reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-7 - REPAYMENT OF LOANS WITH CASH › Section 280-X-7-.04 - Due Date Of First Annual Payment

Current through Register Vol. 42, No. 9, June 28, 2024
The first annual payment will become due one (1) year after the recipient enters the practice of dentistry or three (3) years after graduation from dental school, whichever date occurs first. Deferment of the first annual payment past one year after graduation from dental school must be approved by the Board.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-7 - REPAYMENT OF LOANS WITH CASH › Section 280-X-7-.05 - Due Date Of Annual Payments

Current through Register Vol. 42, No. 9, June 28, 2024
The due date of the annual payment shall be June 1. Exceptions may be made if extenuating circumstances exist.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-7 - REPAYMENT OF LOANS WITH CASH › Section 280-X-7-.06 - Statement Of Account

Current through Register Vol. 42, No. 9, June 28, 2024
Loan Recipients will be sent a statement of their accounts on or about May 1 of each year indicating the amount due on June 1.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-7 - REPAYMENT OF LOANS WITH CASH › Section 280-X-7-.07 - Overdue Accounts

Current through Register Vol. 42, No. 9, June 28, 2024
Recipients who do not make payments before July 15, will be sent notification that their accounts are overdue.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-7 - REPAYMENT OF LOANS WITH CASH › Section 280-X-7-.08 - Delinquent Accounts

Current through Register Vol. 42, No. 9, June 28, 2024
Accounts will be considered delinquent if the annual payment is not received before September 1.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-7 - REPAYMENT OF LOANS WITH CASH › Section 280-X-7-.09 - Referral Of Delinquent Accounts

Current through Register Vol. 42, No. 9, June 28, 2024
Delinquent accounts will be referred, with the approval of the executive committee, to the Attorney General for appropriate action.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-7 - REPAYMENT OF LOANS WITH CASH › Section 280-X-7-.10 - Remission Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
All payments received and all unexpended funds at the end of the fiscal year (September 30) shall be remitted to the Treasurer of the State of Alabama for credit to the Alabama Special Education Trust Fund.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.01 - Committee On Approved Communities

Current through Register Vol. 42, No. 9, June 28, 2024
A standing committee as defined in 280-X-1-.06(2) shall be appointed to recommend communities which are acceptable as areas where the loan obligations can be repaid by service, as provided in
Code of Ala. 1975
, §§ 16-47-49(c), 16-47-81.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.02 - Identification Of Needy Communities

Current through Register Vol. 42, No. 9, June 28, 2024
The committee shall assume the initiative to identify the
				communities which are in need of additional dental service and qualify as areas
				in which the loan recipients can repay their obligation by service, as provided
				in
Code of Ala. 1975
, §§ 16-47-49(c),
				16-47-81. To determine the counties with a shortage of dentists, the Board of
				Dental Scholarship Awards shall annually calculate by county a dentist shortage
				index. In addition to the dentist shortage index, the Board shall consider the
				percentage of dentists in a county that are over the age of sixty-dive and the
				proximity of a county to a major metropolitan area in determining the counties
				eligible for the loan recipient. Annually, the Board shall compile a list of
				twenty counties for the loan recipient to choose from. The recipient must spend
				an average of twenty(20) hours per week in clinical practice on an annualized
				basis practicing in the designated county for a minimum of five (5) years to
				qualify for forgiveness of the loan.
Authors:
J. Matt Bledsoe, Dr. Bob Jones
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.03 - Evaluation System

Current through Register Vol. 42, No. 9, June 28, 2024
It is the committee's obligation to devise a system to obtain the necessary information to evaluate the need of dental service in a community.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.04 - Loan Recipient's Application To Classify Communities As A Needy Area

Current through Register Vol. 42, No. 9, June 28, 2024
The recipient of a loan may petition the Board for approval of a community as an area in which he/she may repay his/her obligation with service rather than cash.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.05 - Community's Application For Classification As A Needy Area

Current through Register Vol. 42, No. 9, June 28, 2024
Any community or area in the state may petition the Board for approval as an area critically in need of additional dental service. It is expected that such a petition will be presented by a responsible officer of the community or a representative group of citizens. These petitions shall be referred to the Committee on Approved Communities for review and evaluation.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.06 - Committee's Report

