reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.07 - Subpoenas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon a proper
			 request by either party or an intervenor, the Board may issue a subpoena to
			 compel the attendance of a witness or witnesses or may command the person to
			 whom it is directed to produce designated books, papers, documents or tangible
			 things which constitute or contain matters within the scope of the examination.
			 Whether a subpoena shall be issued shall rest within the sound discretion of
			 the Chairman of the Board and may be denied if it is frivolous or otherwise
			 unnecessary or if the request is unreasonable or oppressive. Subpoenas for
			 witnesses shall not exceed four (4) in number except upon an affirmative
			 showing that a greater number is required for the proper presentation of a
			 case. A request for a subpoena duces tecem shall set forth with particularity
			 the documents or things to be produced and the identity of the custodian. All
			 requests for subpoenas shall include addresses sufficient for personal service
			 and service by certified mail.
(a) Subpoenas
			 issued by the Board shall be served by certified mail or by any authorized
			 officer of the Department of Industrial Relations. No fee shall be allowed for
			 such personal service.
(b)
			 Subpoenas issued by the Board shall be enforceable according to the provisions
			 of
Code of Ala. 1975
, §
									25-4-97.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.08 - Representation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In any
			 proceeding before the Board of Appeals, any party or an intervenor may
			 represent himself or be represented by an attorney at law or by any other
			 person who is qualified to represent others in the matters under consideration.
			 Any such duly appointed attorney or representative may appear at the hearing in
			 a representative capacity or take any other action which the party might take
			 under these rules. The Board may, for lack of qualifications or other
			 sufficient cause, bar any person from representing any party in which event the
			 reasons therefor shall be set out in the record of the proceeding.
(2) A partnership may be represented by any
			 of its members or other duly authorized representative. A corporation or
			 association may be represented by an officer, employee or any other duly
			 authorized representative. Any governmental agency may be represented by an
			 officer or employee or any other authorized person.
Authors:
George Cocoris, Carl E.
				Kohler
Statutory Authority:
Code of Ala.
				  1975
, §§
										25-2-17,
				  25-4-94.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.09 - Postponements, Withdrawals, Default, Consent Orders, And Agreed Settlements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Postponements
. Any hearing may be postponed or
			 continued by the Board for good cause shown either upon the Board's own motion
			 or upon the request of an intervenor or an interested party. Postponements
			 shall be granted only when necessary to afford all parties a reasonable
			 opportunity for a fair hearing and for the full presentation of evidence. No
			 party shall be granted more than one postponement except in the case of extreme
			 emergency or unusual hardship as determined by the Board.
(2)
Withdrawals
. An
			 appeal may be withdrawn by the appellant at any time prior to the issuance of a
			 decision with approval of the Board before whom the matter is pending. Requests
			 for withdrawal of an appeal shall be stated in the record of the proceeding or
			 shall be submitted in writing. Such a withdrawal shall be construed to be a
			 consent to abide by the administrative determination from which the appeal is
			 taken and such determination shall have such effect as if no appeal had been
			 filed.
(3)
Non
			 Appearance of Parties
. If after notice of hearing as provided by
			 these rules a party fails to appear the Board may proceed with the hearing and
			 make a decision in the absence of the party. If the absent party is the
			 appellant the Board may in the exercise of discretionary power and authority
			 conferred by this rule declare a default and make a disposition of the case on
			 the basis of default.
(4)
Consent Orders and Agreed Settlements
. The Board shall
			 not make disposition of a contested case solely on the basis of consent or
			 agreed settlement.
Authors
: George Cocoris, Carl E. Kohler
Statutory Authority
:
Code of Ala.
				1975
, §§
									25-2-17,
				25-4-94.
History
:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.11 - Decision And Notice Of Decision

