reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-5 - ISSUANCE AND RENEWAL OF LICENSURE › Section 282-X-5-.01 - Temporary And Regular License

Current through Register Vol. 42, No. 9, June 28, 2024
The Board recognizes two (2) distinct types of licensure. Applicants may be issued a temporary or regular license based on compliance with requirements stated in the Dietetics/Nutrition Practice Act of 1989 and these regulations. The Board shall issue a license to any person who meets the requirements upon submission of an application and payment of the license fee prescribed.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-5 - ISSUANCE AND RENEWAL OF LICENSURE › Section 282-X-5-.02 - Temporary License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A temporary license to practice as a dietitian/nutritionist may be issued by the Board upon the filing of an application and submission of evidence of successful completion of educational and professional experience requirements as specified in the "Dietetics/Nutrition Practice Act of 1989."
(2) A temporary license shall expire one year from the date of issuance and may be renewed for one additional year. Approval for renewal of a temporary license shall be based upon evidence that applicant shall sit for examination for licensure.
(3) The fee for a temporary license shall not be more than 50 percent of current renewal fees. Application fees must be paid same as licensed dietitians/nutritionists.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-5 - ISSUANCE AND RENEWAL OF LICENSURE › Section 282-X-5-.03 - Regular License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may issue a regular license to any dietitian/nutritionist who practices in Alabama, whether resident or nonresident, unless otherwise exempted.
(2) Applicants for regular licensure must meet all requirements set forth by the Dietetics/Nutrition Practice Act of 1989 and these regulations.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-5 - ISSUANCE AND RENEWAL OF LICENSURE › Section 282-X-5-.04 - Renewal Of Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any license issued under this act expires on September 30th of every odd year after it is issued unless renewed in the manner prescribed by the Board.
(2) The Board may provide for the late renewal of a license upon payment of a late fee. No late renewal of a license may be granted more than 30 days after its expiration.
(3) If the late renewal and required fees are not received by the Board within thirty days after the end of the last month (September 30th) of the renewal period, an application for reinstatement must be filed with the Board with a late renewal fee in addition to the regular renewal fee and reinstatement application fee. No Reinstatement of a license may be granted more than one year after its expiration.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §
										34-34-1.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-5 - ISSUANCE AND RENEWAL OF LICENSURE › Section 282-X-5-.05 - Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant for renewal or reinstatement of a license must have satisfactorily maintained continuing education requirements through the Commission on Dietetic Registration or as specified and approved by the Board.
(a) An continuing education activity is for improving professional performance and shall be qualified for approval if the Board determines that the activity being presented is approved by CDR, or Professional Registration and Education Chairman of ALDA.
(b) The biennial continuing education compliance period shall extend from October 1st of the renewal year for the two-year period. During this period of time, thirty (30) hours of approved continuing education shall be obtained by the licensee in order to renew.
(c) Hours of continuing education may be obtained by attending and participating in a continuing education activity either previously approved by ALDA/CDR or which is post approved by ALDA/CDR.
(d) Hours of continuing education SHALL NOT BE CARRIED OVER into the next continuing education period.
(e) Compliance with the requirement of continuing education is a prerequisite for license renewal in each subsequent license renewal period.
(f) Registered dietitians will submit proof of continuing education credits. It will be important to retain proof of ceu's and submit the two years which cover the license period.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-5 - ISSUANCE AND RENEWAL OF LICENSURE › Section 282-X-5-.06 - Inactive License Status (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala. 1975
, §
										34-34-1.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-6 - LICENSURE REQUIREMENTS › Section 282-X-6-.01 - Licensure Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Only a person licensed or otherwise authorized to practice under this act shall practice dietetics/nutrition or provide nutrition care services or use the title "dietitian/nutritionist" or the words "dietitian" or "nutritionist" alone or in combination, or use the letters L.D., L.N., or any facsimile thereof, except as allowed by Chapter 34, Title 34,
Code of Ala. 1975
.
(2) Any person licensed to practice Dietetics/Nutrition in the State of Alabama shall display such license at his/her workplace.
Author:
Cherie Colquett
Statutory Authority
:
Code of Ala. 1975
, §§
									34-34A-1,
et
seq
.
History
: Filed March 12, 1991.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-7 - EXEMPTIONS AND SPECIAL CONDITIONS › Section 282-X-7-.01 - Exemptions And Special Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Additional areas which these regulations shall not be construed to affect or prevent are listed in the "Dietetics/Nutrition Practice Act of 1989."
