reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.10 - Distributions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A CAPCO may make
			 a qualified distribution at any time. To make a distribution or payment from a
			 particular investment pool, other than a qualified distribution and the repayment
			 of the initial $500,000 equity contribution or any other equity contribution made
			 by its equity holders, a CAPCO must (i) have made qualified investments from such
			 investment pool in an amount cumulatively equal to at least one hundred percent
			 (100%) percent of the certified capital invested in such investment pool and,
			 (ii) with respect to a program two investment pool, have invested at least
			 $75,000 of such investment pool in no less than five (5) qualified diversity
			 businesses, for a cumulative investment amount of at least $375,000.
(2) Notwithstanding subsection (1) of this
			 section, a CAPCO may make payments of principal and interest on its indebtedness
			 without any restriction, including payments of indebtedness of the CAPCO on which
			 certified investors earned premium tax credits.
(3) In both program one and program two, the
			 State of Alabama shall receive a ten percent (10%) share of any distributions
			 other than qualified distributions, payments with respect to indebtedness, and
			 the return of the initial $500,000 equity contribution and any other equity
			 contributions, from the CAPCO to its equity holders.
(4) Except with respect to required payments to
			 the State of Alabama pursuant to subsection (3) above,
(i) once a CAPCO has made qualified investments
			 in an amount cumulatively equal to one hundred percent (100%) of the certified
			 capital allocated to it with respect to a particular program, of which, in the
			 case of a program two investment pool, at least $75,000 of such program two
			 investment pool shall have been invested in no less than five (5) qualified
			 diversity businesses, for a cumulative investment amount of at least $375,000,
			 the investment pool associated with such capital shall no longer be subject to
			 regulation under the Act or these regulations, and
(ii) once all of a CAPCO's investment pools
			 have satisfied the requirement of the preceding sentence, the CAPCO shall no
			 longer be subject to regulation under the Act or these regulations.
F. Neal Wade
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.11 - Annual Review By The ADO

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 ADO shall conduct an annual review of each CAPCO to:
(a) Ensure that the CAPCO and each of its
			 investment pools continue to satisfy the requirements of the Act and these
			 regulations, and that the CAPCO has not made any investment in violation of the
			 Act or these regulations.
(b)
			 Determine the eligibility status of its qualified investments.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-2-1 - CERTIFIED CAPITAL COMPANIES › Section 281-2-1-.12 - Offering Materials