Current through Register Vol. 42, No. 9, June 28, 2024
The committee shall report at each meeting of the Board. It shall present recommendations for approval or disapproval of all areas it has investigated since the last meeting.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.07 - Approval As A Needy Area

Current through Register Vol. 42, No. 9, June 28, 2024
A community shall be classified as an approved repayment-with-service area in which a loan obligation can be repaid with service if two-thirds (2/3) of the vote cast at the meeting of the Board is in the affirmative.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 280-X-8-.08 - List Of Approved Needy Areas

Current through Register Vol. 42, No. 9, June 28, 2024
A list of all communities approved by the Board shall be maintained by the chairman and available to all recipients of loans. This can not be considered a listing of all areas in the state which could qualify as repayment-with-service areas. Additions can be made as provided above. (280-X-8-.02, 280-X-8-.04, 280-X-8-.05)
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-9 - REPAYMENT-WITH-SERVICE › Section 280-X-9-.01 - Repayment Terms

Current through Register Vol. 42, No. 9, June 28, 2024
Repayment of loans with service will be in accordance with
Code of Ala. 1975
, §
								16-47-79(c), and terms of the contract signed by the loan recipients and the chairman of the Board. (280-X-5-.01)
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-9 - REPAYMENT-WITH-SERVICE › Section 280-X-9-.02 - Application To Repay With Service

Current through Register Vol. 42, No. 9, June 28, 2024
A loan recipient who wishes to repay his/her loan with service shall file an application for approval with the Board prior to the anticipated date to enter the practice of dentistry.
(a) The application must name the area and give the approximate date the practice will begin.
(b) The application should present a resume of the conditions in the area which warrant classifying the area as critically in need of additional dental service.
(c) The Board shall review and evaluate all available information to determine whether or not the area, in the Board's judgement, qualifies as an area critically in need of additional dental service.
(d) A loan recipient who accepts a position in Alabama Public Health or serves as a dentist in a state institution is eligible to apply to repay his/her loan with service rather than cash.
(e) The Board will notify the applicant promptly when a decision has been reached.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-9 - REPAYMENT-WITH-SERVICE › Section 280-X-9-.03 - Stipulations To Receive Repayment Credit for Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Recipient must limit his/her practice to the approved area, to the approved position in Alabama Public Health or to the approved position in a state institution. No repayment credit will be allowed if the recipient engages in the practice of dentistry in a location outside the approved area, the approved position in Alabama Public Health or in a state institution.
(2) Recipients must practice dentistry in the approved area, in the approved position in Alabama Public Health or the approved position in a state institution for a period of one year from the date practice was initiated to receive credit for repayment-with-service. No repayment credit will be earned if practice in the approved area, the approved employment in Alabama Public Health or state institution is discontinued before the lapse of one year.
Author:
Statutory Authority:
Code of Ala. 1975
, §§ 16-47--76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-9 - REPAYMENT-WITH-SERVICE › Section 280-X-9-.04 - Agreement To Repay With Service

Current through Register Vol. 42, No. 9, June 28, 2024
A formal agreement stipulating the community or the position in
				Alabama Public Health or state institution, years of service and other
				pertinent facts shall be signed by the chairman of the Board and each recipient
				who receives approval to repay his loan with service.
Author:
J. Matt Bledsoe, Dr. Bob Jones
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-10 - VIOLATION OF TERMS TO REPAY WITH SERVICE › Section 280-X-10-.01 - Breach Of Agreement To Repay With Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event a recipient discontinues to fulfill the terms of his agreement to pay-with-service (280-X-9-.04), he/she shall be obligated to repay the cash balance of his/her loan which did not receive repayment-with-service credit.
(2) Interest will accrue at the rate of six percent (6%) per annum on the unpaid balance of the loan beginning at the date of the repayment-with-service agreement was breached.
(3) The unpaid balance must be paid in annual payments approved by the Board. The final payment becomes due no later than eight (8) years after the recipient entered the practice of dentistry.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-11 - DISABILITY OR DEATH › Section 280-X-11-.01 - Cancelled Loans

Current through Register Vol. 42, No. 9, June 28, 2024
In the event of death or total and permanent disability of the recipient to engage in the practice of dentistry, repayment of the loan may be excused by the Board, in the exercise of the Board's sound discretion.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-12 - CONTRACTUAL AGREEMENT OF RECIPIENT › Section 280-X-12-.01 - Penalties Of Breach Of Loan Contract