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Following the conclusion of a hearing on
			 an appeal, the Board of Appeals shall, within 30 days, announce its findings of
			 fact and decision with respect to the appeal. The decision shall be in writing
			 and shall be signed by the members of the Board of Appeals who heard the
			 appeal. It shall set forth the findings of fact of the Board with respect to
			 the matters appealed, its decision, and the reason therefor.
(2) If a decision of the Board of Appeals is
			 not unanimous, the decision of the majority shall control. The member
			 dissenting may file a dissent from such decision setting forth the reasons why
			 he failed to agree with the majority.
(3) Copies of the decisions and the reasons
			 therefor shall be mailed by the Board of Appeals to the claimant and to the
			 other parties to the proceeding.
Authors:
George Cocoris, Carl E. Kohler
Statutory Authority
:
Code of Ala.
				1975
, §§
									25-2-17,
				25-4-94.
History
:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.12 - Furnishing Of Transcripts - Consideration Of Same By The Board Of Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The testimony
			 taken before a hearing officer relative to a claim for unemployment
			 compensation benefits need not be transcribed unless an appeal is applied for
			 or taken.
(2) Any party to an
			 appeal that has been allowed by the Board of Appeals may request a
			 transcription of the proceeding before the Hearing Officer after first paying
			 the cost in accordance with Rule
			 480-1-2-.11.
(3) In the event no transcript is requested
			 pursuant to Rule
			 480-1-2-.11 by the Board of
			 Appeals or by either party to an appeal to the Board of Appeals, the Board may
			 render its decision on the record, the evidence submitted and the testimony
			 elicited before the Board of Appeals.
Author:
George Cocoris, Carl
				Kohler
Statutory Authority:
Code of Ala.
				  1975
, §§
										25-2-17,
				  25-4-94.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.02 - Authority Of A Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
In all matters entrusted to a hearing officer by the Director
				under applicable statute rule or policy, the power and authority to enter
				decisions and judgments as appropriate under the applicable statutes, rules or
				policies, shall be conferred.
Authors
: George Cocoris, C. Lamon Till
Statutory Authority
:
Code of Ala.
				1975
, §
								25-2-8.
History
: Effective September 30,
				1982.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.03 - Duties And Disqualifications Of Hearing Officers

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Duties
. A
			 Hearing Officer shall perform all duties generally required of an
			 administrative hearings officer incidental to the conducting of assigned
			 hearings and issuing decisions thereon.
(2)
Disqualifications
. No Hearing Officer shall perform
			 duties relative to the conduct of hearings or making any decisions and shall
			 withdraw from those cases where:
(a) The
			 Hearing Officer has had any direct participation in the decision appealed
			 from.
(b) The Hearing Officer has
			 personal knowledge of disputed evidentiary facts concerning the proceeding.
(c) The Hearing Officer, spouse,
			 or minor child or any person directly related to either has a pecuniary
			 interest in the outcome of the proceeding.
(d) The Hearing Officer or spouse is directly
			 related to a party to the proceeding or an officer, director or trustee of a
			 party to the proceeding, or the representative of any party.
(e) The Hearing Officer, spouse or any person
			 directly related to either is likely to be a witness in the proceeding.
(f) The Hearing Officer has any
			 other bias, interest or prejudice which would impair an impartial hearing and
			 decision.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.05 - Representation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In any
			 proceeding before a Hearing Officer, any party or an intervenor may represent
			 himself or be represented by an attorney at law or by any other person who is
			 qualified to represent others in the matters under consideration. Any such duly
			 appointed attorney or representative may appear at the hearing in a
			 representative capacity or take any other action which the party might take
			 under these rules. The Hearing Officer may, for lack of qualifications or other
			 sufficient cause, bar any person from representing any party in which event the
			 reasons therefor shall be set out in the record of the proceeding.
(2) A partnership may be represented by any
			 of its members or other duly authorized representative. A corporation or
			 association may be represented by an officer, employee or any other duly
			 authorized representative. Any governmental agency may be represented by an
			 officer or employee or any other authorized person.
Authors
: George Cocoris, C. Lamon Till
Statutory Authority
:
Code of Ala.
				1975
, §
									25-2-8.
History
: Effective September 30,
				1982.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.06 - Subpoenas And Depositions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Upon a proper request by either party or an intervenor, the Hearing Officer may
			 issue a subpoena to compel the attendance of a witness or witnesses or may
			 command the person to whom it is directed to produce designated books, papers,
			 documents or tangible things which constitute or contain matters within the
			 scope of the examination. Whether a subpoena shall be issued shall rest within
			 the sound discretion of the Hearing Officer and may be denied if it is
			 frivolous or otherwise unnecessary or if the request is unreasonable or
			 oppressive. Subpoenas for witnesses shall not exceed four (4) in number except
			 upon an affirmative showing that a greater number is required for the proper
			 presentation of a case. A request for a subpoena duces tecum shall set forth
			 with particularity the documents or things to be produced and the identity of
			 the custodian. All requests for subpoenas shall include addresses sufficient
			 for personal service and service by certified mail.
(a) Subpoenas issued by the Hearing Officer
			 shall be served by certified mail or by any authorized officer of the
			 Department of Industrial Relations. No fee shall be allowed for such personal
			 service.
(b) Subpoenas issued by
			 the Hearing Officer shall be enforceable according to the provisions of
Code of Ala. 1975
, §
									25-4-97.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.07 - Withdrawals

