reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 304 - ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE › Chapter 304-X-1 - INITIAL RULES › Section 304-X-1-.05 - Educational Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Burglar
			 Alarm (B)
(a) Qualifying Agent licensed
			 for the purpose of installing or servicing burglar alarm systems: an applicant
			 must have completed a Board approved certification class (Level 1) and an
			 advanced Board approved certification class and passed the proctored exams for
			 both classes in order to obtain a license. A license will not be issued to a
			 burglar alarm company unless the company has a licensed Qualifying
			 Agent.
(b) Alarm System Installer
			 licensed for the purpose of installing or servicing burglar alarm systems: an
			 applicant must have completed a Board approved certification class (Level 1)
			 and passed the proctored exam in order to obtain or renew a license.
(c) To ensure continued competency all,
			 Qualifying Agents and Alarm System Installers must demonstrate completion of
			 educational requirements equivalent to those required for current status (8
			 hours of approved continuing education units) or current status with their
			 certification, annually, in order to obtain or renew a license. The
			 demonstration of completion will be done at the time of renewal every two years
			 providing proof of 16 total hours for the entire renewal cycle.
Alabama Administrative Code › Title 304 - ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE › Chapter 304-X-1 - INITIAL RULES › Section 304-X-1-.06 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to
Code of Ala.
			 1975
, §
								34-1A-6, an exemption from the licensing and
			 regulatory provision of this chapter may be granted to certain persons or
			 entities.
(2) Those persons or
			 entities may request a letter of exemption from the board by submitting the
			 following:
(a) A letter of request shall be
			 mailed to the board;
(b) A
			 notarized affidavit stating with specificity the activities of the individual
			 or the company or the entity and stating why said company or entity is exempt
			 from the licensure.
(c) The board
			 shall review the request and render a decision at its next scheduled board
			 meeting.
(d) If approved, a letter
			 of exemption shall be mailed to the individual or entity. Said approval letter
			 will include a statement that the individual or company may be subject to an
			 injunctive action if the Board receives information that the company or
			 individual is indeed engaged in non-exempt activity regulated by the board. The
			 letter of exemption issued by the Board shall be signed by both the Board Chair
			 and the Executive Director. The original letter of exemption will be kept on
			 file at the Board's administrative office, and a copy of the letter will be
			 mailed to the entity requesting the exemption.
(e) If the exemption is denied, the company
			 or individual may request an administrative hearing before an independent
			 hearing officer. The hearing request shall be made no later than thirty (30)
			 days of the date noted on the official letter of denial. If a request is made,
			 an administrative hearing shall be held not less than thirty (30) days after
			 the receipt of the request by the Board.
(f) If, after an administrative hearing, the
			 denial of the exemption is upheld, the company or individual will have 30 days
			 from the final decision to appeal the action to the Montgomery County Alabama
			 Circuit Court, pursuant to the Administrative Procedures Act, or must complete
			 the requirements to become licensed within thirty (30) days or cease operation
			 in the State of Alabama.
Alabama Administrative Code › Title 304 - ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE › Chapter 304-X-1 - INITIAL RULES › Section 304-X-1-.08 - Administrative Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Receiving
			 Complaints
(a) Complaints alleging that
			 licensees and/or non-licensees have violated AESBL laws and/or regulations must
			 be submitted in writing on a form created by the Board. Complaints must be
			 signed to be processed. Any person, including a Board member or person employed
			 by the Board or its contractor, may file a complaint.
(b) Whenever a complaint is received, the
			 AESBL staff will review the information provided regarding the complaint.
Additional information may be requested in order for the staff
				to determine if there is sufficient reason for a formal Administrative
				Complaint to be accepted. If it is determined by the Executive Director upon
				review of the information provided that a formal Administrative Complaint is
				not warranted, the complainant will be notified in writing of the reason why
				the Board will not accept a formal Administrative Complaint. If it is
				determined that there is sufficient reason or evidence to pursue a formal
				Administrative Complaint, a form, with potential violations noted by the staff,
				will be sent to the complainant to complete and have witnessed or notarized.
				Upon receipt of the completed Administrative Complaint form, it will be
				assigned a unique identifying number.
(c) If the Board receives more than one
			 complaint concerning related allegations against the same licensee, the Board
			 may consolidate the complaints for purposes of review, investigation,
			 responses, and disciplinary action.
(d) AESBL may contract for the services of an
			 investigator to aid in investigating a complaint.
(e) All licensees, having had a complaint
			 filed against them or their company, shall have a minimum of thirty (30) days
			 (from being notified of the complaint) to respond to the complaint or
			 allegations in writing. Said notification of the complaint shall be made by
			 certified mail, return receipt requested. Following their initial response, a
			 licensee shall have a minimum of fifteen (15) days to provide additional
			 information that is requested by the Board.
(f) After the deadline for the licensee's
			 response to a complaint in writing, a complaint may be referred to the
			 Investigative Committee for a determination of the existence of probable cause
			 to proceed with disciplinary action or to close the complaint.
Alabama Administrative Code › Title 304 - ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE › Chapter 304-X-1 - INITIAL RULES › Section 304-X-1-.09 - Grounds For Referral To District Attorney

