reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.08 - Dilution

Current through Register Vol. 42, No. 9, June 28, 2024
Equity shares sold to the public shall not have a greater dilution than sixty percent (60%). To determine the book value of all shares outstanding upon completion of the offering add the net proceeds of the public offering (the amount remaining after deduction commissions and expenses of the offering) to the net tangible book value of the company before the offering and divide this resulting dollar amount by the total number of shares to be outstanding upon completion of the offering. All prospectuses and offering circulars must contain a paragraph headed DILUTION showing the method used in arriving at the book value of all shares outstanding upon completion of the public offering and the increase in value of the insiders' shares.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.09 - Expense Limitation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The total expenses of an offering of securities shall not in the aggregate exceed 20% of the gross proceeds of the offering.
(2) The expenses for marketing the securities paid by the issuer shall not exceed 15% of the gross proceeds of the offering.
(3) Total expenses shall include: underwriting discounts and commissions, value of options or warrants granted underwriters, finders' fees, printing and engraving, advertising, registration and filing fees, legal fees and expenses, accounting fees and expenses and all other expenses directly or indirectly incurred in connection with the sale of securities.
(4) Marketing expenses shall include: underwriting discounts and commissions, value of options or warrants granted underwriters, finders' fees, underwriters' expense allowances and all other expenses directly or indirectly incurred in connection with the marketing of securities.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.10 - Preferred Stock Or Debt Securities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Issuers in a promotional or development phase will not normally qualify to issue preferred stock or debt securities.
(2) An issuer of preferred stock should have earnings after provision for federal income taxes determined in accordance with generally accepted accounting principles for the last fiscal year, excluding extraordinary items, sufficient to pay the dividends on the securities to be offered to the public and there shall be no indication that during the current fiscal year earnings, excluding extraordinary items, will not be less than the required amount to pay dividends on the securities to be offered to the public.
(3) An issuer of debt securities should have earnings before provision for federal income taxes determined in accordance with generally accepted accounting principles for the last fiscal year, excluding extraordinary items, sufficient to pay the interest on the securities to be offered to the public and there shall be no indication that during the current fiscal year earnings, excluding extraordinary items, will not be less than the required amount to pay interest on the securities to be offered to the public.
(4) All debt securities must be issued under a trust indenture with a bank acting as trustee. The trust indenture must comply with the provisions of the Trust Indenture Act of 1939, whether or not the indenture is required to be qualified under the Act. The indenture must contain a provision for a sinking fund sufficient to retire approximately 75% of the debt prior to maturity unless the debt is to mature serially or the debt has a short-term maturity (5 years or less).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.11 - Escrow Of Proceeds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As a condition to registration, where the offering is on a "best efforts" basis, the success of the venture is dependent on the proceeds of the offering or the issuer is in a promotional or developmental phase, the Commission may require that all or part of the proceeds from the sale of securities be escrowed until the issuer deposits a specified minimum amount from the sale of such securities within a specified period of time to accomplish the purposes of the offering and/or until certain stipulated requirements are met. The escrow agreement shall be in the form suitable to the Commission.
(2) The escrow agent shall be a commercial bank or trust company. Checks, drafts and money orders for the purchase of securities shall be made payable to the escrow agent. If a broker/dealer is acting as underwriter or selling agent for the issuer, payments may be made to such broker/dealer who shall promptly make remittance to the escrow agent.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.12 - Escrow Of Securities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In circumstances where there is a substantial disparity between the proposed public offering price of securities and the consideration paid by promoters or insiders for such securities or if securities have been issued or are intended to be issued for any patent right, copyright, trademark, process, formula, goodwill, promotion fees or expenses, going concern value of other intangible assets, the Commission may require as a condition to the registration of securities an escrow of all or part of the securities issued to promoters or insiders.
(2) The escrow agreement shall be in a form suitable to the Commission and shall provide that the owners of such securities shall not be entitled to sell or transfer the securities or withdraw the securities from escrow until:
(a) The company has each year for two consecutive fiscal years net earnings after payment of federal income taxes equal to 5 percent (5%) of the initial public offering price times the average number of shares of the company's common stock outstanding in each respective year, or
(b) All shareholders shall have been paid a dividend or dividends aggregating not less than 6% of the initial offering price shown to the satisfaction of the Commission to have been actually earned on the investment.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.13 - Capital Structure Of Unseasoned Corporations

