reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-1 - ORGANIZATION AND GENERAL OPERATION OF THE ALABAMA WATER RESOURCES COMMISSION › Section 305-7-1-.04 - Duties Of The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
The duties of the Commission are as follows:
(1) To advise the Governor and the presiding
				officers of the Alabama Senate and Alabama House of Representatives, as
				necessary or as requested, on all matters relating to the waters of the state
				as provided in the Act;
(2) To
				provide guidance to the Director of the Alabama Department of Economic and
				Community Affairs and the Division Chief of the Office of Water Resources on
				all matters within the Commission's scope of authority;
(3) To advise in the formulation of policies,
				plans, and programs of the Office of Water Resources in the performance of its
				functions and duties;
(4) To
				establish, adopt, promulgate, modify, repeal, and suspend any rules or
				regulations authorized pursuant to the Act which may be applicable to the state
				as a whole, or any of its geographical parts, and to consider the adoption of
				any rule or regulation recommended by the Division Chief of the Office of Water
				Resources;
(5) To advise the Office
				of Water Resources regarding the implementation of policies, plans, and
				programs governing the waters of the state;
(6) To hear and determine appeals of
				administrative actions of the Office of Water Resources, including the
				administration of Certificates of Use or the issuance, modification, or repeal
				of any order, notice of violation or citation issued pursuant to the Act;
				and
(7) To implement, perform and
				carry out all of the responsibilities and obligations of the Commission
				pursuant to the Act.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-16.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-1 - ORGANIZATION AND GENERAL OPERATION OF THE ALABAMA WATER RESOURCES COMMISSION › Section 305-7-1-.05 - Prohibited Activities

Current through Register Vol. 42, No. 9, June 28, 2024
No member of the Commission, including the Secretary,
				  shall:
(1) Use their position to
				obtain direct personal financial gain for their self, or their family, or any
				business with which they or a member of their family are associated unless such
				use and gain are specifically authorized by law;
(2) Solicit or receive any money, other than
				that received in their official capacity, for advice or assistance on matters
				concerning the legislature, an executive department, public regulatory board,
				commission or other body;
(3)
				Disclose confidential information gained in the course of, or by reason of,
				their position or employment that in any way could result in financial gain
				other than their legal reimbursements as a member of the Commission;
(4) Solicit or accept from any person
				anything of value, including a promise of future employment, a favor, or
				service while serving as a member or Secretary of the Commission;
(5) Participate in any proceeding or vote on
				any matter in which the Commission member, their family, or any business with
				which the member or their family is associated has a pecuniary interest. After
				declaring any pecuniary interest to the parties, if the parties do not oppose
				the member from sitting in proceedings, the record shall note clearly the
				waiver by the parties. This provision is not to imply that the Commission
				members can in any way be granted immunity from provisions of the Ethics Act
				and the requirements set out therein; and
(6) Fail to comply in all ways with the
				Alabama Code of Ethics (
Code of Ala. 1975
,
				§§
									36-25-1,
et
seq
.).
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-12
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-2 - ORGANIZATION OF COMMISSION › Section 305-7-2-.01 - Commission Membership

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall consist of nineteen (19) voting members,
				  who are citizens of Alabama and duly appointed pursuant to the Act.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-12.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-2 - ORGANIZATION OF COMMISSION › Section 305-7-2-.02 - Appointment Of Commission Members

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The initial appointments to the
				Commission shall be made for staggered terms in accordance with the provisions
				of the Act.
(2) Upon expiration of
				a Commission member's term, a successor shall be appointed by the appropriate
				appointing authority using the same basis as the initial appointment except the
				term shall be for six (6) years.
(3) At the expiration of a term of office, or
				in the event of a vacancy on the Commission, the appropriate appointing
				authority shall promptly make an appointment to fill the vacancy for the
				remainder of the term.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-12,
					 9-10B-13,
					 9-10B-14.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-2 - ORGANIZATION OF COMMISSION › Section 305-7-2-.03 - Terms Of Commission Members