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1, et seq.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-8 - FEES FOR LICENSURE › Section 282-X-8-.01 - Licensure Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In accordance with the provisions of the Dietetics/ Nutrition Practice Act of 1989, the Board shall set and collect fees for application, license, license renewal and penalty and late fees. Fees, where applicable, are payable to the Board by certified check, cashier's check or money order. Fees paid to the Board are nonrefundable.
(2) Fees prescribed by the board to be as follows:
(a) Application Fee 100.00
(b) Temporary License Fee 75.00
(c) Licensure Fee 150.00
(d) Reciprocity Fee 150.00
(e) Renewal Fee 150.00
(f) Late Fee 125.00
(g) Reinstatement Fee 250.00
(h) Additional/Duplicate Certificates 25.00
(i) Replacement ID Card or Renewal Seal 10.00
(j) Bad Check Fee 30.00
(k) Written License Verification Fee 15.00
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-8 - FEES FOR LICENSURE › Section 282-X-8-.02 - Prorated Licensure Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The expiration of a Regular license is September 30th of every odd year. Renewal of licensure is due on or before that date.
(2) Regular license applications approved between April 1 and July 15 of the renewal year will be required to pay fifty percent of the initial licensure fees. Any license issued between April 1 and July 15 of the same calendar renewal year will be required to renew that license on or before September 30th of the same calendar year. Any license issued after July 15 of the same calendar renewal year will be required to renew that license on or before September 30th of the following licensure renewal year.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										34-34-1.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-9 - BOARD OF EXAMINERS FOR DIETETICS/NUTRITION PRACTICE › Section 282-X-9-.01 - Board Establishment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) There is hereby established the Alabama State Board of Examiners for Dietetics/Nutrition Practice.
(2) The Board shall consist of three members. Two members of the Board shall be dietitians/nutritionists licensed under this act. One member of the Board shall be a lay person. The Governor shall appoint Board members. At least two names shall be submitted for each place on the Board. No elected officer of the Alabama Dietetic Association, Inc., shall be eligible to serve on the Board.
(3) The dietitian/nutritionist members of the Board shall become licensed during the first year of operation of the Board. Thereafter, Dietitian/Nutritionist Board members shall be licensed under the Dietitian/Nutritionist Act.
(4) The Board shall meet no less than twice a year with its annual meeting being held the 1st meeting of the calendar year at which time a chairman shall be elected. Subsequent meetings of the Board shall be at the call of the chairperson with at least ten days written notice to members of the Board. Each term of office shall expire on the date specified in the appointment and the members shall no longer be eligible to participate in board proceedings unless lawfully appointed.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §
										34-34-1.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-9 - BOARD OF EXAMINERS FOR DIETETICS/NUTRITION PRACTICE › Section 282-X-9-.02 - The Duties Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The duties of the Board shall include:
(a) Promulgate rules and regulations necessary to implement the Dietitian/Nutrition Act.
(b) Adopt a code of ethics.
(c) Determine qualifications and fitness of applicants, issue licenses, reinstate licenses.
(d) Revoke, suspend or deny a license.
(e) Receive and process complaints.
(f) Provide for examination or waiver of examination for applicants as specified by Commission on Dietetic Registration.
(g) Impose penalties.
Author
: Cherie Colquett
Statutory Authority
:
Code of Ala. 1975
, §§
									34-34A-1,
et
seq
.
History
: Filed March 12, 1991.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-10 - RULES FOR PROFESSIONAL CONDUCT › Section 282-X-10-.01 - Rules For Professional Conduct

Current through Register Vol. 42, No. 9, June 28, 2024
Licensees, under the Dietetics/Nutrition Practice Act of 1989, will perform their professional duties using the following code of ethics which reflects the ethical principles of the dietetic profession and outlines obligations of the licensee to self, client, society and the profession.
(a) The licensee provides professional service with objectivity and with respect for the unique needs and values of individuals avoiding discrimination, and provides sufficient information to enable clients to make informed decisions.
(b) The licensee accurately presents professional qualifications and credentials, and does not permit the use of these credentials by an unqualified person.
(c) The licensee remains free of conflict of interest and promotes or endorses products in a manner that is neither false nor misleading.