Current through Register Vol. 42, No. 9, June 28, 2024
Classes of Stock--No issuer in the formative stages or without operating profits shall register or have outstanding any class, type or kind of security except one (1) class of common stock.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.14 - Options Or Warrants Granted Underwriters

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission will not allow the granting of options or warrants to underwriters unless the following criteria is met:
(a) They are issued to the underwriters under a firm underwriting agreement and are not assignable or transferable for a period of one year from date of issuance except to (1) partners of the underwriters when the underwriter is a partnership, and (2) officers or directors of the underwriters when the underwriter is a corporation.
(b) The number of shares covered by the warrants or options do not exceed ten percent of the shares being offered to the public in the offering under consideration.
(c) The initial exercise price of the options is at least equal to the public offering price with a "step-up" of the exercise price of 7% each year they are outstanding, or in the alternative, an overall 20% step-up. The step-up shall commence 12 months after the grant of the option or warrant. The election as to the step-up rate must be made at the time the option or warrant is issued.
(d) The options or warrants do not exceed five (5) years in duration and are exercisable no sooner than eleven (11) months after issuance.
(e) The options or warrants are issued by a relatively small company in the promotional stage where it appears from all the facts and circumstances that the issuance of such options is necessary to obtain competent investment banking service, provided that the direct commissions to the underwriters are lower than the usual and customary commissions would be in absence of such options.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.15 - Options And Warrants To Officer, Employees And Others

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The number of options issued or reserved for issuance shall be reasonable in number and the exercise price of such options and warrants shall not be less than fair market value at the date of granting. In the event such warrants and options exceed 10% of the shares to be outstanding upon completion of the offering, the issuer shall submit a written analysis supporting the reasonableness of the issuer's warrant and option policy.
(2) Options or warrants issued in connection with private placement financing arrangements made by the issuer may be excluded from the ten percent computation of the ruling if the exercise price of the warrant or option is not less than fair market value at time of issuance and the following conditions are met:
(a) The options or warrants are issued contemporaneously with the issuance of the evidence of indebtedness of the loan and expire no later than the final maturity date of the loan;
(b) The options or warrants are issued as a result of a bona fide negotiation between the issuer and parties not affiliated with the issuer;
(c) The options or warrants are issued to obtain favorable financing arrangements in a private placement financing with persons not affiliated with the issuer; and
(d) The number of shares issuable upon exercise of the options or warrants multiplied by the exercise price thereof does not exceed the face amount of the loan.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.16 - Independent Transfer Agent And/Or Registrar

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every issuer of a security required to be registered by Qualification or Coordination having in excess of 100 security holders of record after distribution of its securities shall be required to appoint and maintain an independent transfer agent and/or registrar for its securities.
(2) Each agency agreement shall provide that the following records will be maintained or preserved for a period of not less than six (6) years:
(a) Blotters of other records of original entry containing itemized daily record of all receipts and deliveries of the issuer's securities.
(b) Ledger reflecting the individual transfer records for the issuer's separate securities.
(c) A separate ledger record of restricted securities and restrictive legend thereon.
Author:
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.17 - Credit Sales Prohibited

Current through Register Vol. 42, No. 9, June 28, 2024
There shall be no securities offered or sold on credit or credit terms nor shall the offerer or any related person arrange credit for any purchase of securities. Credit and credit terms as used in this rule include but are not limited to installment contracts, postdated checks, notes and bank endorsements.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.18 - Consents Of Experts

Current through Register Vol. 42, No. 9, June 28, 2024
The following rule shall not apply if the registrant has submitted written consents or said written consents required herein have been waived or are not required by the Securities and Exchange Commission in support of a registration statement filed with the Securities and Exchange Commission.
(a) If any portion of the report of an expert is quoted or summarized as such in the registration statement or in a prospectus, the written consent of the expert shall expressly state that the expert consents to such quotation or summarization.
(b) If it is stated that any information contained in the registration statement has been reviewed or passed upon by any person and that such information is set forth in the registration statement upon the authority of or in reliance upon such persons as experts, the written consents of such persons shall be filed with the registration statement.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.19 - Price Escalation