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall follow the procedure stipulated in
Code of Ala. 1975
, §
								16-47-80, in the event a loan recipient does not adhere to the terms of the contractual agreement he/she signed when accepting the loan. (280-X-5.-.01)
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-12 - CONTRACTUAL AGREEMENT OF RECIPIENT › Section 280-X-12-.02 - Accountant's Report

Current through Register Vol. 42, No. 9, June 28, 2024
The accountant shall report to the Board on all delinquent accounts at the annual meeting. The Board shall approve any action to be taken to bring a delinquent account up to date.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-12 - CONTRACTUAL AGREEMENT OF RECIPIENT › Section 280-X-12-.03 - Executive Committee's Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
The executive committee will be responsible to initiate action approved by the Board concerning delinquent accounts.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-13 - ADMINISTRATION OF PROGRAM › Section 280-X-13-.01 - Office To Administer Program

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The executive
			 committee has the authority to engage the University of Alabama in Birmingham
			 to equip and maintain an office for the administration of the Alabama Dental
			 Scholarship-Loan Program on the UAB campus. The cost of equipping and
			 maintaining this office shall not exceed the amount appropriated each year to
			 administer the scholarship loan program.
(b) The executive committee may choose
			 administrator other than the University of Alabama in Birmingham to administer
			 all of its Loan and Scholarship Programs.
Authors:
J. Matt Bledsoe, Dr. Bob Jones
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-13 - ADMINISTRATION OF PROGRAM › Section 280-X-13-.02 - Agreement With The Administrator

Current through Register Vol. 42, No. 9, June 28, 2024
In all agreements to administer the scholarship and loans
				Programs, the administrator shall agree to the following:
(a) Provide adequate office space in a
			 convenient location.
(b) Maintain
			 the facilities allocated as office space.
(c) Provide all office equipment and
			 supplies.
(d) Employ with the
			 approval of the executive committee all necessary personnel to carry out the
			 duties of this office. The salary of each employee must be approved by the
			 executive committee. Employees will include:
1. An accountant who will have the
			 responsibility of:
(i) Maintaining an accurate
			 and up-to-date record of all transactions between the Board and each
			 recipient.
(ii) Depositing all
			 appropriations received from the State Treasury in a local bank approved by the
			 executive committee.
(iii)
			 Depositing all monies received as payment of loans in the same bank.
(iv) Distributing payments to loan
			 recipients.
(v) Sending at least
			 one up-to-date statement each year to loan recipients with active
			 accounts.
(vi) Serving as secretary
			 to the Board.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-13 - ADMINISTRATION OF PROGRAM › Section 280-X-13-.03 - Annual Appropriation

Current through Register Vol. 42, No. 9, June 28, 2024
The Board will request an exception be made to the state policy of distributing appropriated funds. The executive committee is authorized to request that the funds appropriated to the Board be distributed by the State Treasurer in three equal payments beginning with the first quarter of the school fiscal year (October 1), the second payment being made at the beginning of the second quarter (January 1), and the third payment being made at the beginning of the third quarter (April 1).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-13 - ADMINISTRATION OF PROGRAM › Section 280-X-13-.04 - Payment Of Awards

Current through Register Vol. 42, No. 9, June 28, 2024
Checks in the amount to pay loan recipients one-third (1/3) of their annual award will be distributed on or about October 15, January 15, and April 15 provided the approved appropriation is received as stipulated in 280-X-13-.03.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-14 - RECUSAL OF BOARD MEMBERS › Section 280-X-14-.01 - Recusal Of Board Members

Current through Register Vol. 42, No. 9, June 28, 2024
Whenever circumstances arise which, in the judgement of an individual Board member, would make that member's vote on a matter pending before the Board improper, unethical, unfair, or biased, that Board member shall request that his recusal from the vote on the issue in question be entered upon the minutes of the Board and his participation in discussion and voting thereon excluded.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-15 - CHANGES IN THE ADMINISTRATIVE CODE › Section 280-X-15-.01 - Repeal Or Amendment Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
These rules and regulations may be supplemented, amended or repealed by the Board in accordance with the procedures set out in the Administrative Procedure Act,
Code of Ala. 1975
, §§
								41-22-1,
et seq
.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-15 - CHANGES IN THE ADMINISTRATIVE CODE › Section 280-X-15-.02 - Requesting Public Records From The Board Of Dental Scholarship And Loan Awards