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					The following violations of Ala. Code §34-lA-7(e) may result in referral
					for criminal prosecution, in lieu of, or in addition to disciplinary action by
					the Board:
(a) Advertising alarm services or
					locksmith services to the public without possessing an active license issued by
					the Board;
(b) Installing,
					servicing, or selling an alarm system or providing locksmith services while on
					probation or parole without having provided evidence of your probation or
					parole status to the Board;
(c)
					Performing unsolicited alarm/locksmith sales or alarm/locksmith installation
					services to a person over the age of 75 years, without having waited four (4)
					business days before completing the installation or before performing the
					unsolicited services connected to the sales agreement or contract;
(d) Deceiving or defrauding a person over the
					age of 60 years old, in violation of the Alabama Elders Act;
OR
Alabama Administrative Code › Title 304 - ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE › Chapter 304-X-1 - INITIAL RULES › Section 304-X-1-.10 - Cease And Desist Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may
					conduct inspections relative to the operations of unlicensed persons to ensure
					lawful compliance.
(2) If the Board
					has information relative to a person's unlawful activity, conduct or practice,
					the Board may issue an order for the person to show cause why an order should
					not be issued directing the person to cease and desist from the activity,
					conduct, practice or the performance of any work being done or about to be
					commenced.
(3) If the person who
					receives an order from the Board files a written request for a hearing before
					the Board within 14 days after receipt of the order, the Board, not less than
					thirty days thereafter, shall hold a hearing on the matter.
(4) After a hearing, or if no hearing is
					requested, the Board may issue a Cease and Desist Order in the name of the
					State of Alabama under the seal of the Board.
(5) If the person to whom the Board directs a
					Cease and Desist Order does not cease or desist the prescribed activity,
					conduct, practice or performance of the work immediately, the Board may
					petition any court of competent jurisdiction to issue a writ of injunction
					enjoining the person from performing the work.
(6) Upon a showing by the Board that the
					person has engaged or is engaging in any work prohibited by the Board's law,
					the court shall grant injunctive relief enjoining the person from engaging in
					such unlawful activity.
(7) Upon
					the issuance of a permanent injunction, the court may fine the offending person
					up to five thousand dollars ($5,000), plus costs and attorney fees for each
					offense, and may be rendered in the same judgment in which the injunction is
					made absolute.
(8) Any person
					violating this Board's law who fails to cease work after a hearing or the
					issuance of an injunction by a Court of Law shall not be eligible to apply for
					a license from the Board for a period of one year from the date of official
					notification to cease work.
(9) The
					Board may also withhold approval for up to six months of any application from
					any person who prior to the application has been found in violation of this
					Board's law.
(10) Said Cease and
					Desist procedures are reserved for companies that have been licensed by the
					Board within the previous twelve (12) months.
(11) The Board may elect to forego issuance
					of a Cease and Desist Order and immediately file an injunction in a Court of
					Law, pursuant to
Code of Ala. 1975
, §34-lA-7(f)
					if an individual or entity has not been licensed within the preceding twenty
					(24) months.
Rule
							304-X-1-.07 was renumbered to 304-X-1-.10 per certification filed November 19, 2018;
							effective January 3, 2019.
Author:
Lynne Taunton
Statutory Authority:
Code of Ala.
							1975
, §34-1A.
Alabama Administrative Code › Title 304 - ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE › Chapter 304-X-1 - INITIAL RULES › Section 304-X-1-.11 - Injunctive Relief And Recoupment Of Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person or
			 business entity that is not licensed by the board, or who has not renewed a
			 license within the preceding 24 months, may be sued for injunctive relief in a
			 court of competent jurisdiction.
(2) If the board obtains injunctive relief in
			 a Court of Law, the individual or business entity shall be subject to a one
			 thousand-dollar ($1, 000.00) fine for each instance of performing locksmith,
			 alarm, CCTV, or other activity regulated by this Chapter, while unlicensed by
			 the Board.
(3) In any civil or
			 administrative action initiated by the board, the Board may seek court costs,
			 reasonable attorney's fees, and reasonable investigatory fees that the board
			 has incurred investigating a complaint, hearing a complaint, or negotiating the
			 settlement of a complaint.
Author:
Lynne Taunton
Statutory Authority:
Code of Ala.
				  1975
, §34-1A.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-1 - GENERAL › Section 305-0-1-.01 - Establishment Of Department