Current through Register Vol. 42, No. 9, June 28, 2024
The price of equity securities after the first offering by the issuer under an order or registration must be justified by:
(a) Market Value;
(b) Book Value, using tangible items only; or
(c) Capitalization of average annual profits covering a period of at least two (2) years without the use of non-recurring items.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.20 - Separate Registration Of Portfolios And Series Issued By Open-End Management Investment Companies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Open-end management investment companies which intend to register more than one portfolio or series must make a separate registration filing for each additional portfolio or series to be registered.
(2) Any document or exhibits previously on file may be incorporated by reference.
(3) A separate U-1 application must be used for each portfolio or series registration filing unless Rule 830-X-4-.20(4) is applicable. A separate filing fee as calculated by
Code of Ala. 1975
, Section 8-6-8, must be paid for each portfolio or series registration filing, and a separate certificate will be issued for each portfolio or series registered.
(4) The same U-1 application may be used for each portfolio or series registration filing provided the portfolios or series listed on the U-1 share the same federal registration statement and will go effective with the SEC simultaneously. However, a separate filing fee as calculated by
Code of Ala. 1975
, Section 8-6-8, must be paid for each portfolio or series registration filing, and a separate certificate will be issued for each portfolio or series registered.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.21 - NASAA Guidelines

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Unless a specific rule promulgated herein or a state statute conflicts with the Guidelines, in which case the specific rule or statute will control, NASAA Guidelines, as published, will provide the basis for review of:
(a) Affiliate Transactions
(b) Options and Warrants
(c) Nonvoting Stock
(d) Cheap Stock
(e) Oil and Gas Programs
(f) Real Estate Programs
(g) Real Estate Investment Trusts
(h) Equipment Programs
(i) Commodity Pool Programs
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-4 - REGISTRATION OF SECURITIES › Section 830-X-4-.22 - Amendments

Current through Register Vol. 42, No. 9, June 28, 2024
While an order of registration is in effect, there shall be no amendments thereto which will:
(a) Increase the price of the shares being offered,
(b) Increase the number of shares being offered,
(c) Increase the selling expense factor, or
(d) Make any material change with reference to the use of proceeds.
Author:
Formerly Rule No. 830-X-4-.20.
Statutory Authority:
Code of Ala. 1975
, §
										8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-6 - EXEMPT SECURITIES AND EXEMPT TRANSACTIONS › Section 830-X-6-.10 - Eleemosynary Financing

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission will waive the testing requirements of applicants for a securities agent license for the offer or sale of church or other eleemosynary institutional securities exempt pursuant to
Code of Ala. 1975
, §
								8-6-10(8); provided, however, that the following requirements are fully satisfied:
(a) A filing with the Commission which meets the requirements set out in the "Offering Circular Instructions" set out in "Guidelines" [see (e) below], and
(b) The submission of a draft of the Offering Circular proposed to be used in connection with the offering, and
(c) The submission of a registration form (U-4) for those individuals who are to solicit investor funds on behalf of the eleemosynary institution and payment of the fee in accordance with
Code of Ala. 1975
, §
								8-6-3(h), and
(d) Such other requirements as the Commission may from time to time adopt.
(e) There must be substantial compliance with the Guidelines for Eleemosynary Financing ("Guidelines") heretofore promulgated by the Commission which are incorporated herein as a part of this rule by reference.
Copies of these "Guidelines" are available at the office of the Commission.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										8-6-10(8), 8-6-23.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-6 - EXEMPT SECURITIES AND EXEMPT TRANSACTIONS › Section 830-X-6-.13 - Notice Filing Requirements For Federal Crowdfunding Offerings

Current through Register Vol. 42, No. 9, June 28, 2024
The following provisions apply to offerings made under federal
						Regulation Crowdfunding and Section 18(b)(4) of the Securities Act of
						1933:
(1) Filing Requirements.
(a) An issuer whose principal place of
					business is in this state, or if residents of this state have purchased fifty
					percent or greater of the aggregate amount of the offering, shall file the
					following with the Commission:
1. A completed
					Uniform Notice of Federal Crowdfunding Offering form or copies of all documents
					filed with the Securities and Exchange Commission;
2. A consent to service of process on Form
					U-2 if not filing on the Uniform Notice of Federal Crowdfunding Offering form;
					and
3. The filing fee prescribed by
					8-6-8(d).
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-7 - SALE OF CHECKS ACT › Section 830-X-7-.01 - Sale Of Checks Act