(d) The licensee assumes responsibility and accountability for personal competence in practice through continuing education and recognition of the limits of his/her ability and adherence to accepted standards of practice.
(e) The licensee presents substantiated information and interprets controversial information without personal bias, recognizing legitimate differences of opinion.
(f) The licensee maintains the confidentiality of information.
(g) The licensee conducts him/herself with honesty, integrity, and fairness in all aspects of professional life and advertises services in a factual and straightforward manner.
(h) The licensee shall not be addicted to or dependent upon alcohol or other habit forming drugs or be a habitual user of narcotics, barbiturates, amphetamines, hallucinogenics, or other drugs having similar effects upon the competency of the licensee.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-11 - DENIAL, REVOCATION OR SUSPENSION OF LICENSE › Section 282-X-11-.01 - Denial, Revocation Or Suspension Of License

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may deny a license, refuse to renew a license, suspend a license or revoke a license, or it may reprimand, censure or otherwise discipline a person practicing dietetics/nutrition or offering to practice dietetics/nutrition in accordance with the provisions of the Dietetics/Nutrition Practice Act upon decision and after due hearing in any one of the following cases:
(a) Upon proof that such person has willfully or repeatedly violated any of the provisions of the Dietetics/Nutrition Practice Act or these regulations; or willfully or repeatedly acted in a manner inconsistent with the health, welfare and safety of the public;
(b) Upon proof that such person's conduct is immoral, unprofessional or dishonorable;
(c) Upon proof that such person is guilty of fraud or deceit in the practice of dietetics/nutrition or in his/her admission to such practice; or
(d) Upon proof that such person has been convicted in a court of competent jurisdiction, either within or without the state, of a felony or of any misdemeanor involving moral turpitude.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-11 - DENIAL, REVOCATION OR SUSPENSION OF LICENSE › Section 282-X-11-.02 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall have the jurisdiction to hear all charges brought under the provisions of this section against any person having been issued a license as a dietitian/nutritionist or having been issued a temporary license for the practice of dietetics/nutrition; and upon such hearings shall determine the charges upon their merits. If the Board determines that disciplinary measures should be taken, the Board may revoke his/her license, suspend him/her from practice, or reprimand, censure or otherwise discipline such person.
(2) All proceedings under this section shall be heard by the Board with at least two-thirds of its members present, and decisions to discipline any licensee shall require a vote of two-thirds of the membership of the entire Board; provided that the Board may designate two or more of its members to comprise a hearing committee for the purpose of determining whether charges brought justify a hearing by the Board, and with authority to dismiss frivolous or unfounded charges.
(3) At any hearing under the Dietitian/Nutritionist Practice Act, the person charged shall have the right to appear either personally or by counsel and to produce witnesses and evidence in his own behalf and to cross-examine witnesses. The Board or hearing committee shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the Board. The circuit court of the county wherein said hearing is to take place shall have authority, on application of the Board, to enforce obedience to said subpoenas and orders of the Board concerning such testimony.
(4) An application for reinstatement may be made to the Board one year from the date of revocation of a license. The Board may at its discretion accept or reject an application to consider such reinstatement.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-11 - DENIAL, REVOCATION OR SUSPENSION OF LICENSE › Section 282-X-11-.03 - Criteria For Reinstatement

Current through Register Vol. 42, No. 9, June 28, 2024
Upon application for reinstatement or issuance of a license that has been denied or revoked because of conviction of a crime, the Board, in evaluating the rehabilitation of such person and his eligibility for licensure, will consider the following:
(a) The nature and severity of the act(s) which resulted in the suspension or revocation of his/her license;
(b) The extent of time elapsed since the commission of the act(s) which resulted in the suspension or revocation;
(c) Whether he/she has committed any act(s) which if done by a licensee should be grounds for suspension or revocation of a license since the date of suspension or revocation;
(d) Whether he/she has done any act(s) involving dishonesty, fraud or deceit with the intent to substantially benefit himself/herself or another, or substantially injure another since the date of the suspension or revocation;
(e) Whether he/she has complied with any or all conditions of probation or restitution, of any other civil or criminal sanction imposed against him/her as a result of the act(s) including such administrative penalties and conditions of probation as have been imposed on him/her by the Board; and
(f) Such evidence of rehabilitation the person may submit.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-12 - NOTIFICATION OF ACTION › Section 282-X-12-.01 - Notification Of Action

Current through Register Vol. 42, No. 9, June 28, 2024
Prior to the denial, revocation or suspension of a license, written notice of the contemplated action of the Board shall be given. Such notice shall specify the reason(s) for the proposed action and shall notify the applicant of the right to a hearing on the matter.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-13 - HEARINGS › Section 282-X-13-.01 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
If requested in writing within ten days of receipt of notice of revocation, suspension or denial of licensure, a hearing shall be provided in which the applicant may show cause why the license should not be denied, suspended or revoked.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 287 - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND ADVISORY BOARD › Chapter 287-1-1 - THE ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND › Section 287-1-1-.02 - Application For Coverage Under The Drycleaning Environmental Response Trust Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of this provision is to establish a procedure that will enable owners or operators of drycleaning facilities, abandoned drycleaning facilities, wholesale distributors, impacted third parties or adjacent landowners who are potentially eligible parties ("PEP's") to submit requests for payments to the Board for the costs of investigation, assessment, and remediation of contamination at sites reported to the Board and the Department.