Current through Register Vol. 42, No. 9, June 28, 2024
Public records may be requested in writing using the Board's
				public records request form. Questions may be directed to the Executive
				Director. The public request form will be made available on the Board's
				website. A fee shall be assessed for costs incurred for searching and producing
				records as described in rule
				280-X-15-.03. Records request
				will be categorized as either Standard records or Time-intensive records. The
				Board shall acknowledge all requests within two (2) business days of receipt.
				The Board will provide records, provided that the request has been submitted on
				the Board approved form and all fees are paid in full. The Board reserves the
				right to review and/or deny any records request that compromises legally
				protected information or to which the release of said records would be
				detrimental to the public. Standard Records - are designated as public records
				that are easily made available to the public with little or no preparation time
				and with limited redaction needed to withhold legally protected information.
				These requests should be processed within fifteen (15) days of receipt. If the
				Board is unable to process the request within fifteen (15) days, the requestor
				will be notified by the Board within fifteen (15) days. Time-Intensive Records
				- are designated as records that would involve more than eight (8) hours of
				preparation with need for review and redaction with regards to legally
				protected information. These requests should be processed within forty-five
				(45) days of receipt. If the Board is unable to process the request within
				forty-five (45) days, the requestor will be notified by the Board within
				forty-five (45) days.
Author:
Amanda Benko, J. Matt Bledsoe
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-61.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-15 - CHANGES IN THE ADMINISTRATIVE CODE › Section 280-X-15-.03 - Fees For Public Records Request From The Board Of Dental Scholarship And Loan Awards

Current through Register Vol. 42, No. 9, June 28, 2024
Document retrieval and preparation charges are $20.00 per hour
				or any portion thereof. Copying of records will cost a fee not to exceed
				.50¢ per page. Notwithstanding the foregoing, the Board will charge to the
				requestor any actual costs incurred while processing or responding to a
				public-records request. Costs for a flash drive or other hardware necessary for
				electronically producing records, for special paper sizes, and for costs
				associated with searching electronic databases and all other costs will be
				charged to the requestor. The Board will notify the requestor of these actual
				costs prior to charging the requestor.
Author:
Amanda Benko, J. Matt Bledsoe
Statutory Authority:
Code of Ala.
				  1975
, §
										34-22-61.
Alabama Administrative Code › Title 280 - ALABAMA BOARD OF DENTAL SCHOLARSHIP AWARDS › Chapter 280-X-16 - APPEALS › Section 280-X-16-.01 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Appeals from decisions of the Alabama Board of Dental Scholarship Awards shall be conducted in accordance with the provisions of the Administrative Procedure Act,
Code of Ala. 1975
, §§
								41-22-1,
et seq
., and other pertinent statutes.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-47-76 through 16-47-81.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.01 - Definitions. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.02 - Film Notification (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.03 - Application. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.04 - Examination, Notification, And Appeal. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.05 - Disqualification. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.06 - Additional Eligibility Requirements Criteria For Student Film Makers. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.07 - Final Determination For Exemptions Determined By The Alabama Department Of Revenue. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-1-1 - CERTIFICATION FOR SALES AND USE TAX EXEMPTIONS AND LODGING TAX EXEMPTIONS › Section 281-1-1-.08 - Sunset Provision. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Brian Kurlander, Anita Archie
Statutory Authority:
Code of Ala.
				  1975
, Act 2001-975 of the 2001 3rd
				  Special Session.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this chapter, the following terms shall have the
				following meanings:
(1) "ACT" means Act
			 No. 2002-429.
(2) "ADO" means the
			 Alabama Development Office.
(3)
			 "AFFILIATE". An affiliate of another person shall include any of the following:
(a) A person who directly or indirectly either:
(i) Beneficially owns fifteen percent (15%) or
			 more of the outstanding voting securities or other voting ownership interests of
			 the other person, whether through rights, options, convertible interests, or
			 otherwise; or
(ii) Controls or holds
			 power to vote fifteen percent (15%) or more of the outstanding voting securities
			 or other voting ownership interests of the other person.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.02 - Certified Capital Company