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of applying for or renewing a license to engage in the business of selling or issuing or dispensing checks or receiving money as agent for obligors for the purpose of paying such obligors' bills or accounts pursuant to the "Sale of Checks Act," applicants shall use the following forms as concurrently herewith adopted, or as subsequently amended, by the Securities Commission:
Form SA -- Application for license
Form SB -- Surety Bond
Form SD -- Deposit in Lieu of Surety Bond
Form SR -- Application for Renewal of License.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										8-6-23, 8-7-5.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-7A › Section 830-X-7A-.09 - Fee for Renewal of Monetary License

Current through Register Vol. 42, No. 9, June 28, 2024
The Adopted
				version of this section by
				Alabama
				Administrative Monthly Volume XXXVIII, Issue No. 01, October 31,
				2019, file. 10/4/2019 is not yet
				available.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-8 - INDUSTRIAL REVENUE BONDS › Section 830-X-8-.01 - Form And Content Of Notifications

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the information prescribed by
Code of Ala. 1975
, §
								8-6-115, issuers of industrial revenue bonds shall provide the additional information contained in, and shall file as its notification of intention to issue such bonds, Form IRB-1 as adopted concurrently with this rule or as subsequently amended by the Commission. Copies of said form may be obtained from the Securities Commission, Montgomery, Alabama 36130-1201.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										8-6-11, 8-6-113, 8-6-115.
Alabama Administrative Code › Title 830 - ALABAMA SECURITIES COMMISSION › Chapter 830-X-8 - INDUSTRIAL REVENUE BONDS › Section 830-X-8-.02 - Procedures For Issues Involving Retail Commercial Enterprises

Current through Register Vol. 42, No. 9, June 28, 2024
For the protection of investors in Alabama, the staff will not approve, and if necessary, will issue "stop orders" against the issuance of any proposed industrial revenue bonds for a retail commercial enterprise:
(a) Unless, in the judgment of the Director, the necessary financial information is provided and it appears that the issue is not "improvident" as defined by the relevant statute;
(b) Unless the issue is for private placement with a financial institution (as to which private placement the financial institution has supplied a proper "investment letter"); and
(c) Unless the Lessee Corporation:
1. Informs the Commission in writing that it has waived, or will agree in writing to waive, the applicable sales and use tax exemptions for equipment and goods acquired with the proceeds of the bonds, and has, or will agree in writing, to make payments of state and local taxes in an amount equal to and in lieu of otherwise applicable ad valorem taxes, or
2. If the sales and use tax exemptions are not waived and an agreement in writing to make payments equal to and in lieu otherwise applicable ad valorem taxes will not be entered into, includes with the application a statement by the secretary or chairman of the issuing authority that the issuing authority specifically has considered and approved (at a public hearing held after publication in a newspaper of general circulation in the county in which the issuer is located, once each week for two consecutive weeks, the first of which was not less than fourteen (14) days prior to the hearing of the meeting to consider the issue of the bonds of which approval by the Commission or the Director is requested) the exercise of the exemptions from taxes by the lessee.
Author:
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.02 - General Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Description
			 of organization; Method of operation; Public requests for information and
			 submissions.
(a) The Alabama Security
			 Regulatory Board is organized as prescribed in Act 2009-640 as codified in
Code of Ala. 1975
, §34-27C, and is vested with
			 the authority to carry out the provisions of the Act.
(b) The Board meets at such times as shall be
			 necessary to conduct the affairs of the Board. Meetings of the Board shall
			 comply with the provisions of the Alabama Open Meetings Act.
(c) The public may request information from
			 or make submission to the Board by contacting the Administrative Office of the
			 Board in writing at Alabama Security Regulatory Board, 2777 Zelda Road,
			 Montgomery, AL 36106.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.03 - Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama
			 Administrative Procedures Act.
(a) The Alabama
			 Administrative Procedures Act shall be the procedural code for the operations
			 of the Board.
(b) Any rule adopted
			 by the Board is intended, and shall be construed, to be substantively and
			 procedurally in compliance with the provisions of the Alabama Administrative
			 Procedures Act.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.04 - Applications; Licensure And Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General licensure or certification.
(a) Any person or entity covered by the Act
			 shall apply to, receive from, and maintain a license or appropriate
			 certification from the Board.
(b)
			 Unless otherwise provided for, an applicant for a license or certification
			 shall cease to provide regulated services in the State immediately upon receipt
			 of notice that licensure or certification has been denied by the
			 Board.
(c) No personal license or
			 certification shall be issued prior to the Board receiving the applicant's
			 criminal background information.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.05 - Disqualifying Convictions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Felony Convictions
(a) Any person convicted
			 of a felony offense will not be eligible for a license from the Board, unless a
			 full pardon has been granted.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.06 - Qualifying Agents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person
			 designated as a Qualifying Agent must be personally licensed by the Board as a
			 Security Officer or Armed Security Officer.
(2) A Qualifying Agent shall be responsible
			 for all regulated activities of the Contract Security Company in which they are
			 a Qualifying Agent.
(3) At the
			 discretion of the Board, a Qualifying Agent may be personally disciplined by
			 the Board, the Qualifying Agent may be suspended or revoked by the Board, and a
			 Qualifying Agent may be referred for criminal prosecution for violations of the
			 Act or rules adopted by the Board by Qualifying Agent or the Contract Security
			 Company they are a Qualifying Agent.
Author:
Alabama Security Regulatory Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27C-3(a)(1).
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.07 - Certified Trainers

