reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.07 - Historic Tax Credit Evaluating Committee

Current through Register Vol. 42, No. 9, June 28, 2024
A Committee, as established by the Act, shall review
				Qualifying Projects, approve credits for projects, and rank projects in the
				order in which the projects should receive tax credit reservations based on
				criteria established by the Commission.
Authors:
Chloe Mercer; Lee Anne Wofford; Clara
				  Nobles
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.08 - Members Of The Committee

Current through Register Vol. 42, No. 9, June 28, 2024
Members shall consist of the following: Director of the
				Governor's Office of Minority Affairs, Executive Director of the Alabama
				Historical Commission, Finance Director, Director of the Alabama Department of
				Economic and Community Affairs (ADECA), Secretary of Commerce, one Republican
				House member-appointed by Speaker of the House, one Democrat House
				Member-appointed by Speaker of the House, one Republican Senator-appointed by
				the President Pro Tempore, one Democrat Senator-appointed by the President Pro
				Tempore, and the Commissioner of Revenue (non-voting advisory
				member).
Authors:
Chloe Mercer; Lee Anne Wofford; Clara
				  Nobles
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.09 - Committee Review Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Tax Credit Evaluating Committee shall only review qualifying historic
			 rehabilitation tax credit projects recommended by the Commission. When the
			 Commission determines that Applications are Qualifying Projects, the Commission
			 shall recommend a list of Qualifying Projects to the Committee. The Committee
			 will approve credits for Projects and rank them in the order in which the
			 Projects should receive tax credit reservations for each applicable Application
			 Period. For the purpose of this Program, reservations will be 25% of the
			 Qualified Rehabilitation Expenditures as listed on the Applicant's Part B
			 Application. The Commission shall establish the criteria for the evaluating
			 Committee based on:
(a) the relative value of
			 the proposed project to the community;
(b) maintenance of the historic fabric of the
			 community;
(c) possible return on
			 investment for the community;
(d)
			 geographic distribution of projects;
(e) the likelihood of the project proceeding
			 without the state historic tax credit;
(f) strength of local support for the
			 proposed project;
(g) any
			 additional tax credits or state, federal, or local government grants the
			 applicant expects to utilize for the construction of the
			 project.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.10 - Criteria Descriptions

Current through Register Vol. 42, No. 9, June 28, 2024
The Committee shall rank the Qualifying Projects based on the
				established criteria for each Application Period. Projects shall be ranked in
				order by their total score.
(a)
			 Relative value of the proposed project to the community. Relative value is a
			 method of determining a Project's merit when considering the similar Projects
			 in the area.
0 to 14 points
(b) The maintenance of the historic fabric of
			 the community. The Project should retain its historic integrity after the
			 rehabilitation and complement and enhance other historic properties in the
			 area. Will buildings that are underutilized or not occupied be rehabilitated?
0 to 14 points
(c)
			 Possible return on investment for the community.
Does the Project address a specific community need? Will the
				Project lead to the development of public/private partnerships? Will the
				Project create economic growth in distressed areas?
0 to 16 points
(d) Geographic distribution of projects. For
			 each quarterly Evaluating Committee meeting, the Commission will develop a map
			 that plots the location of each Qualifying Project to be used by the Committee
			 to determine geographic diversity.
0 to 14 points
(e) What is the likelihood of the project
			 proceeding without the state historic tax credit?
0 to 14 points
(f) Strength of local support for the
			 proposed project. Has the Project received support from the local municipality,
			 county, legislative delegation, or community stakeholders?
0 to 14
			 points
(g) Public
			 Financing. Are there any additional tax credits or state, federal, or local
			 government grants the applicant expects to utilize for the construction of the
			 Project?
0 to 14 points
Authors:
Chloe Mercer; Lee Anne Wofford; Clara
				  Nobles
Statutory Authority:
Act 2017-380.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.11 - Disapproved Applications

Current through Register Vol. 42, No. 9, June 28, 2024
Any Application disapproved by the Committee or if the
				Application cannot receive an allocation due to the $200,000,000 cap, they
				shall be removed from the review process. A disapproved Application may be
				resubmitted, but shall be deemed to be a new submission and will be charged a
				new Application fee by the Commission.
Authors:
Chloe Mercer; Lee Anne Wofford; Clara
				  Nobles
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.13 - Records Custodian