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No member of the Commission may serve
				more than two (2), full six (6) year terms.
(2) The term of an incumbent member shall be
				continued until a successor is appointed.
(3) The term of each successor to a
				Commission member, including any initial member who is reappointed, shall be
				deemed to begin on the day following the last day of the previous term,
				regardless of the time such appointment is made.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-14.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-2 - ORGANIZATION OF COMMISSION › Section 305-7-2-.04 - Vacancy On The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Any Commission member who misses three (3) consecutive meetings of the
				Commission shall immediately cease to be a member of the Commission and the
				appropriate appointing authority shall appoint a new member to complete the
				unexpired remainder of the term.
(2) Commission members are individually named
				by the appointing authority and no Commission member shall delegate any
				authority for any reason to any person except as provided herein. Members that
				are unable to attend any meeting of the Commission may designate an observer to
				attend such meeting on their behalf. Attendance by an observer shall not
				constitute attendance by the Commission member. Any person designated as an
				observer shall not be entitled to vote on any matters coming before the
				Commission.
(3) Any Commission
				member may resign from the Commission by giving written notice of such
				resignation to the Chairperson of the Commission and the appropriate appointing
				authority.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-14,
					 9-10B-16,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-2 - ORGANIZATION OF COMMISSION › Section 305-7-2-.05 - Expenses Of Commission Members

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Commission members shall receive no
				salary or compensation, but shall be reimbursed for reasonable expenses of
				travel, meals, and lodging, while in the performance of their duties, in
				accordance with the
Code of Ala. 1975
, §§
									36-7-20,
et
seq
.
(2) Any Commission member desiring to be
				reimbursed for reasonable expenses of travel, meals or lodging, other than
				attendance at meetings of the Commission, shall make written request to the
				Chairperson and have such travel preapproved by the Chairperson of the
				Commission prior to the travel being undertaken by such Commission member.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-17,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-3 - OFFICERS › Section 305-7-3-.01 - Officers

Current through Register Vol. 42, No. 9, June 28, 2024
The officers of the Commission shall be a Chairperson,
				  Vice-Chairperson and Secretary. The initial Chairperson of the Commission shall
				  be selected by the Governor for a term of two (2) years from the effective date
				  of the Act. The initial Vice-Chairperson of the Commission shall be elected by
				  a majority vote of the members of the Commission at a regular meeting of the
				  Commission. The Chairperson and the Vice-Chairperson of the Commission, after
				  the expiration of the term of the initial Chairperson as provided by the Act,
				  shall be elected from the membership of the Commission and serve a term of two
				  (2) calendar years; provided, however, that any Chairperson, prior to his
				  election to office, shall have served at least two (2) years on the Commission
				  before assuming the position of the Chairperson. In the event that no member of
				  the Commission has served for more than two (2) years in such capacity, the
				  Commission shall elect a Chairperson from among the members of the Commission.
				  All officers of the Commission shall continue to serve, after their lawful
				  appointment or election, until such time as a successor in office is duly
				  elected by the Commission. The election of the officers of the Commission shall
				  be held at a regular meeting of the Commission.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-15,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-3 - OFFICERS › Section 305-7-3-.02 - Chairperson

Current through Register Vol. 42, No. 9, June 28, 2024
The duties of the Chairperson shall be as follows:
(1) Preside at all meetings of the Commission
				and have the duties normally conferred by parliamentary procedure for such
				office;
(2) Execute instruments and
				documents on behalf of the Commission;
(3) Submit information and recommendations
				regarding the business affairs and policies to the Commission; and
(4) Make appointments to committees
				authorized by the Commission.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-15,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-3 - OFFICERS › Section 305-7-3-.03 - Vice-Chairperson