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Certified Trainers.
(a) Designation as a
			 Certified Trainer shall be a certification for purposes of §
									34-27C-4(e).
(b) The Board shall certify two levels of
			 Certified Trainer; Certified Trainer 1 and Certified Trainer 2.
1. A Certified Trainer 1 shall meet all of
			 the qualifications specified in §
										34-27C-9 and shall be qualified to
			 conduct all Board-required training except firearms training.
2. A Certified Trainer 2 shall meet all of
			 the qualifications of §
										34-27C-9; shall submit to the
			 Board proof that the person is certified as a Law Enforcement Firearm
			 Instructor by the Alabama Peace Officers Standards and Training Commission,
			 Federal Bureau of Investigation, the Federal Law Enforcement Training Center,
			 or the National Rifle Association; and shall be qualified to conduct all
			 Board-required training including firearms training.
3. A Certified Trainer certification expires
			 two years from the date of issuance.
(c) Certified Trainer fees.
1. Each person submitting a Certified Trainer
			 1 application shall pay a nonrefundable fee to the Board upon
			 application.
2. Each person
			 submitting a Certified Trainer 2 application shall pay a nonrefundable fee to
			 the Board upon application.
(d) At the discretion of the Board, a
			 Certified Trainer may be personally disciplined by the Board, the Certified
			 Trainer's certification may be suspended or revoked by the Board, and a
			 Certified Trainer may be referred for criminal prosecution for violations of
			 the Act or violation of rules adopted by the Board.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.08 - Training