Current through Register Vol. 42, No. 9, June 28, 2024
Any offering materials involving the sale of securities of the
				CAPCO must include the following statement:
"By authorizing the formation of a CAPCO, the State of Alabama
				does not endorse the quality of management or the potential for earnings of the
				company and is not liable for damages or losses to a certified investor in the
				company. Use of the word "certified" in an offering does not constitute a
				recommendation or endorsement of the investment by the ADO of public accounts. If
				applicable provisions of law are violated, the State of Alabama may require
				forfeiture of unused premium tax credits and repayments of used premium tax
				credits."
F. Neal Wade
Statutory Authority:
Code of Ala.
				  1975
, as amended; Act 2002-429.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-3-1 - ALABAMA FILM OFFICE INCENTIVES › Section 281-3-1-.01 - Scope Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Division 281-3-1
			 of the Administrative Code sets forth the rules to be used by the Department of
			 Commerce in the administration of Acts of Alabama 2009-144, as codified in
Code of Ala. 1975
, §§
								41-7A-40, et seq.
(2) The administration of the Rebate, as
			 provided in
Code of Ala. 1975
, §
								41-7A-43, and the exemptions from
			 state sales, use, and lodgings taxes pursuant to
Code of Ala.
			 1975
, §§
								40-23-2,
			 40-23-61, and
			 40-26-1, respectively, are also
			 governed by the administrative rules issued by the Alabama Department of Revenue.
			 Please refer to those rules for further guidance on the Rebate and related state
			 sales, use, and lodgings tax exemptions provided for in Acts of Alabama 2009-144,
			 2011-695, 2012-167, 2012-212 and 2013-34.
Author:
Department of Commerce/Alabama Film
				  Office
Statutory Authority:
Code of Ala.
				  1975
. §§
										41-7A-40 through
				  -48.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-3-1 - ALABAMA FILM OFFICE INCENTIVES › Section 281-3-1-.05 - Continuing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Compliance with the Laws of Alabama
. Within 60 days of
			 commencing operations in the State of Alabama, a Qualified Production Company
			 shall register with the Secretary of State, comply with all requirements of doing
			 business within the State of Alabama, and must provide written evidence of doing
			 so to the Office before completion of production activities within the State of
			 Alabama on the State-Certified Production.
(2)
Filing Alabama Tax
			 Returns
. A Qualified Production Company must file any and all tax
			 returns required by the laws of the State of Alabama (e.g., an initial business
			 privilege tax return, as provided by §
								40-14A-29,
Code of Ala.
			 1975
, or a composite income tax return as provided by the Act and
			 §
								40-18-24.2,
Code of Ala.
			 1975
, which requires a Qualified Production Company taxed under
			 Subchapter K of the Internal Revenue Code to file a composite income tax return
			 and make a composite income tax payment on behalf of its nonresident owners at
			 the highest marginal tax rate).
(3)
Biannual Review
. Once production activities on a
			 State-Certified Production have commenced, the Office shall, at least twice
			 during each 12-month period thereafter, at intervals of not less than 5 months,
			 nor greater than 7 months, review the Qualified Production Company's progress
			 towards completion of production activities on the State-Certified Production. If
			 the Office, in its discretion, determines that the Qualified Production Company
			 has not made reasonable progress towards completion of the State-Certified
			 Production, the Office may revoke, or suspend any Incentives for which the
			 project was approved until such time the Qualified Production Company is able to
			 demonstrate reasonable progress.
(4)
Completion of Production Activities in Alabama
.
(a) Within 60 days of completion of production
			 activities within the State of Alabama on the State-Certified Production, the
			 Qualified Production Company shall return the state sales, use, and lodgings tax
			 exemption certificate to the Department.
(b) Within 60 days of completion of the
			 State-Certified Production, the Qualified Production Company shall provide the
			 Office with a complete list of crew, cast, and vendors employed in the
			 State-Certified Production.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-3-1 - ALABAMA FILM OFFICE INCENTIVES › Section 281-3-1-.06 - Final Incentive Audit And The Report

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Qualified Production Company shall
			 engage a CPA to perform the Final Incentive Audit of the Qualified Production
			 Company's Production Expenditures on the State-Certified Production and such CPA
			 shall prepare a Report verifying each Production Expenditure.
(2) A CPA engaged to perform a Final Incentive
			 Audit shall:
(a) be independent, as that term
			 is used in Generally Accepted Auditing Standards, from the Qualified Production
			 Company and any of its owners or affiliates;
(b) plan and perform the Final Incentive Audit
			 using due professional care; and
(c)
			 obtain sufficient appropriate audit evidence by performing audit procedures to
			 afford a reasonable basis for the Report, verifying each individual expenditure
			 claimed by the Qualified Production Company.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-4-1 - THE ALABAMA INNOVATION FUND (Repealed) › Section 281-4-1-.01 - Definitions (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Department of Commerce
Statutory Authority:
Code of Ala. 1975, as
							amended, §
										41-9-202.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-4-1 - THE ALABAMA INNOVATION FUND (Repealed) › Section 281-4-1-.02 - The Alabama Innovation Fund (Repealed) Author

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Department of Commerce
Statutory Authority:
Code of Ala. 1975, as
							amended, §
										41-9-202.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-4-1 - THE ALABAMA INNOVATION FUND (Repealed) › Section 281-4-1-.03 - Application (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Department of Commerce
Statutory Authority:
Code of Ala. 1975, as
							amended, §
										41-9-202.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-4-1 - THE ALABAMA INNOVATION FUND (Repealed) › Section 281-4-1-.04 - Application Review (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Department of Commerce
Statutory Authority:
Code of Ala. 1975, as
							amended, §
										41-9-202.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-4-1 - THE ALABAMA INNOVATION FUND (Repealed) › Section 281-4-1-.05 - Distributions (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Department of Commerce
Statutory Authority:
Code of Ala. 1975, as
							amended, §
										41-9-202.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-4-1 - THE ALABAMA INNOVATION FUND (Repealed) › Section 281-4-1-.06 - Expenses And Plan Administration (Repealed) Author

