reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-7 - STATE FOREST VISITOR REGULATIONS › Section 390-X-7-.13 - Scope And Enforcement Of Rules; Applicability Of Laws

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The words "State Forest" as used in any
					regulation in this chapter shall include and embrace all land or water that is
					owned, leased, or otherwise controlled by the Alabama Forestry
					Commission.
(2) All State and Federal
					laws now in force and laws which may hereafter be enacted shall be maintained in
					all State Forests, and it shall be a violation of this regulation for any person
					to break or attempt to break any State or Federal law.
(3) Any person who violates any regulation of
					this chapter shall be guilty of a Class C misdemeanor and shall be fined not less
					than fifty dollars ($50) nor more than five hundred dollars ($500) for each
					offense, and may be required to pay all costs of the proceedings.
(4) Any person who violates any regulation of
					this chapter or otherwise commits any unlawful activity on a State Forest may be
					summarily excluded from the property, and such person shall not be entitled to a
					refund of any fee or other charge paid for admission to or use of any State
					Forest area or facility.
(5) The
					regulations of this chapter shall be enforced by Alabama Forestry Commission
					personnel authorized in accordance with
Code of Ala.
					1975
, §
								9-13-10 or
Code of Ala. 1975
, §
								9-13-10.2,
					or by any law enforcement officer having general powers of a peace officer in the
					State of Alabama.
(6) Notwithstanding
					the foregoing, the State Forester may for good cause and within his sole
					discretion temporarily suspend any of the regulations of this chapter.
Author:
Scott L. Rouse
Statutory Authority:
Code of Ala.
							1975
, §
										9-13-10.2.
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-7 - STATE FOREST VISITOR REGULATIONS › Section 390-X-7-.14 - Possession Or Consumption Of Alcoholic Beverages On State Forests

Current through Register Vol. 42, No. 9, June 28, 2024
It shall be unlawful to possess or consume any alcoholic beverage
						on State Forests.
Author:
Scott L. Rouse
Statutory Authority:
Code of Ala.
							1975
, §
										9-13-10.2.
PENALTY:
As provided by Section
							9-13-10,
							Code of Ala. 1975.
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS › Section 390-X-8-.01 - Volunteer Fire Departments Already Certified

Current through Register Vol. 42, No. 9, June 28, 2024
Any volunteer fire department certified by the Alabama Forestry
						Commission in accordance with
Code of Ala. 1975
, §
								9-3-17 prior to adoption of these regulations shall remain certified unless and until
						such volunteer fire department is decertified pursuant to the procedures provided
						in Ala. Admin. Code Rules
						390-X-8-.04 through -.06.
Author:
Scott L. Rouse
Statutory Authority:
Code of Ala.
							1975
, §
										9-3-17(e).
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS › Section 390-X-8-.02 - Minimum Certification Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A group seeking certification as a
					volunteer fire department in accordance with
Code of Ala.
					1975
, §
								9-3-17 must satisfy all the following standards and criteria before seeking
					certification by the Alabama Forestry Commission:
(a) The group must be incorporated as a
					nonprofit entity or be operated under authority of a municipality, fire district,
					or other legal subdivision;
(b) The
					group must have no fewer than four members, and the overall membership of the
					department shall have no less than 80 percent unsalaried membership;
(c) The group must have all the fire fighting
					apparatus, equipment, and facilities specified in
Code of Ala.
					1975
, §
									9-3-17(a)(3);
					and
(d) The county fire association
					where the group is located must formally recognize a clearly defined coverage
					area where the group will serve as the primary fire protection
					provider.
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS › Section 390-X-8-.03 - Process For Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					Recommendation by County Fire Association. A group that has satisfied all the
					standards and criteria set forth in Ala. Admin. Code Rule 390-X-8-.02 may
					petition the county fire association where the group is located to be recognized
					as a volunteer fire department. If the group is so recognized by a majority vote,
					the county fire association shall then recommend in writing to the State Forester
					that the group be inspected and certified as a volunteer fire department in
					accordance with
Code of Ala. 1975
, §
								9-3-17.
(2) Inspection and Certification by State
					Forester. Upon receiving a county fire association's recommendation, the State
					Forester (or his or her designee) shall make an inspection of the group seeking
					certification, as further provided in Ala. Admin. Code Rule
					390-X-8-.05.
					If the group has satisfied all the standards and criteria set forth in Ala.
					Admin. Code Rule
					390-X-8-.02,
					the State Forester shall certify the group as a volunteer fire
					department.
Author:
Scott L. Rouse
Statutory Authority:
Code of Ala.
							1975
, §
										9-3-17(e).
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS › Section 390-X-8-.04 - Grounds For Decertification; Process For Recommendations To Decertify

