reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.02 - Amendment of License - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any amendment of the license shall
			 require the prior approval of the Supervisor. Authorized amendments, including
			 but not limited to changes in location or trade name, shall be made only upon
			 written request of the licensee and submission of the current
			 license.
(2) Failure to obtain the
			 prior approval of the Supervisor may result in a fine not to exceed
			 $500.00.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of
				  Alabama
1975, §
										5-18A-10 and §
										5-18A-7.
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.03 - Changes in Ownership - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensee,
			 other than a licensee whose shares are publicly traded, shall notify the
			 Supervisor, in writing, of any changes affecting ownership and submit such
			 information as the Supervisor may require consistent with the provisions of the
			 Deferred Presentment Services Act. The Supervisor may request such information
			 at any time should he or she have reasonable cause to believe a change in
			 licensee's ownership has occurred.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of Alabama 1975, §
										5-18A-10 and §
										5-18A-8.
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.04 - Additional Reports and Records - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to
			 the reports and records required elsewhere in the Act and regulations, each
			 licensee shall maintain and/or submit to the Bureau of Loans such other reports
			 and records at such time and in such form as the Supervisor may
			 require.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of Alabama 1975, §
										5-18A-10 and §
										5-18A-11.
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.05 - Moving or Closing a Licensed Location - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At least
			 thirty (30) days before the address of a licensed location is changed, the
			 licensee shall notify the Supervisor in writing. The licensee shall post an
			 announcement on the front door listing the address for the new location. The
			 announcement shall remain on the front door until the location changes. The
			 licensee shall certify to the Supervisor the date the announcement was posted
			 and shall attach a copy of the announcement and the original license for
			 amendment.
(2) At least thirty (30)
			 days before a licensed location is to be closed, the licensee shall notify the
			 Supervisor in writing. The licensee shall post an announcement on the front
			 door listing the business telephone number and mailing address of another
			 location, if any. The announcement shall remain posted until the existing
			 location closes. The licensee shall certify to the Supervisor the date the
			 announcement was posted and shall attach a copy of the announcement along with
			 the original license for the closing location.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of Alabama 1975, §
										5-18A-10 and §
										5-18A-7
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.06 - Locations - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each location where deferred presentment
			 loans are made shall be licensed. A "location" shall include any location at
			 which:
(i) a deferred presentment loan
			 application is provided, taken, or completed in person, or
(ii) where a potential customer obtains
			 information about the terms and conditions of deferred presentment loans and
			 includes the use of the internet, facsimile, telephone, kiosk, or other means.
			 Transactions entered without benefit of a license under the Deferred
			 Presentment Services Act shall be uncollectable and
			 unenforceable.
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.07 - Records - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each licensee shall maintain adequate
			 files at each licensed location containing all information necessary to verify
			 compliance with the Deferred Presentment Services Act and regulations,
			 including, but not limited to, the following:
(a)
Customer Account
			 File
: Each customer's file must contain all information kept by
			 the deferred presentment licensee, including each original Customer Agreement
			 with a copy of the check or debit authorization, "APPROVED" message from the
			 third-party database provider, copy of any returned check and records of any
			 collection activity or extended repayment plans, and copies of any other
			 documents kept regarding the customer. Documents and payment histories must
			 accurately reflect the amount of payments made to and by the
			 borrower.
(b)
Loan
			 Register of Agreements Executed
: Customer Agreements must be
			 consecutively numbered and a loan register must be maintained. The register
			 must contain at a minimum the customer's name, transaction date and Agreement
			 number. In lieu of a loan register, providers may keep a notebook with a copy
			 of each deferred presentment agreement executed in consecutive order. Licensee
			 must also keep any "voided" loans and be able to account for any missing
			 numbers.
(c)
Litigation
			 Log
: An up-to-date list of suits filed against customers providing
			 at a minimum the customer's full name and address, transaction date, Agreement
			 number, amount of check, maturity date, amount of claim, name of court and
			 judge, date filed, date of judgment and amount awarded, date(s) and amount(s)
			 paid; notation when paid-in-full. Copies of the returned check or ACH item,
			 customer agreement, filed copy of the Statement of Claim, and receipts for all
			 court costs must be attached to the log.
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.08 - Examination - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Supervisor, or duly appointed
			 representatives, shall conduct an examination of each licensee.
(2) Each licensee shall ensure that all
			 records are promptly and reasonably available to be examined and, if necessary,
			 copied.
(3) In case of failure to
			 comply with the Supervisor's examination process, the Supervisor may initiate
			 any authorized action, including the assessment of civil penalties and/or
			 license revocation.