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Historical Commission shall be custodian of the
				records of the Committee.
Authors:
Chloe Mercer; Lee Anne Wofford; Clara
				  Nobles
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.14 - Tax Credit Allocation Reservation

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Committee Ranking List of Qualifying Projects
. Once
			 the Historic Tax Credit Evaluating Committee reviews Qualifying Projects,
			 approves credits for Projects, and ranks Projects in the order in which
			 Projects should receive tax credit reservations based on established criteria,
			 the Commission will issue a Tax Credit Allocation Reservation in the amount
			 based on the estimated Qualified Rehabilitation Expenditures provided by the
			 Applicant on the Part B Application. Tax Credit Allocation Reservations will be
			 issued in the order in which the Committee has ranked Complete Applications and
			 Rehabilitation Plans for each Application Period. The Committee ranking list
			 will be maintained by the Commission on an Application Period by Application
			 Period basis, and a Qualifying Project approved by the Committee in an earlier
			 Application Period will receive a Tax Credit Allocation Reservation before a
			 Qualifying Project approved by the Committee in a subsequent Application Period
			 (regardless of such Project's score determined under Rule
			 460-X-25-.10). The only exception
			 to maintaining the Committee's ranking list on an Application Period basis is
			 when the Commission must allocate credits to certain Projects eligible for the
			 40% annual set-aside described in (4) below.
(2)
Commission
			 Tracking
. The Commission shall track the cumulative amount of Tax
			 Credit Allocation Reservations and will discontinue issuing Tax Credit
			 Allocation Reservations once the total has reached the Aggregate Tax Credit
			 Allocation Amount. When the Aggregate Tax Credit Allocation Amount has been
			 reached, no further Tax Credit Allocation Reservations will be made until:
1) additional amounts are returned through
			 the rescission of Tax Credit Allocation Reservations; or
2) a new Aggregate Tax Credit Allocation
			 Amount becomes available. If an Applicant has applied for a Tax Credit
			 Allocation Reservation that exceeds the remaining allocation available under
			 Aggregate Tax Credit Allocation Amount, the Commission shall issue a Tax Credit
			 Allocation Reservation in the amount of the available partial allocation (the
			 "Partial Allocation"), and the amount requested by the Application that exceeds
			 the Partial Allocation (the "Excess Allocation") shall remain in the first
			 position on the Committee's ranking list until additional amounts are
			 available, at which time the Commission shall issue a Tax Credit Allocation
			 Reservation in the amount of the Excess Allocation. In no event shall projects
			 be added to the ranking list after the $200,000,000 cap has been
			 reached.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.15 - Project Commencement And Completion