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General
			 Training Requirements.
(a) The Board requires
			 that a person applying for a personal license as a Security Officer or Armed
			 Security Officer shall have completed at least 8 hours or Armed Security
			 Officer shall have completed at least 14 hours of Board approved classroom
			 training with a Certified Trainer prior to applying for a license from the
			 Board.
(b) Any person who has less
			 than five years of continuous experience as a Security Officer or Armed
			 Security Officer at the time of application to the Board shall not be subject
			 to the eight hours of classroom training required in §
									34-27C-8(a) if a
			 Certified Trainer certifies the person has received at least 8 hours of
			 classroom training as specified in §
									34-27C-8(a) at
			 any time during the applicant's current period of employment.
(c) Any training certificate, verification of
			 training, certification of training, or any other training documentation or
			 record provided to any training course attendee by a Certified Trainer shall
			 contain, at minimum, the name of the course, the date that the training was
			 completed, a declaration that the attendee successfully completed the course,
			 and the name, certification number, and original signature of the Certified
			 Trainer who conducted the training.
(d) An applicant for a personal license
			 claiming an exemption for training requirements as permitted by 34C-27-8(d)
			 shall provide proof of training received or prior continuous experience as
			 requested by the Board. Failure or refusal to provide the requested proof shall
			 be grounds for denial of licensure by the Board.
1. Successful completion of Board mandated
			 training shall be determined by the attendee achieving an acceptable score on a
			 written test related to the course subject matter or achieving an acceptable
			 qualification score on a firearm qualification course.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.09 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person
			 performing any regulated work activity on less than 30 calendar days in any
			 calendar year is exempt from the individual license requirements of the
			 Act.
Author:
Alabama Security Regulatory Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27C-3(a)(1).
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.10 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall
			 establish and collect reasonable fees for the administration and regulation of
			 licenses.
(a)
Personal Application and License
$ 50.00
(b)
Personal License Late Fee
$ 25.00
(c)
Security Company License
$250.00
(d)
Security Company License Late Fee
$125.00
(e)
Certified Trainer 1 License
$100.00
(f)
CT 1 Late Fee
$ 50.00
(g)
Certified Trainer 2 License
$200.00
(h)
CT 2 License Late Fee
$100.00
(i) Replacement
Contract Security Company License Fee
$ 50.00
(J)
Personal License Replacement Fee
$ 10.00
(k)
Special Licensure
$100.00
(l)
Special Licensure Replacement Fee
$ 25.00
(m)
Current Criminal History Check Fee
Current Fee Assessed by Alabama Law Enforcement
							 Agency (ALEA)
Author:
Alabama Security Regulatory Board
Statutory Authority:
Code of Ala.
				  1975
, § 34-27
				  C-3(a)(1).
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.11 - Inspection Of Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Inspections may be initiated by the Board at any time during normal and
			 reasonable business hours after licensure. Failure to cooperate with such
			 inspection may lead to disciplinary action by the Board.
(2) The inspection of business premises of a
			 licensee, licensed contract security company, and/or licensed contract security
			 company shall be limited to licensure compliance, training records and/or
			 files, personnel records and/or files, financial records and/or files, company
			 policies, and/or any and all other documents, records, and/or files related to
			 security work or that pertain to the laws, rules and regulations governing
			 security work.
Author
: Alabama Security Regulatory Board
Statutory Authority
:
Code of Ala.
				  1975
, §
										34-27C-3(a)(1).
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.12 - License Renewals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 personal license must be renewed on or before the expiration date of the
			 license. To renew a personal license, the licensee must forward to the board a
			 renewal application accompanied by the renewal fee and all other requirements
			 for licensing outlined in Chapter
			 832-X-1-.04. Any personal license
			 not renewed on or before the expiration date will be subject to a late fee
			 outlined in Chapter
			 832-X-1-.10. A personal license
			 that is expired two years past its expiration date will not be eligible to
			 renew and must submit an application for a new license and meet all current
			 qualifications.
(2) A certified
			 trainer license must be renewed on or before the expiration date of the
			 license. To renew a certified trainer license, the licensee must forward to the
			 board a renewal application accompanied by the renewal fee and all other
			 requirements for licensing outlined in Chapter
			 832-X-1-.04. Any certified
			 trainer license not renewed on or before the expiration date will be subject to
			 a late fee outlined in Chapter
			 832-X-1-.10. A certified trainer
			 license that is expired two years past its expiration date will not be eligible
			 to renew and must submit an application for a new license and meet all current
			 qualifications.
(3) A company
			 license will expire on September 30th of each year
			 and must be renewed prior to October 1st of that
			 year. A company license cannot be renewed if the renewal application is not
			 received in the office prior to October 31 of that year and must submit a new
			 company license to the Board and meet all current requirements. To renew a