(4) If the
			 examination finds any violations of the Act or these regulations, the
			 Supervisor may initiate any authorized action, including the assessment of
			 civil penalties and/or license revocation.
(5) In order to avoid the expense and time
			 involved in formal legal proceedings, it is the policy of the Supervisor to
			 afford parties who have engaged in unlawful acts and practices an opportunity
			 to enter into stipulations, agreed settlements, or consent orders when it
			 appears to the Supervisor that such procedure fully safeguards the public
			 interest. The Supervisor reserves the right in all matters to withhold the
			 privilege of an informal disposition
(6) When an examination is conducted in the
			 State of Alabama, the examination fee shall be $100 per day or a fraction
			 thereof for each examiner and such fee shall be due and payable at the close of
			 the examination.
(7) When an
			 examination is conducted outside the State of Alabama, the licensee shall pay
			 the reasonable and necessary expenses for the Supervisor or his representative
			 to examine their records at the place where the records are
			 maintained.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of
				  Alabama
1975, §
										5-18A-10,
				  §
										5-18A-11,
				  §
										5-18A-15,
				  §
										5-18A-16,
				  and §
										5-18A-17
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.09 - Database Service Provider - Deferred Presentment Service Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In order to
			 comply with the intent of the Act regarding the maximum loan amount for a
			 single customer, the State Banking Department shall implement a common approved
			 database with real-time access through an internet connection. Each licensee
			 shall use the same approved third-party database service provider as determined
			 by the State Banking Department.
(2) The database service provider shall
			 afford the State Banking Department access to the database information without
			 charge in order to conduct continuous and random inquiries to measure
			 compliance with the applicable provisions of the Act and regulations.
(3) The database service provider shall
			 establish and maintain minimum standards as to the database required by the
			 State Banking Department. The database service provider must have "real time"
			 capability to communicate with all licensees to determine compliance with the
			 maximum loan amount for a single customer.
(4) Licensees must submit accurate and timely
			 information to the database service provider. Failure to do so may result in
			 the assessment of civil money penalties and/or license revocation.
(5) Licensees must cooperate with the
			 approved database service provider to resolve customer disputes.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of
				  Alabama
1975, §
										5-18A-10,
				  §
										5-18A-1 and
				  §
										5-18A-13
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.10 - Investigative Proceedings - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Investigations
			 and inquiries are originated upon request or complaint by a member of the
			 public or by the Supervisor.
(2)
			 The Supervisor encourages voluntary cooperation in investigations. The
			 Supervisor may invoke any or all of the compulsory process authorized by law,
			 including subpoenas, depositions, and production of records.
(3) In case of failure to comply with the
			 Supervisor's investigative processes, the Supervisor may initiate any
			 authorized action, including license suspension, and petitioning any court of
			 competent jurisdiction for enforcement.
(4) If the investigation finds any violations
			 of the Act or these regulations, the Supervisor may initiate any authorized
			 action, including the assessment of civil penalties, and the issuance of Cease
			 and Desist Orders.
(5) In order to
			 avoid the expense and time involved in formal legal proceedings, it is the
			 policy of the Supervisor to afford parties who have engaged in unlawful acts
			 and practices an opportunity to enter into stipulations, agreed settlements,
			 consent orders, or defaults when it appears to the Supervisor that such
			 procedure fully safeguards the public interest. The Supervisor reserves the
			 right in all matters to withhold the privilege of an informal
			 disposition.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of
				  Alabama
1975, §
										5-18A-10,
				  §
										5-18A-11,
				  §
										5-18A-16, §
										5-18A-17 and §
										5-18A-18
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.11 - Joint Bank Accounts - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each party on a
			 joint bank account may write checks in an amount not to exceed an aggregate of
			 five hundred dollars ($500) per party. However, a separate deferred presentment
			 agreement must accompany each check.
(2) A licensee may not require joint account
			 holders to take either joint or separate loans and a joint account holder's
			 decision to obtain a separate loan must be voluntary.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of
				  Alabama
1975, §
										5-18A-10 and §
										5-18A-13
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.12 - Prohibited Acts - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No licensee may threaten criminal
			 prosecution for bad checks written in connection with a deferred presentment
			 loan unless the check is returned due to an account that was closed prior to
			 the loan date. The licensee may charge only one (1) NSF fee on a returned check
			 and the check must be presented to the depository institution before the
			 imposition of the NSF fee. Licensees may not split a deferred presentment
			 transaction into two agreements on the same day in order to collect two NSF
			 fees.
(2) Licensees may not file
			 legal claims to collect delinquent deferred presentment transactions without
			 first offering the customer in writing an extended repayment plan of four equal
			 monthly payments at no additional cost.