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Department of Commerce
Statutory Authority:
Code of Ala. 1975, as
							amended, §
										41-9-202.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-4-1 - THE ALABAMA INNOVATION FUND (Repealed) › Section 281-4-1-.07 - Reports (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Department of Commerce
Statutory Authority:
Code of Ala. 1975, as
							amended, §
										41-9-202.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-5-1 - ALABAMA NEW MARKETS DEVELOPMENT PROGRAM › Section 281-5-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Act" or
			 "Program" means the Alabama New Markets Development Act, Act Number 2 012-4 83 of
			 the State of Alabama, a copy of which should accompany these
			 regulations.
(2) "Applicant" means
			 the Qualified Community Development Entity who submits an Application under the
			 Act to have an equity investment or long-term debt security designated as a
			 Qualified Equity Investment which is eligible for Tax Credits under the
			 Act.
(3) "Application" means an
			 application under the New Markets Development Program pursuant to this
			 chapter.
(4) "CDFI Fund" means the
			 Community Development Financial Institutions Fund of the United States Treasury
			 Department.
(5) "Department of
			 Revenue" means the Alabama Department of Revenue.
(6) "Department of Insurance" means the Alabama
			 Department Insurance.
(7)
			 "Department" shall mean the Alabama Department of Commerce.
(8) "Federal New Markets Tax Credit Program"
			 means Section 4 5D of the Internal Revenue Code of 1986, as amended, and the
			 regulations adopted there under, including 2  6 CFR Sec. 145D-1.
(9) "Notice of Certification" is a written
			 notice provided to an Applicant by the Department informing the Applicant of its
			 decision and will include the amount of Qualified Equity Investment allocated to
			 the Applicant contingent upon the Applicant's issuance of Qualified Equity
			 Investments and receipt of a cash investment equal to the allocated amount of
			 investment contained in such certification. The Notice of Certification shall
			 also include, if known, the names of those taxpayers who are eligible to utilize
			 the Tax Credits and the respective annual Tax Credit amounts and a utilization
			 schedule.
(10) "Notice of
			 Reallocation" means a written notice issued by a Qualified Community Development
			 Entity as described in Section 7(d) of the Act.
(11) "Qualified Active Low-Income Community
			 Business" has the same meaning given that term in Section 4 5D(d)(2) of the
			 Internal Revenue Code of 1986, as amended, and the regulations adopted there
			 under, including 2  6 CFR Sec. 1.45D-1.
(12) "Secretary" means the Secretary of
			 Commerce. "State" means the State of Alabama.
Terms not specifically defined in this Chapter shall have the
				meaning set forth in the Act.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, as amended, §
										41-9-202, Act No. 2012-483.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-5-1 - ALABAMA NEW MARKETS DEVELOPMENT PROGRAM › Section 281-5-1-.04 - Recapture Of Tax Credits

Current through Register Vol. 42, No. 9, June 28, 2024
Upon written notice from the Department, the Department Revenue
				or the Department of Insurance as appropriate shall recapture any and all Tax
				Credits under the circumstances, in the amounts and using the procedures outlined
				in Section 8 of the Act.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, as amended, §
										41-9-202, Act No. 2012-483.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-5-1 - ALABAMA NEW MARKETS DEVELOPMENT PROGRAM › Section 281-5-1-.05 - Expenses And Plan Administration