Current through Register Vol. 42, No. 9, June 28, 2024
The term of office of the Vice-Chairperson shall be
				  concurrent with the term of the Chairperson. The duties of the Vice-Chairperson
				  shall be as follows:
(1) In the
				absence or disability of the Chairperson, perform the duties and exercise the
				powers of the Chairperson;
(2)
				Perform other duties as may be delegated or required by the Commission;
				and
(3) Succeed to the office of
				Chairperson in the event of a vacancy created by the previously duly elected or
				appointed Chairperson of the Commission. In such event, the Vice-Chairperson
				shall continue to serve as Chairperson of the Commission until such time as a
				special election to fill the office of Chairperson has been held.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-3 - OFFICERS › Section 305-7-3-.04 - Secretary

Current through Register Vol. 42, No. 9, June 28, 2024
The Division Chief of the Office of Water Resources shall be
				  ex-officio Secretary of the Commission and shall not vote on any matters coming
				  before the Commission. The duties of the Secretary shall be as follows:
(1) Prepare, with the approval of the
				Chairperson, the agenda for all meetings;
(2) Keep a record of all proceedings
				(minutes) of the Commission;
(3)
				Perform, or delegate to other members of the Office of Water Resources, the
				duties of Secretary for any Committee established by the Commission;
(4) Maintain records and related reports of
				the Commission and any Committees at the Office of Water Resources, as a
				permanent record of the Commission;
(5) Attest to instruments and documents
				officially acted upon by the Commission;
(6) Submit such recommendations and
				information as may be considered proper concerning the business affairs and
				policies of the Commission;
(7)
				Affix the seal of the Commission and attest by signature, all contracts and
				instruments as may be required by the Commission or applicable law;
(8) Administer the provisions of the
				Commission's Rules, orders, and procedures established thereunder;
(9) Be custodian of all property held in the
				name of the Commission; and
(10)
				Appoint an "Acting Secretary," when necessary, to carry out the duties of the
				Secretary during temporary absences of the Secretary. Such Acting Secretary
				shall be an employee of the Office of Water Resources.
Author:
Walter 8. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-17,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-3 - OFFICERS › Section 305-7-3-.05 - Vacancies In Offices

Current through Register Vol. 42, No. 9, June 28, 2024
If the office of the Chairperson of the Commission is vacant
				  due to death, disability, resignation or for any other reason, the
				  Vice-Chairperson shall immediately assume the responsibilities of the
				  Chairperson and shall continue to serve in such capacity until such time as
				  that vacancy has been filled by a special election held by the Commission. If
				  the office of the Vice-Chairperson is vacant due to death, disability,
				  resignation or for any other reason, that vacancy shall be filled by a special
				  election held by the Commission. If the office of Secretary is vacant due to
				  death, disability, or resignation of the Division Chief of the Office of Water
				  Resources, an Acting Secretary from the Office of Water Resources shall be
				  appointed by the Chairperson to perform the duties of the Secretary until such
				  time as the Division Chief of the Office of Water Resources is duly appointed.
				  The Acting Secretary shall have the authority to carry out all of the functions
				  and duties of the office of Secretary.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.01 - Open Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
All Commission meetings shall be open public meetings as
				  required by the open meetings law (
Code of Ala. 1975
,
				  §
									13A-14-2).
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											13A-14-2.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.02 - Regular Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Regular
				meetings of the Commission shall be held at least twice every calendar year at
				date, time and place designated by the Chairperson. Notification of such
				meetings shall be transmitted in accordance with these Rules to members of the
				Commission at least twenty-one (21) days prior to such meetings, which notice
				shall designate the date, time and place of each meeting of the
				Commission.
(2) The date, time and
				place of each meeting of the Commission shall be furnished to any person or
				entity upon written request to the Secretary and shall be on file at the Office
				of Water Resources.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-17,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.03 - Special Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
Special meetings may be called at the discretion of the
				  Chairperson, or the Vice-Chairperson if for any reason the Vice-Chairperson is
				  Acting as the Chairperson pursuant to these Rules, upon written request of the
				  Division Chief or upon written request of three (3) duly appointed Commission
				  members. Special meetings of the Commission shall constitute any meeting of the
				  Commission duly called pursuant to the Act and these Rules, where written
				  notice of such meeting is provided to the Commission members in less time than
				  is required by rule
				  305-7-4-.02 of
				  these Rules. Notice of any special meetings shall be transmitted to each
				  Commission member not less than five (5) days prior to such meeting as
				  permitted by these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-17,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.04 - Quorum