(3) No licensee shall charge any fee
			 authorized under Section
			 8-8-15 unless the check has been actually presented for payment to the financial
			 institution.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of
				  Alabama
1975, §
										5-18A-10,
				  §
										5-18A-12,
				  and §
										5-18A-13
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Section 155-2-4-.13 - Public Notice of Provisions - Deferred Presentment Services Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All licensees
			 must conspicuously and continuously display a schedule of all fees and
			 pertinent provisions of the Act in its lobby. This sign must be at least 20 X
			 20 in size and must contain the wording in Appendix A, as modified for the
			 licensee's name and fees charged, and the corresponding APR for a typical
			 14-day term.
Author:
Scott Corscadden, Supervisor, Bureau of
				  Loans
Statutory Authority:
Code of
				  Alabama
1975, §
										5-18A-10 and §
										5-18A-19
Alabama Administrative Code › Title 155 - STATE BANKING DEPARTMENT BUREAU OF LOANS › Chapter 155-2-4 - DEFERRED PRESENTMENT SERVICES ACT REGULATIONS › Appendix A

Current through Register Vol. 42, No. 9, June 28, 2024
NOTICE: FEES FOR DEFERRED PRESENTMENT TRANSACTIONS MAY
				BE SIGNFICANTLY HIGHER THAN FOR OTHER TYPES OF LOANS.
Maximum Fee: The most that any Deferred Presentment provider
				may charge for Deferred Presentment transactions is 17.5% of the cash advanced.
				[LICENSEE'S NAME] charges [FEE RATE] for these transactions. The following
				table illustrates [LICENSEE'S NAME] fee structure:
Loan Amount
Fee Rate
Fee Amount
APR for 14-Dav Term
Total of Pavments
$100
[ ]%
$[ ]
[ ]%
$[ ]
$150
[ ]%
$[ ]
[ ]%
$[ ]
$200
[ ]%
$[ ]
[ ]%
$[ ]
$250
[ ]%
$[ ]
[ ]%
$[ ]
$300
[ ]%
$[ ]
[ ]%
$[ ]
$350
[ ]%
$[ ]
[ ]%
$[ ]
$400
[ ]%
$[ ]
[ ]%
$[ ]
$450
[ ]%
$[ ]
[ ]%
$[ ]
$500
[ ]%
$[ ]
[ ]%
$[ ]
No other fees may be charged for these transactions, except if
				a check "bounces" once it is deposited at a bank, then the provider may charge
				a one-time NSF fee of up to $30.00. And if the provider must go to court to
				enforce payment of this loan, then you may be assessed court costs and up to
				15% of the face amount of the check as attorney's fees.
You cannot be
				arrested or sent to jail for passing a "worthless" deferred presentment check
				unless the check was returned due to an account closed prior to the day of the
				loan.
Maximum Loan Amount:
The law limits
				the maximum loan amount that any one borrower may have with all Deferred
				Presentment providers to $500. The provider will be verifying your other
				outstanding deferred presentment loans with a database to determine compliance
				with the law.
Term:
Deferred Presentment
				transactions cannot be made for a term of less than 10 days or more than 31
				days.
Renewal:
Your transaction is due on
				the maturity date. You may obtain another transaction once this one is
				paid-in-full. However, if you cannot repay the total amount due, then, if
				offered by the provider, you may renew this transaction one more time upon
				payment of an additional fee. If you cannot pay the total amount due at that
				time, then, at the provider's option, you may extend your repayment into four
				equal monthly installments at no additional cost.
Customer Agreement:
You must be given
				a copy of the provider's Deferred Presentment Services Agreement. You have the
				right to read the Agreement before you sign it. You have the right to ask
				questions of the provider's staff until you thoroughly understand everything in
				the Agreement. You also have the right to walk away from the Agreement before
				you sign it.
Complaints:
[LICENSEE'S NAME] is a
				licensed Deferred Presentment provider in Alabama. To report any unresolved
				problems with [LICENSEE'S NAME], contact the STATE BANKING DEPARTMENT, Bureau
				of Loans, P.O. Box 4600, Montgomery, Alabama 36103-4600. Telephone:
				334/242-3452. Website:
www.banking.alabama.gov
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-1 - PROPERTY AND PROPERTY RIGHTS AVAILABLE FOR SHORELINE USE AND DEVELOPMENT › Section 160-X-1-.01 - Land Use Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Land Use Agreements Versus Permanently Disposing of Land. Bear Creek Development Authority (BCDA) will make property and property rights available for shoreline use and development commensurate with land use plans developed for each of the four reservoirs within the Bear Creek Project. These disposal actions with individuals, groups, organizations, or governmental entities can be for a specified time, indefinite periods, or permanent and at an appropriate fee established by BCDA. BCDA prefers to make property rights available through term agreements rather than permanently disposing of interest in land.