Current through Register Vol. 42, No. 9, June 28, 2024
The Program shall be administered by the Secretary or his or her
				designee. These rules shall be interpreted by the Secretary and his decision as
				to any interpretations shall be final. The Secretary may grant waivers and/or
				make exceptions from this chapter for particular situations where the purposes of
				the Act would be served by any such waiver or interpretation. The Department may
				make expenditures as it deems reasonable for which the Program was created. In
				addition, the Department may retain a sufficient amount of the Application fees
				collected to offset its internal expenses and overhead in administering the
				Program.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, as amended, §
										41-9-202, Act No. 2012-483.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-1 - ALABAMA RENEWAL ACT - PORT CREDIT › Section 281-6-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the definitions contained in Section 40-18-400 of the Code of Alabama 1975, the following words and phrases used in Title 40,
				Chapter 18, Article 18 shall have the following meanings:
(1) ACT. The Alabama Renewal Act, codified at
			 Title 40, Chapter 18, Article 18 of the Code.
(2) BASE CARGO VOLUME PERIOD. The 3 65-day
			 period ending on the last day of the month immediately preceding the month in
			 which an application for port credits is postmarked; provided that project
			 agreements awarding port credits may specify a different Base Cargo Volume
			 Period.
(3) CODE.
The
			 Code of Ala. 1975
, as amended.
(4) PORT CREDIT INCENTIVE PERIOD. The 365-day
			 period designated by an applicant on its application as the twelve-month period
			 in which it its eligible to earn port credits as approved by the Commission;
			 provided that the port credit incentive period shall begin no earlier than the
			 first day of the month immediately following the date of the application and
			 shall begin no later than ninety days following the date of the application.
			 Notwithstanding the foregoing, project agreements awarding port credits may
			 specify a port credit incentive period beginning on any date.
(5) PORT OF ENTRY. A port facility located in
			 the State that is described in 19 C.F.R. §
									101.3(b)(1).
(6) PUBLICLY OWNED. A facility located in the
			 State that is owned by the State, an agency of the State, a public corporation, a
			 municipality, a county or any combination thereof.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §
										40-18-402(1).
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-1 - ALABAMA RENEWAL ACT - PORT CREDIT › Section 281-6-1-.02 - Inland Ports

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Publicly
			 owned facilities seeking designation as an inland port must apply to the
			 Commission for official designation as an inland port.
(b) A facility seeking designation as an inland
			 port shall apply in writing on letterhead of the entity seeking designation and
			 shall include the following information regarding the facility:
1. The owner of the facility
2. The address of the facility
3. Name of authorized contact person
4. Email address of authorized contact
			 person
5. Telephone number of
			 authorized contact person for facility
6. Boundaries of the physical area seeking
			 designation
7. Narratives describing
			 the following:
(i) The facility's vision to
			 facilitate and process international and domestic trade,
(iii) The facility's plan for strategic
			 investment in multi-modal transportation assets, and
(iii) The facility's plan for promoting
			 value-added services as goods move through the facility and the supply
			 chain.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-1 - ALABAMA RENEWAL ACT - PORT CREDIT › Section 281-6-1-.03 - Base Cargo Volume

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Calculations
			 of base cargo volume shall be supported by records from the applicable port
			 facility confirming the total amount of cargo volume for the applicable base
			 cargo volume period, unless the applicant will be a new user of the port
			 facility. In the case of a new user of a port facility, the applicant's base
			 cargo volume shall be the amount specified in Section 40-18-400(1) b. of the
			 Code.
(b) Only cargo that is owned by
			 the port facility user at the time the port facility is used may be included in
			 the calculation of base cargo volume.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-18-401,
				  40-18-402(1),
				  40-18-403.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-1 - ALABAMA RENEWAL ACT - PORT CREDIT › Section 281-6-1-.04 - Applications; Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Port facility
			 users seeking to obtain port credits may file an application on a form prescribed
			 by the Commission.
(b) Applications
			 will be accepted on any date on or after September 1, 2016 until no additional
			 port credits are available.
(c)
			 Applications shall be accompanied by an application fee in the amount set forth
			 in the application. Application fees are nonrefundable.
(d) Applications are deemed filed on the date
			 they are postmarked.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-18-401,
				  40-18-402(1),
				  40-18-403.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-1 - ALABAMA RENEWAL ACT - PORT CREDIT › Section 281-6-1-.05 - Allocations Of Port Credits

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Port credit
			 allocations are awarded by the Commission pursuant to procedures adopted by the
			 Commission.
(b) Awards of port credit
			 allocations by the Commission are conditional. Credits are earned based upon
			 actual cargo volume transiting the applicable port facility during the port
			 credit incentive period and subsequent certification of actual cargo volume, all
			 in compliance with the Act and these regulations. Once earned, port credits may
			 be carried forward to future years as provided in the Act. Unearned port credits
			 revert to the State.
(c) A port
			 facility user which is awarded port credits pursuant to the Act shall not be
			 entitled to claim more port credits than are approved by the Commission for that
			 port facility user.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-18-401,
				  40-18-402(1),
				  40-18-403.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-1 - ALABAMA RENEWAL ACT - PORT CREDIT › Section 281-6-1-.06 - Certification Of Actual Cargo Volume