Current through Register Vol. 42, No. 9, June 28, 2024
A quorum shall consist of a majority of the Commission
				  members at any regular or special meetings of the Commission. When a quorum of
				  the Commission is present at any regular or special meetings of the Commission,
				  the Commission may undertake any action upon an affirmative vote of a majority
				  of the members present, unless otherwise provided for in the Act or these
				  Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-18,
					 9-10B-21.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.05 - Voting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Secretary
				of the Commission shall maintain a list of the members entitled to vote on
				Commission business. The list shall be kept on file at the Commission office.
				The list shall also be reproduced and kept open for inspection at all
				Commission meetings. Failure to comply with the requirements of this rule shall
				not affect the validity of any action taken at any Commission
				meeting.
(2) Each Commission member
				present at a Commission meeting, including the Chairperson, but excluding the
				Secretary of the Commission, shall have one (1) vote on all matters brought
				before the Commission.
(3) Members
				may not delegate any authority created by appointment to the Commission
				pursuant to the Act. Proxy voting shall not be permitted. A Commission member
				must be present at Commission meetings in order to exercise voting
				rights.
(4) Matters before the
				Commission may be decided by voice vote. However, a Commission member may
				request a recorded roll call vote on any matter before the Commission, which
				roll call vote shall be duly noted by the Secretary and be recorded in the
				minutes of the Commission.
(5) No
				Member of the Commission may vote on any matter prohibited by rule
				305-7-1-.05 of these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-12,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.06 - Record of Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
The Secretary shall keep minutes of all regular and special
				  meetings except in the case of an executive session of the Commission. As soon
				  as practical, but not less than five (5) days prior to the next regular
				  meeting, the Secretary shall mail to each member a draft copy of the proposed
				  minutes of the previous regular meeting in order that the members may review
				  and make corrections to the proposed minutes. Any draft minutes of special
				  meetings held since the last regular meeting shall be forwarded as soon as
				  practical in order that the members may review and make corrections to the
				  proposed minutes. Upon approval by the Commission, the minutes shall be the
				  official record of the Commission's action. The Secretary, at the request of
				  the Chairperson, any Commission member, or at the discretion of the Secretary,
				  may prepare a verbatim transcript of any meeting or portion thereof to preserve
				  the record in its totality.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-17,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.07 - Permanent Record

Current through Register Vol. 42, No. 9, June 28, 2024
The Secretary shall keep a permanent record of Commission
				  actions including minutes, transactions, findings, orders, determinations,
				  resolutions and rules at the administrative office of the Commission. The
				  Secretary, upon request, shall certify photocopies as true and correct copies
				  of the official Commission records.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-17,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.08 - Notice Of Meetings: Agenda