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Withdrawals
. An appeal may be withdrawn by the
			 appellant at any time prior to the issuance of a decision with approval of the
			 Hearing Officer before whom the matter is pending. Requests for withdrawal of
			 an appeal shall be stated in the record of the proceeding or shall be submitted
			 in writing. Such a withdrawal shall be construed to be a consent to abide by
			 the administrative determination from which the appeal is taken and such
			 determination shall have such effect as if no appeal had been filed.
Authors
: George Cocoris, C. Lamon Till
Statutory Authority
:
Code of Ala.
				1975
, §
									25-2-8.
History
: Effective September 30,
				1982.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.08 - Identification Of Interested Parties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In all cases coming before a Hearing
			 Officer the Department of Industrial Relations shall be considered an
			 interested party.
(2) In cases
			 involving the circumstances of an individual's separation from employment, the
			 interested parties shall be the claimant, the Department of Industrial
			 Relations and the claimant's last employing unit.
(3) When the appeal involves an offer of work
			 or a recall to work, the interested parties shall be the claimant, the
			 Department of Industrial Relations and the employer making the offer or recall.
			 In cases where the claimant was referred by the Alabama State Employment
			 Service, the local Alabama State Employment Service employee making the
			 referral shall be a witness at the hearing, if available.
(4) Where the case involves the determination
			 of an overpayment established pursuant to
Code of Ala.
			 1975
, §
								25-4-91(e) and
			 §
								25-4-145(a)(4)
			 the interested parties shall be the claimant and the Unemployment Compensation
			 Agency.
(5) Where the contested
			 case involves a determination made pursuant to
Code of Ala.
			 1975
, §
								25-4-145(a)(3)
			 which imposes a penalty resulting from alleged false statements or
			 misrepresentations made by the claimant, the interested parties shall be the
			 claimant and the Unemployment Compensation Agency.
(6) In all other cases, the Hearing Officer
			 shall determine the identity of the interested parties and shall not proceed in
			 the absence of proper notice as required by these rules.
Author
: George Cocoris, C. Lamon Till.
Statutory Authority
:
Code of Ala.
				1975
§
									25-2-8.
History
: Effective September 30,
				1982.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.09 - Scheduling And Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A party appealing from a determination of
			 a claims examiner on a claim for benefits shall file with the Department of
			 Labor, 649 Monroe Street, Montgomery, Alabama 36131, a notice of appeal. This
			 notice shall be in writing and shall include the appellant's name, address,
			 social security number and shall state the grounds upon which review is sought.
			 Receipt of the appeal by the Agency within the time prescribed by the state
			 shall constitute filing.
(2) An
			 appeal to a hearing officer on an Unemployment Compensation benefit claim shall
			 be promptly scheduled and heard using the teleconferencing method or at a
			 regular hearing location most accessible to the claimant.
(3) Contested case hearings other than
			 Unemployment Compensation benefit claims shall be promptly scheduled and heard
			 by the hearing officer according to appropriate statute, rule or
			 policy.
(4) Notice of hearing shall
			 be sent to all parties to the proceeding at their last known address or place
			 of business. It is the duty and responsibility of each party to inform the
			 Hearing Officer of any change of address to which future notices and
			 communications should be directed. Delivery of the notice by mail shall be
			 effective upon the deposit of the notice in the United States mail, first
			 class, postage prepaid. The notice on Unemployment Compensation benefit claims
			 hearings shall be mailed at least 7 days before date of hearing except that a
			 shorter notice period may be used if not prejudicial to the parties and shall
			 include:
1. A statement of the time, place
			 and nature of the hearing;
2. A
			 statement of the legal authority and jurisdiction under which the hearing is to
			 be held;
3. A reference to the
			 particular sections of the statutes and rules involved;
4. A short and plain statement of the matter
			 asserted.
If the agency or other party is unable to state the matters in
				detail at the time the notice is served, the initial notice may be limited to a
				statement of the issues involved. Thereafter upon application, a more definite
				and detailed statement shall be furnished.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.10 - Postponements, Default, Consent Orders And Agreed Settlements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Postponements
. Any hearing may be postponed or
			 continued by the Hearing Officer for good cause shown either upon the Hearing
			 Officer's own motion or upon the request of an intervener or an interested
			 party. Postponements shall be granted only when necessary to afford all parties
			 a reasonable opportunity for a fair hearing and for the full presentation of
			 evidence. No party shall be granted more than one postponement except in the
			 case of extreme emergency or unusual hardship as determined by the Hearing
			 Officer.
(2)
Non
			 Appearance of Parties
. If after notice of hearing as provided by
			 these rules a party fails to appear the Hearing Officer may proceed with the
			 hearing and make a decision in the absence of the party. If the absent party is
			 the appellant the Hearing Officer may in the exercise of discretionary power
			 and authority conferred by this rule declare a default and make a disposition
			 of the case on the basis of default.
(3)
Consent Orders and Agreed
			 Settlements
. The Hearing Officer shall not make disposition of an
			 appeal on an Unemployment Compensation benefit claim solely on the basis of
			 consent or agreed settlement.
Authors:
George Cocoris, C. Lamon Till
Statutory Authority
:
Code of Ala.
				1975
, §
									25-2-8.
History
: September 30, 1982.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.11 - Decision And Notice Of Decision