Current through Register Vol. 42, No. 9, June 28, 2024
The Department of Economic and Community Affairs was
				established by Act No. 83-194, Second Special Session 1983, to consolidate the
				office of State Planning and Federal Programs, the Office of Employment and
				Training, the Alabama Law Enforcement Planning Agency, the Alabama Department
				of Energy, and the Office of Highway and Traffic Safety for the purpose of
				coordinated and comprehensive planning of programs administered under these
				offices.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-23-1 through
				  41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-1 - GENERAL › Section 305-0-1-.02 - Adoption By Reference

Current through Register Vol. 42, No. 9, June 28, 2024
Any federal or state law or regulation hereafter cited within
				any rule of any Division of this Department as a referral basis for that rule
				shall be considered to be an adoption of that law or regulation by this
				Department. Copies of each such law or regulation thus cited as a referral
				basis for a rule shall be properly filed with the Legislative Reference Service
				and with the Secretary of the Department in accordance with the Alabama
				Administrative Procedure Act.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-23-1 through
				  41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-1 - GENERAL › Section 305-0-1-.03 - Obtaining Copies Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
A copy of any rule adopted by reference and found within the
				Code of Administrative Procedure of the Department of Economic and Community
				Affairs may be obtained from the office of the Secretary of the Department of
				Economic and Community Affairs upon written request and a fee of 25 cents per
				page.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-23-1 through
				  41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-1 - GENERAL › Section 305-0-1-.04 - Amendment Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
Any person who wishes to propose that the Department adopt,
				amend, or repeal any rules herein may do so by submitting the proposal in
				writing to the Department Secretary and including the proposing party's name,
				address, telephone number, date, and signature. The proposal will be considered
				in accordance with the provisions of the Alabama Administrative Procedure Act,
				which shall also govern the procedures for contesting the decision of the
				Department.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §41
				  41-23-1
				  through
				  41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This regulation sets forth an agency-wide debarment and
				suspension policy for ADECA.
(1) A
			 person that is debarred or suspended shall be excluded from federal and state
			 financial and nonfinancial assistance and benefits under ADECA programs and
			 activities. Debarment or suspension of a participant in one program or division
			 shall have agency-wide effect.
(2)
			 This policy shall also set forth:
(a) The
			 programs and activities covered by the agency-wide system.
(b) The agency-wide criteria and minimum due
			 process procedures to be used.
(c)
			 Provisions for a listing of debarred and suspended participants.
(d) The consequences of a debarment or
			 suspension.
Author:
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Adequate
			 evidence. Information sufficient to support the reasonable belief that a
			 particular act or omission has occurred.
(2) Affiliate. Persons are affiliates of each
			 other if, directly or indirectly, either one controls or has the power to
			 control the other, or, a third person controls or has the power to control
			 both. Indicia of control include, but are not limited to: interlocking
			 management or ownership, identity of interests among family members, shared
			 facilities and equipment, common use of employees, or a business entity
			 organized following the suspension or debarment of a person which has the same
			 or similar management, ownership, or principal employees as the suspended,
			 debarred, ineligible, or voluntarily excluded person.
(3) Agency/ADECA. The Alabama Department of
			 Economic and Community Affairs.
(4)
			 Division. A subsection of ADECA as designated by the Director, or state
			 law.
(5) Civil judgment. The
			 disposition of a civil action by any court of competent jurisdiction, whether
			 entered by verdict, decision, settlement, stipulation, or otherwise creating a
			 civil liability for the wrongful acts complained of; or a final determination
			 of liability under the Program Fraud Civil Remedies Act of 1988 (  31 U.S.C.
			 3801-12).
(6) Conviction. A
			 judgment of conviction of a criminal offense by any court of competent
			 jurisdiction, whether entered upon a verdict or a plea, including a plea of
			 nolo contendere.
(7) Covered
			 transaction. Any activity funded in part or in whole with funds administered,
			 granted, or disbursed by ADECA. This includes grants, projects, contracts for
			 work paid for through ADECA funds, etc.
(8) Debarment. An action taken by a debarring
			 official in accordance with these regulations to exclude a person from
			 participating in covered transactions. A person so excluded is
			 "debarred."
(9) Debarring official.
			 An official authorized to impose debarment. The debarring official is either:
(a) The Director.
(b) An official designated by the
			 Director.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.03 - Coverage