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				The Secretary shall provide Commission members with written notice transmitted
				at least twenty-one (21) days prior to the meeting date of all regular
				meetings. The Secretary shall provide Commission members with notice of any
				special meetings by transmitting such notice to the Commission members at least
				five (5) days prior to such special meeting in accordance with these
				Rules.
(2) Notice of any regular or
				special meetings of the Commission shall be provided by any of the following
				means:
(a) written notice mailed by first
				class mail to the member's last known address of record;
(b) telegram directed to the members last
				known address of record;
(c)
				facsimile (fax) sent to the members' last known facsimile number as evidenced
				by written receipt of such transmission; and
(d) telephone as evidenced by a written log
				maintained at the administrative office of the Commission.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.09 - Record Of The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
All Commission records shall be public records as provided by
				  the open records act (
Code of Ala. 1975
, §
									36-12-40.
				  Records of the Commission may be examined pursuant to the open records act
				  during regular business hours of the Office of Water Resources. Certified
				  copies of the official records of the Commission may be made and certified by
				  the Secretary upon the payment of reasonable costs for copying and/or
				  certification of such records, or as otherwise provided by law
				  (
Code of Ala. 1975
, §
									36-12-41). Uncertified copies of the Commission records may be obtained, at cost, from
				  the Office of Water Resources through the Secretary.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-17,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.10 - Appearance, Presentation, Or Submission To The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Unless otherwise provided by the
				Commission's Rules, persons wishing to make an appearance, presentation or
				submission to the Commission shall notify the Secretary at least ten (10) days
				prior so the meeting at which the appearance, presentation or submission is to
				be made. The notice shall contain information so as to convey the essence of
				the appearance, presentation, or submission.
(2) If the Secretary determines that the
				appearance, presentation, or submission is of a technical engineering,
				scientific, or legal nature and will require detailed Commission staff review,
				then the Secretary, in consultation with the Chairperson, may postpone such
				appearance, presentation, or submission until the next meeting of the
				Commission.
(3) If any time frame
				requirement under this rule creates a significant adverse impact to any person,
				the Secretary, Chairperson, or Commission may waive the requirement.
(4) This rule shall not apply to any matter
				that is an administrative adjudication under the "Alabama Administrative
				Procedure Act" (
Code of Ala. 1975
, §§
									41-22-1,
et
seq
.).
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.11 - Order Of Business

Current through Register Vol. 42, No. 9, June 28, 2024
The suggested order of business at regular meetings is
(l) Roll call and declaration of quorum;
(2) Reports of Officers and
				Committees;
(a) disposition of minutes of
				previous meeting(s);
(b) reports of
				other officers;
(c) committee
				reports;
(d) report of the Division
				Chief, Office of Water Resources;
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.12 - Public Hearings For Informational Purposes

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission or the Office of Water Resources may conduct
				  public hearings for the purpose of gathering information and public comment on
				  any matters relating to the Act. Notice of any such public hearing shall be
				  published not less than fifteen (15) days prior to the date of any public
				  hearing in a newspaper of general circulation in Montgomery County, Alabama, or
				  the county in which such hearing is to take place. The notice of public hearing
				  shall provide the date, time and place of such public hearing, a statement of
				  the purpose of such public hearing, and notice that any interested party shall
				  be provided an opportunity to make comments, either for or against, the
				  proposals to be considered at the public hearing.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-16,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-4 - COMMISSION MEETINGS › Section 305-7-4-.13 - Suspension Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may temporarily suspend any of its rules, not
				  required by the Act, by a two-thirds (2/3) vote of the legally appointed
				  members of the Commission. Such temporary suspension shall be effective for the
				  duration of the meeting at which such action is taken.
Author:
Walter B.,Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.01 - Nominating Committee

Current through Register Vol. 42, No. 9, June 28, 2024
The Chairperson shall name a five (5) member Nominating
				  Committee for ratification by the Commission at least thirty (30) days prior to
				  any meeting where Commission officers are to be elected. The Nominating
				  Committee shall report the proposed slate of officers in the same manner and
				  time period as required for notice of meetings.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1945
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.02 - Other Committees

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall have the authority to create Committees
				  for such purposes and duration's, as determined by the Commission, to assist
				  and advise the Commission in the accomplishment of its duties. The voting
				  composition of the Committee shall be determined by the Chairperson of the
				  Commission after such Committee is created.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1945
, §
											9-10B-16,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.03 - Committee Chairperson

Current through Register Vol. 42, No. 9, June 28, 2024
A Committee Chairperson, who is a member of the Commission,
				  shall be named by the Commission Chairperson.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1945
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.04 - Committee Vice-Chairperson