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In all contested cases the Hearing
			 Officer shall render a decision in writing within 30 days after the hearing is
			 concluded. The decision shall be in writing and shall be signed by the Hearing
			 Officer. It shall set forth the Hearing Officer's findings of facts with
			 respect to the matters appealed, the decision and the reasons
			 therefor.
(2) A copy of the
			 decision shall promptly be given or mailed to each party to the appeal.
(a) In Unemployment Compensation Benefit
			 Claims appeals, the decision shall include the manner in which and the time
			 within which an application for an appeal to the Board of Appeals may be filed.
Authors
: George Cocoris, C. Lamon Till
Statutory Authority
:
Code of Ala.
				1975
, §
										25-2-8.
History
: September 30, 1982.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.12 - Filing Of An Appeal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 party appealing from a determination of a claims examiner on a claim for
			 unemployment compensation benefits shall file an appeal in writing with the
			 Department of Labor, Montgomery, Alabama 36131.
(2) A party contesting in any other matter
			 shall file with the Department of Labor, Hearing and Appeals Division,
			 Montgomery, Alabama 36131 or as may be prescribed by statute or rule or as
			 indicated upon official correspondence.
(3) The appeal shall be filed in writing and
			 state the facts alleged and the grounds upon which a review is sought. Receipt
			 of the appeal within the time prescribed by statute or rule shall constitute
			 timely filing.
Authors:
Hoyt N. Russell, Division of Hearings
				  and Appeals, Venessa Watkins
Statutory Authority:
Code of Ala.
				  1975
, §§
										25-2-8,
				  25-4-91;
				  41-22-12.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-4 - HEARINGS AND APPEALS › Section 480-1-4-.13 - Telephone Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Department of Labor, Hearing and Appeals Division, shall have the power to
			 conduct unemployment compensation appeal hearings by use of a teleconferencing
			 telephone system.
(2) In any
			 proceeding before a hearing officer using the teleconferencing method, any
			 party intending to submit documents for the hearing officer's consideration
			 must submit the same to the Department of Labor, Hearings and Appeals Division,
			 Montgomery, Alabama 36131.
(a) Documents must
			 be received at least five days prior to the hearing.
(b) Copies of said documents shall be
			 provided to the adverse party by the Agency prior to the hearing.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-2-1 - GENERAL PROVISIONS › Section 480-2-1-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant
			 wishing to submit a complaint concerning service received from any Alabama
			 Career Center may do so using form ETA 8429. This form may be obtained from any
			 Alabama Career Center. This form is signed by the person making the complaint
			 and the agency staff member accepting the complaint.
(2) A person wishing to file a complaint
			 against a place of employment to which he/she has been referred by the Alabama
			 Career Center System within the past 12 months because of hazards relating to
			 safety or health, suspected discrimination, violations of the Fair Labor
			 Standards Act or any other Federal or State employment law, shall have his/her
			 complaint taken on form ETA 8429 and sent to the proper enforcement agency for
			 investigation and determination.
(3) All complaints that cannot be resolved by
			 the local Alabama Career Center are sent to the Monitor/Advocate in the
			 Department's administrative office who, after appropriate investigation, takes
			 whatever action is necessary to informally resolve the complaint.
(4) After action has been taken concerning a
			 complaint, the results are mailed to the person making the complaint who must
			 be advised of appeal rights in the event the resolution is unsatisfactory to
			 such person. A detailed description of the complaint system is contained in
			 20 CFR
			 658.400 through
			 658.419.
Authors:
Tom Karrh; David White
Statutory Authority:
Code of Ala.
				  1975
, §§
										25-2-2(5),
				  25-2-8.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-2-1 - GENERAL PROVISIONS › Section 480-2-1-.02 - Disclosure Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Employment Service will permit disclosure of information from its files and
			 records:
(a) To individual applicants and
			 employers to the extent necessary for the efficient performance of recruitment,
			 placement, employment counseling, and other Employment Service
			 functions.
(b) To applicants,
			 employers, and the public, general information concerning employment