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applicants shall commence their plan of
			 work and shall have spent no less than twenty percent (20%) of the estimated
			 cost of rehabilitation within eighteen (18) months of the date of issuance of
			 written notice of a Tax Credit Allocation Reservation ("anniversary"). Within
			 36 months of the anniversary, the Applicant must have incurred an additional
			 fifty percent (50%) of the estimated cost of rehabilitation provided in the
			 Application. The Applicant must notify the Commission in writing no later than
			 thirty (30) calendar days after the eighteen (18) month anniversary that twenty
			 percent (20%) of the estimated cost of rehabilitation was expended and after
			 the thirty-six (36) month anniversary that seventy percent (70%) of the
			 estimated cost of rehabilitation was expended. Failure to so notify the
			 Commission will terminate the Project and the Tax Credit Allocation Reservation
			 will be rescinded. The Applicant may re-apply for the Program, but the
			 Application will be considered a new Application. Within sixty (60) months of
			 the anniversary, the project must be complete, and the Applicant must submit
			 the Part C Application as notification to the Commission that the project is
			 complete.
(2) A Project's
			 completion will be the date that it is placed in service in accordance with
			 this Program. The completion date must occur within sixty (60) months of the
			 Tax Credit Allocation Reservation, and progress reports of required expenditure
			 benchmarks must be provided to the Commission. The Applicant shall submit Part
			 C of the Application with the appropriate Cost and Expense Certification and
			 post-rehabilitation Appraisal within a reasonable time after completion.
			 Failure to do so may result in rescission of the Tax Credit Allocation
			 Reservation.
Authors:
Chloe Mercer; Lee Anne Wofford
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.16 - Taking the Tax Credit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 entire tax credit must be claimed by the taxpayer for the taxable year in which
			 the Certified Rehabilitation is placed in service. Where the taxes owed by the
			 taxpayer are less than the tax credit, the taxpayer shall be entitled to claim
			 a refund for the difference.
(2)
			 Recapture of any of the credit shall apply against the taxpayer who utilizes
			 the credit, and any required adjustments to basis due to recapture shall be
			 governed by Section 50 of the Internal Revenue Code.
(3) See the Department Administrative Code
			 for additional tax-related aspects of Act 2017-380 and Act 2021-431.
Authors:
Chloe Mercer; Lee Anne Wofford
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.17 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Applicants or their duly authorized representatives may appeal
				any state official decisions related to this Program in accordance with the
				Alabama Administrative Procedure Act contained in Chapter 22 of Title 41. This
				includes all reservations, approvals, and denials, made by the Commission,
				Committee, or the Department with regard to an Application and Rehabilitation
				Plan submitted under these regulations. Appeals are an administrative review
				and not an adjudicative proceeding. Appeals shall be heard by the body
				representing the decision being appealed. Appeals must be requested in writing
				by the Applicant or duly authorized representative within thirty (30) days of
				the receipt by the owner or the owner's duly authorized representative of the
				decision being appealed. Appeals shall be sent to Alabama Rehabilitation Tax
				Credit Program, Alabama Historical Commission, 468 South Perry Street,
				Montgomery, AL 36130-0900 (US Mail) or 36104 (Courier delivery). The Executive
				Director of the Commission, the Chair of the Committee, or the Commissioner of
				Revenue shall determine if a hearing is necessary, and if so the appeal will be
				scheduled within thirty (30) days of the request. The Executive Director of the
				Commission, the Chair of the Committee, or the Commissioner of Revenue will
				coordinate with the Applicant a date, time, and location that is mutually
				acceptable to both parties. The Applicant will have a reasonable opportunity to
				present information in support of its appeal. The Executive Director of the
				Commission, the Chair of the Committee, or the Commissioner of Revenue will
				then have fifteen (15) days to issue a decision in writing as to whether or not
				to grant the request made in the appeal.
Authors:
Chloe Mercer; Lee Anne Wofford
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.18 - Commission Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the year
			 in which the Certified Rehabilitation is placed into service for any Certified
			 Historic Structure for which a tax credit has been issued, the Commission shall
			 provide notice of the Certified Rehabilitation to the taxing authority
			 responsible for the assessment of ad valorem taxes, along with a copy of the
			 Appraisal provided by the Owner. Upon notification, the taxing authority
			 responsible for assessing ad valorem taxes shall complete a new assessment of
			 ad valorem taxes for the tax year in which the building is placed in
			 service.
(2) The Commission shall
			 report to the Legislature in the third year following passage of this Act, and
			 annually thereafter, on the overall economic activity, usage, and impact to the
			 state from the Substantial Rehabilitation of Qualified Structures for which tax
			 credits have been allowed. The information in the reports shall be consistent
			 with the information required by the Legislature pursuant to, and shall be
			 provided by the Commission to the Legislature in accordance with, Section
			 40-1-50,
Code of Ala.
			 1975
, and rules adopted thereunder. Information provided pursuant
			 to this section is exempt from the confidentiality provisions of Section
			 40-2A-10,
Code of Ala.
			 1975
.
Author:
Chloe Mercer; Lee Anne Wofford
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 460 - ALABAMA HISTORICAL COMMISSION › Chapter 460-X-25 - ALABAMA HISTORIC REHABILITATION TAX CREDIT › Section 460-X-25-.19 - Expiration Of The Tax Credits

Current through Register Vol. 42, No. 9, June 28, 2024
The Program shall expire on December 31, 2027. Projects that
				have received a Tax Credit Allocation Reservation on or before that date will
				still be eligible to receive tax credits as long as the Project meets all other
				requirements of the Program.
Authors:
Chloe Mercer; Lee Anne Wofford
Statutory Authority:
Act 2017-380; Act
				  2021-431.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Home Builders Licensure Board was created
				to regulate the home building, residential construction, and
				remodeling industries and to provide home building standards in the
				state of Alabama.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§ 34-14A-l,
et
seq
.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.02 - Officers