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
					recommendation of a county fire association, the Alabama Forestry Commission may
					decertify a volunteer fire department at any time based on any of the following
					grounds:
(a) The department ceases for any
					reason to be incorporated as a nonprofit entity or be operated under authority of
					a municipality, fire district, or other legal subdivision;
(b) The department has fewer than four members
					for a period lasting longer than six months;
(c) The overall membership of the department
					has at any time less than 80 percent unsalaried membership;
(d) The department lacks any of the fire
					fighting apparatus, equipment, or facilities specified in
Code of
					Ala. 1975
, §
									9-3-17(a)(3) for a period lasting longer than six months;
(e) The county fire association ceases for any
					reason to recognize a clearly defined coverage area for which the department
					serves as the primary fire protection provider;
(f) The department ceases for any reason to
					actively respond to fires and other emergencies for a period lasting longer than
					six months;
(g) The department fails
					to conduct or document regularly scheduled meetings, drill, and training sessions
					for a period lasting longer than six months; or
(h) The department fails to provide monthly
					emergency response reports to the Alabama Forestry Commission.
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS › Section 390-X-8-.06 - Process For Decertification

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					After conducting both an initial and second decertification inspection of a
					certified volunteer fire department, the State Forester shall determine whether
					grounds yet exist for decertification of such department, as specified in Ala.
					Admin. Code Rule
					390-X-8-.04.
					Before decertifying a department, the State Forester shall consider any written
					responses or other materials submitted by the department. The State Forester
					shall also consider whether any direct assistance from the Alabama Forestry
					Commission could enable the department to meet minimum certification requirements
					as specified in Ala. Admin. Code Rule
					390-X-8-.02.
(2) After considering all relevant factors, the
					State Forester may recommend to the Alabama Forestry Commission that a department
					be decertified, and such recommendation may then be voted upon at the
					Commission's next meeting. If the Alabama Forestry Commission determines to
					decertify a department, the department shall be given notice of the decision in
					writing, and a copy of the notice will be provided to the county fire association
					and local government(s) where the department is located. After receiving such
					notice, the group shall cease to operate as a volunteer fire
					department.
Author:
Scott L. Rouse
Statutory Authority:
Code of Ala.
							1975
, §
										9-3-17(e).
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS › Section 390-X-8-.07 - Default Decertification

Current through Register Vol. 42, No. 9, June 28, 2024
(a) If a volunteer
					fire department certified by the Alabama Forestry Commission in any way refuses
					to allow a decertification inspection required by Ala. Admin. Code Rule
					390-X-8-.05,
					or if a department fails to respond to any notice of a decertification inspection
					within 30 days of its issuance, then that department shall be in
					default.
(b) Once a department is in
					default, the State Forester shall give written notice to the department that its
					continued refusal to allow a decertification inspection, or its continued failure
					to respond to a notice of a decertification inspection, can result in summary
					decertification of the department.
(c) If the department thereafter continues to
					be in default for a period of no less than 30 days, the State Forester may
					recommend to the Alabama Forestry Commission that the department be summarily
					decertified. The Commission may then act upon the recommendation in the manner
					provided in Ala. Admin. Code Rule
					390-X-8-.06.
Author:
Scott L. Rouse
Statutory Authority:
Code of Ala.
							1975
, §
										9-3-17(e).
Alabama Administrative Code › Title 390 - ALABAMA FORESTRY COMMISSION › Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS › Section 390-X-8-.08 - Voluntary Decertification