(2) Applications for reimbursement by a PEP for eligible expenses under the fund shall be submitted on a form furnished by the Board. The application shall be complete, legible and accurate, and shall include the following:
(a) For Drycleaning Facilities, Abandoned Drycleaning Facilities, and Wholesale Distribution Facilities:
1. Owner or operator's legal name, complete address, and account number on file with Department of Revenue;
2. Owner or operator's telephone number;
3. Name and position of contact person;
4. Signature of sole proprietor, partner, corporate officer, or other responsible party;
5. Date of completed application;
6. The address and legal description of the site where the facility is located;
7. Name of ADEC retained by owner;
8. Certification that all costs incurred to date of request for reimbursements were expended to address drycleaner contamination;
9. Certification that all fees required by The Alabama Drycleaning Environmental Response Trust Fund Act have been paid to the Department of Revenue.
Alabama Administrative Code › Title 287 - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND ADVISORY BOARD › Chapter 287-1-1 - THE ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND › Section 287-1-1-.03 - Administrative Guidelines For Payment From The Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Scope and Purpose.
(a) Consistent with the express intent of the Act, the fund shall only be used to address contamination caused by drycleaning agents occurring at or on drycleaning facilities, abandoned drycleaning facilities, wholesale distribution facilities, or real property of impacted third parties or adjacent landowners, and which has been reported to the Board and the Department. Monies from the fund shall be used only for payment for the costs of investigation, assessment, or remediation that are incurred after May 24, 2000.
(b) The trust fund shall benefit only those owners or operators, wholesale distributors, or persons owning abandoned drycleaning facilities who shall have elected to be covered pursuant to
Code of Ala. 1975
, §22-3OD-4. In addition, the fund shall benefit impacted third parties and adjacent landowners impacted or adjacent to drycleaning facilities or wholesale distribution facilities of such owners or operators or wholesale distributors.
Alabama Administrative Code › Title 287 - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND ADVISORY BOARD › Chapter 287-1-1 - THE ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND › Section 287-1-1-.04 - Approved Drycleaner Environmental Consultant, Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(1) ADECs and their subcontractors are not beneficiaries of this Fund and shall have no right of claim against it. Any and all claims that may arise shall be against the PEP who hired the consultant.
(2) The Board shall establish and maintain a list of approved ADECs in accordance with this provision. The ADEC list shall have three categories. There shall be one category for companies approved to perform initial investigations, a second category for companies approved to perform property assessments, and a third category for companies approved to perform property remediation work. There may be one ADEC for initial investigation, another ADEC for property assessment, and one or more ADECs for property remediation of the site. There is nothing in these rules which prevents a company from applying for multiple ADEC categories. If an ADEC is approved for multiple categories, then the ADEC may perform services in any or all of the categories for which the ADEC is approved.
Author:
Robert D. Tambling
Statutory Authority:
Code of Ala. 1975
, § 22-3OD-5(c).