Current through Register Vol. 42, No. 9, June 28, 2024
To qualify as a CAPCO all of the following must apply:
(1) The applicant must have, at the time of
			 application for certification, an equity capitalization of at least $500,000 in
			 the form of cash or cash equivalents. The applicant must maintain this equity
			 capitalization until it receives an allocation of certified capital pursuant to
			 Section 17 of the Act. As used in this subsection, the term "EQUITY
			 CAPITALIZATION" means the applicant's total cash and cash equivalents less the
			 applicant's total liabilities, each as determined in accordance with generally
			 accepted accounting principles.
(2)
			 At least two principals or persons employed or engaged to manage the funds of the
			 applicant must have at least four (4) years of experience making venture capital
			 investments in small businesses on behalf of or as an institutional or accredited
			 investor. As used in this subsection, the following terms shall have the
			 following meanings:
(a) "PRINCIPALS" means
			 persons who have a material direct or indirect ownership interest in the
			 applicant such that those persons each have a material influence over the
			 policies and decisions of the applicant, including its investment
			 decisions.
(b) "PERSON EMPLOYED OR
			 ENGAGED TO MANAGE THE FUNDS OF THE APPLICANT" means a person who, in exchange for
			 reasonable compensation, has a material influence over the policies and decisions
			 of the applicant, including its investment decisions.
(c) "VENTURE CAPITAL INVESTMENTS" means the
			 investment of funds in enterprises that would qualify as qualified technology
			 businesses under the Act, which investment involves some investment risk but
			 offers the potential for above average future returns.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.03 - Qualified Technology Business

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 A qualified technology business shall not include:
(a) An enterprise that principally conducts
			 irregular or non-continuous operations;
(b) An enterprise that intends to derive
			 principally all of its income from passive investments that generate interest,
			 dividends or capital gains;
(c) An
			 affiliate of a CAPCO; provided, however, that a person that is not an affiliate
			 of a CAPCO prior to the CAPCO initially investing in such person will not be
			 deemed to be an affiliate of the CAPCO merely as a result of the investment by
			 the CAPCO; provided, further, however, that a person that is an affiliate of a
			 CAPCO prior to the CAPCO initially investing in such person solely by reason of a
			 prior investment in such person (including any directorship associated therewith)
			 by an entity that is itself an affiliate of the CAPCO will not be deemed to be an
			 affiliate of the CAPCO so long as;
(i) at least
			 one investor who is not an affiliate of the CAPCO participates in such round of
			 funding in the qualified technology business on the same terms and conditions as
			 the CAPCO; and
(ii) the investment
			 made by the CAPCO and its affiliates in the round of funding does not exceed 50%
			 of the total amount invested in the qualified technology business in such round
			 of funding.
(d) A
			 CAPCO;
(e) An enterprise that
			 promotes a religion, political party or political candidate;
(f) An enterprise engaged in any illegal
			 business; and
(g) An enterprise that
			 is associated with a:
(i) public
			 employee;
(ii) public
			 official;
(iii) family member of the
			 public employee, or
(iv) family
			 member of the public official.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.04 - Qualified Investment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A CAPCO
			 may, before making an investment in a business, request from the ADO a written
			 opinion as to whether the business in which it proposes to invest is a qualified
			 technology business or a qualified diversity business.
(2) The ADO shall, not later than the fifteenth
			 (15th) business day after the date of the receipt of a request under subsection
			 (1) of this section, determine whether the business meets the definition of a
			 qualified technology business or a qualified diversity business, and notify the
			 CAPCO of the determination and an explanation of its determination or notify the
			 CAPCO that an additional fifteen (15) days will be needed to review and make the
			 determination.
(3) If the ADO fails
			 to notify the CAPCO with respect to the proposed investment within the period
			 specified by subsection (2) of this section, the business in which the CAPCO
			 proposes to invest is considered to be a qualified technology business or a
			 qualified diversity business, as applicable.
(4) The following transactions shall not be
			 considered an "INVESTMENT OF CASH BY A CAPCO" for purposes of determining whether
			 an investment is a qualified investment:
(a) A
			 debt instrument, including those owned through debt participations, that has a
			 final stated maturity of less than two years from the date of issuance and/or a
			 repayment schedule that is faster than level principal amortization over two
			 years. The preceding sentence shall not prohibit (i) the qualified business from
			 voluntarily prepaying a qualified investment at anytime or (ii) the certified
			 capital company from exercising any of its rights as a creditor, including the
			 acceleration of the debt owed upon a default by the qualified business under the
			 terms of the debt instrument or upon the acquisition merger or sale of all or
			 substantially all of the assets of the qualified business;
(b) Purchases of interests in a qualified
			 technology business that have restrictions on the use of the proceeds by the
			 qualified technology business selling the interest, other than those restrictions
			 usual or customary to venture capital investing and lending, such that the
			 proceeds will be repaid by the qualified technology business without having been
			 at risk;
(c) Accruals of principal,
			 interest, royalty or other income;
(d) Letters of credit;
(e) Loan guarantees; or
(f) Loan collection expenses or legal fees
			 incurred by a CAPCO in protecting its collateral interest in an
			 investment.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.05 - Certified Investor