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Any volunteer
					fire department certified by the Alabama Forestry Commission may decide at any
					time to voluntarily relinquish its certification, regardless of whether a
					decertification inspection has been requested or performed.
(b) To effectuate a voluntary decertification,
					the governing body of the department must adopt a resolution expressly
					relinquishing certification of the department, and that resolution must be
					transmitted in writing to the State Forester (or his or her designee). After such
					resolution is received, the department shall cease to be recognized as a
					volunteer fire department without need of further action by the Alabama Forestry
					Commission.
(c) In the event a
					department no longer has a functioning governing body, the current chief of the
					department may submit a written request for voluntary decertification to the
					State Forester (or his or her designee). The request must include a sworn
					affidavit from the current chief attesting to the department's lack of a
					functioning governing body and confirming that no other person or legal entity
					has authority over the department. After the request and affidavit are received
					and acknowledged in writing by the State Forester, the department shall cease to
					be recognized as a volunteer fire department without need of further action by
					the Alabama Forestry Commission.
(d)
					If the State Forester determines at any time that a written request, affidavit or
					resolution provided pursuant to this rule contains a material misrepresentation
					of facts or was otherwise submitted in bad faith, the State Forester shall have
					the discretion to summarily reinstate the affected department's certification
					without requiring it to comply with the process set forth in Ala. Admin. Code
					Rule
					390-X-8-.03.
Author:
Scott L. Rouse
Statutory Authority:
Code of Ala.
							1975
, §
										9-3-17(e).
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-1 - BOARD AND ITS MEMBERS › Section 395-X-1-.01 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama
			 Board of Funeral Services is made up of fourteen total members, eleven of whom
			 are professional members appointed by the Governor and three of whom are
			 consumer members appointed by the Lieutenant Governor or Speaker of the House.
			 The Board consists of two divisions, a Funeral Division (composed of seven
			 professional members who hold licenses as funeral directors or embalmers and
			 two consumer members) and a Preneed Division (composed of four professional
			 members who hold licenses as preneed sales agents and one consumer
			 member).
(2) The Board officers
			 consist of chair, vice chair, treasurer, and secretary. These positions shall
			 be filled by the Board during the first meeting immediately following the
			 appointment each year.
(a) A Board officer
			 shall preside over any meeting of the Board or of a Division of the Board in
			 order of precedence listed above.
(b) If a Division of the Board does not
			 include an officer of the Board among its membership, then that Division may
			 select a presiding member from its own membership.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-1 - BOARD AND ITS MEMBERS › Section 395-X-1-.02 - Nomination And Appointment

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Professional Members.
(a) In October of each
			 year in which the term of a professional member of the Board is scheduled to
			 expire, a meeting shall be held in Montgomery for the purpose of nominating
			 eligible candidates to serve on the Board as a professional member. Three
			 nominees for each position shall be selected and their names submitted to the
			 Governor.
1. At each meeting, only one
			 licensed funeral director or licensed embalmer employed by each funeral
			 establishment may vote to nominate candidates to serve as a professional member
			 of the Board for the Funeral Division.
2. At each meeting, only one licensed preneed
			 sales agent employed by each certificate of authority holder may vote to
			 nominate candidates to serve as a professional member of the Board for the
			 Preneed Division.
3. For each
			 position to be voted upon, no licensee can vote on behalf of more than one
			 funeral establishment or certificate of authority holder, or otherwise vote
			 more than once.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-1 - BOARD AND ITS MEMBERS › Section 395-X-1-.03 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall meet at least once quarterly for the purpose of
				conducting Board business. Special meetings may be called by the Board or the
				executive director to deal with matters that require immediate attention. All
				business meetings are open to the public with the exception of executive
				sessions allowed by the state "sunshine law." Anyone wishing to appear before
				the Board or who wishes the Board to consider a new rule, rule amendment, or
				repeal, should make such request in writing and submit it to the Board office
				to have the matter placed on the agenda of the next meeting.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13-2
				  6.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-1 - BOARD AND ITS MEMBERS › Section 395-X-1-.04 - Board Staff

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall employ an executive director and associate
				executive directors to operate the Board office. They may also employ
				administrative assistants and employees to aid in the operation. The staff
				shall work at the pleasure of the Board and the Board shall set all conditions
				and policies of employment. The executive director has the capacity of
				Secretary of the Board office and has interim decision authority when the Board
				is not in session. All decisions made by the executive director are subject to
				Board approval. The associate executive directors shall aid the executive
				director in their duties.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-23,
				  34-13-26.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-1 - BOARD AND ITS MEMBERS › Section 395-X-1-.05 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
All rules and regulations of the Board, relating to matters
				which are not specifically addressed in Title 34, Chapter 13,
Code
				of Ala. 1975
, shall be in addition to the provisions of said
				statute. The rules and regulations, however, shall not be construed to amend,
				supersede, or otherwise alter the state funeral service law, as it may be
				amended by the legislature.
Author:
Statutory Authority:
Code of Ala.
				  1975,
§
										34-13-26.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.01 - Application For License