			 opportunities, employment levels and trends, and labor supply and demand,
			 provided such release or publication does not include information identifiable
			 to individual applicants, employers, or employing establishments and is
			 otherwise not in violation of
Code of Ala. 1975
,
			 §
									25-4-116 and §
									25-4-118 or any other cooperative
			 agreement with BLS or other agencies. No specific information directly or
			 indirectly identifiable to an individual employer or employing establishment
			 shall be disclosed to the general public or to individual job applicants except
			 as provided in the referral process.
(c) To all governmental authorities lawfully
			 charged with the administration of a law providing for public assistance, law
			 enforcement, pension and retirement, unemployment compensation, vocational
			 rehabilitation, or other benefit payments, but only for purposes reasonably
			 necessary for the proper administration of such law and the disclosure will not
			 impede the operation of and is not inconsistent with the purposes of the public
			 employment service program.
(d) To
			 individual employers concerning individual applicants which is pertinent to
			 placement may be disclosed at the time of referral to an employer who is
			 considering the applicant for a job. Such disclosure should be restricted to
			 information which will indicate whether or not the applicant meets the
			 employer's specifications. Employers ordinarily should not be permitted to
			 examine or review application cards. However, when essential to expedite
			 placement, an employer may be permitted to examine applications, provided the
			 cards have been selected beforehand by an interviewer and do not contain any
			 information which should not be disclosed. Employers are not permitted access
			 to the whole application file or portions of it, or to other local office
			 records.
(e) To courts when a
			 subpoena is served calling for information provided the request is referred to
			 the Legal Division or appropriate action. The Legal Division will, in those
			 cases it deems legally necessary and proper, file the appropriate motion to
			 quash the subpoena in those cases which information may not be disclosed under
			 the Federal and State disclosure laws, rules and regulations. Copies of records
			 shall be provided to a requesting party as set out under the provisions of Rule
			 480-1-2-.06.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-2-1 - GENERAL PROVISIONS › Section 480-2-1-.03 - Alabama Veterans Performance Incentive Awards Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose
:
(a) The intent of the Alabama Veterans
			 Performance Incentive Award Program is to encourage the improvement and
			 modernization of employment, training, and job placement services for veterans,
			 and recognize eligible employees for excellence in providing such services, or
			 for having made demonstrative improvements in the service delivery system for
			 veterans.
(b) The Alabama Veterans
			 Performance Incentive Awards Program is designed to motivate service providers
			 to provide extraordinary and commendable services to veterans, and to improve
			 service delivery to veterans.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-1 - CHILD LABOR › Section 480-3-1-.01 - Duties Of Officers Charged With Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any superintendent, principal, attendance
			 officer, health officer or other official charged with the enforcement of the
			 provisions of
Code of Ala. 1975
, § 25-8-1 through
			 § 25-8-30 in relation to Child Labor shall observe the procedures,
			 precedents, interpretations, etc. contained in the Alabama Child Labor
			 Precedent Manual in the carrying out of official duties.
(a) Any such officer may obtain the Alabama
			 Child Labor Precedent Manual without charge from the Alabama Department of
			 Industrial Relations, State Programs Division.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-1 - CHILD LABOR › Section 480-3-1-.02 - Cancellation Of Illegally Issued Or Improperly Issued Employment Certificate, Age Certificate Or Permit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon the cancellation of an employment
			 certificate, age certificate or permit, the Department shall give notice to all
			 parties as provided in Rule
			 480-1-4-.09 and conduct a hearing
			 as provided in Rules
			 480-1-4-.02 through
			 480-1-4-.11.
(2) This rule shall become effective on
			 October 1, 1983.
Author:
James B. Cogdell.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-8.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-1 - CHILD LABOR › Section 480-3-1-.03 - Authority Of School Attendance Officers To Instigate Prosecutions