Current through Register Vol. 42, No. 9, June 28, 2024
These regulations apply to all persons who have participated,
				are currently participating, or may reasonably be expected to participate in
				transactions with and/or through ADECA programs, hereafter referred to as
				covered transactions.
(1) Grantees.
			 Recipients of funding and/or services through ADECA by means of a contractual
			 arrangement.
(2) Subrecipients. Any
			 person having a contract with a grantee or recipient specific to an ADECA
			 program.
(3) Donees. Any
			 agency/organization, public or non-profit eligible I.A.W. State or Federal laws
			 to participate in the State Surplus Property Program.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§ 41-22-1-27,
				  41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.04 - Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In order to
			 protect the public interest, it is the policy of ADECA to conduct business only
			 with responsible persons. Debarment and suspension are discretionary actions
			 that, taken in accordance with these regulations, are appropriate means to
			 implement this policy.
(2)
			 Debarment and suspension are serious actions which shall be used only in the
			 public interest and for ADECA's protection and not for purposes of punishment.
			 ADECA may impose debarment or suspension for the causes and in accordance with
			 the procedures set forth in these regulations.
(3) When more than one division or program
			 has an interest in the proposed debarment or suspension of a person,
			 consideration shall be given to designating one division as the lead for making
			 the decision.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§ 41-22-1-27,
				  41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.05 - Effect of Action - Debarment or Suspension

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except to the extent prohibited by law
			 persons who are debarred or suspended shall be excluded as either
			 grantee/recipients or subrecipients from any ADECA program throughout the
			 period of their debarment or suspension.
(2) Exception provision. ADECA may grant an
			 exception permitting a debarred or suspended person to participate in an ADECA
			 program upon a written determination by the Director or an authorized designee
			 stating the reasons for deviating from the policy.
(3) Continuation of Existing Activity. At the
			 discretion of the debarring officer an on-going program or contractual
			 arrangement may be carried out to completion notwithstanding the debarment or
			 suspension.
(4)
			 Grantees/recipients/donees shall not renew or extend covered transactions with
			 any person who is debarred or suspended except as shown in (C) above.
Author:
Statutory Authority:
Code of Ala.
				  1975
, § 541-22-1-27,
				  41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.06 - Debarment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The debarring
			 official may debar a person for any of the causes listed as follows using the
			 procedures established in these regulations. The existence of a cause for
			 debarment, however, does not necessarily require that the person be debarred;
			 the seriousness of the acts or omissions and any mitigating factors shall be
			 considered.
(2) Debarment may be
			 imposed for the following reasons or causes:
(a) Conviction of or civil judgment for:
1. Commission of fraud or a criminal offense
			 in connection with obtaining, attempting to obtain, or performing a public or
			 private agreement or transaction;
2. Violation of federal or state antitrust
			 statutes, including those proscribing price fixing between competitors,
			 allocation of customers between competitors, and bid rigging;
3. Commission of embezzlement, theft,
			 forgery, bribery, falsification or destruction of records, making false
			 statements, receiving stolen property, making false claims, or obstruction of
			 justice; or
4. Commission of any
			 other offense indicating a lack of business integrity or business honesty that
			 seriously and directly affects the present responsibility of a
			 person.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.07 - Suspension

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General.
(a) The suspending official may suspend a
			 person for any of the causes listed as follows using procedures established in
			 these regulations.
(b) Suspension
			 is a serious action to be imposed only when:
1. There exists adequate evidence of one or
			 more of the causes set out in these regulations and
2. Immediate action is necessary to protect
			 the public interest.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-2 - ADECA DEBARMENT AND SUSPENSION POLICY › Section 305-0-2-.08 - ADECA's Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with these guidelines, ADECA shall compile,
				maintain, and distribute a list of all persons who have been debarred,
				suspended, or voluntarily excluded by ADECA, and those who have been determined
				to be ineligible.
Authors:
Robert H. Pruit, Paula L.
				Murphy
Statutory Authority:
Code of Ala.
				  1975
, §
										41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-3 - ELECTRONIC RECORDS AND SIGNATURES POLICY › Section 305-0-3-.01 - Legal Basis