			 company license, the company must forward to the board a renewal application
			 accompanied by the renewal fee and all other requirements for licensing
			 outlined in Chapter
			 832-X-1-.04.
Author:
Alabama Security Regulatory Board
Statutory Authority:
Code of Ala.
				  1975
, § 34-27 C-4.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.13 - Discipline Of A License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When
			 charges are made against a licensee through a written complaint which would
			 justify suspension or revocation, if proven, notice of the specific nature of
			 the charges and the time and place of a hearing will be served upon the accused
			 by registered mail and addressed to the last known address on record, not less
			 than twenty-one (21) days before the date fixed for such hearing.
(2) The Board may suspend, revoke, or refuse
			 to issue or renew a license after notice and opportunity for the applicant/
			 licensee to be heard, upon proof of any of the following actions:
(a) Failure to meet any requirement
			 established by law or by rule adopted by the Board.
(b) Engaging in fraud, misrepresentation,
			 deception, or concealment of a material fact in applying for, receiving, or
			 maintaining a license or certification with the Board.
(c) Having a disqualifying conviction as
			 defined by the Board.
(d) Failure
			 to pay all fees required by the Board.
(e) Making any payment to the Board that is
			 dishonored.
(f) Having a comparable
			 license or certification denied, revoked, or suspended in any other
			 jurisdiction.
(g) Having a formal
			 disciplinary action pending in any jurisdiction before any regulatory authority
			 that is comparable in purpose to the Board.
(h) Failure to comply with any refresher
			 training requirements.
(i) Failure
			 to pay any fine assessed by the Board within 15 calendar days of final notice
			 of the assessment.
(j) When there
			 is probable cause to believe that a licensed Contract Security Company or a
			 person with a current license or certification from the Board has violated the
			 Act or any rule adopted by the Board.
(k) Any other reason as determined by the
			 Board that a Contract Security Company or person is unsuitable for licensure or
			 certification by the Board.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.14 - Discipline Of A License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When
			 charges are made against a licensee through a written complaint which would
			 justify suspension or revocation, if proven, notice of the specific nature of
			 the charges and the time and place of a hearing will be served upon the accused
			 by registered mail and addressed to the last known address on record, not less
			 than twenty-one (21) days before the date fixed for such hearing.
(2) The Board may suspend, revoke, or refuse
			 to issue or renew a license after notice and opportunity for the applicant/
			 licensee to be heard, upon proof of any of the following actions:
(a) Failure to meet any requirement
			 established by law or by rule adopted by the Board.
(b) Engaging in fraud, misrepresentation,
			 deception, or concealment of a material fact in applying for, receiving, or
			 maintaining a license or certification with the Board.
(c) Having a disqualifying conviction as
			 defined by the Board.
(d) Failure
			 to pay all fees required by the Board.
(e) Making any payment to the Board that is
			 dishonored.
(f) Having a comparable
			 license or certification denied, revoked, or suspended in any other
			 jurisdiction.
(g) Having a formal
			 disciplinary action pending in any jurisdiction before any regulatory authority
			 that is comparable in purpose to the Board.
(h) Failure to comply with any refresher
			 training requirements.
(i) Failure
			 to pay any fine assessed by the Board within 15 calendar days of final notice
			 of the assessment.
(j) When there
			 is probable cause to believe that a licensed Contract Security Company or a
			 person with a current license or certification from the Board has violated the
			 Act or any rule adopted by the Board.
(k) Any other reason as determined by the
			 Board that a Contract Security Company or person is unsuitable for licensure or
			 certification by the Board.
(l)
			 Having been found mentally or physically impaired on the job while under the
			 influence of alcohol, drugs, or any other substance that causes mental or
			 physical impairment.
Alabama Administrative Code › Title 832 - ALABAMA SECURITY REGULATORY BOARD › Chapter 832-X-1 - ADMINISTRATION AND PROCEDURES › Section 832-X-1-.15 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Any person or entity aggrieved by any final action of the board
				may appeal within 30 days to the Circuit Court of Montgomery
				County.
Original Rule .14 was renumbered to .15 per certification
				  filed January 27, 2017; effective March 13,
				  2017.
Author:
Alabama Security Regulatory Boar
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27C-3(a)(1).
				  Histo ry: New Rule: Filed February 24, 2014; effective March 31, 2014.
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama State Board of Social Work Examiners was created to
				maintain the integrity of the social work profession and to protect the public
				against dangers arising from attempts of incompetent or unscrupulous persons to
				practice the profession of social work. This purpose is achieved through the
				establishment of minimum qualifications for licensure and certification in the
				profession of social work practice, through the adoption of rules defining and
				delineating unlawful conduct, and through swift and effective discipline for
				those practitioners who violate the applicable laws or rules promulgated
				hereunder.
Author:
Robert M. Weinberg, Assistant Attorney
				General
Statutory Authority:
Code of Ala.
				  1975
, §
										34-30-57 (1991).
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.02 - Policy Against Discrimination