Current through Register Vol. 42, No. 9, June 28, 2024
School attendance officers, when authorized by the Department
				of Industrial Relations pursuant to § 25-8-23, may initiate prosecutions
				under
Code of Ala. 1975
, § 25-8-1 through §
				25-8-30 and shall have the same authority to initiate prosecutions as is given
				by law to the Department of Industrial Relations.
(a) Authorization can be obtained by making
			 written application for the same to the Director of Industrial Relations, 649
			 Monroe Street, Montgomery, Alabama 36130.
Author:
James B. Cogdell
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-8
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-1 - CHILD LABOR › Section 480-3-1-.04 - Duties Of Owners Of Establishments Employing Minors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The number and location of water closets
			 or privies and the number of required sanitary drinking fountains and the
			 practicability of inside location of water closets shall be determined by the
			 Department of Industrial Relations after reviewing the particular facts on a
			 case by case basis.
(2) If an
			 employer is aggrieved by the decision of the Department, notice of appeal shall
			 be filed with the Alabama Department of Industrial Relations, State Programs
			 Division, 649 Monroe Street, Montgomery, Alabama 36130.
(a) When an appeal is received the Department
			 shall issue a notice of hearing as provided for under Rule 480-1-4.-09 and
			 conduct a hearing as provided for under Rules 480-1-4 -.-02 through
			 480-1-4-.11.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-1 - CHILD LABOR › Section 480-3-1-.05 - Order For Correction Of Insanitary Or Unhealthful Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the
			 Department of Industrial Relations determines after an inspection that there
			 exists unsanitary or unhealthful conditions in an establishment where minors
			 are employed, the Department shall issue a written order for the correction of
			 such conditions and compel compliance as provided by statute.
(2) Any employer aggrieved by the order of
			 the Department shall file a request for appeal with the Alabama Department of
			 Industrial Relations, State Programs Division, 649 Monroe Street, Montgomery,
			 Alabama 36130.
(a) Upon receipt of the request
			 for appeal the Department shall issue a notice of appeal under the provisions
			 of Rule 480-1-4-.09 and conduct a hearing
			 under the provision of Rules
			 480-1-4-.02 through
			 480-1-4-.11.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-1 - CHILD LABOR › Section 480-3-1-.06 - Removal Of Children Illegally Employed From Establishments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A child shall
			 be immediately removed from any establishment when found by the Department of
			 Labor: to be working there contrary to law; the child is found to be afflicted
			 with any infectious, contagious or communicable disease; or when found that the
			 performance of such work is hazardous to a child's physical
			 condition.
(2) Any party aggrieved
			 by an action of the Department shall file a request for appeal to the Alabama
			 Department of Labor, Child Labor Division, 649 Monroe Street, Montgomery,
			 Alabama 3 6131.
(a) Upon receipt of the
			 request for appeal the Department shall issue a notice of hearing as provided
			 under Rule
			 480-1-4-.09 and conduct a hearing
			 as provided under Rules
			 480-1-4-.02 through
			 480-1-4-.11.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author: Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.02 - Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.03 - Minimum Security Or Bond