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Uniform Electronic Transactions Act ("UETA"),
				Section 8-1A-1 et seq. of the
Code of Ala. 1975
,
				enacted in 2002, Is intended to facilitate the use of electronic signatures and
				other records in business, commercial, and governmental transactions. The Act
				promotes, but does not require, the use of electronic signatures and creation
				of electronic documents. Section 8-1A-18(a) provides that "each government
				agency of this state with rule-making authority...may determine by rule
				whether, and the extent to which, it will send and accept electronic records
				and electronic signatures to and from other persons and otherwise create,
				generate, communicate, store, process, use, and rely upon electronic records
				and electronic signatures." Section 8-1A-12(a) provides that an electronic
				record meets other state law requirements for record retention if the
				electronic record both accurately reflects the original document and is
				accessible for later reference. Section 8-1A-12(f) provides that a record
				retained as an electronic record satisfies a law requiring a person to retain a
				record for evidentiary, audit, or like purposes, unless otherwise prohibited by
				law. Section 8-1A-12(g) provides that additional requirements for record
				retention on agencies may be placed on agencies by the State Records
				Commission, Local Government Records Commission, or other governmental
				agencies.
Authors:
Kevin W. Blackburn, Clay Weaver
Statutory Authority:
Code of Ala.
				  1975
, §§
										8-1A-7, 8-1A-12, 8-1A-13, 8-1A-17,
				  8-1A-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-3 - ELECTRONIC RECORDS AND SIGNATURES POLICY › Section 305-0-3-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
Except as otherwise specified in this rule, undefined terms
				have the respective meanings set forth in the Act. Notwithstanding the
				foregoing, the following words in this rule shall have the following
				meanings:
(a) Act or UETA. Alabama
			 Uniform Electronic Transaction Act,
Code of Ala. 1975
,
			 Section 8-1A-1 et seq.
(b) ADECA.
			 The Alabama Department of Economic and Community Affairs, as established in
Code of Ala. 1975
, Section 41-23-1.
(c) Records Disposition Authority or RDA. An
			 agency-level records retention schedule issued by the State Records Commission
			 under the authority granted by the
Code of Ala. 1975
,
			 Sections 41-13-5 and 41-13-20 through 21
(d) State Records Commission. The State
			 Records Commission, as established in
Code of Ala.
			 1975
, Section 41-13-20.
Authors:
Kevin W. Blackburn, Clay Weaver
Statutory Authority:
Code of Ala.
				  1975
, §§
										8-1A-7, 8-1A-12, 8-1A-13, 8-1A-17,
				  8-1A-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-3 - ELECTRONIC RECORDS AND SIGNATURES POLICY › Section 305-0-3-.03 - Use Of Electronic Signatures And Electronic Records

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with Section 8-1A-18(a) of the
Code
				of Ala. 1975
, ADECA hereby establishes that to the fullest extent
				permitted by the Act and except as otherwise provided in this administrative
				rule, ADECA will send and accept electronic records and electronic signatures
				to and from other persons and otherwise create, generate, communicate, store,
				process, use, and rely upon electronic records and electronic signatures. In
				accordance with Section 8-1A-18(b), ADECA's use of electronic records and
				electronic signatures will comply with the following requirements:
(a) Provide an identical copy of the original
			 signed and executed document to the signer.
(b) Ensure non-repudiation; that the signer
			 cannot deny the fact that he or she electronically signed the
			 document.
(c) Capture information
			 about the process used to capture signatures (i.e. create an audit trail),
			 including but not limited to:
1. IP
			 address;
2. Date and time stamp of
			 all events;
3. All web pages,
			 documents, disclosures, and other information presented;
4. What each party acknowledged, agreed to,
			 and signed.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › Chapter 305-0-3 - ELECTRONIC RECORDS AND SIGNATURES POLICY › Section 305-0-3-.04 - Creation And Retention Of Electronic Records