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission Chairperson shall serve as ex-officio
				  Vice-Chairperson to all Committees. The duties of the Committee
				  Vice-Chairperson shall be to expedite Committee business in the absence or
				  disability of the Committee Chairperson.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1945
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.05 - Committee Secretary

Current through Register Vol. 42, No. 9, June 28, 2024
The Division Chief of the Office of Water Resources shall
				  either perform or delegate the duties of Committee Secretary to a staff member
				  of the Office of Water Resources. The Committee Secretary shall be responsible
				  for maintaining the minutes of the Committee proceedings and securing staff
				  resources to support the activities of the Committee.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1945
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.06 - Committee Ex-officio Members

Current through Register Vol. 42, No. 9, June 28, 2024
The Committee may add non-voting members and advisors as
				  deemed necessary to complete its assigned duties.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1945
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.07 - Committee Quorum

Current through Register Vol. 42, No. 9, June 28, 2024
A quorum shall consist of a majority of the voting members of
				  the Committee.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1945
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.08 - Committee Voting

Current through Register Vol. 42, No. 9, June 28, 2024
Each Commission member appointed by the Commission
				  Chairperson shall be entitled to one vote on any matters brought before the
				  Committee. A majority of the voting members present shall constitute official
				  action by the Committee.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-5 - COMMITTEES OF THE COMMISSION › Section 305-7-5-.09 - Committee Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
Committee meetings shall be called by the Committee
				  Chairperson, or the Vice Chairperson, either of which shall have discretion
				  regarding the date, time, location and notice given.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975 §
												9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-6 - GENERAL CONDITIONS › Section 305-7-6-.01 - Amendment

Current through Register Vol. 42, No. 9, June 28, 2024
These Rules may be altered, amended, or repealed by a
				  majority vote of the legally appointed members of the Commission and in
				  accordance with the "Alabama Administrative Procedure Act"; provided, however,
				  that notice of the proposed action shall have been given to all members in
				  accordance with rule
				  305-7-4-.08 of these Rules.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-16.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-6 - GENERAL CONDITIONS › Section 305-7-6-.02 - Rules Of Order