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
			 Within 90 days of the end of the Port Credit Incentive Period, the port facility
			 user shall file certification of cargo volume on a form prescribed by the
			 Commission. Certifications postmarked after this date shall be subject to a late
			 certification fee in an amount equal to the port facility user's application
			 fee.
(b) Calculations of actual cargo
			 volume shall be supported by records from the applicable port facility confirming
			 the total amount of cargo volume for the applicable base cargo volume
			 period.
(c) Only cargo that is owned
			 by the port facility user at the time the port facility is used may be included
			 in the calculation of actual cargo volume.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975.
§§
										40-18-401,
				  40-18-403.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-1 - ALABAMA RENEWAL ACT - PORT CREDIT › Section 281-6-1-.07 - Port Credits Awarded By Project Agreement

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Section
			 40-18-403(e) of the
			 Code provides that port credits may be allocated by the Governor and awarded by
			 the Commission pursuant to a project agreement between the State and a port
			 facility user. Award of port credits pursuant to a project agreement is an
			 alternative method of seeking port credits for manufacturing or distribution
			 projects investing at least $20,000,000 at a single site and creating 75 net new
			 jobs in Alabama. To the extent this section conflicts with other sections in this
			 chapter, the provisions of this section shall control the process for obtaining
			 port credits by project agreement.
(b) A port facility user seeking port credits
			 for a project by project agreement may notify the Department of Commerce of its
			 project utilizing the process outlined in Section
			 41-9-202.1 of the Code and include
			 in their notification a request for an allocation of port credits; however, this
			 notification process is not a mandatory prerequisite to obtaining port credits by
			 project agreement.
(c) Port facility
			 users seeking an award of port credits by project agreement shall file an
			 application with the Commission on a form prescribed by the Commission for
			 project agreement port credits prior to any Commission meeting but not in
			 conjunction with a notification under subsection (b) of this Section.
(d) The Commission shall approve the actual
			 port credit per unit of cargo volume applicable to each project agreement,
			 subject to execution and delivery of a project agreement. After reviewing each
			 application, the Commission shall impose application fees for each application
			 for port credits by project agreements on a case-by-case basis, and shall specify
			 the applicable fee in its award of port credits to a port facility user. Approval
			 of port credits may be made conditional on payment of the application
			 fee.
(e) Notwithstanding Commission
			 approval, a port facility user shall only become eligible to earn port credits by
			 project agreement upon execution and delivery of a project agreement between the
			 State and the port facility user.
(f)
			 A port facility user which is awarded port credits by project agreement shall not
			 be entitled to claim more port credits than are approved by the Commission for
			 that port facility user.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975.
§§
										40-18-401,
				  40-18-403.
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the definitions contained in Section 40-18-400 of the Code of Alabama 1975, the following words and phrases used in Title 40,
				Chapter 18, Article 18 shall have the following meanings:
(1) ACT. The Alabama Renewal Act, codified at
			 Title 40, Chapter 18, Article 18 of the Code.
(2) ADECA. The Alabama Department of Economic
			 and Community Affairs.
(3) CODE. The
Code of Ala. 1975
, as amended.
(4) PORT CREDIT INCENTIVE PERIOD. The 365-day
			 period designated by an applicant on its application as the twelve-month period
			 in which it its eligible to earn port credits as approved by the Commission;
			 provided that the port credit incentive period shall begin no earlier than the
			 first day of the month immediately following the date of the application and
			 shall begin no later than ninety days following the date of the application.
			 Notwithstanding the foregoing, project agreements awarding port credits may
			 specify a port credit incentive period beginning on any date.
(5) PORT OF ENTRY. A port facility located in
			 the State that is described in 19 C.F.R. §
									101.3(b)(1).
(6) PUBLICLY OWNED. A facility located in the
			 State that is owned by the State, an agency of the State, a public corporation, a
			 municipality, a county or any combination thereof.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §
										40-18-415 (f).
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.02 - Local Economic Development Organizations