Alabama Administrative Code › Title 287 - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND ADVISORY BOARD › Chapter 287-1-1 - THE ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND › Section 287-1-1-.05 - Approval Of Consultants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) ADEC Initial Application Requirements. Any company that wishes to be approved to perform fund eligible work must submit a written application to become an ADEC with the Board according to a format determined by the Board. The application shall include the following and other information requested by the Board:
(a) Statement of organization, experience, and personnel including the following:
(i) Provide the organizational history of the company including, but not necessarily limited to, years in business; location of offices; form of business - sole proprietor, partnership, corporation; and a list of officers and principals of the company including their mailing addresses and telephone numbers;
(ii) Provide a copy of the organization's latest annual financial statement or other approved alternate proof of financial stability;
(iii) Provide a letter from an insurance company or companies approved to do business in the State of Alabama which states that, within 30 days of notification that the company has been approved for addition to the ADEC list, the company can have in effect insurance as required in these rules with the Board listed as a certificate holder on the policy(ies);
(iv) A licensed consultant that is applying to be in the remediation category shall attach a copy of the certificate documenting that the company has a valid Alabama Contractor's License with a Specialty Classification to perform remediation of hazardous substance or hazardous waste sites or the equivalent with a monetary limitation of not less than five hundred thousand dollars ($500,000);
(v) A detailed organizational chart showing only the employee names and titles who will perform work under the DERTF and a description of the project organization relating to staff who will perform work under the DERTF. The organizational chart should state which staff will perform which services and include each person's job title. It should also note the location of all staff.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.01 - Department Of Education

Current through Register Vol. 42, No. 9, June 28, 2024
The Department of Education is a department of state government
				as provided by §
								16-2-1
Code of Ala. 1975
, as amended, and is directly
				responsible to the Board for the direction and supervision of public
				kindergarten through twelfth grade schools.
Author:
Richard W. Meadows
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-2-1 through 4.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Board. The
			 Alabama State Board of Education.
(2) Department. The Alabama State Department
			 of Education.
(3) Superintendent.
			 The Alabama State Superintendent of Education.
Author:
Richard W. Meadows
Statutory Authority:
Alabama Constitutional
				  Amendment 284,
Code of Ala. 1975
, §§
										16-2-1,
				  16-3-1,
				  16-3-12,
				  16-3-13,
				  16-4-1;
				  Title 41, Chapter 22.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.03 - Supervisory Body

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The general
			 supervision of the public schools in Alabama is vested in the Board, consisting
			 of the Governor as an ex officio member and eight elected members.
(2) The Governor is the president of the
			 Board. The Board elects a vice president and a president pro tem from its
			 members annually, and the Superintendent serves as the secretary and executive
			 officer of the Board. Should the office of the vice president become vacant
			 during the term, the president pro tem shall become vice president and shall
			 serve until the next annual election of officers.
(3) The Board is the chief policy making and
			 coordinating body of public schools in Alabama.
Author:
Ed Richardson
Statutory Authority:
Alabama Constitutional
				  Amendment 284;
Code of Ala. 1975
, §§
										16-3-1 through 2,
				  16-3-11 through
				  13.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.05 - Delegation Of Authority To The State Superintendent Of Education

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to Alabama Constitutional Amendment 284 and
Code of Ala. 1975
, §
								16-3-11, the
				Board delegates to the Superintendent such powers as are necessary to execute
				each of the duties prescribed below. The powers granted herein are in addition
				and supplemental to any other powers delegated to the Superintendent by law or
				rules of the Board and shall not be construed to constitute a limitation on the
				powers of the Superintendent.
(1) To
			 negotiate, execute and enter into contracts and agreements, including agencies
			 of the federal government as required for the operation of the Department or to
			 carry out programs approved by the Legislature or the Board.
(2) To execute contracts and orders approved
			 by or on behalf of the Board.
(3)
			 To enter leases of real property for departmental operations.
(4) Reserved.
(5) To initiate rule making.
(6) To perform other such functions as may be
			 necessary to supervise, direct, conduct and administer the day-to-day duties of
			 the Department as authorized by law or by rules and policies adopted by the
			 Board.
Author:
Richard W. Meadows
Statutory Authority:
Alabama Constitutional
				  Amendment 284,
Code of Ala. 1975
, §§
										16-3-11;
				  16-3-12;
				  16-3-13;
				  Title 16, Chapter 4.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.06 - Statutory Titles And Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The primary statutory titles which affect operations of the Department are
Code of Ala. 1975
, Titles 16, 21 and 32.
(2) The administrative rules of the
			 Department are contained in Control Number 290 of the Alabama Administrative
			 Code.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-3-11,
				  41-22-7.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.07 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State
			 Department of Education shall be organized by the State Superintendent of
			 Education.
