authorized
			 by the Community Support Services program must agree not to make any charge to
			 or accept any payment from the individual with a disability or their family for
			 the services provided by the Alabama Department of Rehabilitation
			 Services.
(5) All authorizations
			 and expenditures for services will comply with the Community Support Services
			 program procedure manual.
(6)
			 Community Support Services program will ensure that when an individual is
			 eligible for similar services and benefits under any other agency or
			 organization, those services and benefits will be utilized to meet, in whole or
			 in part, the cost of Community Support Services.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9(1);
				  29
				  U.S.C. §
											796,
et
				  seq
.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-9-1 - INDEPENDENT LIVING SERVICE PROGRAM › Section 795-9-1-.07 - Case Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
			 individual's case shall be closed when it has been determined that:
(a) An individual's Community Support goals
			 are met, or
(b) An individual's
			 Community Support goals cannot be met, or
(c) An individual chooses to no longer
			 participate in the Community Support Services program, or
(d) There is an existing risk to the health
			 and safety of the individual in their home, or
(e) An individual becomes financially
			 ineligible, or
(f) An individual is
			 placed in a nursing home,
(g) An
			 individual no longer meets the definition of an individual with a significant
			 disability, or
(h) An individual
			 moves out of state,
(i) The
			 location of the individual is unknown,
(j) The individual fails to cooperate in the
			 following or any other ways:
1. Destruction,
			 misuse or abuse of provided assistive devices and equipment.
2. Refusal or failure to provide accurate
			 financial information or providing false information, or
(k) The health and safety of Community
			 Support Services staff is as risk in delivery of services, or
1. The individual dies.
2. When a determination is made to terminate
			 services, the Community Support Services program shall notify the individual or
			 family member in writing that the services are terminated and the reason for
			 termination.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-10-1 - CLIENT ASSISTANCE PROGRAM › Section 795-10-1-.01 - Client Assistance Program

Current through Register Vol. 42, No. 9, June 28, 2024
A consumer and client advocacy service program designed to
				provide information and resolve problems or questions related to the provision
				of rehabilitation services.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-11-1 - GOVERNOR'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES › Section 795-11-1-.01 - Governor's Committee On Employment Of People With Disabilities

Current through Register Vol. 42, No. 9, June 28, 2024
A program that is funded by the state to increase awareness,
				provide information, and reduce barriers to employment for people with
				disabilities. See generally,
Code of Ala. 1975
,
				§§
								21-5-1
et
seq
. and §
								21-9-2(3) f.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-12-1 - TEXTBOOK BENEFITS FOR DEPENDENTS OF BLIND PARENTS › Section 795-12-1-.01 - General Information

Current through Register Vol. 42, No. 9, June 28, 2024
The Department of Rehabilitation Services administers a program
				to make textbooks conveniently available to children from families where the
				head of the household is blind and the family income is not greater than 1.3
				times the current poverty income level, as determined by federal poverty
				guidelines based upon the number of family members.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-33-4,
				  21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-12-1 - TEXTBOOK BENEFITS FOR DEPENDENTS OF BLIND PARENTS › Section 795-12-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following words and phrases when used in this chapter
				shall, for the purpose of this chapter, have meanings respectively ascribed to
				them in this section, except when the context otherwise requires:
(a) Blind or Blind Person - A natural person
			 who has no vision or whose vision with correcting glasses is so defective as to
			 prevent the performance of ordinary activities for which eyesight is essential,
			 or who has central visual acuity of 20/200 or less in the better eye with
			 correcting glasses, or whose central visual acuity is more than 20/200 in the
			 better eye with correcting glasses but whose peripheral field has contracted to
			 such an extent that the widest diameter of the visual field subtends an angular
			 distance no greater than 20 degrees. The condition of blindness may be proved
			 by a blind person claiming any right or benefit provided under this chapter by
			 certificate of a duly licensed ophthalmologist or optometrist.
(b) Head of Household - A parent, by birth or
			 adoption, or a legal guardian of a child.
(c) Family Income - The gross income of the
			 family where the head of the household is blind as determined by a copy of the
			 most recent U.S. individual income tax return or returns or other documentation
			 that indicates the family's gross income.
(d) Textbooks - All books necessary for the
			 length of a prescribed course of study.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-33-4,
				  21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-12-1 - TEXTBOOK BENEFITS FOR DEPENDENTS OF BLIND PARENTS › Section 795-12-1-.03 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
The Department of Rehabilitation Services will provide all
				necessary textbooks for the length of a student's prescribed course of study
				when said student is a child in a family where the head of household is blind
				and the family income is not greater than 1.3 times the current poverty income
				level, as determined by federal poverty guidelines based upon the number of
				family members and the child has been a permanent resident of Alabama for at
				least five years prior to application and does either of the following:
(a) Attends any Alabama state institution of
			 higher learning, college, or university for a period of four standard academic
			 years of nine months each, not to exceed 36 months total; or
(b) Takes a prescribed course in any Alabama
			 state trade school or technical college, for the length of the prescribed
			 course of study of his or her choosing.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-33-4,
				  21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-12-1 - TEXTBOOK BENEFITS FOR DEPENDENTS OF BLIND PARENTS › Section 795-12-1-.04 - Limitations On Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 In order to be eligible for the textbook benefits of this chapter, training in
			 any Alabama state institution of higher learning, college or university or
			 enrollment in prescribed courses in any Alabama state trade school or technical
			 college must:
(a) Be initiated within two
			 years after high school graduation, but in no case after the twenty-third
			 birthday of the child;
(b) Be
			 completed within five years after its initiation, excluding any delays caused
			 by military service; and
(c) Not
			 extend beyond the thirtieth birthday of the child.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-12-1 - TEXTBOOK BENEFITS FOR DEPENDENTS OF BLIND PARENTS › Section 795-12-1-.05 - Notification And Payment