Current through Register Vol. 42, No. 9, June 28, 2024
The Board annually shall elect from its members a
				Chairman, Vice Chairman and Secretary/Treasurer. The Chairman shall
				exercise general supervision of the Board's affairs, shall preside at
				all meetings when present, shall appoint all committees, sign all
				vouchers or, on approval of the Board, may delegate this duty to the
				Executive Director, and shall perform all other duties pertaining to
				this office. The Vice Chairman, in the absence of the Chairman, shall
				perform all the duties of the Chairman. The Secretary/Treasurer, in
				the absence of the Chairman and Vice Chairman, shall perform all the
				duties of the Chairman.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Kathy Perry Brasfield, Jamie A. Durham, J. Seth
				  Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-4,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.04 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Within 30 days after the annual appointment of new members, the Board
			 shall meet for the purpose of organizing and transacting such
			 business as may properly come before it.
(2) The Board also shall meet at
			 least quarterly, and at such other times as the Chairman may
			 designate. A majority of the members of the Board also may call a
			 special meeting of the Board.
(3) Each member of the Board shall
			 be given at least ten days' notice of the time, place, and purpose of
			 any regular or special meeting, unless such notice is waived by the
			 individual member or unless such member is present at the called
			 meeting. The Executive Director shall cause such reasonable notice of
			 the meetings of the Board to be given to the media as shall be
			 appropriate under the circumstances.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Kathy Perry Brasfield, Jamie A. Durham, J. Seth
				  Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-4,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.05 - Voting

Current through Register Vol. 42, No. 9, June 28, 2024
All Board members, including the Chairman, are
				entitled to make or second motions. A majority of those members of
				the Board present and voting on any matter shall decide that matter
				before the Board, except that the Chairman of the Board or other
				Board member presiding as Chairman shall rule upon all questions of
				procedure and, in the event evidence is taken, on the admissibility
				of that evidence, consistent with the requirements of Section 13 of
				the Alabama Administrative Procedures Act. The Chairman shall not
				regularly vote as a member of the Board, except that in the event of
				a tie vote, the Chairman shall vote to break the tie.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.06 - Roster Of Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall publish, electronically or otherwise,
				by March 31 of each year a complete roster of all licenses issued and
				renewed for that calendar year. The board may provide mailing lists
				of licensees to only approved continuing education providers, who
				have signed an agreement restricting the use thereof to solely
				dissemination of approved continuing education course
				information.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Jamie A. Durham, J. Seth Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-9,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.07 - Applicability Of The Act

Current through Register Vol. 42, No. 9, June 28, 2024
The Act shall apply in all counties of the state and
				all residential home builders within the state shall be required to
				be licensed by the board annually.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§35-14A-6(7),
				  34-14A-11,
				  34-14A-16.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.08 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(i) The Board may issue declaratory
			 rulings to any person substantially affected by a rule with respect
			 to the validity of any rule, or with respect to the applicability to
			 any person, property, or state of facts of any rule or statute
			 enforceable by the Board, or with respect to the meaning and scope of
			 any order of the Board. Such ruling shall be issued provided:
(a) The petitioner shows that the
			 petitioner is substantially affected by the rule in
			 question,
(b) Sufficient
			 facts are supplied in the request to permit the Board to make a valid
			 determination, and
(c)
			 The request arises from an actual question or controversy.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-2 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 465-X-2-.09 - Advisory Opinion

Current through Register Vol. 42, No. 9, June 28, 2024
(i) The Board may, in its
			 discretion, issue an advisory opinion to any licensee, governmental
			 official, or entity substantially affected by a rule or statute
			 enforceable by the Board. Board advisory opinions may address, but
			 not necessarily be limited to, the applicability of such rule or
			 statute to the licensee, official, or entity or to a set of facts
			 hypothetically involving a licensee, official, or entity, or may
			 address the meaning and scope of any order of the Board.
(ii) A request for any advisory
			 opinion must be in writing and must specifically state that it is a
			 "request for an advisory opinion."
Authors:
David R. Boyd, Lois
				Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-11,
				  41-22-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.01 - Requirement For Licensing

Current through Register Vol. 42, No. 9, June 28, 2024
All residential home builders shall have and maintain
				a current license issued by the Board. A license is current only
				during the calendar year in which it is issued. Unless timely
				renewed, a license automatically shall expire at the end of the
				calendar year for which it was issued subject to the provisions of
Code of Ala. 1975
, §
								41-22-19.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Jamie A. Durham, J. Seth Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.02 - Filing