Author:
Statutory Authority:
Alabama Constitutional
				  Amendment 284,
Code of Ala. 1975
, §§
										16-2-1(a),
				  16-2-3,
				  16-3-11 through
				  12;
				  16-3-18
				  through 19;
				  16-4-4 through
				  21;
				  16-37-3
				  through 4;
				  16-38-5;
				  21-3-1;
				  21-6-1.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.08 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Alabama Constitutional
				  Amendment 284,
Code of Ala. 1975
, §§
										16-2-1(a),
				  16-2-3,
				  16-4-4,
				  16-4-11 through 12,
				  16-37-3
				  through 4,
				  16-38-5,
				  21-3-1,
				  21-6-1.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.09 - Availability Of Forms And Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any form or publication used by the
			 Department in the conduct of its business with the public may be obtained in
			 the manner prescribed by rules of the State Board of Education by contacting
			 the office of the State Superintendent of Education, Montgomery, Alabama
			 36130-3901.
(2) Availability of
			 Records.
(a) Records which may not be subject
			 to disclosure include:
1. those records which
			 by statute limit disclosure;
2.
			 recorded information received by a public official in confidence, sensitive
			 personnel records, pending criminal investigations and records, the disclosure
			 of which would be detrimental to the best interest of the public.
3. those matters entitled to a
			 privilege.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.10 - Rulemaking Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
The rulemaking proceedings of the State Board of Education
				shall be conducted according to the provisions of
Code of Ala.
				1975
, §§
								16-3-11 through
				13, and
				41-22-1
				through 27, and the rules published in the Alabama Administrative Code.
				Communications regarding rulemaking proceedings should be addressed to the
				State Superintendent of Education, Montgomery, Alabama 36130-3901.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-3-11 through
				  13, and Title 41, Chapter 22 (1975), as amended.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.10.1 - Exception(s) To Administrative Code Rule(s) - Excepting The Administrative Code Rules Required By Law, Federal Regulations Or Court Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Effective July
			 1, 1992, the State Superintendent of Education is authorized:
(a) To receive and consider each request from
			 each local county superintendent of education or city superintendent of schools
			 for each exception of rule(s) published in the Alabama State Board of
			 Education, State Department of Education Administrative Code.
(b) To study such exception request(s)
			 especially how such exception(s) might improve student achievement, and
			 encourage innovation, experimentation and risk taking in the public school(s)
			 of Alabama.
(c) To grant such
			 request(s) for exception(s), received in accordance with Alabama Administrative
			 Code r. 290-010-010-.10.1(1)(a) through (b), of Alabama Administrative Code
			 rule(s) published in the Alabama State Board of Education, State Department of
			 Education Administrative Code.
(d)
			 To grant exception(s) for periods of one, two or three years.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.11 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
The rules of procedure of the State Board of Education for
				filing, consideration, and disposition of declaratory rulings shall be the
				provisions of
Code of Ala. 1975
, Title 41, Chapter 22,
				and the rules published in the Alabama Administrative Code.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-3-11 through
				  12, and Title 41, Chapter 22, as amended.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.12 - Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
The procedures of the State Board of Education proceedings in
				contested cases shall be conducted according to the provisions of
Code of Ala. 1975
, Title 41, Chapter 22, and the rules
				published in the Alabama Administrative Code.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-3-11,
				  41-22-12 through 18.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.13 - Licensing

Current through Register Vol. 42, No. 9, June 28, 2024
The procedure of the State Board of Education for licensing
				(certification, private schools, etc.) shall be conducted according to the
				provisions of
Code of Ala. 1975
, §§
								16-3-11 through
				13,
				16-3-16,
				16-23-2,
				32-14-23;
				Title 16, Chapter 46, and Title 41, Chapter 22, and rules published in the
				Alabama Administrative Code.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										16-3-11 through
				  13,
				  16-3-16,
				  16-23-2,
				  32-14-23,
				  Title 16, Chapter 46, and Title 41, Chapter 22, as amended.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.14 - Designation Of Agency Secretary

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Superintendent of Education
			 shall designate the Department Secretary for the filing of all proceedings for
			 administrative review and all proceedings under
Code of Ala.
			 1975
, Title 41, Chapter 22.
(2) The Secretary has the following duties:
(a) Receive, docket, and maintain all
			 filings.
(b) Respond to request for
			 information or copies of filings.