Current through Register Vol. 42, No. 9, June 28, 2024
. In accordance with Section 8-1A-17 of the
Code of
				Ala. 1975
, ADECA hereby establishes that to the fullest extent
				permitted by the Act and except as otherwise provided in this administrative
				rule, it will create and retain electronic records. Any such electronic records
				will be retained in compliance with State Records Commission requirements,
				including the records retention schedules set forth in the ADECA Records
				Disposition Authority. ADECA may create a retrievable electronic record or
				copy, by optical scan or otherwise, of paper original documents or make other
				images or paper copies which accurately reproduce the originals and may destroy
				original paper documents so copied as specified in the RDA. Electronic copies
				of original documents, when certified by an authorized ADECA record custodian,
				are admissible in ADECA administrative proceedings as authorized by the Act as
				though they were the original document. The electronic document retains the
				confidential or public document characteristics of the original
				document.
Authors:
Kevin W. Blackburn, Clay Weaver
Statutory Authority:
Code of Ala.
				  1975
, §§
										8-1A-7, 8-1A-12, 8-1A-13, 8-1A-17,
				  8-1A-18.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › EMPLOYMENT AND TRAINING DIVISION › Chapter 305-1-1 - EMPLOYMENT AND TRAINING DIVISION (REPEALED) › Section 305-1-1-.01 - Background. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Executive Order No. 34,
					 1980.
Code of Ala.
1975
,
					 §§
											41-23-1 thru
					 41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › EMPLOYMENT AND TRAINING DIVISION › Chapter 305-1-1 - EMPLOYMENT AND TRAINING DIVISION (REPEALED) › Section 305-1-1-.02 - Purpose. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Executive Order No. 34,
					 1980.
Code of Ala.
1975
,
					 §§
											41-23-1 thru
					 41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › EMPLOYMENT AND TRAINING DIVISION › Chapter 305-1-1 - EMPLOYMENT AND TRAINING DIVISION (REPEALED) › Section 305-1-1-.03 - Adoption Of Federal Rules By Reference. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Executive Order No. 34,
					 1980.
Code of Ala.
1975
,
					 §§
											41-23-1 thru
					 41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › EMPLOYMENT AND TRAINING DIVISION › Chapter 305-1-1 - EMPLOYMENT AND TRAINING DIVISION (REPEALED) › Section 305-1-1-.04 - General Description Of Organization And Operation. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Executive Order No. 34,
					 1980.
Code of Ala.
1975
,
					 §§
											41-23-1 thru
					 41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › EMPLOYMENT AND TRAINING DIVISION › Chapter 305-1-1 - EMPLOYMENT AND TRAINING DIVISION (REPEALED) › Section 305-1-1-.05 - Amendment Of Rules. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Executive Order No. 34,
					 1980.
Code of Ala.
1975
,
					 §§
											41-23-1 thru
					 41-23-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › ENERGY DIVISION › Chapter 305-2-1 - GENERAL › Section 305-2-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Energy Division's duties are to formulate a state energy
				  policy, to report to the Governor and annually to the legislature, to inventory
				  the state's energy requirements and supplies, to formulate a state energy
				  management program, to formulate an energy emergency plan, to monitor and/or
				  administer energy related programs, to serve as an energy information
				  clearinghouse, to keep proprietary information confidential, to administer
				  educational and training programs, to review state government energy practices,
				  to assist state institutions when applying for energy related contracts, to
				  review the state's revenue-producing practices for their impact on energy use
				  and development, to provide for research, to receive federal and private funds,
				  to enter into contracts, and to promulgate rules requiring the submission of
				  energy related information, and to ensure energy conservation in state
				  government, and to establish advisory groups.
Author:
Statutory Authority:
Code of Ala.
					 1975
, §§
											41-6A-1 through
					 41-6A-11.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › ENERGY DIVISION › Chapter 305-2-1 - GENERAL › Section 305-2-1-.02 - Alabama Energy Management And Conservation Act Of 1980

Current through Register Vol. 42, No. 9, June 28, 2024
This act created the Alabama Department of Energy which was
				  in response to a legislative finding that the development, management and
				  efficient use of energy resources requires a comprehensive and coordinated
				  effort on the part of the state.
Author:
Statutory Authority:
Code of Ala.
					 1975
, §§
											41-6A-1 through
					 41-6A-11.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › ENERGY DIVISION › Chapter 305-2-2 - ENERGY DIVISION PROGRAMS › Section 305-2-2-.01 - Weatherization Assistance For Low-Income Persons (WAP)

Current through Register Vol. 42, No. 9, June 28, 2024
Federal rule for the WAP are found in the Code of Federal
				  Regulations at  10 CFR Part 440 . Each year a Weatherization plan is drafted by
				  the Energy Division of the Department of Economic and Community Affairs and is
				  submitted to the U.S. Department of Energy for approval.
Author:
Statutory Authority:
Energy Conservation in
					 Existing Buildings Act of 1976.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › ENERGY DIVISION › Chapter 305-2-2 - ENERGY DIVISION PROGRAMS › Section 305-2-2-.02 - Institutional Conservation Program (ICP)