Current through Register Vol. 42, No. 9, June 28, 2024
License applications, annual license renewal
				applications, and all other applications or submissions required by
				these rules shall be deemed filed when received by the Executive
				Director. Applications filed at least 30 days before the next
				regularly scheduled Board meeting shall be considered before or at
				the time of that meeting; consideration of applications filed less
				than 30 days before such meeting maybe delayed until the time of the
				next subsequent meeting of the Board. The Executive Director may
				reject an application that is inaccurate, incomplete, not notarized,
				or for which all fees due have not been paid at the time the
				application is filed.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-7,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.03 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
The licensing requirements of the Act shall not apply
				to:
(1) Any employee of a
			 licensee who engages in the residential home building business solely
			 as the employee of that licensee and personally does not hold himself
			 or herself out for hire or engage in the business of residential home
			 building, including residential roofing;
(2) An authorized employee of the
			 United States, the state of Alabama, or any municipality, county, or
			 other political subdivision if the employee personally does not hold
			 himself or herself out for hire or otherwise engage in the business
			 of residential home building, including residential roofing, except
			 in accordance with his or her employment;
(3) General contractors who, on
			 January 1, 1992, held a valid general contractors license issued
			 under Chapter 8 of this title, and who continue to maintain that
			 license in good standing;
(4) Real estate licensees, licensed
			 engineers, and licensed architects operating within the scope of
			 their respective licenses on behalf of clients;
(5) Owners of property acting as
			 their own residential home builder including residential roofer and
			 providing all material supervision themselves in the building or
			 improvement of one-family or two-family residences on their own
			 property for their own occupancy or use, which residences are not
			 offered for sale to the public. For the purpose of the Act and these
			 rules:
(a) Owners of property shall
			 be deemed to have acted as their own residential home builder if they
			 do not hire or compensate anyone to engage in the business of
			 residential home building, including residential roofing, on their
			 residence; and
(b) The
			 exemption for owners of property applies only to the owner.
			 Residential home builders, including residential roofers, contracting
			 directly with the owner are not exempt from holding any license
			 required pursuant to the Act; and
(c) Proof of the sale or offering
			 for sale of such structure by the owner claiming the owner exemption
			 within one year after completion of same is presumptive evidence that
			 the construction was undertaken for the purpose of sale;
			 and
(d) The exemption for
			 owners of property is a nontransferable privilege. Attempts to
			 transfer this exemption by agency, power of attorney, or other legal
			 means is presumptive evidence that the claim of owner exemption is
			 not valid.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.05 - Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed 10-28-94).
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-7,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.07 - Renewal Of Lapsed Licenses. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward, Beth Acker
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.08 - Replacement Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall issue a replacement license, upon
				application, to a licensee who shows by notarized statement
				that:
(1) the licensee's
			 current license has been stolen, taken, lost, destroyed, defaced,
			 or
(2) the licensee's
			 name has been changed by marriage or court order, if the licensee is
			 an individual, or by changing the name of the sole proprietorship,
			 partnership, or corporation, if the license is issued in the name of
			 such an entity. Where such a name change occurs, the license issued
			 under the licensee's former name shall expire 60 days after the name
			 change occurs, unless within that 60-day period the licensee obtains
			 a replacement license bearing the licensee's correct name. When the
			 replacement license is issued to accommodate a name change, the
			 originally issued license must be returned to the Board as a
			 condition of the issuance of the new license.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-1,
				  34-14A-5,
				  34-14A-7,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.09 - Examinations