Current through Register Vol. 42, No. 9, June 28, 2024
Anyone wishing to apply for any type of license, registration,
				or certification that is issued by the Board, must:
(1) Apply on a form supplied by the Board.
			 Said applicant must meet and comply with all provisions of Title 34, Chapter
			 13,
Code of Ala. 1975
, relating to licensure and
			 application thereof. No application is considered valid unless it is submitted
			 to and received by the Board office.
(2) The passing score for any Board
			 examination shall be either a scaled score of 75 or an average score of 75
			 percent, as determined by the scoring method used by the administering
			 entity.
(3) The Board shall
			 establish the beginning time of all examinations it administers. These
			 examinations shall be completed within 210 minutes within said beginning time,
			 as set by the Board, regardless of the length or number of sections of the
			 examinations.
(4) In addition to
			 the application fee, the Board shall charge each applicant an examination fee
			 of $100.00 for each funeral directing or embalming exam taken.
(5) Any application to the Board for a
			 license, certificate, or registration made on behalf of a sole proprietorship,
			 firm, corporation, partnership, joint venture, or limited liability company for
			 a certificate of authority to sell preneed contracts shall be sworn to by each:
(a) Owner, partner, member, shareholder,
			 and/or other principal of such entity controlling a 10% or greater interest in
			 the entity; and
(b) Any other
			 individual(s) or officer(s) as may be needed to legally bind the
			 entity.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.02 - Renewal Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 licenses or certifications expire every two years on October 1, with the
			 exception of apprentice certifications which expire every year on October
			 1.
(2) Each license or
			 certification must be renewed on or before September 1 of the year in which it
			 expires, or it shall be considered past due. A past due license or
			 certification may only be renewed by paying all license renewal fees and past
			 due penalties by October 1.
(3) The
			 Board shall provide notice by electronic format to each apprentice, funeral
			 director, embalmer, and establishment at least ninety (90) days prior to the
			 expiration date of said license that his or her renewal fee is due. Each
			 license contains the expiration date and, therefore, failure to receive a
			 renewal notice does not exempt a licensee from the renewal
			 requirements.
(4) A license or
			 certification not renewed by October 1 of its expiration year is expired.
			 Reactivation of an expired license or certification is at the discretion of,
			 and subject to the approval of, the Board. To seek reactivation of an expired
			 license or certification, a reactivation applicant must satisfactorily complete
			 each of the following:
(a) Submit an
			 application for reactivation on a form prescribed by the Board.
(b) Submit payment of all outstanding fees
			 and penalties.
(c) Complete a
			 background check in accordance with Title 34, Chapter 13 of the
Code of Ala. 1975
.
(d) Complete the Laws, Rules, and Regulation
			 Exam with a passing score, if no score is on file.
(e) Submit proof of completion of eight (8)
			 hours of continuing education (in accordance with
			 395-X-2-.07) for the two-year
			 licensing period immediately preceding the application for
			 reactivation.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.04 - Display Of Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
All licenses, registration, or certificate granted by the Board
				shall be on public display in a location of the establishment that is not
				restricted from the public travel.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-52.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.05 - State Laws, Rules, Regulation (LRR) Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All candidates for original cremationist,
			 funeral director and/or embalmer licensure must successfully complete an
			 examination on Alabama Funeral Service law, rules and regulations.
(2) A passing score on the LRR exam shall be
			 75% correct answers.
(3) The Board
			 shall establish the beginning time of all LRR examinations it administers.
			 These examinations shall be completed within 60 minutes from said beginning
			 time, as set by the Board, regardless of the length or number of sections of
			 the examinations.
(4) In addition
			 to the license application fee, the Board shall charge each applicant an LRR
			 examination fee of $50.00 for each LRR exam taken.
(5) The Board's staff may administer the LRR
			 exam.
(6) This examination shall be
			 in addition to any other examinations or tests prescribed in Title 34, Chapter
			 13,
Code of Ala. 1975
. This requirement shall become
			 effective October 1, 1986. The Board shall supply to each funeral
			 establishment, within fiscal year 1985-86, a copy of the state funeral service
			 laws and regulations and any amendments or revisions of the same made
			 thereafter.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13-2 6.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.06 - Disaster Mutual Aid