Current through Register Vol. 42, No. 9, June 28, 2024
Federal rules relating to this program are found at 10 CFR
				  Parts 450, 455 and were published in the Federal Register dated April 2, 1979
				  and May 21, 1981. Other rules for this program come in the form of Program
				  Directive Memoranda (PDM). The PDMs are general guidance that is provided by
				  the Department of Energy. Each year an application is submitted to DOE to
				  administer this program.
Author:
Statutory Authority:
National Energy
					 Conservation Policy Act (NECPA), Pub. L. 95-619.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › ENERGY DIVISION › Chapter 305-2-2 - ENERGY DIVISION PROGRAMS › Section 305-2-2-.03 - State Energy Conservation Plan (SECP)

Current through Register Vol. 42, No. 9, June 28, 2024
The federal regulations that govern this program are found at
				   10 CFR Part 420 . A state plan application is also submitted each year for the
				  SECP and for DOE's approval.
Author:
Statutory Authority:
Energy Policy and
					 Conservation Act, Pub. L. 94-163.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › ENERGY DIVISION › Chapter 305-2-2 - ENERGY DIVISION PROGRAMS › Section 305-2-2-.04 - Energy Extension Service (EES)

Current through Register Vol. 42, No. 9, June 28, 2024
The federal rules for the EES are found at  10 CFR Part 465, as amended July 18, 1983. A state plan is submitted for the EES each year for
				  DOE's approval.
Author:
Statutory Authority:
National Energy Extension
					 Service Act, Title V, Pub. L. 95-39.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This regulation implements Section 675 (c)(11) of the
				  Community Services Block Grant Act [ Public Law 97-35, as amended;  42 U.S.C. §
										9904(c)(11)  ], establishes and defines the Eligible Entity Fair Hearing
				  Policy and Procedure for the ADECA Community Services Division, establishes and
				  defines fair hearing requirements for eligible entities that receive Community
				  Services Block Grant funding from ADECA pursuant to said Community Services
				  Block Grant Act, implements the Eligible Entity Fair Hearing Policy and
				  Procedure requirements for the ADECA Community Services Division, and defines
				  ADECA and eligible entity recipient responsibilities for implementation and
				  compliance with this policy and these procedural requirements.
Author:
Statutory Authority:
P.L. 97-35, as amended;
					 42 U.S.C.
					 §9904(c)(11).
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.02 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
The effective date of this policy and procedure shall be
				  immediately.
Author:
Statutory Authority:
P.L. 97-35, as amended;
					 42 U.S.C.
					 §9904(c)(11).
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Agency/ADECA
. The Alabama Department of Economic and
				Community Affairs (ADECA).
(2)
Application
. The Community Services Block Grant
				application submitted annually to the Secretary of the United States Department
				of Health and Human Services by the State of Alabama, Alabama Department of
				Economic and Community Affairs (ADECA), and/or the Community Services Division
				of ADECA.
(3)
Chief
				Executive Officer of the State
. The Governor of the State of
				Alabama.
(4)
Community
				Services Block Grant Act
. The Community Services Block Grant Act,
				Public Law 97-35, as amended;  42 U.S.C. §
										9901
et
				seq
.
(5)
Community Services Block Grant Funds
. Federal grant
				funds received by the State of Alabama, Alabama Department of Economic and
				Community Affairs (ADECA), and/or the Community Services Division of ADECA
				pursuant to submission of an annual grant application to the Secretary of the
				United States Department of Health and Human Services, which grant funds are
				then awarded among the eligible entities within the State of Alabama pursuant
				to the Community Services Block Grant Act and the grant regulations promulgated
				by the United States Department of Health and Human Services, ADECA, and/or the
				Community Services Division of ADECA.
(6)
Community Services
				Division
. The Community Services Division of the Alabama
				Department of Economic and Community Affairs (ADECA).
(7)
Director
. The
				Director of the Alabama Department of Economic and Community Affairs
				(ADECA).
(8)
Eligible
				Entity
. An officially designated community action agency or
				community action program as defined in the Community Services Block Grant Act,
				which agency or program is presently operating within the State of Alabama, and
				which agency or program receives funding through ADECA and/or the Community
				Services Division of ADECA from funds provided by the Community Services Block
				Grant Act.
(9)
Fiscal
				Year
. The annual budget and grant administration period which
				begins on October 1 and ends on September 30 of the following year.
(10)
For Cause
.
(a) For purposes of making a determination
				with respect to a funding reduction, the term "for cause" shall include:
1. a statewide redistribution of funds under
				the Community Services Block Grant Program chapter, codified at 42 U.S.C.S.
				§§9901,
et seq.
, to respond to:
(i) the results of the most recently
				available census or other appropriate data;
(ii) the establishment of a new eligible
				entity;
(iii) severe economic
				dislocation;
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.04 - Coverage