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Commerce determines that public
			 corporations organized and existing under the following provisions of the Code
			 are local economic development organizations as such term is used in the Act:
1. Title 4, Chapter 3 (Airport
			 Authorities),
2. Title 11, Chapter
			 20, Article 2 (County Industrial Development Boards),
3. Title 11, Chapter 54, Article 4 (Municipal
			 Industrial Development Boards),
4.
			 Title 11, Chapter 54, Article 6 (Commercial Development Authorities),
5. Title 11, Chapter 54A (Downtown
			 Redevelopment Authorities),
6. Title
			 11, Chapter 92A (County Industrial Development Authorities),
7. Title 11, Chapter 92B (Local Reuse or
			 Development Authorities),
8. Title
			 11, Chapter 94 (Port Authorities),
9.
			 Title 11, Chapter 105 (Tourism Development Authorities),
10. Title 33, Chapter 13 (Alabama State Port
			 Authority), and
11. Title 40, Chapter
			 10, Article 2 (State Industrial Development Authority)
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.03 - Application For Funding From Local Economic Development Organizations

Current through Register Vol. 42, No. 9, June 28, 2024
(a) A local economic
			 development organization seeking funding for a site pursuant to Section 40-18-411 of the Code shall file an application on a form prescribed by
			 Commerce.
(b) Applications for
			 funding may be submitted on or after October 1, 2016. Applications for funding
			 should be submitted to Commerce at the address set forth on the
			 application.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-18-411,
				  40-18-415(f).
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.04 - Projects Eligible For Funding Under The Growing Alabama Program

Current through Register Vol. 42, No. 9, June 28, 2024
Projects eligible for funding include site preparation or public
				infrastructure work to real property that is owned by a local economic
				development organization.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §
										40-18-415 (f).
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.05 - Compliance With Alabama Department Of Economic And Community Affairs Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
The Act requires that the local economic development organization
				provide quotes for work to be funded in compliance with procedures set forth by
				ADECA.
ADECA may amend its procedures relating to obtaining quotes from
				time to time.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-18-411,
				  40-18-415(f).
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.06 - Award Of Funding To Local Economic Development Organizations

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Commerce will
			 review applications for approval. If Commerce approves an application, it will
			 forward the application to the Renewal of Alabama Commission.
(b) Applications are reviewed by the Renewal of
			 Alabama Commission pursuant to procedures adopted by the Renewal of Alabama
			 Commission.
(c) Applications that are
			 approved by the Renewal of Alabama Commission shall be returned to Commerce for
			 entry into a Growing Alabama Funding Agreement. Commerce shall prescribe the form
			 of Growing Alabama Funding Agreement and may amend the same from time to
			 time.
(d) Upon execution and delivery
			 of a Growing Alabama Funding Agreement by all parties thereto, Commerce will
			 provide a copy of the Growing Alabama Funding Agreement to Revenue together with
			 such information as is necessary or convenient for Revenue to administer the
			 online system mandated by the Act.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975.
§§
										40-18-412,
				  40-18-415(f).
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.07 - Partial Funding Of Projects

Current through Register Vol. 42, No. 9, June 28, 2024
Each application filed by a local economic development
				organization shall include a certification of the amount of organization funding
				available to complete the project should taxpayer funding not materialize. Each
				Growing Alabama Funding Agreement shall include an agreement by the local
				economic development organization to fully fund the project once an agreed amount
				of cash contributions from taxpayers is received. For the avoidance of doubt, a
				local economic development organization may specify that no organization funding
				is available for the project, in which case the project must be fully funded by
				cash contributions from taxpayers prior to proceeding.
Author:
Department of Commerce
Statutory Authority:
Code of Ala.
				  1975.
§
										40-18-415 (f).
Alabama Administrative Code › Title 281 - ALABAMA DEPARTMENT OF COMMERCE, FORMERLY ALABAMA DEVELOPMENT OFFICE AND ALABAMA TOURISM DEPARTMENT/ALABAMA FILM OFFICE › Chapter 281-6-2 - ALABAMA RENEWAL ACT - GROWING ALABAMA CREDIT › Section 281-6-2-.08 - Online System Administered By Revenue