(2) Leasing (Commercial and Industrial) - The length of the lease may be for up to twenty-five (25) years; an option for the same period is negotiable. The annual lease payment will be 10 percent of the appraised value of the property. The property will be reappraised at the end of each five (5) year period by a licensed appraiser approved by BCDA. The annual lease payment for the remaining term will be 10 percent of the new appraised value. For commercial recreation, the lease payment may at BCDA's option be negotiated on a percentage of gross income, depending on public and private land mix or the revenue generated on public lands.
(3) Sale of Fee - Will only be sold at public auction with the current fair market value of the property as approved by TVA being the minimum acceptable price.
(4) Easements - BCDA may grant a term or permanent easement, for or at no fee, for such things as rights-of-way for telephone lines, power lines, roads, recreation, etc., that will benefit the public.
(5) License - Certain tracts of land, proposed for minor land uses, may be made available under a revocable license agreement when proposed use is judged to be compatible with BCDA objectives. Annual license fees will be based on a rate schedule established annually by BCDA for various land uses such as: agricultural; private recreation facilities; roads and ground improvements including lawns, planting, vistas, etc.
(6) Letter of No Objection or Letter Permit - will be required for a specific short term use.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-1 - PROPERTY AND PROPERTY RIGHTS AVAILABLE FOR SHORELINE USE AND DEVELOPMENT › Section 160-X-1-.02 - Building Codes

Current through Register Vol. 42, No. 9, June 28, 2024
All buildings will be constructed to comply with the Southern Building Code. Where the Southern Building Code does not meet the minimum standards of the local city and/or county codes, the local codes will be the basis for establishing minimum building requirements. In the absence of any codes, BCDA will ensure that minimum requirements are met.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-1 - PROPERTY AND PROPERTY RIGHTS AVAILABLE FOR SHORELINE USE AND DEVELOPMENT › Section 160-X-1-.03 - Sanitation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All emissions of pollutants that might be discharged directly or indirectly into the atmosphere, into any stream, lake, reservoir, or other surface or subterranean waters, or into or onto the ground from any of the reservoir areas, managed land areas, and adjoining shoreline land subject to BCDA management, must be controlled in full compliance with all applicable standards and requirements relating to pollution control of any kind now in effect or hereafter established by or pursuant to federal, state, or local statutes, ordinances, or regulations.
(2) When no alternatives exist to using "managed land" for subsurface disposal field shall be installed above the spillway crest elevation shown in Table A. "Managed Lands" is defined as land owned by United States of America on Bear Creek, Little Bear Creek, Upper Bear Creek, and Cedar Creek Reservoirs lying below the managed lands elevation listed in Table A, or below a surveyed line approximating that contour and such other land conveyed in the United States of America pursuant to Section I (1) of Supplement No. 6 to Contract TV-30552A. Disposal systems serving private property will not be permitted on BCDA managed land.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-2 - ZONING › Section 160-X-2-.01 - Prohibited Skiing And Camping

Current through Register Vol. 42, No. 9, June 28, 2024
Reservoir areas will be zoned as necessary for public safety
				and use. Zoning approved to date prohibits skiing above Horseshoe Bend Bridge,
				on Bear Creek Reservoir and Highway 71 (Mondye Bridge) and Highway 7 on Upper
				Bear Creek Reservoir. Overnight camping or day use (with the exception of
				permissible hunting) outside developed area is prohibited, and any person
				engaging in camping or day use (with the exception of permissible hunting)
				outside of camping and day use areas shall be deemed to be unlawful upon said
				premises.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-3 - STRUCTURES › Section 160-X-3-.01 - Habitable Structure Profile

Current through Register Vol. 42, No. 9, June 28, 2024
No building or any portion of a building or any other structure
				shall be constructed, placed, moored, or maintained on land located below the
				habitable structure profile (See Table A), except as constructed in accordance
				with plans approved by BCDA and/or TVA; the first floor and any habitable
				portion of a structure must be above the habitable structure profile and have
				direct access to land above the habitable structure profile.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-4 - SIGNS › Section 160-X-4-.01 - Sign Standards

Current through Register Vol. 42, No. 9, June 28, 2024
It is the intention of BCDA to develop sign standards for different uses which will be functional and distinctive. Standards will be developed for various uses based on a sign plan for the reservoir shorelands. No sign of any kind, temporary or permanent, may be installed without prior written approval of BCDA. Signs installed in noncompliance with these procedures will be removed by BCDA or upon written notification from BCDA by the owner at his expense.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-5 - ENCROACHMENTS › Section 160-X-5-.01 - Informing The Public Of The Purposes For Which Land Under BCDA's Administration May Be Made Available

Current through Register Vol. 42, No. 9, June 28, 2024
It is the policy of BCDA, through all reasonable means such as personal contact, public announcements, etc., to fully inform the public concerning the manner and purposes for which lands under its administration may be made available for use and development. In furtherance of this policy, BCDA, through the Bear Creek Administrator, will, in cases of unauthorized use of these lands, vigorously pursue corrective measures, including legal recourse, to enforce its administrative responsibility.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-5 - ENCROACHMENTS › Section 160-X-5-.02 - Disposition Of Encroachments

Current through Register Vol. 42, No. 9, June 28, 2024
An encroachment as used herein is a structure, facility, or improvement partially or wholly constructed or maintained on BCDA owned or administered Bear Creek Project Land which violates BCDA and TVA land rights, established policy, standards, deed restrictions or procedures.