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.04 - Filing Of Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6)
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.05 - Employer Cost And Accident Experience Record

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed)
Author
: Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.06 - Contracts For Excess Insurance

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6)
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.07 - Solvency Of Group Self-Insurers Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.08 - Advance Premium Discounts And Distribution Of Surplus Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.09 - Payments To Second Injury Trust Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.10 - Self-Insurance Service Organizations

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Administrator.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.11 - Revocation Or Termination Of Self-Insurance Privileges

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2 -(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.12 - Indemnity Agreement

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author
: Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.13 - Self Insurer Applicant Requirements-Self-Insurer Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author
: Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.14 - Reporting Instructions For Insurance Companies And Self-Insured Employers For Worker's Compensation Claims

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.15 - Revocation Of Self-Insurance Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed)
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.16 - Second Injury Trust Fund Adequacy

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, § 25-5-75.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.17 - Requirements Of Qualification For Self-Insurance

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-2(6).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.18 - Procedures For Collecting Assessments Records

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Act 92-537.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-2 - WORKMEN'S COMPENSATION › Section 480-3-2-.19 - Penalty For Not Filing WCC Form 10

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Act 92-537.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-3 - MINE SAFETY › Section 480-3-3-.01 - Means Of Access

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Mines
			 three hundred (300) feet deep vertically, three hundred (300) feet deep on the
			 incline or three hundred (300) feet deep on a combination of vertical and
			 incline shall have two (2) or more exits or openings to the surface, and these
			 exits where inclined more than 20^ from the horizontal shall be equipped with
			 stairs or steps, (track or abandoned track where ties are not more than
			 eighteen inches (18') center to center shall constitute stairs and steps) and
			 where inclined more than 35^ from the horizontal shall be equipped with
			 ladders, provided, that if both exits have hoisting equipment maintained in
			 good operating condition, and the mine has hoisting equipment in two exits, the
			 above requirements shall be waived.
(2) The required exits shall be not less than
			 fifty feet (50') apart at the surface and shall not be covered by one building
			 or connecting buildings. Signs with arrows indicating the way to and through
			 the second exit shall be posted in all regularly used underground travel or
			 passageways.
(3)
Exits
- Mines opened by a tunnel or adit level one
			 thousand (1,000) feet in length, or opened by a tunnel or adit level where
			 workings are three hundred (300) feet deep vertically or on an incline or a
			 combination of both below the tunnel or adit level, shall have two (2) or more
			 exits or openings to the surface. An underground travel or passageway to an
			 adjoining mine may be considered as one of these exits.
(4) No mine shall be worked to a greater
			 depth vertically, on incline or both than three hundred (300) feet below the
			 last level without connecting the bottom of such exits. Provided, however, that
			 none of the preceding requirements shall be applied in cases where outlets are
			 in process of being connected to comply with these requirements, or where
			 openings or shaft are being driven or sunk for the prospecting or developing of
			 mines and not for the extraction of minerals except such as may be extracted in
			 course of prospecting or development work, or in any mine where one of the
			 outlets shall have become temporarily impassable and in which all reasonable
			 effort is being directed towards opening such outlet.
(5)
Exits Through Other
			 Mines
- When a travel or passageway shall have been established by
			 agreement between adjoining mines, this travel or passageway shall be kept
			 available for egress, and shall not be closed except temporarily in cases of
			 extreme emergency. Such travel or passageway shall be constructed, equipped and
			 maintained according to plans approved by the Department.
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-13(2).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-3 - MINE SAFETY › Section 480-3-3-.02 - Ladders And Ladderways