Current through Register Vol. 42, No. 9, June 28, 2024
In examining an applicant, the Board shall consider
				the applicant's experience, ability, character, business-related
				financial condition, ability and willingness to serve the public and
				to conserve the public's health and safety, and any other pertinent
				information needed for the Board to determine whether the applicant
				is qualified to receive a license as a residential home builder. The
				Board may rely on oral and written examinations (testing experience
				and ability, conducted either by the Board or a third party under
				contract with the Board), its review of the application and related
				materials filed by the applicant, any references or information
				regarding the applicant or its qualifying representatives, or any
				combination thereof in determining whether to issue a license. Any
				written examinations (testing experience and ability, conducted
				either by the Board or a third party under contract with the Board)
				required for a license as a residential home builder shall be given
				at least quarterly at a place or places designated by the Board. An
				applicant has three
(3)
			 years from the year he or she receives a passing score on any written
			 examination (testing experience and ability, conducted either by the
			 Board or a third party under contract with the Board) within which to
			 file a written application for license with the Board. At the
			 expiration of the three (3) year period, if an applicant has not
			 filed an application for and obtained a license, the applicant shall
			 be required to retake and receive a passing score on any written
			 examination (testing experience and ability, conducted either by the
			 Board or a third party under contract with the Board) before a
			 license will be issued.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward, Beth Acker
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14-7,
				  34-14-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.10 - Denial Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Grounds for Denial. The
			 following shall constitute grounds on which the Board may deny an
			 application for a license:
(a)
			 Applicant's failure to meet any requirement or standard established
			 by the Act or the rules adopted by the Board.
(b) False representations of facts
			 on an application for licensure or renewal thereof.
(c) Applicant's having another
			 person appear in the applicant's place for the licensing
			 exam.
(d) Applicant's
			 following a course of conduct that would be grounds for discipline
			 under the Act or the rules adopted by the Board.
(e) The revocation, suspension or
			 probationary status of the applicant's license in another
			 state.
(f) Disciplinary
			 action pending against the applicant in another state.
(g) Any other reasons authorized by
			 law.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.11 - Continuing Qualification (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
David R. Boyd, Lois
				  Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-7,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.12 - Continuing Qualification For Applicants In Counties Having Populations Of Less Than 30,000 (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §
										34-14A-5.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.13 - Continuing Qualification For Applicants In Washington County (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-6.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-3 - LICENSING › Section 465-X-3-.14 - Continuing Qualification For Applicants Holding A License With Limitation (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§34-14A-l,
				  34-14A-2,
				  34-14A-5,
				  34-14A-7,
				  34-14A-11
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-4 - FEES › Section 465-X-4-.01 - When Required; Failure For Timely Payment

Current through Register Vol. 42, No. 9, June 28, 2024
An application for a license, or any request for
				which a fee is required, must be accompanied by payment of the
				requisite fee in full, or else the application or request shall be
				denied.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-4 - FEES › Section 465-X-4-.02 - Method Of Payment, Time Of Payment

Current through Register Vol. 42, No. 9, June 28, 2024
Fees may be paid by a personal check, certified
				check, cashier's check, money order, or by electronic means using a
				credit or debit card. Fees are deemed paid when the funds represented
				by the check or money order actually are received by or made
				available Board's Executive Director.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Jamie A. Durham, J. Seth Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-4 - FEES › Section 465-X-4-.03 - Fees Not Refundable

Current through Register Vol. 42, No. 9, June 28, 2024
No fee or part of a fee paid by an applicant for a
				license, or any request for which a fee is required, shall be
				refunded as a result of the revocation or suspension of the
				applicant's license. In the event an applicant fails to complete the
				application process successfully or to take or pass the examination
				(testing experience and ability, conducted either by the Board or a
				third party under contract with the Board), or the Board refuses to
				issue a license to an applicant, any license fee or Homeowners'
				Recovery Fund fee submitted as part of the application process shall
				be refunded to the applicant upon receipt of a written request for
				refund from the applicant, submitted within three years of final
				board action on the application, except the nonrefundable application
				processing fee.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Beth Acker, Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-7,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-4 - FEES › Section 465-X-4-.05 - Additional Costs

Current through Register Vol. 42, No. 9, June 28, 2024
Applicants required to provide to the Board specified
				information from third parties [including without limitations, credit
				reports and examination results (testing experience and ability)]
				shall pay the cost of obtaining such information directly to the
				provider, provided; however, the cost of obtaining such information
				shall be payable to the Board and the Board shall reimburse the
				provider for such cost where the Board and the provider have a
				contract which provides for payment to be handled in this
				manner.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward, Beth Acker
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-4 - FEES › Section 465-X-4-.06 - Fee Adjustments

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may adjust fees as necessary to provide
				sufficient revenues to pay all salaries, costs, and expenses incurred
				by the board in enforcing this chapter and promoting public health,
				safety, welfare, and consumer protection.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Jamie A. Durham, J. Seth Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-5,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.01 - Violations Of The Act