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Upon receipt of a notification from
			 Commerce that a local economic development organization's application has been
			 approved by the Renewal of Alabama Commission, Revenue will open an online system
			 for each project through which taxpayers may agree to fund all or part of the
			 local economic development organization's project. Revenue shall notify a local
			 economic development organization of the date that the online system for a
			 project is open to reserve Growing Alabama Credits.
(b) Taxpayers shall have thirty days from the
			 date that the online system for a project is open to reserve Growing Alabama
			 Credits. Growing Alabama Credits available for a project shall be available on a
			 first-come, first-served basis.
(c)
			 The online system operated by Revenue shall reserve a Growing Alabama Credit for
			 the taxpayer to the extent the project remains unfunded until the local economic
			 development organization makes the certifications contained in subsection (e) of
			 this Section. The credit reservation shall grant the taxpayer twenty-one calendar
			 days from the date of the taxpayer's credit reservation to make a cash
			 contribution to the local economic development organization for the applicable
			 project.
(d) Within sixty days from
			 the date that the online system for a project is open for reservations, the local
			 economic development organization shall certify to Commerce the following:
1. a list of the taxpayers who made cash
			 contributions for the project,
2. the
			 amount of cash contribution actually received from each,
3. a statement that the project has or has not
			 received sufficient funding as provided in the applicable Growing Alabama Funding
			 Agreement, and
4. a statement that
			 the project will or will not be constructed.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-1 - ORGANIZATION › Section 282-X-1-.01 - Legal Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama Dietetics/Nutrition Practice Act of 1989 provides for a Board of Examiners, prescribes the method of appointment of such Board, its duties and authorities, and provides for licensing qualifications, renewals and revocation, exemptions, reciprocity, and penalties.
(2) It is the purpose of this act to protect the health, safety and welfare of the public by providing for the licensing and regulation of persons engaged in the practice of dietetics and nutrition.
(3) The Alabama Board of Examiners for Dietetics/Nutrition Practice is empowered, authorized and directed to adopt, amend, promulgate, and enforce all rules, regulations, and standards governing dietitians as may be necessary to further the accomplishment of the purpose of the governing law. The rules, regulations and minimum standards for licensing of dietitians may be amended by the Board as deemed necessary.
(4) The principal offices of the Alabama Board of Examiners for Dietetics/Nutrition Practice are located at 400 So. Union Street, Suite 465, Montgomery, AL 36104.
(5) This act shall be known as the "Dietetics/Nutrition Practice Act of 1989."
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-2 - DEFINITIONS › Section 282-X-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For purposes of these regulations all terms shall have the meanings as set forth in the "Dietetics/Nutrition Practice Act of 1989."
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-2 - DEFINITIONS › Section 282-X-2-.02 - Definition Of Practice

Current through Register Vol. 42, No. 9, June 28, 2024
Dietetics/nutrition is the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food, management and behavioral and social sciences to achieve and maintain peoples' health. The primary function of dietetic practice is the provision of nutrition care services which shall include:
(a) Assessing the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting.
(b) Establishing priorities, goals and objectives that meet nutritional needs and are consistent.
(c) Providing nutrition counseling in health and disease.
(d) Developing, implementing and managing nutrition care systems.
(e) Evaluating, changing and maintaining appropriate standards of quality in food and nutrition services.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-3 - APPLICATION FOR LICENSURE › Section 282-X-3-.01 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant for a license shall file a written application on forms provided by the Board, showing to the satisfaction of the Board that he or she meets the requirements of the Board's regulations.
(2) Every application shall be typed or written in ink, signed under penalty of perjury.
(3) Each application shall be accompanied by a check or money order in the amount required payable to the Alabama Board of Examiners for Dietetics/Nutrition Practice.
(4) No application will be considered by the Board until requested supporting documents and fee have been received by the Board.
(5) Approved applications and all documents filed in support thereof shall be retained by the Board.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-3 - APPLICATION FOR LICENSURE › Section 282-X-3-.02 - Availability Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results are available to the public between the hours of 9 a.m. and 4 p.m. Monday through Friday, except holidays.
(2) Information may be obtained by writing to the Board of Examiners for Dietetic/Nutrition Practice, 400 So. Union Street, Suite 465, Montgomery, AL 36104. All official correspondence shall be in writing and directed to the Board address.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-3 - APPLICATION FOR LICENSURE › Section 282-X-3-.03 - Renewal Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any license issued under this act expires on September 30th of every odd year after it is issued unless renewed in the manner prescribed by the Board.
(2) A renewal application shall be on a form provided by the Board accompanied by the renewal fee and filed with the Board at its office in Montgomery, Alabama.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §
										34-34-1.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-3 - APPLICATION FOR LICENSURE › Section 282-X-3-.04 - Abandonment Of Application