Author:
Statutory Authority:
Code of Ala. 1975,
§§
										33-15-1,
et seq.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-5 - ENCROACHMENTS › Section 160-X-5-.03 - Recovery Of Administration Cost

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Owners of encroachment will be required to pay the full administrative cost resulting from investigation of the encroachment. Administrative cost as used herein shall include those for salaries of BCDA staff, engineering, surveying, appraisal, attorney services, and others as may be deemed appropriate.
(2) This cost shall not be less than $100.00, unless deemed otherwise by action of the BCDA Board of Directors.
(3) Sale of fee title will be at twice the appraised value plus execution costs.
(4) Other criteria determined appropriate by the BCDA Board of Directors may be used.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-5 - ENCROACHMENTS › Section 160-X-5-.04 - Timber Trespass

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A timber trespass as described herein is the cutting, removing, killing, destroying, girdling, chopping, chipping, sawing, or otherwise damaging any timber or forest products on the managed lands, regardless of size, without prior written approval from BCDA.
(2) Any person or persons engaging in a timber trespass on the managed lands shall be required to pay the full administrative cost resulting from investigation of the encroachment and shall be subject to prosecution under the timber trespass laws of the State of Alabama.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-6 - APPROVABLE WATER USE FACILITIES AND RELATED IMPROVEMENTS › Section 160-X-6-.01 - Approvable Water Use Facilities And Improvements On Managed Lands

Current through Register Vol. 42, No. 9, June 28, 2024
This section defines water use facilities and other improvements permissible in the reservoir and on the BCDA managed shoreland. It establishes procedures for obtaining a BCDA water use facility permit and/or license for use of the shoreland. Commercial, public and semipublic recreation and industrial facilities require submission of application to TVA and the Corps of Engineers and are not covered in this section.
(1) Private Noncommercial Water Use Facilities: The following items may be constructed or installed in the reservoirs fronting managed lands that have been designated for reservoir operation. They require BCDA approval, issuance of a BCDA Water Use Facility permit, and payment of an annual fee. A BCDA Water Use Facility Permit authorizes construction, operation, and maintenance of specified facility at designated location on the shoreline and the right of walking access from adjoining private property to the water use facility. The applicant must (1) be the fee owner or owner of rights to property abutting the managed lands or be the owner of rights for use of the managed lands. All facilities and improvements must be constructed in a manner which does not block access by the general public to the reservoir waters or shoreline and maintained in good order and appearance. Access by the general public to the reservoir waters or the shoreline refers to pedestrian access and does not include vehicles.
All facilities shall be so constructed as to prevent their floating into the reservoir upon flooding and shall not contribute to undue erosion or deterioration of the shoreline.
(a) Piers or Docks. Fixed piers or docks shall not protrude more than 30 feet into the reservoir at normal summer pool level (See Table A). In cases of potential conflict with boating traffic or adjacent facilities, more restrictive requirements may be imposed.
1. The maximum width of a fixed pier or dock shall be 6 feet.
2. The deck of a fixed pier or dock must be at least 1 foot above summer pool level (See Table A).
3. Fixed piers and docks shall be located in front of the applicant's property and located and oriented as approved by BCDA.
4. Only one pier or dock may be constructed by the fee owner or owner of rights to property abutting the managed lands.
5. Owners of back lots with rights for use of the managed lands may construct individual piers or docks except where BCDA determines that sufficient shoreland is not available to accommodate such owners. Application for joint use will be considered at these limited access locations.