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Construction of Ladders
- Except in the case of
			 swinging or extension ladders used for shaft sinking, all ladders and
			 ladderways shall be built of clear lumber free of knots or other imperfections
			 as prescribed below:
(a) The stringers of
			 ladders shall be built of not less than two by four (2 x 4) inch sound lumber
			 or its equivalent.
(b) The distance
			 between the centers of the rungs of a ladder shall not exceed twelve (12)
			 inches and shall not vary more than one (1) inch in any one ladderway. The
			 length of the ladder rungs (width of ladder) shall not be less than ten (10)
			 inches between stringers.
(c) The
			 back side of the rungs of a ladder shall in no case be less than six and
			 one-half (6 1/2) inches from any obstruction.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-3 - MINE SAFETY › Section 480-3-3-.03 - Fencing Abandoned Openings And Other Areas

Current through Register Vol. 42, No. 9, June 28, 2024
All abandoned entrances to underground workings and condemned
				mines or parts of mines shall be fenced or effectively guarded and posted with
				signs reading "Danger-Keep Out." Permanently abandoned underground workings
				shall be fenced or posted with signs reading, "Danger-Keep Out."
Author:
Marcus Davis, Workers' Compensation
				Examiner.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-13(2).
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-3-3 - MINE SAFETY › Section 480-3-3-.04 - Structures Over Or Near Mine Openings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Nonflammable Housing Over
			 Mine Openings
- Only housing having a framework of metal or wood,
			 and metal or other nonflammable sides and roof and dirt, gravel, concrete or
			 other fireproof flooring, shall be erected over any shaft, tunnel, portal or
			 other mine opening. All non-fireproofed structures constructed after the
			 effective date of these rules and located within 50 feet of such shaft, tunnel,
			 portal or other mine opening shall be made fireproof or removed.
(2)
Nonflammable Material and
			 Buildings Near Mine Openings
- Timber framing or storage sheds or
			 any flammable structures or piles of flammable material other than the current
			 supply of mine timbers and ties shall not be placed or permitted to remain
			 within one hundred (100) feet of any mine opening, shaft house, hoisting engine
			 house or ventilating fan house; provided, however, that wooden head-frames and
			 wooden structures within one hundred (100) feet of shaft house over or near
			 shafts or openings, which have been returned airways continuously for the past
			 two years, need not be removed during the time said shafts or openings continue
			 to be return airways at all seasons, and said shafts or openings are guarded by
			 fireproof doors and other fire prevention equipment satisfactory to the
			 Department.
(a) When the portal of any mine
			 opening or the collar of any shaft is covered by a flammable building built
			 prior to the date these rules become effective, such building shall be
			 permitted to remain. In such case, a fireproof door shall be provided for such
			 mine opening which shall be and shall fit as nearly gas tight as possible. Said
			 door shall be installed in such a way that the opening can be closed from the
			 outside of the building by a pull wire or rope, in the event of fire. This door
			 shall close automatically upon release of the wire or rope. If a wire or metal
			 rope is used, there shall be several fusible links in it or other efficient
			 means shall be provided to cause the door to close in case of an outside fire.
			 If a fiber rope is used, it shall be of the minimum necessary size and be
			 readily destroyed by fire.
Author:
Marcus Davis, Workers' Compensation
				Examiner.