Current through Register Vol. 42, No. 9, June 28, 2024
This policy and procedure shall apply to eligible entities,
				  and subgrantees who have participated in, or who are presently participating
				  in, or who may reasonably be expected to participate in the Community Services
				  Block Grant Act program, and/or receive grant funds pursuant thereto, as
				  administered by the State of Alabama, ADECA, and/or the Community Services
				  Division of ADECA.
Author:
Statutory Authority:
P.L. 97-35, as amended;
					 42 U.S.C.
					 §9901 et seq.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.06 - Fair Administrative Hearing Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
The following procedure will be followed in the event that an
				  eligible entity or subgrantee submits a request for a fair and impartial
				  hearing to be held on the record concerning the recommended
reduction
or
termination
action(s), pursuant to subparagraph
				  305-2-3-.05(6)(b) herein.
(1) When the Director of ADECA
				receives from an eligible entity or subgrantee a written request for a fair and
				impartial hearing to be held on the record concerning the recommended
reduction
or
termination
action(s), the Director of ADECA shall deliver a notification in writing,
				addressed to said eligible entity or subgrantee, within five (5) days after
				receipt of the written request for a fair and impartial hearing, which
				notification shall be served upon said eligible entity or subgrantee by
				certified mail, telex, telegram, personal delivery, or other mode of written
				communication as the Director of ADECA shall so prescribe, and which
				notification shall include the following information:
A statement that said eligible entity's or subgrantee's
				  written request for a fair and impartial hearing has been received by the
				  Director of ADECA within the ten (10) calendar day time limit.
A second notification shall be delivered as soon as a hearing
				  officer has been appointed. This notification shall include the following
				  information:
(a) The name of the
				official who has been appointed to serve as the hearing officer for this
				hearing, and the scheduled date, time and location for the hearing. The
				scheduled hearing date shall be at least thirty (30) days following the date of
				the original written notification of recommended
reduction
or
termination
action(s).
(b) A statement of the
				facts of the situation and the recommended
reduction
or
termination
action(s) to be taken against the
				eligible entity or subgrantee, which constitute the subject for the fair and
				impartial hearing on the record.
(c) A statement informing the eligible entity
				or subgrantee of the name of the proper contact person within ADECA, and that
				contact person's ADECA mailing address and telephone number, as the designated
				person to contact for questions or further information concerning the scheduled
				hearing.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.07 - Hearing Officer's Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
The official who shall be duly appointed to serve as a
				  hearing officer pursuant to this policy and procedure shall do and perform any
				  and all duties necessary to properly implement this policy in accordance with
				  the procedure identified herein at Rule
				  305-2-3-.06 and as the Director of ADECA may from time to time so direct.
Author:
Statutory Authority:
P.L. 97-35, as amended;
					 42 U.S.C.
					 §9901 et seq.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.08 - Other Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with this policy, the Director of ADECA shall
				  cause the Community Services Division of ADECA to compile and maintain within
				  the Community Services Division of ADECA a list of all eligible entities or
				  subgrantees who have had a final determination made and directed against them
				  in accordance with this policy and procedure.
Author:
Statutory Authority:
P.L. 97-35, as amended;
					 42 U.S.C.
					 §9901 et seq.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › COMMUNITY SERVICES DIVISION › Chapter 305-2-3 - ELIGIBLE ENTITY FAIR HEARING POLICY AND PROCEDURE › Section 305-2-3-.09 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
If the eligible entity or subgrantee disagrees with the final
				  ruling issued by the Director of ADECA, then said person, eligible entity or
				  subgrantee shall file an appeal with the Secretary of the United States
				  Department of Health and Human Services within ten (10) calendar days of its
				  receipt of that final ruling. Such appeal shall follow the procedures as set
				  forth in the Community Services Block Grant Act,  42 U.S.C. §9905a, and its
				  implementing rules and regulations as governed by the Secretary of the United
				  States Department of Health and Human Services (HHS). ADECA shall provide HHS
				  with relevant information for its review pursuant to said  42 U.S.C.
				  §9905a.
Author:
Statutory Authority:
P.L. 97-35, as amended;
					 42 U.S.C.
					 §9901 et seq.