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An insurance
			 company or other persons who may have state premium tax liability or the
			 affiliates of the insurance companies or other persons may not directly or
			 indirectly do any of the following:
(a) Manage a
			 CAPCO.
(b) Beneficially own, whether
			 through rights, options, convertible interests, or otherwise, more than fifteen
			 percent (15%) of the outstanding voting securities of a CAPCO.
(c) Control the direction of investments by a
			 CAPCO.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.06 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant that has not previously been certified by the ADO as
				a Certified Capital Company must file an application to become certified as a
				CAPCO in the form prescribed by the ADO, as that form may be amended from time to
				time by the ADO. The ADO may certify for participation in program two any
				previously certified CAPCO that has remained in compliance with the requirements
				of the Act upon the submission of an application for recertification and
				participation in program two in the form prescribed by the ADO, as that form may
				be amended from time to time by the ADO. An application for recertification and
				participation in program two shall be considered a separate certification from a
				prior certification under this section and investments in and by such CAPCO shall
				be considered separately.
(1)
			 Applications may be submitted by hand or by certified mail to the ADO, Alabama
			 Center for Commerce, 401 Adams Avenue, Suite 670 Montgomery, Alabama 36104,
			 Attention F. Neal Wade, Director. Applications with respect to program one may be
			 submitted no earlier than 9:00 am (Montgomery, Alabama time) on October 1, 2003.
			 Applications for certification as a CAPCO with respect to program two and for
			 recertification and participation in program two may be submitted no earlier than
			 9:00 a.m. (Montgomery, Alabama time) on December 10, 2007.
(2) Each applicant must submit three (3)
			 original applications for certification as a CAPCO or for recertification and
			 participation in program two, as applicable.
(3) An application shall be considered received
			 by the ADO when the ADO receives three (3) original applications, each of which
			 is complete in all material respects, along with the nonrefundable application
			 fee set forth below. The ADO shall stamp applications received by the ADO with
			 the date and time of receipt by the ADO. The following applications shall be
			 considered as not having been filed with the ADO and will be returned by the ADO
			 to the applicant by mail in which case the ADO shall have no further obligation
			 to provide additional notices to the applicant:
(a) Applications submitted prior to the stated
			 time; and
(b) Applications determined
			 by the ADO to be materially incomplete.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.07 - Application Review