(c) Maintain a case accounting
			 system.
(d) Maintain a subject
			 index of department rulings.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-1 - ORGANIZATION AND RULES OF PROCEDURE › Section 290-1-1-.15 - Electronic Signatures And Records Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
Legal
			 Basis
. The Alabama Uniform Electronic Transactions Act
			 ("UETA"), Section 8-lA-l et seq. of the
Code of Ala.
			 1975
, enacted in 2002, is intended to facilitate the use of
			 electronic documents in business, commercial, and governmental transactions.
			 The Act promotes but not require the use of electronic signatures and creation
			 of electronic documents. Section 8-lA-18(a) provides that "each government
			 agency of this state with rule-making authority...may determine by rule
			 whether, and the extent to which, it will send and accept electronic records
			 and electronic signatures to and from other persons and otherwise create,
			 generate, communicate, store, process, use, and rely upon electronic records
			 and electronic signatures." Section
			 8-1A-12(a) provides that an electronic record meets other state law requirements for
			 record retention if the electronic record both accurately reflects the original
			 document and is accessible for later reference. Section 8-lA-13 provides that
			 an electronic record may not be excluded from evidence in court solely because
			 it is in electronic form. Section
			 8-1A-12(g) provides that the State Records Commission
			 is not precluded by the Act from placing additional requirements for record
			 retention on agencies.
(b)
Definitions
.
Except as
			 otherwise specified in this rule, undefined terms have the respective meanings
			 set forth in the Act. Notwithstanding the forgoing, the following words were
			 used in this rule shall have the following meanings:
1. Act or UETA. Alabama Uniform Electronic
			 Transaction Act,
Code of Ala. 1975
, Section 8-lA-l et
			 seq.
2. OIT. The State of Alabama
			 Office of Information Technology, as established in
Code of Ala.
			 1975
, Section
			 41-28-1.
3. Records Disposition Authority or RDA. An
			 agency-level records retention schedule issued by the State Records Commission
			 under the authority granted by the
Code of Ala. 1975
,
			 Sections
			 41-13-5 and
			 41-13-20 through 21.
4. State Records
			 Commission. The State Records Commission, as established in
Code of
			 Ala. 1975
, Section
			 41-13-20.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-2 - REVIEW BY THE STATE SUPERINTENDENT OF EDUCATION OF ACTIONS BY COUNTY AND CITY BOARDS OF EDUCATION › Section 290-1-2-.01 - Short Title. Review Of Actions Of County And City Boards

Current through Register Vol. 42, No. 9, June 28, 2024
The State Superintendent of Education shall have the authority
				to review actions and orders of county and city boards of education and of
				county superintendents of education and city superintendents of schools in
				matters relating to finance and other matters seriously affecting the education
				and educational interests.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										16-4-8.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-2 - REVIEW BY THE STATE SUPERINTENDENT OF EDUCATION OF ACTIONS BY COUNTY AND CITY BOARDS OF EDUCATION › Section 290-1-2-.01.01 - Warrant(s) To Be Reviewed And/Or Approved

Current through Register Vol. 42, No. 9, June 28, 2024
The State Superintendent of Education shall review and/or
				approve each application by/for each county or city board of education for the
				sale of Tax Anticipation Warrants and/or Notes in Anticipation of Warrants
				and/or Warrants for Public Construction.
(1) Tax Anticipation Warrants.
(a) Tax Anticipation Warrants in Cities and
			 Counties proposed to be issued pursuant to
Code of Ala.
			 1975
, §§
									16-13-70 through
			 16-13-77.
(b) Warrants for Special County and District
			 Taxes proposed to be issued pursuant to
Code of Ala.
			 1975
, §§
									16-13-90 through
			 16-13-109.
(c) Warrants for Special License, Privilege
			 or Excise Taxes to be issued pursuant to
Code of Ala.
			 1975
, §§
									16-13-120 through
			 16-13-122.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-2 - REVIEW BY THE STATE SUPERINTENDENT OF EDUCATION OF ACTIONS BY COUNTY AND CITY BOARDS OF EDUCATION › Section 290-1-2-.01.02 - Authorization To Intercept State Funds For Debt Payments

Current through Register Vol. 42, No. 9, June 28, 2024
A local board of education may enter into a binding agreement
				to authorize the State Comptroller to intercept and direct certain state
				allocated funds to satisfy a debt payment that is due and unpaid in accordance
				with the provisions of Ala. Act No. 2003-384.