6. Piers or docks may have a single enclosed storage locker or no more than 25 square feet and maximum height of 3 feet.
7. Floating piers and docks are permissible only at public or commercial boat launching ramps and require TVA and Corps of Engineers approval.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-6 - APPROVABLE WATER USE FACILITIES AND RELATED IMPROVEMENTS › Section 160-X-6-.02 - Procedure For Obtaining Approval

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All facilities and permissible improvements must be approved by BCDA in writing prior to construction. The following steps will be taken to determine if the request can be approved:
(a) The applicant will submit detailed plans of the proposed construction to BCDA for review and approval.
(b) BCDA staff will determine whether the proposed improvement is consistent with BCDA development standards (160-X-6-.01).
(c) BCDA will coordinate the acceptable plans with TVA and/or the Corps of Engineers as appropriate.
(d) Upon approval of plans, the applicant shall then execute a water use facility permit and/or BCDA Land Use License and remit the annual fee prior to commencement of construction.
(e) Annual fees will be based upon BCDA's current rate schedule.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-6 - APPROVABLE WATER USE FACILITIES AND RELATED IMPROVEMENTS › Section 160-X-6-.03 - Approval Of Construction In The Tennessee River System And Regulation Of Structures

Current through Register Vol. 42, No. 9, June 28, 2024
Section 26a of the Tennessee Valley Authority Act, as amended, requires that plans to construct, operate or maintain any dam, appurtenant works, or other obstruction affecting navigation, flood control, on public lands or reservations ... across, along, or in the Tennessee River or any of its tributaries, be submitted to TVA for approval. The BCDA will assist applicants in determining when the Department of the Army and/or Coast Guard approval(s) is/are necessary.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-6 - APPROVABLE WATER USE FACILITIES AND RELATED IMPROVEMENTS › Section 160-X-6-.04 - Removal Of Unauthorized, Unsafe And Derelict Structures

Current through Register Vol. 42, No. 9, June 28, 2024
If, at any time, any permissible water use facility or improvement on managed land is not constructed in accordance with plans approved by BCDA, or is not kept in good state of repair and in good, safe, and substantial condition, and the owner or operator thereof fails to remit annual fee or to repair or remove such structure within time limit given by BCDA to do so, BCDA may cancel the permit and/or license and remove such structure, or cause it to be removed, from the Bear Creek reservoirs and/or lands in the custody or control of BCDA. Such written notice may be given by mailing a copy thereof to the owner's address as listed on the license and/or permit or by posting a copy on the structure or facility for a period of ninety (90) days. BCDA will remove or cause to be removed any such structure or facility anchored, installed, constructed, or moored without such permit and/or license, whether such permit and/or license has been obtained and subsequently cancelled, or whether it has been allowed to lapse by nonpayment or annual fees, or whether it has never been obtained.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-7 - AGRICULTURAL LAND USE LICENSES › Section 160-X-7-.01 - Agricultural Land Use Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
BCDA determines tracts of land to be made available for
				agricultural use, either row crop production or hay and pasture production.
				BCDA offers the lease for said lands on an annual basis by way of competitive
				bid unless, with the exception of any land that does not have public
				access.
(a) Lands are advertised as
			 extensively as practicable and are offered on a competitive bid basis by sealed
			 bid with scheduled public opening of bids.
(b) Awards are made on the basis of high bid
			 conforming to the conditions stated in the offering and the minimum acceptable
			 price established by BCDA.
(c)
			 Licenses are offered for a minimum period of one (1) year.
(d) Use of the land for agricultural purposes
			 shall not preclude reasonable public access to the property for recreation
			 purposes.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										33-15-1,
et seq
.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-8 - RULES AND REGULATIONS AT BCDA RECREATION AREAS › Section 160-X-8-.01 - Rules And Regulations At BCDA Recreation Areas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Camping is on a first-come, first-serve
			 basis, except in areas specifically designated by BCDA.
(2) Camping is permitted at designated
			 (numbered) sites only.
(3)
			 Check-out time 4:00 P. M.
(4)
			 Camping equipment must be completely removed from site upon
			 departure.
(5) Unattended camping
			 vehicles and equipment may not be left in area overnight. If they are, they may
			 be impounded.
(6) All persons using
			 camp area and their visitors, between ages 16-65, must have a BCDA PERMIT.
			 Visitors are not permitted after 10:00 P. M.
(7) Maximum occupancy per site: 8 people; 2
			 motor vehicles.
(8) Campground
			 gates are closed for security from 10:30 P. M. to 6:00 A. M. If you must leave
			 or return between these hours, please contact the Ranger.
(9) Fires shall be confined to fireplaces,
			 grills or other appropriate facilities (where provided).
(10) Lanterns must be hung on lantern posts.
			 Hanging lanterns on trees is not permitted.
(11) Do not cut, damage, pull up, or drive
			 nails into trees or shrubs.