Current through Register Vol. 42, No. 9, June 28, 2024
In the event that a disaster or state of emergency occur
				resulting in massive casualties which overwhelms the capabilities of funeral
				directors and embalmers of the affected community, licensed embalmers and
				funeral directors from other states may assist such local efforts in providing
				funeral directing and embalming services under the following conditions:
(a) That the disaster related casualties
			 exceed the capabilities of the local licensees;
(b) That the disaster be declared as such by
			 the appropriate emergency management officials;
(c) That the out-of-state licensees be
			 eligible for reciprocity licensure in Alabama;
(d) That the out-of-state licensees be
			 authorized members of disaster mortuary teams;
(e) That the services provided by these
			 licensees be limited for the duration of servicing the disaster and that their
			 service be under the supervision of Alabama licensees;
(f) That only Alabama licensed funeral
			 directors may sign death certificates relating to the disaster.
Author:
Warren S. Higgins
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-3,
				  34-13-26.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.07 - Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Beginning October 1, 2014, each cremationist, funeral director and embalmer,
			 licensed by the Board, shall complete a minimum of eight hours of Board
			 approved continuing education within a two year period ending September 30,
			 2016 and then continuing each two year period thereafter. Included in the
			 required eight hours, all licensees must complete a board approved continuing
			 education course in ethics and blood-borne pathogens/universal
			 precautions.
(2) An approved
			 program of activity shall:
(a) Constitute an
			 organized program or course of learning dealing with matters directly related
			 to the practice of funeral directing, embalming, or funeral service.
(b) Be in the format of a lecture, workshop,
			 seminar, conference, or internet based program or course.
(c) It permits attendance by all funeral
			 directors and embalmers in the State of Alabama.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.08 - Cremationist

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 seeking licensure as a cremationist must:
(a)
			 Be certified as a crematory operator by successfully completing a crematory
			 operator training course approved by the board, in addition to other
			 requirements as stated in Title 34 Chapter 13,
Code of Ala.
			 1975
. The course must be no less than 7 hours instructional
			 time.
(b) Submit the crematory
			 operator training course certificate of completion to the Board before a
			 license is issued.
(c) Individual
			 who completed a board approved crematory operator training course prior to
			 October 1, 2017 and the completion date is greater than 4 years must complete a
			 re-fresher course or another crematory operator training course approved by the
			 board.
(d) Submit an affidavit of
			 at least one crematory operator to the effect that the applicant is of good
			 character and has qualified himself or herself to become licensed as prescribed
			 by Title 34 Chapter 13,
Code of Ala. 1975
.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-2 - LICENSE › Section 395-X-2-.09 - Examinations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Executive
			 Director of the Board may oversee the preparation and administration of
			 examinations of funeral director and embalmer licensure applicants.
(2) Board-administered examinations of
			 funeral director and embalmer licensure applicants shall consist of 125
			 multiple choice questions selected by Board staff that:
(a) Cover each of the subjects listed:
1. In
Code of Ala.
			 1975
, §
										34-13-73(a) and
			 (b) for examinations of funeral director
			 licensure applicants; or
2. In
Code of Ala. 1975
, §
										34-13-94(a), for
			 examinations of embalmer licensure applicants; and
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-3 - APPRENTICE › Section 395-X-3-.01 - Course Of Apprentice Funeral Director

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Time requirements:
(a) The course of a funeral director
			 apprenticeship shall be 60 consecutive months starting on the original issue
			 date of the certification and continuing until the defined end date.
(b) No apprenticeship shall continue beyond
			 the 60-month course, including where an apprentice certification has expired
			 and been reactivated pursuant to Alabama Code §§
									34-13-131 and Alabama
			 Administrative Code r.
			 395-X-2-.02. An apprenticeship
			 certification may not be reactivated more than two times.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-3 - APPRENTICE › Section 395-X-3-.02 - Course Of Apprentice Embalmer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Time requirements:
(a) The course of an embalmer apprenticeship
			 shall be 60 consecutive months starting on the original issue date of the
			 certification and continuing until the defined end date.
(b) No apprenticeship shall continue beyond
			 the 60-month course, including where an apprentice certification has expired
			 and been reactivated pursuant to
Code of Ala. 1975
,
			 §§
									34-13-131 and Alabama
			 Administrative Code r.
			 395-X-2-.02. An apprenticeship
			 certification may not be reactivated more than two times.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-3 - APPRENTICE › Section 395-X-3-.03 - Apprentice Supervision