Current through Register Vol. 42, No. 9, June 28, 2024
The Department of Rehabilitation Services will notify the
				Alabama state institution of higher learning, college, university, state trade
				school or technical college that a student is eligible for the "Alabama
				Scholarships for Dependents of Blind Parents" and the "Textbook Benefits for
				Dependents of Blind Parents." Upon receipt of appropriate documentation
				indicating that the student has received necessary textbooks, the Department of
				Rehabilitation Services will make payment for the cost of such
				textbooks.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-33-4,
				  21-9-9.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.01 - Bicycle

Current through Register Vol. 42, No. 9, June 28, 2024
A bicycle as defined in Title
				32-1-1.1(4) of
				the State
Code of Ala. 1975
.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.02 - Commission

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission means the appointed governing body of the Red
				Mountain Park, Greenway and Recreational Area.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.03 - Director

Current through Register Vol. 42, No. 9, June 28, 2024
The Director means the Executive Director of Red Mountain Park,
				Greenway and Recreational Area, or the Director's designee.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.04 - Electric Personal Assistance Mobility Device

Current through Register Vol. 42, No. 9, June 28, 2024
An Electric Personal Assistance Mobility Device is a device as
				defined by Title
				32-1-1.1 (15.1) of the
Code of Ala. 1975
.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.05 - Park

Current through Register Vol. 42, No. 9, June 28, 2024
A Park means the property defined and identified as the Red
				Mountain Park, Greenway and Recreational Area and the facilities contained
				within.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.06 - Play Vehicle

Current through Register Vol. 42, No. 9, June 28, 2024
A Play Vehicle means an electric device operated by and for
				children for entertainment and play activities.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.07 - Authorized Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
Authorized Personnel means an employee of Red Mountain Park
				authorized to make daily operations and maintenance decisions on behalf of the
				Director and the Commission, and/or educate the visiting public about park
				rules and regulations and ensure visitor compliance and enforcement of the
				rules and regulations.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-1 - DEFINITIONS › Section 797-X-1-.08 - Fireworks

Current through Register Vol. 42, No. 9, June 28, 2024
Fireworks mean combustible, implosive, or explosive
				compositions, substances, combinations of substances, or articles that are
				prepared to produce a visible or audible effect by combustion, explosion,
				implosion, deflagration, or detonation.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-2 - PROCESS TO ESTABLISH RULES AND REGULATIONS › Section 797-X-2-.01 - Adoption

Current through Register Vol. 42, No. 9, June 28, 2024
To provide for the safe and enjoyable use by visitors of park
				areas owned or leased by the Commission, the Director may adopt rules and
				regulations on the following subjects:
(1) Use by the public of Red Mountain Park
			 and its facilities and recreation areas;
(2) Visitor conduct and public participation;
			 and
(3) Other subjects that will
			 permit the efficient implementation, administration and operation of the park
			 for public enjoyment, special events, athletic programs and recreational
			 uses.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-2 - PROCESS TO ESTABLISH RULES AND REGULATIONS › Section 797-X-2-.02 - Submission Of Proposed Rule Or Regulation

Current through Register Vol. 42, No. 9, June 28, 2024
Before the adoption of a rule or regulation, the Director shall
				submit the proposed rule or regulation to the Commission for review. After
				review, the Commission shall advise the Director of its recommendations with
				respect to the rule or regulation, revise the rule or regulation as necessary,
				and through Commission action adopt, modify or reject the proposed rule or
				regulation.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-2 - PROCESS TO ESTABLISH RULES AND REGULATIONS › Section 797-X-2-.03 - Publication

Current through Register Vol. 42, No. 9, June 28, 2024
After Commission approval but before adoption, amendment or
				repeal of any rule, the director shall follow the law detailed in the State of
				Alabama Administrative Procedures Act, Section
				41-22-5 and publish the intended
				action appropriately, encourage public comment, review all comments and justify
				its subsequent actions in accordance with the law.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-2 - PROCESS TO ESTABLISH RULES AND REGULATIONS › Section 797-X-2-.04 - Immediate Effective Dates

Current through Register Vol. 42, No. 9, June 28, 2024
As provided in the State of Alabama Administrative Procedures
				Act, Section
				41-22-5(b) on a
				determination of immediate need, the Director may adopt rules and regulations
				that will become effective immediately. These rules will be effective for a
				period of not longer than 120 days.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-2 - PROCESS TO ESTABLISH RULES AND REGULATIONS › Section 797-X-2-.05 - Public Records

Current through Register Vol. 42, No. 9, June 28, 2024
The Director shall keep a record of the rules, regulations,
				orders, and directives issued, and the record shall be open to public
				inspection at reasonable times. A copy of rules and regulations shall be made
				available to the public on request and be conspicuously posted in the park
				whenever practical.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-3 - ADMINISTRATIVE REGULATIONS › Section 797-X-3-.01 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
To establish process for determining fees associated with park
				visitation and usage. With the approval and the advice of the Commission, the
				Director may establish fees for the use of the park or its facilities, entrance
				into the park, participation in recreation, cultural or athletic programs at
				the park, participation in programs conducted by the staff, for permits, or for
				other reasonable activities.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-3 - ADMINISTRATIVE REGULATIONS › Section 797-X-3-.02 - Permits

Current through Register Vol. 42, No. 9, June 28, 2024
To establish process for determining a permitting system for
				the use of the park or its facilities. With the approval and the advice of the
				Commission, the Director may establish a permitting system for the use of the
				park or its facilities. Permits are required for:
(1) The reserved use of athletic fields,
			 recreation buildings, camping and group picnic areas and certain other
			 facilities as designated.
(2)
			 Solicitation of contributions for monies or fundraising events conducted on
			 park property.
(3) Conducting a
			 parade, procession, demonstrating or disseminating any form of written or oral
			 information.
(4) Conducting of
			 surveys, scientific or historic research, interviews, or polls.
No person or permit holder shall violate any rule or condition
				on a permit. Violation of a rule or condition of a permit will be cause for
				immediate revocation of the permit, loss of all privileges of the permit, and
				forfeit of any fees paid for the permit. Persons holding a permit for use of a
				site or facility will be entitled to exclusive use of such site or facility on
				the dates and between the hours specified in the permit. Persons not holding a
				permit and using that site or facility must vacate that site or facility upon
				the arrival of a permit holder. A permit may be cancelled during natural
				disasters or at times weather conditions threaten public
				safety.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.01 - General Conduct And Person Behavior

Current through Register Vol. 42, No. 9, June 28, 2024
All State and Federal laws now in force and laws which may
				hereafter be enacted shall be maintained in Red Mountain Park, and it shall be
				a violation of this regulation for any person to break or attempt to break any
				State or Federal Law.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.02 - Public Use

Current through Register Vol. 42, No. 9, June 28, 2024
The facilities, services and programs of Red Mountain Park are
				open for use by all members of the public without regard to race, color,
				religion, sex, sexual orientation, age, national origin, or physical or mental
				disability. Park users shall abide by the following rules established for their
				safety:
(1) The Park generally shall
			 be open to the public between 0700 and dusk of each day unless different
			 operating hours are established by the Director for an area of the park and the
			 hours are posted at the affected area.
(2) The Park or a section of the park may be
			 declared closed to the public by the Director whenever the Director determines
			 that the closing is necessary because of park conditions, weather, or for
			 another reason that is in the public interest.
(3) A person, other than an authorized
			 Commission employee or others authorized by the Director, may not trespass in
			 the park or a section of the park while it is closed to the public.
(4) A person ordered or requested to leave
			 park property by authorized personnel must do so immediately.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.03 - Conduct

Current through Register Vol. 42, No. 9, June 28, 2024
It shall be unlawful to:
(1) Incite or participate in riots, indulge
			 in boisterous, abusive, threatening, indecent or disorderly conduct in the
			 park;
(2) Urinate or defecate on
			 park property other than in the facilities designated for that use;
(3) Congregate or assemble in or about any
			 comfort station or other public structure on park property in a manner that
			 hinders or obstructs the proper use of the structure or property;
(4) Disturb the peace of those properly using
			 a park by making an unreasonably loud noise or otherwise acting in a disorderly
			 manner; or
(5) Interfere with
			 authorized personnel acting in the course of their official duties.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.04 - Collection, Vandalism And Destruction Of Property

Current through Register Vol. 42, No. 9, June 28, 2024
It shall be unlawful to destroy, injure, deface, remove or
				disturb in any manner any real, personal or public property in the park. It
				shall be unlawful for any person to destroy, disturb, deface, collect or remove
				any natural, cultural, historical, archeological, geological, mineralogical,
				etc., objects, relic, animal or artifact from Red Mountain Park. Using metal
				detectors and/or digging into the surface of park property are prohibited
				except by permit. It shall be unlawful for any person to destroy, deface or
				remove any native wild or domesticated tree, shrub, plant or wildflower in Red
				Mountain Park.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.05 - Gambling

Current through Register Vol. 42, No. 9, June 28, 2024
No person may engage in gaming or gambling for money or any
				other thing in any form on park property except by written permission from the
				Director for charitable purposes.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.06 - Commercial Activities

Current through Register Vol. 42, No. 9, June 28, 2024
No person shall solicit, sell or advertise in Red Mountain Park
				without the written authorization of the Director.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.07 - Possession Or Consumption Of Alcoholic Beverages

Current through Register Vol. 42, No. 9, June 28, 2024
It shall be unlawful to possess or consume any alcoholic
				beverage at Red Mountain Park without the written permission of the
				Director.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.08 - Prohibited Devices

Current through Register Vol. 42, No. 9, June 28, 2024
To ensure the safety of all visitors and employees of the Park
				it shall be unlawful if:
(1) Any
			 person other than a duly authorized law enforcement officer to possess or carry
			 into the park any form of firearm without written permission of the
			 director.
(2) Any person possesses
			 any bow and arrow, dart, knife with a blade more than three inches in length,
			 or other weapon on park property, except where permitted in designated
			 areas.
(3) Any person possesses,
			 discharges or sets off on or within the park any firecrackers, torpedoes,
			 rockets, cap pistols, or other fireworks.
(4) Any person operates or uses any audio
			 device, including radio, television, musical instruments, or any other noise
			 producing devices, such as electrical generators, and equipment driven by motor
			 engines, in such a manner and at such times so as to disturb other
			 persons.
(5) Any person operates or
			 uses any public address system whether fixed, portable, or vehicle mounted
			 except when such use or operation has been approved by the Director.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.09 - Motor Vehicles

Current through Register Vol. 42, No. 9, June 28, 2024
To ensure the safety of all visitors and employees of the Park
				the following rules pertaining to the operation of motor vehicles state
				that:
(1) Driving motor vehicles in
			 excess of posted speed shall be unlawful.
(2) Driving any vehicle carelessly and
			 heedlessly disregarding the rights or safety of others, or without due caution
			 and at a speed, or in a manner so as to endanger or be likely to endanger any
			 person or property shall be unlawful.
(3) Riding on the hood, roof, fenders, or
			 other exterior portion of automobiles, or riding on the roof, fenders, hood, or
			 bumper of trucks, while traveling on parks roads or other park premises shall
			 be unlawful.
(4) Only licensed
			 vehicles shall be allowed to be utilized by the public on park roads.
(5) Operating a motor vehicle at any time
			 without a muffler in good working order, or operating a motor vehicle in such a
			 manner as to create excessive or unusual noise or annoying smoke, or using a
			 muffler cut off, by pass, or similar device shall be unlawful.
(6) Excessively accelerating the engine of a
			 motor vehicle or motorcycle when such vehicle is not moving or is approaching
			 or leaving a stopping place shall be unlawful.
(7) Motorbikes, minibikes, motorcycles, motor
			 scooters, go-carts and any other type motorized vehicles shall not be driven in
			 any areas or on any trails in Red Mountain Park. The use of any other type of
			 motorized vehicle is prohibited on any trail without the permission of the
			 Director.
(8) Operation of an
			 electric play vehicle on park trails is prohibited.
(9) In compliance with the Americans With
			 Disabilities Act wheelchairs, manual or motorized may be used on paved trails
			 in Red Mountain Park without a permit. A person with an Electric Personal
			 Assistance Mobility Device permit issued by Red Mountain Park may operate an
			 approved motorized electric vehicle on paved trails in the park.
(10) Trucks and commercial vehicles
			 (excluding taxicabs and tow trucks on service calls to disabled vehicles on
			 park property) with commercial marking or tools of trade shall be permitted to
			 operate in Red Mountain Park only during those times that the occupants are
			 involved in park related activities. This section does not apply to persons
			 operating vehicles that have been hired by authorized personnel for repairs or
			 construction of park facilities.
(11) Buses shall not be operated on park
			 property except by special permit.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.10 - Parking Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
To ensure the safety of all visitors and employees of the Park
				the following rules pertaining to parking regulations state that:
(1) No persons may stop, stand or park a
			 motor vehicle on park property so as to occupy more than one parking space or
			 across painted parking lines; on any grass area, unless specifically allowed,
			 or so as to injure any tree, shrub, plant, or vegetation.
(2) No person shall park any vehicle, camper,
			 trailer or any towed conveyance in any area not specifically designed for said
			 vehicle.
(3) Any vehicle which is
			 to be stopped or parked adjacent to any roadway must be removed from the
			 traveled portion of the roadway and stopped or parked in the direction of
			 authorized traffic movement, with left wheels parallel to and within thirty-six
			 (36) inches of the right edge or boundary of the roadway.
(4) No person may park a vehicle in Red
			 Mountain Park unless they are participating in park related
			 activities.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.11 - Operation Of Bicycles On Roads And Trails

Current through Register Vol. 42, No. 9, June 28, 2024
To ensure the safety of all visitors and employees of the Park
				the following rules pertaining to operation of bicycles on roads and trails
				state that:
(1) Bicyclists must yield
			 to pedestrians and horses along park trails.
(2) Bicycles shall not be operated at a speed
			 greater than posted or reasonable and prudent for existing
			 conditions.
(3) The maximum bicycle
			 speed limit on a trail is fifteen (15) miles per hour.
(4) Bicycle trail users shall yield to
			 vehicular traffic at intersecting roadways.
(5) Bicyclists shall keep right except to
			 pass and bicyclists must alert other trail users before passing.
(6) Bicyclists shall obey all posted rules
			 and regulations and traffic laws when riding on park roads.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-4 - RULES AND REGULATIONS › Section 797-X-4-.12 - General Park Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Roller-skating, in line skating, and skateboarding:
(a) Roller-skating, in line skating, and
			 skateboarding are permitted only in areas designated for such use.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-5 - DISCLAIMER OF LIABILITY › Section 797-X-5-.01 - Disclaimer of Liability

Current through Register Vol. 42, No. 9, June 28, 2024
Red Mountain Park shall not be responsible for any accident or
				injury to any person while on park property or when using any park facility.
				Any person coming within the park or using a park facility shall by such
				entrance or use waive any claim against the Commission or its agents for any
				accident or injury occurring while on or within Red Mountain
				Park.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.
Alabama Administrative Code › Title 797 - RED MOUNTAIN GREENWAY PARK › Chapter 797-X-6 - VIOLATION OF RULES OR REGULATIONS-PENALTIES › Section 797-X-6-.01 - Violation Of Rules Or Regulations-Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
A person may not violate a rule or regulation adopted by the
				Commission or the Director in accordance with this document. Any person who
				violates any rule of the commission will be subject to the following:
(1) Shall be guilty of a misdemeanor and
			 shall be punished by a fine of not more than one thousand dollars ($1000) or
			 imprisonment for not more than one year, or both, and may be adjudged to pay
			 all costs of the proceedings. (2006 HB - 707);
(2) Shall face the sanctions detailed in the
			 Steps of Enforcement section of the Visitor Services and Patrol chapter of the
			 Red Mountain Park Operation Manual. Sanctions could include expulsion from the
			 park for the remainder of the day or banning from the property for a period of
			 time determined by the Director;
(3) Shall, if the violation is egregious
			 enough, be banned from the property for a period of time determined by the Red
			 Mountain Commission;
(4) Or any
			 combination of sanctions detailed in paragraphs (1) and (2) and (3)
			 above.
Author:
David G. Dionne
Statutory Authority:
Code of Ala.
				  1975
, §542.