Current through Register Vol. 42, No. 9, June 28, 2024
It is the policy of the Board of Social Work Examiners that no
				person shall ever be excluded from licensure or certification, participation
				in, denied the benefits of, or subjected to discrimination under any program,
				activity, employment, or service administered by the Board, on the basis of
				race, color, creed, religion, national origin, sex, disability, or age.
Author:
Robert M. Weinberg, Assistant Attorney
				General.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-30-57 (1991).
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.03 - General Description Of Organization And Operation

Current through Register Vol. 42, No. 9, June 28, 2024
The Board is an independent agency of the State of Alabama. All
				costs of operating the Board, including administrative, secretarial, clerical,
				investigative and legal, are paid by fees collected by the Board. The Attorney
				General and his/her assistants provide legal services to the Board. The Board
				may utilize the assistance of licensed social workers as voluntary advisory
				panel members to assist the Board in complying with these
				rules.
Rule .03 was repealed and rule .04 was renumbered .03 as per
				  certification filed September 15, 2016; effective October 30,
				  2016.
Author:
Alabama State Board of Social Work
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4(a)(1) (1991).
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.04 - Employment Of Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may employ investigators, attorneys and any other
				agents and employees and assistants as may from time to time be necessary to
				bring about and maintain a rigid administration and enforcement of Alabama law
				regulating the practice of social work.
Rule .05 was repealed and rule .06 was renumbered .04 as per
				  certification filed September 15, 2016; effective October 30,
				  2016.
Author:
Alabama State Board of Social Work
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4(a)(1) (1991); §
										41-22-6 (1996
				  Supp.).
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.05 - Executive Secretary

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall employ an executive secretary who shall be
				responsible for the administration and execution of Board policy. The executive
				secretary is designated as agent for the Board for service of legal process
				upon the Board. All correspondence to the Board, including requests for
				information and all submissions and other requests should be made to the
				executive secretary at the Board's headquarters as follows:
Executive Secretary
Alabama State Board of Social Work Examiners
Folsom Administrative Building
64 No. Union Street, Suite 129
Montgomery, Alabama 36130
Rule .07 was renumbered .05 as per certification filed
				  September 15, 2016; effective October 30,
				  2016.
Author:
Alabama State Board of Social Work
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4(a)(1) (1991); §
										41-22-6 (1996
				  Supp.).
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.06 - Rules Of Order

Current through Register Vol. 42, No. 9, June 28, 2024
All proceedings of the Board shall be governed by Robert's
				Rules of Order, latest revised edition, except during disciplinary hearings and
				except where otherwise provided in these rules.
Rule .08 was renumbered .06 as per certification filed
				  September 15, 2016; effective October 30,
				  2016.
Author:
Alabama State Board of Social Work
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4(a) (2) (1991).
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.07 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each member of
			 the Board shall be given five business days' notice of the time, place, and
			 purpose of any special meeting by the executive secretary, unless such notice
			 is waived by the individual member or unless such member is present at the
			 called meeting.
(2) Failure of any
			 Board member to attend any three consecutive regular meetings shall be
			 considered cause for removal as provided in
Code of Ala.
			 1975
, §
								34-30-55 (1991).
Rules .09 and .10 were repealed and rule .11 was renumbered
				  .07 as per certification filed September 15, 2016; effective October 30,
				  2016.
Author:
Alabama State Board of Social Work
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-30-56 (1991).
Alabama Administrative Code › Title 850 - ALABAMA STATE BOARD OF SOCIAL WORK EXAMINERS › Chapter 850-X-1 - GENERAL PROVISIONS › Section 850-X-1-.08 - Voting

Current through Register Vol. 42, No. 9, June 28, 2024
All members of the Board, including the chairman, are entitled
				to vote and to make or second motions. A majority of those members of the Board
				present and voting on any matter shall decide that matter before the Board,
				except on procedural and evidentiary matters which are provided for elsewhere
				in the Rules. The chairman shall vote as a member of the
				Board.
Rule .12 was renumbered .08 as per certification filed
				  September 15, 2016; effective October 30,
				  2016.
Author:
Alabama State Board of Social Work
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4(a) (2) (1991).