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Title
			 34, Chapter 13,
Code of Ala. 1975
, requires apprentice
			 funeral director's period of apprenticeship to be under the supervision of a
			 licensed funeral director. Title 34, Chapter 13,
Code of Ala.
			 1975
, requires apprentice embalmers' period of apprenticeship to
			 be under the supervision of a licensed embalmer.
(2) The apprentice supervisor may only
			 supervise three apprentices at any given time, excluding the Embalming Clinical
			 Lab sites for mortuary colleges or schools.
(3) The apprentice supervisor's license(s)
			 must be current, actively working, and in good standing with the board. For
			 this section, good standing means the licensee has a current license with no
			 pending actions and is not on probation with the board.
(4) Whenever an apprentice funeral director
			 or apprentice embalmer is performing any of the activities or duties of
			 licensed funeral directors or embalmers, respectively, a licensed funeral
			 director or licensed embalmer under whose supervision the apprentice funeral
			 director or apprentice embalmer is performing the particular activity or duty,
			 must:
(a) be present on the premises of the
			 funeral establishment where the activities or duties are being performed;
			 and
(b) be readily available to
			 assist the apprentice.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-4 - INVESTIGATIONS AND INSPECTIONS › Section 395-X-4-.01 - Original Inspection Of Funeral Establishments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Before a funeral establishment may open
			 for business:
(a) An inspection of the
			 premises must be made by one of the Board's staff or its members to verify that
			 the establishment is in compliance with all rules and laws.
(b) The establishment must obtain a current
			 business license from the county or city municipality where the establishment
			 is located.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-4 - INVESTIGATIONS AND INSPECTIONS › Section 395-X-4-.02 - Annual Inspections Of Funeral Establishments

Current through Register Vol. 42, No. 9, June 28, 2024
Anyone wishing to apply for any type of license, registration,
				or certification that is issued by the Board, must: § -111(b). Said fees
				shall be submitted to the Board within forty-five (45) days of the inspection.
				Inspection fees that are not received by the Board within forty-five (45) days
				will be charges a late fee penalty of one hundred fifty (150) dollars. Should
				an establishment be found to be noncompliant of state funeral service laws or
				regulations, the inspector may give the establishment a specified period of
				time, to be set by the inspector, to correct the violations. Following the
				duration of such period, said establishment will be re-inspected. Should the
				same violations remain, the establishment operator will be notified to appear
				before the Board to answer charges of violating state funeral service laws or
				regulations. It is hereby declared to be the intent of the Board that such
				period of compliance and re-inspection is left completely to the discretion of
				the investigator and should violations or inadequacies found on the initial
				inspection pose serious consequences, the investigator may request the
				establishment operator to appear before the Board for such violations without
				providing period of compliance on re-inspection.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-12-111.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-4 - INVESTIGATIONS AND INSPECTIONS › Section 395-X-4-.03 - Complaints And Investigations

Current through Register Vol. 42, No. 9, June 28, 2024
Any person who feels that a licensee has committed an act which
				is in violation of state laws or regulations relating to funeral service may
				make a complaint to the Board. The Board will only accept formal written
				complaints unless in the discretion of the Board representative receiving the
				complaint, there is sufficient information supplied by an oral complaint to
				warrant further investigation. After a complaint is received and reviewed, the
				Board staff shall send a copy of the complaint to the affected licensee by
				certified mail. The licensee shall answer the complaint in writing within
				twenty (20) days. After receipt of the response from the licensee or lapse of 2
				0 days, the Board_may conduct an investigation into the charges. If an
				investigation is initiated, upon its completion, the investigator, along with
				one Board member and/or legal counsel, shall review the evidence obtained to
				decide if an administrative hearing by the Board is necessary. If such hearing
				takes place, the Board and its staff shall inform the accused licensee and meet
				any other requirements as set forth in Title 34, Chapter 13, and Title 41,
				Chapter 22, Code of Ala. 1975, relating to administrative hearings. Should a
				Board member be involved in the investigation or in deciding the necessity of a
				hearing, said member shall not participate in hearing the merits of the case or
				the final decision process of the hearing.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13-26.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-4 - INVESTIGATIONS AND INSPECTIONS › Section 395-X-4-.04 - Managing Funeral Director

Current through Register Vol. 42, No. 9, June 28, 2024
No funeral establishment shall be licensed except upon the
				basis of employing a managing funeral director whose physical residence address
				is within 75 miles of the physical address of the funeral
				establishment.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-112.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-4 - INVESTIGATIONS AND INSPECTIONS › Section 395-X-4-.05 - Business Cards

Current through Register Vol. 42, No. 9, June 28, 2024
If the business card of a funeral establishment contains the
				name of an individual, the individual's job title must be stated on the
				business card. If the job title stated on the business card is funeral
				director, embalmer, undertaker, mortician, cremationist, apprentice funeral
				director, apprentice embalmer, or any like title, the individual must hold a
				current license or certificate issued by the board.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-112.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-4 - INVESTIGATIONS AND INSPECTIONS › Section 395-X-4-.06 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
All records required under Title 34, Chapter 13 and by rule of
				the board shall remain on site of the funeral establishment and be promptly
				produced for inspection or investigation upon request by an agent of the
				board.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-110.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-5 - PAYMENTS TO THE BOARD › Section 395-X-5-.01 - Payments To The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Board will only accept cash, money orders, certified
				checks, and cashiers checks as payment if the issuer has previously issued a
				bad check to the Board. Personal or business checks will be accepted as long as
				the said checks are collectable.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13-26.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.01 - Preparation Room

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 preparation room of a funeral establishment shall have at least:
(a) One approved embalming table,
(b) Operating embalming equipment,
(c) All professional instruments necessary
			 for embalming and the preparation of dead human bodies.
(d) The walls and floors shall be non-porous
			 for easy cleaning.
(e) The
			 preparation room shall be equipped with hot and cold running water,
(f) A ventilation fan,
(g) Container or receptacles for soiled
			 linen, clothing, and waste disposal,
(h) Devices for proper drainage and waste
			 disposal.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.02 - Display Or Selection Room

Current through Register Vol. 42, No. 9, June 28, 2024
Each establishment shall have a selection or display room for
				persons to view available funeral merchandise or supplies. In addition to
				statutory requirements the display room shall be clean and neatly arranged and
				shall contain a stock of adult caskets and funeral supplies displayed in full
				size, cuts, photographs, or electronic images. Each funeral establishment shall
				have a card or brochure in each full-size and cut casket and a clear statement
				on each photograph and electronic image of a casket stating the unit price of
				that casket. At no time shall less than eight different adult full size caskets
				be on the premises.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-113.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.03 - Rest Rooms

Current through Register Vol. 42, No. 9, June 28, 2024
Each establishment shall have at least one public rest room.
				The rest room(s) shall have nonporus floors and clean walls and also shall be
				equipped with hot and cold running water, roll or disposable towels, and
				necessary lighting for adequate visibility. The rest room(s) shall not be used
				as a storage area for mops, brooms, or any other items.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-151.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.04 - General Interior

Current through Register Vol. 42, No. 9, June 28, 2024
The interior of the establishment shall be maintained to assure
				that there are no rotten or deteriorated boards or flooring which would be
				subject to public travel. All outside openings shall be screened, covered, or
				otherwise sealed to prevent the entrance of insects or rodents. Any openings
				between the preparation room and public areas shall be sealed to prevent fumes
				from escaping into such areas. All public areas should be maintained to present
				a clean and attractive appearance which includes the repair and maintenance of
				all walls and floors which may have holes, scaling paint, or any other
				deterioration.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-151.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.05 - General Exterior