(12)
			 Respect your "Camper" neighbors. Observe quiet hours from 11:00 P. M. to 7:00
			 A. M.
(13) Firearms, fireworks and
			 alcoholic beverages are prohibited.
(14) All pets must be on a leash, at all
			 times. They are not allowed on beaches or in buildings.
(15) The operation of any motor vehicle,
			 including off road vehicles, mini and trail bikes, and mopeds, within a
			 recreation area in such a manner as to disturb others is prohibited . Motorized
			 vehicles are not allowed off the roadway.
(16) Campers are responsible for maintaining
			 their site and leaving the site clean, by placing garbage and refuse in trash
			 cans.
(17) Only one camping unit
			 per site. "Doubling Up" is not allowed.
(18) All camping equipment (tents and RVs)
			 must be located within campsite. No tents will be allowed outside of impact
			 area.
(19) Drainage of water, soap,
			 grease or other waste product onto the ground or into anything other than an
			 approved holding tank is a violation of state law.
Author:
Statutory Authority
:
Code of Ala.
				  1975
, §§
										33-15-1,
				  et seq.
Alabama Administrative Code › Title 160 - ALABAMA BEAR CREEK DEVELOPMENT AUTHORITY › Chapter 160-X-9 - RATE SCHEDULE › Section 160-X-9-.01 - Rate Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
This section establishes the fees BCDA will charge for all
				users of improvements on/or abutting BCDA Managed Lands. The rate schedule is
				subject to annual review and revision by the BCDA Board of Directors.
(a)
Land Use License
- No Annual Fee for the uses of these properties as defined in Chapter
			 160-X-6-.01 of RULES AND REGULATIONS FOR USE AND DEVELOPMENT OF PROJECT LANDS will be
			 charged.
(b)
Agricultural Land License
1.
Row Crop
$ 25.00/ac/yr
2.
Pasture or Hay
$ 15.00/ac/yr
(c)
BCDA Permits
1.
Annual
$ 30.00
2.
Daily
$ 6.00
3.
Three Day
$ 10.00
(d)
Camp Fees
. The daily fee at each campground is based
			 on the sum of the following values of available features:
1.
Per Night
$ 20.00
2.
Monthly Rate Varies by Campground and Site:
Primitive Monthly
$100.00
Monthly with Electricity and Water
$200.00
$230.00
$300.00 and $450.00
(e)
			 Cabin Fees
1. The cabin rental fee for a
			 one-bedroom off-season is $85.00 per night and peak-season is $105.00 per
			 night. Cleaning fee is $20.00 per stay.
2. The cabin rental fee for a two-bedroom
			 off-season is $110.00 per night and peak-season is $140.00 per night. Cleaning
			 fee is $25.00 per stay.
Alabama Administrative Code › Title 165 - ALABAMA ATHLETIC COMMISSION › Chapter 165-X-1 - PROFESSIONAL BOXING › Section 165-X-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Applicant"
			 means any persons, corporations, organizations or associations required to be
			 licensed before promoting, holding, organizing, participating in, or competing
			 in a professional boxing match, contest, or exhibition.
(2) "Body jewelry" means any tangible object
			 affixed to, through, or around any portion of the contestant's body.
(3) "Federal Identification Card" means an
			 identification card issued by the commission pursuant to Chapter
			 165-X-1-.02 or any such card
			 issued by another boxing commission as required by Chapter
			 165-X-1-.02.
(4) "Official" unless otherwise indicated is
			 an exclusive term collectively meaning "judge," "referee," "timekeeper," and
			 "inspectors"
(5) "Sanctioning
			 Organization" means a national or international organization generally
			 recognized in the boxing community and which: ranks boxers within each weight
			 class; sanctions and approves championship matches in those weight classes; and
			 awards championship status and championship prizes (belts, rings, plaques,
			 etc.) to the winner of those matches.
(6) "Special Event" means a boxing card or
			 boxing show, which has among its contests a championship match, a pay-per-view
			 or subscription television match, a national televised match, or any other
			 match of significance to boxing in this state as designated by the
			 commission.
(7) "The Commission" is
			 reference for the Alabama Athletic Commission.
Authors:
J. Matt Bledsoe, Brandon Owens, Casey
				  C. Sears
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-1024.
Alabama Administrative Code › Title 165 - ALABAMA ATHLETIC COMMISSION › Chapter 165-X-1 - PROFESSIONAL BOXING › Section 165-X-1-.03 - Bonds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Promoter's
			 License Surety Bond.
(a) Before any
			 promoter's license is issued authorizing the promotion of professional boxing
			 matches in Alabama, the applicant shall make and deliver to the Commission a
			 security bond executed by a surety corporation authorized to transact business
			 in this state.