Current through Register Vol. 42, No. 9, June 28, 2024
Unless as otherwise provided herein, Robert's Rules of Order,
				  1990 (9th Edition), shall govern the transaction of business at all meetings of
				  the Commission. A copy of Robert's Rules of Order shall be maintained by the
				  Secretary at the administrative office of the Commission.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-6 - GENERAL CONDITIONS › Section 305-7-6-.03 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any provision(s) of these Rules, or the application
				  thereof, to any person or circumstance is held invalid, such invalidity shall
				  not effect other provisions or applications of these Rules which can be given
				  effect without the invalid provisions or applications; unto this end, the
				  provisions of the Commission's Rules, including all Chapters and rules are
				  severable.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.01 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to the Act, the Commission hereby prescribes the
				  following rules governing administrative hearings and appeals involving the
				  Commission and the Office of Water Resources. These Rules are supplemental to
				  the "Alabama Administrative Procedure Act" and should be read in conjunction
				  therewith.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-18,
					 9-10B-30.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The definitions set out in the Alabama Water Resources Act
				  (Act) are incorporated by reference as a part of this Chapter. For purposes of
				  this Chapter, the following words and phrases, unless a different meaning is
				  plainly required by the context or the Act, shall have the following
				  meanings:
(1) "Act" is defined as the
				Alabama Water Resources Act,
Code of Ala. 1975
,
				§§
									9-10B-1 through
				30.
(2) "Administrative action" is
				defined as the issuance, modification, repeal, or denial of any certificate,
				citation, declaration, license, notice of violation, order, policy, regulation,
				rule, or standard by the Office of Water Resources or the Commission relating
				to the Act.
(3) "Aggrieved" is
				defined as having suffered a threatened or actual injury in fact.
(4) "Commission" is defined as the Alabama
				Water Resources Commission or its designated Hearing Officer.
(5) "Office of Water Resources" is defined as
				the Office of Water Resources as established by the Alabama Water Resources
				Act, Code of Alabama 1975, §§
									9-10B-1 through
				30.
(6) "Person" is defined as any
				and all persons, natural or artificial, including any individual, firm,
				association, organization, partnership, business, trust, corporation, company,
				any federal agency, authority, or corporation created by the United States of
				America, and the state and all political subdivisions, regions, districts,
				municipalities, and public agencies thereof.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.03 - Right To Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Upon a proper request made and filed in accordance with rule
				  305-7-7-.04 of these Rules, any person aggrieved by any administrative action shall be
				  entitled to a hearing before the Commission.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-10B-16,
					 9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.04 - Request for Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				person aggrieved by an administrative action, other than the issuance of an
				emergency order, may file with the Commission a request for a hearing to
				contest such action within fifteen (15) days after notice to the aggrieved
				person of such action, or if no notice to the aggrieved person is given or
				required by the Act, within thirty (30) days of such action.
(2) Any person aggrieved by the issuance of
				an emergency order may file with the Commission a request for an expedited
				hearing to contest such action.
(3)
				A request for a hearing to contest an administrative action shall be made in
				writing and shall contain:
(a) the name,
				mailing address, and telephone number of the person making the
				request;
(b) a concise statement
				identifying the administrative action being contested;
(c) a concise statement of the threatened or
				actual injury suffered by the person as a result of the administrative
				action;
(d) a concise statement of
				the terms and conditions which the person proposes that the Commission should
				include in an order modifying or disapproving the administrative action;
				and
(e) the name, mailing address,
				and telephone number of the person's attorney, if represented by an
				attorney.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.05 - Notice Of Filing Of Request For Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Within fifteen (15) days after the filing of a request for a
				  hearing by any person to contest an administrative action, the Secretary shall
				  serve a copy of such request upon the Office of Water Resources, Commission
				  members, and such other persons as the Secretary deems appropriate.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.06 - Parties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In any hearing
				to contest an administrative action, the person making and filing a request for
				a hearing in accordance with rule
				305-7-7-.04 of these Rules, shall be a party.
(2) The Office of Water Resources shall be a
				party in any hearing to contest an administrative action.
(3) In any hearing to contest an
				administrative action, any person whose application to intervene is granted by
				the Commission shall be a party.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.07 - Intervention

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon timely
				application filed with the Commission, any person shall be permitted to
				intervene in any hearing to contest an administrative action when a statute
				confers an unconditional right to intervene, or when the applicant has an
				individual interest in the outcome of the hearing as distinguished from a
				public interest and the representation of the interest of the applicant by
				persons already made parties is inadequate.
(2) An application to intervene shall
				contain:
(a) the name, mailing address, and
				telephone number of the applicant;
(b) a concise statement identifying the
				administrative action being contested and, if possible, the name of the person
				who filed the request for a hearing to contest such action;
(c) a concise statement of the grounds for
				the application, including reference to any statute which confers an
				unconditional right to intervene or a statement of the individual interest of
				the applicant in the outcome of the hearing, and a statement as to why the
				representation of the interest of the applicant by persons already parties in
				the hearing is inadequate; and
(d)
				the name, mailing address, and telephone number of the applicant's attorney, if
				represented by an attorney.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES › Section 305-7-7-.08 - Consolidation And Severance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commission may order consolidation, in whole or in part, of two or more
				hearings to contest an administrative action whenever it appears that such
				consolidation would expedite or simplify consideration of the issues and no
				party would be prejudiced thereby.
(2) The Commission may order severance, in
				whole or in part, of any hearings consolidated in accordance with paragraph (1)
				of this Rule whenever it appears that continued consolidation will not expedite
				or simplify consideration of the issues or will prejudice any party.
Author:
Walter B. Stevenson,
				  Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											9-10B-18.