(1) Debt Eligible for Intercept. A debt
			 obligation requiring the approval of the State Superintendent by state laws or
			 Rule
			 290-1-2-.01.01 may be eligible for payment by intercept of state funds allocated to the local
			 board of education.
(a) The State
			 Superintendent shall not approve a debt obligation of a local board of
			 education which would jeopardize the Foundation Program of education
			 established by state law and by rules and regulations of the State Board of
			 Education.
(b) A debt obligation
			 shall not be eligible for intercept of state allocated funds unless the debt
			 instrument provides for reserved funds for debt payments by one of the
			 following methods:
1. A debt service reserve
			 fund is funded to provide for the maximum amount of principal and interest
			 coming due in any fiscal year for the term of the debt obligation.
2. A restricted fund, consisting of cash or
			 other instruments legally available under state law for the investment of board
			 funds, is funded to provide for the maximum amount of principal and interest
			 coming due in any fiscal year for the term of the debt obligation.
(c) The State Superintendent may
			 reduce the amount of the reserve fund requirement only if a lesser amount is
			 required by the rules of the Internal Revenue Service.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-2 - REVIEW BY THE STATE SUPERINTENDENT OF EDUCATION OF ACTIONS BY COUNTY AND CITY BOARDS OF EDUCATION › Section 290-1-2-.02 - Matters Subject To Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Superintendent of Education may
			 review actions and orders of county and city boards of education and of county
			 superintendents of education and city superintendents of schools on the
			 following matters:
(a) Matters related to
			 health, safety, and welfare affecting persons attending the various schools of
			 this state and their employees.
(b)
			 Matters of health, safety, and welfare affecting the condition or operation of
			 any facility utilized as a public school.
(c) A failure to comply with state or federal
			 law.
(d) A failure to comply with
			 the rules and regulations of the State Board of Education, State Department of
			 Education, or any other state or federal administrative agency.
(e) Other matters seriously affecting
			 education and educational interests.
Author:
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-2 - REVIEW BY THE STATE SUPERINTENDENT OF EDUCATION OF ACTIONS BY COUNTY AND CITY BOARDS OF EDUCATION › Section 290-1-2-.03 - Matters Not Subject To Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Superintendent of Education
			 shall not have the authority to review actions and orders of county and city
			 boards of education or county superintendents of education and city
			 superintendents of schools in personnel matters; provided, however, that the
			 State Superintendent may review such actions and orders in personnel matters
			 upon a finding by the State Superintendent, made after investigation, that
			 exigent circumstances affecting the education and education interest of the
			 affected board require the State Superintendent's intervention in such matters.
			 Any such finding by the State Superintendent, and an explanation of the basis
			 for the finding, shall be submitted to the State Board of Education forthwith
			 upon its issuance.
(2) If
			 substantial evidence exists that an employee of a county or city board of
			 education or a county superintendent of education or a city superintendent of
			 schools has committed a violation of the criminal laws of this state, the State
			 Superintendent of Education shall conduct such investigation as the State
			 Superintendent deems necessary and make a written report of such evidence of
			 the investigation to: the county or city board of education; a county
			 superintendent of education; or
(a) the
			 county or city board of education;
(b) a county superintendent of education; or
(c) a city superintendent of
			 schools;
(d) the State Board of
			 Education; and
(e) such other
			 appropriate law enforcement agencies as the State Superintendent deems
			 necessary.
Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-1-2 - REVIEW BY THE STATE SUPERINTENDENT OF EDUCATION OF ACTIONS BY COUNTY AND CITY BOARDS OF EDUCATION › Section 290-1-2-.04 - Institution Of Action Of Review

Current through Register Vol. 42, No. 9, June 28, 2024
Institution of action to review actions and orders of county
				and city boards of education and of county superintendents of education and
				city superintendents of schools:
(1)
			 The State Superintendent of Education shall review actions and orders of county
			 and city boards of education and of county superintendents of education and
			 city superintendents of education upon:
(a)
			 An exercise of discretion by the State Superintendent of Education.
(b) Upon receipt of a resolution passed by a
			 majority of a county or city board of education.
(c) Upon request of a county superintendent
			 of education or city superintendent of schools.
(d) Upon a resolution of a majority of the
			 State Board of Education.
Author: