reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 340 - ALABAMA ETHICS COMMISSION › Chapter 340-X-5 - NOTIFICATION OF CONTRACT WITH THE STATE OR ANY OF ITS AGENCIES (REPEALED) › Section 340-X-5-.03 - Filing Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										36-25-11, 36-25-13, 36-25-16.
Alabama Administrative Code › Title 340 - ALABAMA ETHICS COMMISSION › Chapter 340-X-5 - NOTIFICATION OF CONTRACT WITH THE STATE OR ANY OF ITS AGENCIES (REPEALED) › Section 340-X-5-.04 - Items To Be Completed

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										36-25-11, 36-25-13, 36-25-16.
Alabama Administrative Code › Title 340 - ALABAMA ETHICS COMMISSION › Chapter 340-X-6 - REQUEST FOR ACCESS TO COMMISSION RECORDS (REPEALED) › Section 340-X-6-.01 - Request For Access To Commission Records

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										36-25-4(5).
Alabama Administrative Code › Title 340 - ALABAMA ETHICS COMMISSION › Chapter 340-X-6 - REQUEST FOR ACCESS TO COMMISSION RECORDS (REPEALED) › Section 340-X-6-.02 - Availability Of Commission Records

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										36-25-4(5).
Alabama Administrative Code › Title 345 - ALABAMA ETHICS COMMISSION › Chapter 345-X-1 - ALABAMA FAMILY TRUST BOARD OF TRUSTEES REGULATIONS › Section 345-X-1-.01 - Description Of Alabama Family Trust Board Of Trustees

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The mission of the Alabama Family Trust
			 ("AFT") Board of Trustees (the "Board") is to engage, enhance, and foster the
			 provision of medical, social, or other supplemental services for persons with a
			 mental or physical impairment.
(b)
			 Contact Information: To obtain information or to make submissions or request,
			 contact Alabama Family Trust Board of Trustees, 2820 Columbiana Road, Suite
			 103, Vestavia, Alabama 35216; Website:
www.alabamafamilytrust.com
; Telephone:
			 1(205) 313-3915 or Toll Free 1(844) 238-4630.
Author:
Alabama Family Trust Board of
				  Trustees
Statutory Authority:
Code of Ala.
				  1975
, § 38-9 B-1(b).
Alabama Administrative Code › Title 345 - ALABAMA ETHICS COMMISSION › Chapter 345-X-1 - ALABAMA FAMILY TRUST BOARD OF TRUSTEES REGULATIONS › Section 345-X-1-.02 - Membership

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The Board shall
			 consist of eleven members and shall be appointed by the Governor of Alabama,
			 Presiding Officer of the Senate of Alabama, and the Speaker of the Alabama
			 House of Representatives. Membership shall be inclusive and reflect the racial,
			 gender, geographic, urban/rural, and economic diversity of the state.
(b) Trustees shall serve until their
			 successors are appointed and confirmed by the Senate.
(c) Trustees shall be persons who are not
			 employed by the Alabama Department of Mental Health (the
			 "Department)".
Author:
Alabama Family Trust Board of
				  Trustees
Statutory Authority:
Code of Ala.
				  1975
, § 38-9 B-4.
Alabama Administrative Code › Title 345 - ALABAMA ETHICS COMMISSION › Chapter 345-X-1 - ALABAMA FAMILY TRUST BOARD OF TRUSTEES REGULATIONS › Section 345-X-1-.03 - Duty Of Board Of Trustees

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall administer the AFT Trust and the AFT Charitable
				Trust through the AFT Corporation. The Board and the AFT Corporation shall take
				all steps necessary to satisfy all federal and state laws to ensure that the
				AFT Trust and the AFT Charitable Trust are qualified to supplement the
				provision of government entitlement funding and, where necessary, are qualified
				as tax exempt entities under the United States Internal Revenue
				Code.
Author:
Alabama Family Trust Board of
				  Trustees
Statutory Authority:
Code of Ala.
				  1975
, § 38-9 B-4(d).
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama Farmers Market Authority serves to promote the sale of Alabama-grown farm products by giving local farmers the chance to sell food they raise directly to consumers and allowing consumers to buy fresh food from the farmers who raise it. The Farmers Market Authority accomplishes this purpose by providing local farmers markets the opportunity to become Certified State Farmers Markets, thus giving consumers confidence that they are buying only fresh, locally raised produce.
(2) The "Alabama Certified Farmers Market Program" is created to promote and identify a market place for Alabama grown fruits, vegetables, plants, and other products made and/or processed in Alabama.
(3) The primary objectives of an "Alabama Certified Farmers Market" is to offer a diverse product selection, attract a large and repeating customer base, and afford farmers a profitable location to sell produce and other goods.
(4) Factors that define the term "Farmers Market" and distinguish farmers markets from road-side stands, grocery stores and from other types of food marketing outlets, include: farmers selling produce and food items they grow and produce to individual customers at a temporary or permanent location, often located on public property, such as a common public area or parking lot on a periodic basis, typically once or twice a week for a set period of time, usually 3 or 4 hours. This happens during the local growing season, usually 5 or 6 months.
(5) Depending on the farmers markets, a wide variety of products are available. Poultry, pork, fish, shellfish, lamb, beef, eggs, milk, cream, ice cream, butter, cheese, honey, syrup, jams, jellies, sauces, mushrooms, flowers, breads, and pastries are some examples of vendor produced products sold at farmers markets in addition to fruits and vegetables.
Authors:
Don Wambles, J. Matt Bledsoe
Statutory Authority:
Code of Ala. 1975
, §§
										2-5-1, 2-5-5, 2-5-7.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.03 - Producer Certification Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any producer that that wants to become a Certified Producer must first obtain a producers/growers permit from the Alabama Cooperative Extension System Office located in the county where he/she produces certifiable agricultural products. A copy of the permit must be submitted to and accepted by the Authority before the producer is certified.
(2) Upon receipt and approval of the producers permit, the Authority shall certify the producer and issue to the Certified Producer a certificate signed by the Director of the Authority. The Authority shall maintain a copy of the certificate at its office.
(3) Any certified producer shall provide, upon request by an enforcement officer or market manager, certificates, documentation, identification or any other information that may be reasonably required to show that a Certified Producer is acting in accordance with the Authorities rules and regulations.
(4) Certified Producers who intend to sell at more than one Certified Farmers Market do not need to apply for a second Producer Certificate. However, a copy of the Producer's Certificate should be kept at each market where the certified producer sells agricultural goods.
Authors:
Don Wambles, J. Matt Bledsoe
Statutory Authority:
Code of Ala. 1975
, §
										2-5-10.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.05 - Criteria And Rules For A Certified Farmers Market

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General Criteria for an Alabama Certified Farmers Market
(a) "Alabama Certified Farmers Market" means a place, structure or building that is used by two or more Alabama Certified Producers for the direct sale of their own on-farm produce and/or food products to consumers, and where sales of these farm products represent the core business of the market.
1. A grower/producer is a person(s) that grows or produces agricultural products. At least 80% of the agricultural product grown and offered for sale must be produced by the grower/producer or under the grower/producer's direction. The grower must verify in writing with the market manager and the Farmers Market Authority the name, location and contact information from whom the other 20% of locally grown products brought to market originate if this is permissible and clearly defined in the market's rules.
2. A grower or grower representative must be present during market hours when his/her products are offered for purchase.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.06 - Issuance Of Certificates

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Authority shall issue a Certified Farmers Market certificate upon review of application and determination that the applicant meets the requirements to operate a Certified Farmers Market.
(2) The Authority shall issue a Certified Producer's certificate after receipt of a $10.00 processing fee, upon review of application and determination that the applicant meets the requirements of a certified producer.
(3) A Certified Farmers Market certificate shall be valid until December 31st of the 2nd year in which the certificate is issued.
(4) A Certified Producer's certificate shall be valid until December 31st of the year in which the certificate is issued.
Authors:
Don Wambles, J. Matt Bledsoe
Statutory Authority:
Code of Ala., 1975
, §
										2-5-10.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.07 - Fee Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
Certified Producer's Certificate......................... $10.00
Fine ......................................up to $1,000
Authors:
Don Wambles, J. Matt Bledsoe
Statutory Authority:
Code of Ala., 1975
, §§
										2-5-8, 2-5-10.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.08 - Compliance Requirements For The Operator Of A Certified Farmers Market

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The operator of a Certified Farmers Market shall ensure that each person participating in the sale of agricultural products in the area designated as a Certified Farmers Market:
(a) Is a Certified Producer, or grower representative.
(b) Sells only certified agricultural products.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.09 - Applicability Of Rules And Regulations Regarding Farmers Market Nutrition Programs

Current through Register Vol. 42, No. 9, June 28, 2024
No provision in this Chapter shall be construed to in any way invalidate, supersede, or otherwise impair the applicability of the rules and regulations regarding either the Senior Farmers Market Nutrition Program or the WIC Farmers Market Nutrition Program.
Authors:
Don Wambles, J. Matt Bledsoe
Statutory Authority:
Code of Ala., 1975
, §
										2-5-10.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.10 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All Certified Producers and Certified Farmers Markets are required to adhere to the rules and regulations of the Authority. The Authority may discipline the following for violating the Authority's rules and regulations:
(a) The Certified Farmers Market; or
(b) The Certified Producer; or
(c) A family member, employee, or another Certified Producer acting on behalf of the Certified Producer; or
(d) Any other person whose actions may have resulted in the violation.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Section 350-X-1-.11 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may appeal to the Authority for a hearing to challenge any of the following actions:
(a) Denial of any certificate.
(b) Revocation of any certificate.
(c) Suspension of participation privileges.
(d) Fines levied against a certificate holder.
(e) In all cases, the appeal must be submitted to the Director in writing within 30 days of the date the action or decision was made. The hearing will be held in front of not less than a quorum of current members of the Farmers Market Authority, and the appealing party will be notified in writing of the date and time of the hearing. The members of the Authority hearing the case will issue a final decision as to the particular issue in dispute in writing, to be mailed to the appealing party no later than thirty (30) days after the appeal is heard.
(f) Appellant bears all costs of the appeal.
Alabama Administrative Code › Title 350 - ALABAMA FARMERS MARKET AUTHORITY › Chapter 350-X-1 - CERTIFICATION OF STATE FARMERS MARKETS › Appendix A - Form

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view image
Click to view image
Authors:
Don Wambles, J. Matt Bledsoe
Statutory Authority:
Code of Ala., 1975
, §
										2-5-10.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-1-1 - ORGANIZATION › Section 355-1-1-.01 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) DIRECTOR'S
			 OFFICE. The Department of Finance provides administrative services to other
			 state agencies. The department was created to manage and control all matters
			 pertaining to fiscal affairs, except those specifically assigned to other
			 agencies. It also has duties relating to the acquisition and control of
			 property and supplies. Its programs are: to manage, supervise and control all
			 matters pertaining to the fiscal affairs and fiscal procedures of the state
			 except those assigned to other agencies by law; to keep records, accounts and
			 other appropriate data; to manage, supervise and control the insurance and
			 state surety insurance funds; to make an annual financial report of the
			 state.
(2) DIVISION OF BUDGET. The
			 functions and duties of the Division of Budget are as follows:
(a) To prepare and administer the budget, and
			 direct the execution thereof.
(b)
			 To assist in preparing a detailed, tentative budget for every department,
			 board, bureau, commission, agency, office and institution of the state,
			 including those which employ special or earmarked funds, and all earmarked and
			 special funds shall be included in the regular budget of each such department,
			 board, bureau, commission, agency, office or institution.
(c) To make all budget allotments.
(d) To administer, enforce and supervise the
			 execution of the budget, including the enforcement of penalties for the
			 violation of any law, rule or regulation with respect thereto.
(e) To perform all acts and duties required
			 with respect to the budget by the provisions of this article.
(f) To furnish all information for and assist
			 in the preparation of the general revenue bill and all appropriation
			 bills.
(g) To prepare and make such
			 comparisons, studies and reports as may be helpful in the preparation or
			 execution of the budget or the making of budget allotments or as may be
			 required from time to time by the Director of Finance or the
			 Governor.
(h) To secure such
			 information and data from any department, board, bureau, commission, agency,
			 office or institution of the state or any officer or employee thereof as may be
			 needed or considered helpful in the preparation of the budget or any report,
			 study, comparison or other assignment of the Division of Budget.
(i) To perform such other functions and
			 duties of the Department of Finance as may from time to time be assigned by the
			 Director of Finance.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-1-17 - Alabama Home Inspectors Registration Program

Current through Register Vol. 42, No. 9, June 28, 2024
The adopted
			 version of this section by
			 Alabama
			 Administrative Monthly Volume XXXVII, Issue No. 11, August 30,
			 2019, file. 7/31/2019 is not
			 yet available.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.01 - Repeal

Current through Register Vol. 42, No. 9, June 28, 2024
All previously existing rules for the Consent for sale or
				Issuance of Certain Authorities by Electric Membership Cooperatives are
				repealed and replaced in their entirety by this chapter.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.02 - Scope And Application Of Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
The rules and regulations in this chapter are prescribed for
				carrying into effect
Code of Ala. 1975
, §
								41-4-16,
				as amended, which provides that no bonds or other evidence of indebtedness of
				any commission or authority created to construct or reconstruct highway
				bridges, approaches and appurtenances thereto, any housing authority, any state
				rural electrification authority, any electric membership corporation, any power
				district or any improvement authority shall be issued or sold until the consent
				to the issuance and sale thereof shall have been given by the Department of
				Finance. The consent of the Department of Finance is to be evidenced by the
				written approval of the Director of Finance. The provisions of this chapter do
				not apply to any bonds or other evidence of indebtedness issued by any
				municipality, or any agencies, bureaus or commission thereof.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this chapter, except where the context clearly
				indicates otherwise, or where the term is defined elsewhere in this chapter,
				the following definitions shall apply:
(a) Debt means bonds or other evidence of
			 indebtedness.
(b) Department means
			 the Department of Finance.
(c)
			 Petitioner means any commission or authority created to construct or
			 reconstruct highway bridges, approaches and appurtenances thereto, any housing
			 authority, any state rural electrification authority, any electric membership
			 corporation, any power district or any improvement authority.
(d) Project means the plan or program of the
			 petitioner and the uses to which the petitioner proposes to put the proceeds of
			 the debt.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.04 - Organization And Operation

Current through Register Vol. 42, No. 9, June 28, 2024
The General Counsel of the Department or his or her designee
				shall serve as the hearing officer to conduct all hearings under this chapter.
				All petitions, correspondence, requests for information and any other
				submissions made pursuant to this chapter should be made to the General Counsel
				of the Department as follows:
Legal Division
Department of Finance
Alabama State Capitol
Montgomery, AL 36130
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.05 - Questions Of Procedure And Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
The hearing officer shall, in accordance with these rules, and
				except as otherwise provided in these rules, rule upon all questions of
				procedure and, in the event that evidence is taken, on the admissibility of the
				evidence. The decision of the hearing officer shall be final.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.06 - Petitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Filing of
			 Petitions. The hearing procedure is initiated by filing a petition with the
			 Legal Division of the Department.
(2) Contents of Petitions. To the extent
			 applicable to the project, all petitions shall contain or be accompanied by the
			 following information:
(a) A specific
			 reference to the status or law which authorized the proposed project and the
			 sale or issuance of debt.
(b) A
			 copy of the charter provision of the Petitioner, certified by the secretary of
			 the Petitioner, which authorizes the project and the sale or issuance of the
			 debt.
(c) A resolution, duly
			 certified, or the Petitioner's governing body or board of directors,
			 authorizing the project, together with a resolution authorizing the petition to
			 be made to the Department of Finance.
(d) A map or description which clearly shows
			 the extent and location of the project.
(e) A detailed estimate of the cost of the
			 proposed project.
(f) A detailed
			 estimate of annual revenues, expenses and debt services arising out of the
			 proposed project.
(g) A statement
			 of the prospective source of water, gas or power supply.
(h) A statement regarding the engineering
			 feasibility of the project signed by a licensed engineer.
(i) A detailed income and expense statement
			 of the Petitioner for the last two years.
(j) All schedules of rates proposed to be put
			 into effect for services rendered the public by the proposed project, if such
			 rates in the first year after completion of the project are expected to be
			 different from Petitioner's present rates or Petitioner's general rates than
			 expected to be in effect.
Author:
Department of Finance
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.07 - Instructions For Electric Membership Corporations And Electric Cooperatives

Current through Register Vol. 42, No. 9, June 28, 2024
Instructions for petitions filed by electric membership
				corporations and electric cooperatives are found in Appendix A of these rules
				and are a part of this rule. Petitions filed by Electric Membership
				Corporations and Electric Cooperatives pursuant to appendix A shall contain the
				information prescribed in appendix A to the extent applicable to the
				project.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.08 - Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
After a petition is filed, the Petitioner shall prepare for
				approval by the hearing officer a notice of the time and place of the hearing
				on the petition. The Petitioner must cause the notice of the hearing to be
				published at its own expense in one newspaper published or circulated in each
				of the counties in which the Petitioner does business. On the date of the
				hearing, the Petitioner shall deliver to the Department of Finance proof of
				publication from each newspaper in which the notice of the hearing was
				published. The proof of publication of the notice shall be a sworn statement
				setting out the notice and stating that it was published one time at least five
				(5) days prior to the date of the hearing.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.09 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
All hearings shall be open to the public. Opportunity shall be
				afforded to all persons attending the hearing to present evidence and argument
				in favor of or in opposition to the petition. The hearing officer shall
				determine if the proceedings at the public hearing shall be transcribed by a
				court reporter. If so, it shall be the responsibility of other Petitioner to
				retain the services of a qualified court reporter for said hearing and to pay
				the appearance fee or other fees and costs charged by the court reporter. The
				cost of the copies of the transcript shall be paid by the person or entity
				requesting the copy from the court reporter. The burden shall be on the
				Petitioner to prove its petition to the satisfaction of the Department.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-2-1 - CONSENT FOR SALE OR ISSUANCE OF CERTAIN AUTHORITIES BY ELECTRIC MEMBERSHIP COOPERATIVES › Section 355-2-1-.10 - Final Order

Current through Register Vol. 42, No. 9, June 28, 2024
Following the hearing on the petition, the hearing officer may
				request that the Petitioner prepare a proposed order for consideration by the
				Director of Finance. The proposed order shall either grant or deny the petition
				and may address any other matters deemed relevant by the Department. The
				Department shall grant its consent to the issuance or sale as requested in the
				petition upon its finding that such issuance or sale serves some public need
				and its in the public interest.
Author:
Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-16,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-3-1 - [Repealed] › Section 355-3-1-.01 - Purchase Of Insurance

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-15-9,
				  41-15-2.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-3-1 - [Repealed] › Section 355-3-1-.02 - Factors Considered

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, § 41-15-21.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-3-1 - [Repealed] › Section 355-3-1-.03 - Waiver

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-15-2.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-1 - DIVISION OF PURCHASING › Section 355-4-1-.01 - Repeal Of Previous Rules

Current through Register Vol. 42, No. 9, June 28, 2024
All previously existing rules for the Division of Purchasing
				are repealed and replaced in their entirety by this chapter.
Author:
Alabama Department of Finance
Authority:
Code of Ala.
				1975
, §
								41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-1 - DIVISION OF PURCHASING › Section 355-4-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this chapter, except where the document clearly
				indicates otherwise, or where the termis defined elsewhere in this chapter, the
				following definitionsshall apply:
(a)
Awarding Authority
refers to the Department ofFinance,
			 Division of Purchasing.
(b)
Division of Purchasing
refers to the Department
			 ofFinance, Division of Purchasing.
(c)
Term Contract
means an open-end contract for aspecified term, against which the Division of
			 Purchasing mayissue purchase orders for the goods or services specified by the
			 contract.
(d)
Purchase
means the acquiring of any goods orservices
			 by the state.
(e)
Contract
means a document or documents stating
			 theterms and conditions for acquiring goods or services. In theevent of a
			 purchase-by-purchase order, the contract shall bedeemed to include the purchase
			 order, the Invitation to Bid, andthe bid of the successful bidder.
(f)
Invitation to
			 Bid
(ITB) means a solicitation inwriting for goods and/or services
			 requiring all bids to be sealedwhen received and to be opened in public.
(g)
Bid
means any response submitted by a bidder inresponse to an ITB.
(h)
Notice of Award
means a document accepting a bidmade by a bidder.
(i)
Substitution
is
			 defined as an item that materiallyconforms to the specifications but is
			 technically different fromthe item specified.
(j)
"As written" or "In
			 writing"
or other references to writings, notices, correspondence
			 or documents may includee-mail or other electronic communication if such form
			 ofcommunication is approved by the Director of Purchasing.
(k)
Notice of Intent to
			 Award
is an electronic posting on the Purchasing Division website
			 evidencing the intent of theawarding authority to accept a bid and to award a
			 contract at theexpiration of five calendar days.
(l)
Evaluation
			 Period
is the time after bid opening and before the issuance of a
			 "Notice of Intent to Award" duringwhich time a bid is examined and reviewed for
			 compliance withmandatory specifications and terms and conditions for the good
			 orservice being procured.
(m)
Bid Subscription Organization
is any organization,
			 corporation, partnership or other business entity that maintainsa government
			 procurement and bid database and that providesinformation and leads about
			 government bids to subscribers for a fee.
This rule was previously Rule No.
				  355-4-1-.01 (sametitle) as per certification filed November 15, 2001; effective December
				  20, 2001.
Author:
Alabama Department of Finance
Authority:
Code of Ala.
				  1975
, §
										41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-1 - DIVISION OF PURCHASING › Section 355-4-1-.06 - No Bid Response To ITB (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
This rule was previously Rule No.
				  355-4-1-.07 (same title) as per certification filed November 15, 2001; effective December
				  20, 2001.
Author:
Alabama Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-1 - DIVISION OF PURCHASING › Section 355-4-1-.07 - State of Alabama Purchasing/Credit Card Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Division of Purchasing will establish
			 a Purchasing/Credit Card program through a competitive solicitation process.
			 The resulting contract or contracts will be for a period not to exceed the
			 maximum term set out in Section
			 41-16-27(e) of the
Code of Ala. 1975
.
Rules
				  355-4-1-.05, Request
				  for Quotation - General Terms and Conditions; 335-4-1-.06, Invitation to Bid
				  (ITB) - General Terms and Conditions; 355-4-1-.08, Awards; 355-4-1-.09;
				  Transition Period, were repealed as per certification filed November 15, 2002;
				  effective December 20, 2001. The remaining rules were renumbered accordingly.
				  Repealed rules are listed below including
				  history:
Author:
Alabama Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-35,
				  41-4-110(c).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-2 - PURCHASING CARD; DELEGATION › Section 355-4-2-.01 - State Of Alabama Purchasing/Credit Card Program

Current through Register Vol. 42, No. 9, June 28, 2024
The Office of the Chief Procurement Officer will establish a
				Purchasing/Credit Card program through a competitive solicitation process. The
				resulting contract or contracts will be on such terms and conditions as
				determined by the Chief Procurement Officer to be in the best interests of the
				State.
Author:
Department of Finance, Legal
				  Division
Authority:
Code of Ala.
				  1975
, §§
										41-4-35,
				  41-4-110(c).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-2 - PURCHASING CARD; DELEGATION › Section 355-4-2-.02 - Delegation Of Authority By The Chief Procurement Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Authority
			 to Delegate.
(a) Rule of Interpretation.
			 Authority may not be delegated by the Chief Procurement Officer or by the head
			 of a Purchasing Agency unless so provided in the State Procurement Code or
			 these Rules.
(b) General. Except as
			 otherwise provided in these Rules, any authority conferred on the Chief
			 Procurement Officer by the State Procurement Code may be delegated by that
			 officer to any employee in any Governmental Body; and any authority conferred
			 on the head of a Purchasing Agency by the State Procurement Code may be
			 delegated by that officer to any employee in that Purchasing Agency. Such
			 delegations shall remain in effect unless modified or until revoked in
			 writing.
(c) Statutory Exceptions
			 to Delegation. The authority conferred on the Chief Procurement Officer or the
			 head of a Purchasing Agency in the following Sections of the State Procurement
			 Code shall not be delegated:
1.
Code of Ala. 1975
, §
										41-4-155(c) (Contract Clauses and Their Administration, Modification of Clauses);
2.
Code of Ala.
			 1975
, §
										41-4-161(f) (Authority to Resolve Protested Solicitations and Awards, Stay of Procurements
			 During Protests); and
3.
Code of Ala. 1975
, §
										41-4-162(a) (Authority to Debar or Suspend, Authority).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.01 - Definitions Of Terms Used In Chapter 3

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Definitions.
(a) Capability, as used in Code
			 of Ala. 1975, §
									41-4-130(7) (Definitions, Responsible Bidder or Offeror) of the State Procurement Code,
			 means, for the purpose of these Rules, capability at the time of award of the
			 contract.
(b) Discussions, as used
			 in the source selection process, means an exchange of information or other
			 manner of negotiation during which the offeror and the State may alter or
			 otherwise change the conditions, terms, and price of the proposed contract.
			 Discussions may be conducted in connection with competitive sealed proposals,
			 sole source, and emergency procurement; discussions are not permissible in
			 competitive sealed bidding (except to the extent permissible in the first phase
			 of multi-step sealed bidding).
(c)
			 Invitation to Bid means all documents, whether attached or incorporated by
			 reference, utilized for soliciting bids. A request for bid or RFB is an
			 Invitation to Bid.
(d)
			 Prequalification for Inclusion on Bidders Lists means determining in accordance
			 with Rule 355-4-3-.10 that a prospective bidder or offeror satisfies the
			 criteria established for being included on the bidders list.
(e) Solicitation means an Invitation for
			 Bids, a Request for Proposals, a request for quotations, or any other document
			 issued by the State for the purpose of soliciting bids or proposals to perform
			 a State contract.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.02 - Competitive Sealed Bidding

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Invitation for Bids.
(a) Use. The Invitation
			 for Bids is used to initiate a competitive sealed bid procurement.
(b) Content. At a minimum, the Invitation for
			 Bids shall include the following:
1.
			 instructions and information to bidders concerning the bid submission
			 requirements, including the time and date set for receipt of bids, the address
			 of the office to which bids are to be delivered, the maximum time for bid
			 acceptance by the State, and any other information relevant to bid
			 submission;
2. the purchase
			 description, delivery or performance schedule, and such inspection and
			 acceptance requirements as are not included in the purchase description;
			 and
3. the contract terms and
			 conditions, including warranty and bonding or other security requirements, as
			 applicable.
(c)
			 Incorporation by Reference. The Invitation for Bids may incorporate documents
			 by reference provided that the Invitation for Bids specifies where such
			 documents can be obtained.
(d)
			 Acknowledgement of Amendments. The Invitation for Bids shall require the
			 acknowledgement of the receipt of all amendments issued.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.03 - Competitive Sealed Proposals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Use of
			 Competitive Sealed Proposals.
(a) When
			 Competitive Sealed Bidding is Not Practicable. Competitive sealed bidding is
			 not practicable unless the nature of the procurement permits award to a low
			 bidder who agrees by its bid to perform without condition or reservation in
			 accordance with the purchase description, delivery or performance schedule, and
			 all other terms and conditions of the Invitation for Bids. Factors to be
			 considered in determining whether competitive sealed bidding is not practicable
			 include:
1. whether the contract needs to be
			 other than a fixed-price type;
2.
			 whether oral or written discussions may need to be conducted with offerors
			 concerning technical and price aspects of their proposals;
3. whether offerors may need to be afforded
			 the opportunity to revise their proposals, including price;
4. whether award may need to be based upon a
			 comparative evaluation as stated in the Request for Proposals of differing
			 price, quality, and contractual factors in order to determine the most
			 advantageous offering to the State. Quality factors include technical and
			 performance capability and the content of the technical proposal; and
5. whether the primary consideration in
			 determining award may not be price.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.04 - Qualification-Based Selection

Current through Register Vol. 42, No. 9, June 28, 2024
Professional services of architects, landscape architects,
				engineers, land surveyors, geoscience, and other similar professionals shall be
				procured in accordance with competitive, qualification-based selection policies
				and procedures. Selection shall be based on factors to be developed by the
				procuring state entity which may include, among others, the following:
(a) Specialized expertise, capabilities, and
			 technical competence, as demonstrated by the proposed approach and methodology
			 to meet project requirements.
(b)
			 Resources available to perform the work, including any specialized services
			 within the specified time limits for the project.
(c) Record of past performance, quality of
			 work, ability to meet schedules, cost control, and contract
			 administration.
(d) Availability to
			 and familiarity with the project locale.
(e) Proposed project management
			 techniques.
(f) Ability and proven
			 history in handling special project contracts.
Notice of need for profesisonal services shall be widely
				disseminated to the professional community in a full and open manner. Procuring
				state entities shall evaluate such professionals that respond to the notice of
				need based on such state entity's qualification-based selection process
				criteria. Any such procuring state entity shall then make a good faith effort
				to negotiate a contract for professional services from the selected
				professional after first discussing and refining the scope of services for the
				project with such professional. Where the Division of Construction Management
				of the Department of Finance has set a fee schedule for the professional
				services sought, fees shall not exceed the schedule without approval of the
				Director of the Division of Construciton Management and the
				Governor.
Author:
Department of Finance, Legal
				  Division
Statutory Authority:
Code of Ala.
				  1975
, Sec. 41-4-134
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.05 - Small Purchases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application.
			 In accordance with
Code of Ala. 1975
, §
								41-4-134 (Small Purchases), this Rule establishes $25,000 as the amount for supplies or
			 services below which small purchase procedures may be used for procurements,
			 except as otherwise provided in this Rule.
(2) Authority to Make Small Purchases.
(a) Amount. The Office of the Chief
			 Procurement Officer or a Purchasing Agency may use this Rule if the procurement
			 is to be less than $25,000 for supplies or services. If these methods are not
			 used, the other methods of source selection provided in
Code of
			 Ala. 1975
, §
									41-4-131 (Methods of Source Selection) shall
			 apply except as otherwise provided in this Rule.
(b) Existing State Contract for Item.
			 Supplies or services which may be obtained under current State contracts shall
			 be procured under such agreements in accordance with the terms of such
			 contracts. Further, supplies or services available from State stocks shall not
			 be procured under this Rule. Operational procedures and contract terms may
			 provide for waivers or exceptions to this Subsection.
(c) Available from One Business Only. If the
			 supply or service is available from only one business, the sole source
			 procurement method set forth in Rule 355-4-3-.06 (Sole Source Procurement) of
			 these Rules shall be used even if the procurement is a small purchase as
			 specified in Subsection (2) (a) of this Rule.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.06 - Sole Source Procurement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Conditions
			 for Use of Sole Source Procurement. Sole source procurement is not permissible
			 unless a required supply or service is available from only a single supplier. A
			 requirement for a particular proprietary item does not justify a sole source
			 procurement if there is more than one potential bidder or offeror for that
			 item. The following are examples of circumstances which could necessitate sole
			 source procurement:
(a) where the
			 compatibility of equipment, accessories, or replacement parts is the paramount
			 consideration;
(b) where a sole
			 supplier's item is needed for trial use or testing; and
(c) where a sole supplier's item is to be
			 procured for resale.
The determination as to whether a procurement shall be made as
				a sole source shall be made, in writing, by the Chief Procurement Officer. The
				Chief Procurement Officer may specify the application of such determination and
				the duration of its effectiveness. In cases of reasonable doubt, competition
				should be solicited. Any request by a Using Agency that a procurement be
				restricted to one potential contractor shall be accompanied by an explanation
				as to why no other will be suitable or acceptable to meet the need.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.07 - Emergency Procurements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definition
			 of Emergency Conditions. An emergency condition is a situation which creates a
			 threat to public health, welfare, or safety such as may arise by reason of
			 floods, epidemics, riots, equipment failures, or such other reasons. The
			 existence of such condition creates an immediate and serious need for supplies
			 or services that cannot be met through normal procurement methods and the lack
			 of which would seriously threaten:
(a) the
			 functioning of State government;
(b) the preservation or protection of
			 property; or
(c) the health or
			 safety of any person.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.08 - Special Procurements

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with
Code of Ala. 1975
,
				§
								41-4-137, Special Procurements may be initiated when an unusual or unique
				situation exists that makes the application of all requirements of competitive
				sealed bidding or competitive sealed proposals contrary to the public interest.
				The Chief Procurement Officer or the head of a Purchasing agency shall
				determine when Special Procurements may be utilized, and when so utilized, the
				Chief Procurement Officer or head of a Purchasing Agency must prepare a written
				determination describing why the method was used to be included in the
				procurement file.
Renumbered from
				  355-4-3-.07
Author:
Department of Finance, Legal
				  Division
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-137.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-3 - METHODS OF PROCUREMENT › Section 355-4-3-.09 - Cancellation Of Invitations For Bids Or Requests

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Cancellation of Solicitation-Notice. Each
			 solicitation issued by the State shall state that the solicitation may be
			 cancelled as provided in this Rule.
(2) Cancellation of Solicitation; Rejection
			 of All Bids or Proposals.
(a) Prior to
			 Opening.
1. As used in this Section, "opening"
			 means the date set for opening of bids, receipt of unpriced technical offers in
			 multi-step sealed bidding, or receipt of proposals in competitive sealed
			 proposals.
2. Prior to opening, a
			 solicitation may be cancelled in whole or in part when the Chief Procurement
			 Officer or the head of a Purchasing Agency determines in writing that such
			 action is in the State's best interest.
3. When a solicitation is cancelled prior to
			 opening, notice of cancellation shall be sent to all businesses
			 solicited.
4. The notice of
			 cancellation shall:
(i) identify the
			 solicitation;
(ii) briefly explain
			 the reason for cancellation; and
(iii) where appropriate, explain that an
			 opportunity will be given to compete on any resolicitation or any future
			 procurements of similar supplies or services.