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant shall be deemed to have abandoned the application if the requirements for licensure are not completed within one year of the date on which application was filed. An application submitted subsequent to an abandoned application shall be treated as a new application.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-4 - QUALIFICATION FOR LICENSE › Section 282-X-4-.01 - Qualifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To qualify as a licensed dietitian or nutritionist, an applicant must:
(a) Be 19 years of age or older.
(b) Submit evidence of good moral character and respectability by providing two personal references upon submission of application.
(c) File a written application on a form provided by the Board.
(d) Pass an examination propounded under the auspices of the Commission of Dietetic Registration.
(e) Pay fees prescribed by the Board.
(f) Meet the requirements of 282-X-4-.02 and 282-X-4-.04.
Author:
Cherie Colquett
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-4 - QUALIFICATION FOR LICENSE › Section 282-X-4-.02 - Education

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant for licensure as a dietitian or licensed nutritionist shall have satisfactorily completed appropriate academic requirements as stated in the "Dietetics/Nutrition Practice Act of 1989."
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-4 - QUALIFICATION FOR LICENSE › Section 282-X-4-.03 - Professional Experience

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant for licensure shall submit to the Board evidence of having successfully completed an ADA approved planned continuous pre-professional experience component in dietetics/nutrition practices as stated in the "Dietetics/Nutrition Practice Act of 1989."
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-4 - QUALIFICATION FOR LICENSE › Section 282-X-4-.04 - Examination For Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant for licensure shall pass an examination administered by the Commission on Dietetic Registration or other examination as approved by the Board.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-4 - QUALIFICATION FOR LICENSE › Section 282-X-4-.05 - Waiver Of Examination

Current through Register Vol. 42, No. 9, June 28, 2024
For one year beginning on May 17, 1989, the Board shall waive the examination requirement and grant a license to any person who meets the requirements for such exemption as stated in the "Dietetics/Nutrition Practice Act of 1989."
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §§
										34-34A-1,
et seq
.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-4 - QUALIFICATION FOR LICENSE › Section 282-X-4-.06 - Reciprocity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Reciprocity shall be provided for licensed dietitians/nutritionists from other states provided that the standards for licensing in that state are not less than those provided for in these regulations as determined by the Board.
(2) Reciprocity applicants must be current with continuing education hours with CDR or as specified and approved by the Board.
(3) If reciprocity is denied, the applicant must complete the regular licensure process as prescribed by the Dietetics/Nutrition Practice Act of 1989 and these regulations.
Author:
Cherie Colquett
Statutory Authority:
Code of Ala. 1975
, §
										34-34-1.
Alabama Administrative Code › Title 282 - Alabama Board of Examiners for Dietetics/Nutrition Practice › Chapter 282-X-4 - QUALIFICATION FOR LICENSE › Section 282-X-4-.07 - Licensing Of Dietitians Trained In A Foreign Country

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who has been trained as a dietitian/nutritionist in a foreign country and desires to be licensed under the Dietetics Practice Act of 1989 may make application on forms provided by the Board if the individual:
(a) Holds a degree from an education program which has been validated as equivalent to the baccalaureate or master's degree conferred by universities or colleges regionally accredited by the council on Post-Secondary Accreditation and the U.S. Department of Education, and any fees associated with such validation are the sole responsibility of the applicant;
(b) Submits documentary evidence to the Board that he/she has completed a course of professional experience as defined in these rules and regulations;
(c) Demonstrates satisfactory proof of proficiency in the English language. At the time of making such application, the applicant shall pay the fee prescribed by the Board, no portion of which shall be returned.