Current through Register Vol. 42, No. 9, June 28, 2024
The municipal or county official charged with the
				responsibility of issuing building or similar permits shall report to
				the Executive Director the name and address of any person who, in the
				official's opinion, has violated the Act.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §
										34-14A-13.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.02 - Initiation Of Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may initiate such
			 action as it deems appropriate to investigate and determine
			 compliance by residential home builders and licensees with the
			 provisions of the Act and the rules of the Board.
(2) Unless the Board initiates
			 proceedings on its own motion, it shall take action only upon receipt
			 of a written, sworn consumer complaint filed by an original
			 homeowner, stating in detail the activities complained of and that
			 the party is alleged to have engaged in, and presenting the evidence
			 of when, where and how a violation occurred.
(3) An original homeowner
			 submitting a consumer complaint may be required to support it by
			 personal appearance before the Board. If, upon request by the Board,
			 such person refuses to support the consumer complaint by a personal
			 appearance, the Board, in its discretion, may choose to discontinue
			 its investigation of the consumer complaint or dismiss a pending
			 disciplinary action proceeding.
(4) An original homeowner
			 submitting a consumer complaint shall submit the consumer complaint
			 within six years of substantial completion of the construction, or
			 within six years of the date the original homeowner took possession
			 of the residence. Consumer complaints not submitted within six years
			 of substantial completion of construction of the residence, or within
			 six years of the date the original homeowner took possession of the
			 residence, shall not be investigated by the Board.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-8,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.03 - Complaint Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event a
			 consumer complaint is filed against a licensee, residential home builder,
			 residential roofer, or any other person within the Board's jurisdiction, or the
			 Board determines from other information that an investigation is necessary, the
			 procedure for investigation or complaint shall be as follows:
(a) Upon undertaking an investigation of a
			 licensee, the Board shall notify the licensee of the investigation and the
			 specific charges being investigated. The notice shall include the applicable
			 residential building code for investigation purposes.
1. An investigation initiated against a
			 licensee, residential home builder, residential rooter, or any other person
			 within the Board's jurisdiction, where the residential construction has
			 occurred in a local jurisdiction (county, municipality, or otherwise) with an
			 adopted building law or code, the Board shall apply the adopted building law or
			 code for determining probable cause if the licensee, residential home builder,
			 residential roofer, or any other person within the Board's jurisdiction has
			 violated the Act.
2. An
			 investigation initiated against a licensee, residential home builder,
			 residential roofer, or any other person within the Board's jurisdiction, where
			 the residential construction has occurred in a local jurisdiction (county,
			 municipality, or otherwise) that has not adopted a local building law or code,
			 the Board shall apply the 2015 International Residential Building Code {IRC),
			 to include but not limited to the Alabama Energy Code requirements as adopted
			 by the Alabama Energy and Residential Codes Board for determining probable
			 cause if the licensee, residential home builder, residential roofer, or any
			 other person within the Board's jurisdiction has violated the Act.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.04 - Informal Settlement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No action shall be taken to
			 effect an informal settlement of a controversy, either prior to or
			 during a contested case proceeding, without formal approval by the
			 Board of such action.
(2)
			 Informal settlement negotiations may be initiated by either party to
			 the controversy, provided that neither party is obligated to use
			 informal procedures.
(3)
			 If the Board approves participation in an informal settlement
			 procedure, it shall negotiate its settlement upon the terms it
			 believes to be in the best interest of the Board and the public, and
			 if the settlement is effectuated the terms of the settlement shall be
			 incorporated, by reference, in the official minutes of the Board.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-8,
				  34-14A-11,
				  41-22-12.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.05 - Prehearing Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prehearing discovery shall be
			 permitted, at the discretion of the Chairman or the hearing officer,
			 in order to prevent fraud, conserve the Board's time, prevent undue
			 surprise at the hearing, or otherwise to provide fundamental
			 fairness.
(2) The
			 attorney for the Board or the respondent may, upon application to the
			 Chairman or the hearing officer, obtain discovery regarding any
			 matter not privileged that is relevant to the subject matter involved
			 in the pending action, whether it relates to the charge of the Board
			 or the defense of the respondent.
(3) Methods of discovery.
(a) Upon written application to the
			 Chairman or the hearing officer, the following discovery may be
			 allowed or ordered:
1. Deposition
			 upon oral examination of any expert witnesses.
2. Interrogatories to
			 respondent.
3. Order for
			 production and copying of documents and things and entry upon land
			 for inspection and other purposes, against any person.