Current through Register Vol. 42, No. 9, June 28, 2024
The Director shall review the application for certification as a
				CAPCO, including the organizational documents and business history, and the
				application for recertification and participation in program two of each
				applicant and shall ensure that the applicant satisfies the requirements of the
				Act and these regulations.
(1) Not later
			 than the thirtieth (30th) day after the date an application is filed, the
			 Director shall either issue the certification or refuse to issue the
			 certification and communicate in detail to the applicant the grounds for the
			 refusal, including suggestions for the removal of these grounds. If an applicant
			 submits an amended application within fifteen (15) days of receipt of refusal
			 from the ADO, the ADO shall have fifteen (15) days from the receipt of such
			 amended application by which to communicate its approval or refusal of such
			 amended application to the applicant. The ADO shall review and approve or reject
			 applications in the order submitted, and in the event more than one (1)
			 application is received by the ADO on any date, all such applications shall be
			 reviewed and approved or refused simultaneously, except in the case of incomplete
			 applications or applications for which additional information is requested by the
			 ADO and is not supplied by the applicant within the allowable time limits
			 established by the ADO.
(2) Any
			 certification issued by the ADO shall be, and shall so state, that the
			 certification is contingent upon the accuracy and continuing accuracy of all
			 information submitted as part of the application. The certification issued by the
			 ADO shall be effective from the date of issuance and shall continue until such
			 time as the CAPCO has been decertified pursuant to the Act or these regulations,
			 whether such decertification is a result of the CAPCO's annual review or
			 otherwise.
(3) An applicant whose
			 application is refused may file an amended application in accordance with the
			 provisions of the Act or these regulations
(4) The ADO may, in its discretion, issue
			 certification to an applicant that is contingent upon the fulfillment of certain
			 requirements, including, but not limited to, the provision of additional
			 information and the hiring of a key employee to meet the requirements set forth
			 herein. If these requirements are not fulfilled as specified by the ADO, the ADO
			 may decertify the CAPCO.
F. Neal Wade
Statutory Authority:
Code of Ala.
				  1975
, as amended; Act 2002-429.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.08 - Allocation And Transfer Of Tax Credits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A premium tax credit allocation claim must
			 be prepared and executed by a certified investor in the form prescribed by the
			 ADO, as such form may be amended from time to time by the ADO. With respect to
			 program one, a CAPCO must file the claim with the ADO not later than January 10,
			 2004 and all premium tax credit allocation claims received by the ADO prior to
			 January 10, 2004, will be deemed to have been received on January 10, 2004. With
			 respect to program two, a CAPCO must file the claim with the ADO no later than
			 March 20, 2008 and all premium tax credit allocation claims received by the ADO
			 prior to March 20, 2008 will be deemed to have been received on March 20, 2008.
			 Each premium tax credit allocation claim form must include an affidavit of the
			 certified investor under which the certified investor becomes legally bound and
			 irrevocably committed to make an investment of certified capital in a CAPCO in
			 the amount allocated even if the amount allocated is less than the amount of the
			 claim, subject only to the receipt of an allocation under Section 19 of the
			 Act.
(2) A certified investor may not
			 claim a premium tax credit under Section 16 of the Act for an investment that has
			 not been funded, even if the certified investor has committed to fund the
			 investment.
(3) Together with the
			 premium tax credit allocation claims of its certified investors for a particular
			 program, each CAPCO must submit a nonrefundable claim fee in the amount of
			 $15,000 in the form of a cashier's check, certified check or company check
			 payable to "Alabama Development Office" which the ADO shall use to offset the
			 administrative costs related to the CAPCO program. The information to be
			 submitted as part a premium tax credit allocation claim is as follows:
(a) The name, address and NAIC number of each
			 investor;
(b) The amount of the
			 investment of certified capital or the amount of a binding letter of intent for
			 the investment of certified capital;
(c) The amount of premium tax credits
			 requested; and
(d) The date the
			 certified capital was received or the date a binding letter of intent was
			 made.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.09 - Continuance Of Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To
			 continue to be certified with respect to program one and program two, a CAPCO
			 shall make qualified investments according to the following schedule:
(a) For programs one and two, before the third
			 (3rd) anniversary of an investment pool allocation date, a CAPCO must have made
			 qualified investments of certified capital of such investment pool in qualified
			 technology businesses in an amount cumulatively equal to at least thirty-five
			 percent (35%) of the certified capital in that investment pool.
(b) For program two, of the amount invested
			 before the third (3rd) anniversary of the program two investment pool allocation
			 date pursuant to paragraph 1(a), above, a CAPCO must have invested at least
			 $75,000 of such investment pool amount in no less than one (1) qualified
			 diversity business.
(c) For programs
			 one and two, before the fifth (5th) anniversary of an investment pool allocation
			 date, a CAPCO must have made qualified investments of certified capital of such
			 investment pool in qualified technology businesses in an amount cumulatively
			 equal to at least fifty percent (50%) of the certified capital in that investment
			 pool.
(d) For program two, of the
			 amount invested before the fifth (5th) anniversary of the program two investment
			 pool allocation date pursuant to paragraph 1(c), above, a CAPCO must have
			 invested at least $75,000 of such investment pool amount in no less than three
			 (3) qualified diversity businesses, for a cumulative investment amount of at
			 least $225,000.