(b) Any and all bond
			 applications shall be on a form provided or approved by the Commission, and
			 shall be accompanied by an enforceable power of attorney. The Commission may
			 also require certificate of "good standing" issued by the Commissioner of
			 Insurance.
(c) If any company
			 issuing a bond shall be removed from doing business in this state, it shall be
			 the duty of the Commissioner of Insurance to notify the Alabama Athletic
			 Commission within 30 days.
(d) The
			 bond shall be in such amount as the commission may determine based upon the
			 payment of officials' fees, fees necessary to secure the proper medical
			 supervision of any professional boxing show in Alabama, and/or the estimated
			 potential damages, penalties, taxes or expenses resulting from promotional
			 activities contemplated in Alabama.
(e) Whenever the Commission shall determine
			 that a previously approved bond has for any cause become insufficient, the
			 Commission may require an additional bond or bonds to be given, conforming with
			 the requirements of these rules.
1. Unless
			 the additional promoter's license bond or bonds are given within the time fixed
			 by written demand therefore, or if the promoter's license bond of a licensee is
			 canceled, the license of such person shall be summarily suspended without
			 notice or hearing.
Alabama Administrative Code › Title 165 - ALABAMA ATHLETIC COMMISSION › Chapter 165-X-1 - PROFESSIONAL BOXING › Section 165-X-1-.04 - Medical Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Medical Examinations.
(a) Neurological
			 Examination.
1. All boxers intended to
			 compete in Alabama who have competed in over two-hundred (200) rounds during
			 their professional career, according to the number of rounds disclosed on such
			 boxer's official ring record, and prior to competing in Alabama, must submit to
			 the Commission the results of a detailed neurological examination performed
			 within the previous twelve (12) months by a board certified and state licensed
			 neurologist or Commission approved physician.
2. Such examination shall include a careful
			 examination for signs of any trauma-induced neurological damage along with any
			 other specific test or tests requested by the neurologist.
3. Any boxer not submitting said results
			 prior to the match may be allowed to compete provided however that such boxer's
			 license will, at the conclusion of the match, be medically suspended until such
			 time as his/her neurological examination requirement is fulfilled.
Alabama Administrative Code › Title 165 - ALABAMA ATHLETIC COMMISSION › Chapter 165-X-1 - PROFESSIONAL BOXING › Section 165-X-1-.05 - Conduct Of Promotions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 General Safety. It shall be the promoter's responsibility to ensure safety for
			 the Contestants, officials, media and fans and to comply with all safety
			 standards required by the Commission.
(a)
			 Arena Security. Arena security is the responsibility of the promoter and such
			 security measures provided by the promoter shall be sufficient to maintain
			 order. At a minimum, two (2) sworn off duty law enforcement officers shall be
			 retained for security.
(b) Obtain
			 Ring. The promoter will provide a ring for the show and that the ring or cage
			 must pass the certification requirements established by the
			 Commission.
(c) Extra Gloves. Each
			 promoter must have an extra set of gloves of the appropriate weight available
			 to be used in case a glove is broken or otherwise damaged during the course of
			 the contest or exhibition of boxing or mixed martial arts.
(d) Ring and Glove Certification. It is the
			 promoter's responsibility to ensure that the ring or cage and gloves selected
			 for use during each show meet the Commission's rules and regulations concerning
			 proper certification.
(e) Advanced
			 Advertising. In addition to the requirements in this Chapter, no contestant or
			 celebrity shall be advertised by any promoter before said promoter has in his
			 or her possession a written commitment from said contestant or celebrity and
			 before said promoter has filed a copy of such written commitment with the
			 Commission.
(f) Suggesting Benefits
			 for Charitable Organization. No promoter may advertise, hold out, or suggest in
			 any fashion that a portion of the proceeds of any proposed boxing or mixed
			 martial arts show will be donated to a charitable organization without first
			 complying with the Commission's rules governing "programs for charity."
(g) Main Event Start Time. The
			 final bout for all boxing or mixed martial arts events sanctioned by the
			 Alabama Athletic and Entertainment Commission shall start by 11:59 pm on the
			 date for which the event permit is approved.
Alabama Administrative Code › Title 165 - ALABAMA ATHLETIC COMMISSION › Chapter 165-X-1 - PROFESSIONAL BOXING › Section 165-X-1-.06 - Ring And Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 General Provisions.
(a) Any dimension in this
			 rule, where the unit of measurement is "inches," shall be considered only as a
			 general and approximate guideline. Where such dimension guidelines are
			 exceeded, the Commission appointed supervisor shall have the authority to allow
			 or disallow any such variance from the established guideline.