Current through Register Vol. 42, No. 9, June 28, 2024
The exterior and immediate surroundings of the establishment
				should be maintained to assure that the premises be free of litter and debris
				and that all areas subject to public travel be free of objects or other matter
				which could cause possible injury. All roofing or overhead covering shall be
				maintained to prevent any leaks to the interior of the establishment.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-151.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.06 - Embalming Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Embalming
			 Log.
(a) Each funeral establishment in this
			 state, beginning January 1, 1986, shall keep a record of each human dead body
			 embalmed at said establishment and shall retain such record for a period of not
			 less than four (4) years.
(b) The
			 record may be in simple log form, but shall contain
1. the name of the deceased
2. date of embalming
3. time embalming procedure began and
			 ended
4. the signature of the
			 embalmer.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.07 - Identification Of Dead Human Bodies

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the identification systems as provided in
				Section 22-19-5,
Code of Ala.
				1975
, the Alabama Board of Funeral Service hereby provides:
(1) A non-detachable ankle bracelets are
			 deemed as an approved method of identification of dead human bodies in the
			 possession or custody of a funeral establishment in this state.
(2) The non-detachable ankle bracelet may
			 contain any information at the discretion of the establishment in addition to
			 the following required information the concerning the deceased:
(a) First and last name
(b) Date of Death
(c) Name of Funeral Establishment
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.08 - Mortuary Services

Current through Register Vol. 42, No. 9, June 28, 2024
Each Mortuary Service establishment shall meet and comply with
				all provisions section
				395-X-6-.01,
				395-X-6-.04,
				395-X-6-.05,
				395-X-6-.06 and
				395-X-6-.07 of this chapter and
				Title 34, Chapter 13,
Code of Ala 1975
, relating to
				mortuary services.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-113(C).
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.09 - Crematory

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A funeral
			 establishment that begin operating a crematory on or after October 1, 2017,
			 shall comply with Title 34, Chapter 13,
Code of Ala.
			 1975
and Alabama Administrative Code 395.
(2) A funeral establishment operating a
			 crematory in this state before October 1, 2017 shall comply with Title 34,
			 Chapter 13,
Code of Ala. 1975
and Alabama
			 Administrative Code 395, if any of the following occur:
(a) Major structural renovation are made to
			 the crematory facility that includes the addition of square footage or redesign
			 of the facility.
(b) Installation
			 of an additional cremation chamber or the relocation of an existing
			 chamber.
(c) The establishment
			 closes and reopens.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.10 - Crematory Holding Room

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 holding room within a crematory facility for the retention of human remain
			 before cremation and cremated remains after cremation shall be a minimum of 100
			 square feet.
(2) The holding room
			 shall be secured by a locking door(s) with signs indicating "Employees
			 Only".
(3) The walls and floors
			 shall be non-porous for easy cleaning.
(4) The holding shall a container or
			 receptacle for soiled linen, or clothing, and waste disposal.
(5) It shall have adequate
			 lighting.
(6) All contents or items
			 shall be kept clean of blood and at no time shall the holding room be used as a
			 storage area.
(7) Any openings
			 between the holding room and public areas shall be sealed to prevent odors from
			 escaping into such areas.
(8) Human
			 remains shall never be stacked or placed upon other human remains. For this
			 rule stacked shall mean in direct contact one on top of the other.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-120.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.11 - Refrigeration Unit

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Refrigeration units for the storage of human remains in a crematory facility
			 shall:
(a) Hold a minimum 3 human
			 remains.
(b) Maintain a constant
			 temperature between 35 degr ees to 45 degrees Fahrenheit at all
			 times.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.12 - Combustible Cremation Container

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All human remains shall be cremated in a
			 combustible container that provides a complete covering of the
			 remains.
(2) Human remains to be
			 cremated shall be immediately placed in or delivered to the crematory in a
			 combustible container marked with the following identifying information
			 directly on the container:
(a) First and last
			 name
(b) Date of Death
(c) Name of Funeral Establishment
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.13 - Internal Identification System

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The approved method of internal
			 identification for human remains to be cremated at a crematory shall be metal
			 tags containing the following information:
(a) Crematory Name
(b) Identification Number
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.14 - Cremation Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Cremation
			 Log.
(a) The cremation log shall be in simple
			 log form containing:
1. The name of the
			 deceased
2. Internal identification
			 number
3. Date of
			 cremations
4. Start time and end
			 time of cremation
5. Cremation
			 preformed for
6. Disposition of
			 Cremains
7. The signature of the
			 cremationist.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-7 - EYE ENUCLEATING TECHNICIANS › Section 395-X-7-.01 - Application (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-151.