reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Chapter 473-X-3 - ADMINISTRATIVE PROCEDURE › Section 473-X-3-.01 - Administrative Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may
			 be heard by the Board in person or through an attorney, as long as they file a
			 written request with the Board office. The Board will schedule the appearance
			 at the next regular scheduled meeting, provided the request is received at
			 least fourteen (14) days prior to such meeting; otherwise, the appearance will
			 be scheduled for the second meeting following receipt of the request.
(2) Board meetings shall be conducted
			 following a written agenda, which is provided to each member at least ten (10)
			 days prior to each meeting. The Alabama Open Meetings Act and/or Robert's Rules
			 of Order, short form, shall be used as the parliamentary authority for all
			 meetings of the Board.
(3) Upon
			 receipt of an application and the appropriate fees therefor, the fee shall be
			 deposited into the Home Medical Equipment Fund in the State Treasury pursuant
			 to
Code of Ala. 1975
, Section  34-14 C-7.
(4) If the application is complete and
			 sufficiently meets the standards set by the Board, the Board office shall
			 schedule an inspection, as required.
(5) If the application is not complete, the
			 Board office shall notify the applicant, in writing, of all deficiencies in the
			 application. If the applicant does not return a properly completed application
			 within ninety (90) days, of the notification of deficiency, or, if a completed
			 application cannot be submitted within ninety (90) days, the fee is forfeited
			 and the applicant may reapply.
(6)
			 No one may operate as a Home Medical Equipment Services Provider without a
			 valid license, including during the time a license application is
			 pending.
(7) The licensure
			 application, the form of which is indexed in the appendix to this section,
			 shall include at a minimum, the following information:
(a) Name, physical location, mailing address,
			 and telephone number of the business, including all trade or business names.
1. Name, physical location, mailing address,
			 telephone number and Person in Charge for any other corporate branch or
			 location that may provide home medical equipment and/or services to Alabama
			 customers pursuant to Rule 473-X-3-.02.
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Chapter 473-X-3 - ADMINISTRATIVE PROCEDURE › Section 473-X-3-.02 - In-State Location Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On March 11, 2014, Governor Bentley signed Alabama Act 2014-172 (the "Act") into law, which amended
Code of Ala. 1975
, §
								34-14C-4(a) (as amended) to require each provider of home medical equipment services with a principal place of business outside the state of Alabama, not otherwise exempted from licensure pursuant to
Code of Ala. 1975
, §
								34-14C-5, to maintain at least one physical location within the state, each of which must be licensed by the Board of Home Medical Equipment. By its terms, the Act became effective on June 1, 2014. Previous to the passage of the Act, out of state home medical equipment services providers were not required to maintain a physical location within the state, but were only required to provide a physical location meeting the requirements of Rule 473-X-4-.01, and be subject to inspection by the Board.
A provider of home medical equipment that has a principal place of business outside this state and has established a licensed, instate location may provide home medical equipment and services to its Alabama customers through any corporate branch or location, including an out of state location that is not otherwise eligible for an exemption from licensure pursuant to
Code of Ala. 1975
, §
									34-14C-5, as permitted under the CMS DMEPOS Supplier Standards and applicable regulations. For purposes of this rule, a corporate branch or location does not include a corporate subsidiary or affiliate that would itself require a license from this Board; the branch or location should be a provider of home medical equipment services that is duly licensed in accordance with applicable law in the state in which it is located. The ownership of the provider's licensed instate location, as defined in Rule 473-X-3-.01(7)(h), will be responsible to the Board for any equipment or services provided to the customer by any other corporate branch or location
Author:
The Alabama Board of Home Medical Equipment
Statutory Authority:
Code of Ala. 1975
, §34-14C1 thru §34-14C8, Act #2000-739, HB 419 of the 2000 Regular Session.
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Chapter 473-X-5 - ETHICS › Section 473-X-5-.01 - Ethics

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Dishonorable, unethical or unprofessional
			 conduct within the meaning of Section  34-14 C-6(e)(9),
Code of Ala.
			 1975
,is interpreted to include, but is not limited to, the
			 following acts or practices:
(a) Practicing,
			 condoning, facilitating or collaborating with any form of discrimination
			 against any person or group on the basis of race, color, sex, sexual
			 orientation, age, religion, national origin, marital status, political belief,
			 mental or physical handicap, or any other preference or personal
			 characteristic, condition or status.
(b) Failing to offer all facts regarding
			 services or equipment to the consumer prior to administration of services (such
			 as proper use and maintenance of equipment, warranty information, etc.).
			 Patients and caregivers shall be informed of their rights and obligations
			 regarding the sale, rental, and service of home medical equipment.
(c) Failing to protect the privacy of patient
			 information and disclosing such information without proper authorization,
			 except as required by law.
(d)
			 Performing or allowing employees to perform professional services beyond their
			 scope of practice and competency.
(e) Failing to establish and maintain client
			 records.
(f) Intentional submission
			 of fraudulent claims for services to any person or entity, including, but not
			 limited to, health insurance companies or health service plans or third party
			 payors.
(g) Failure to abide by
			 federal and local laws and regulations governing the home medical equipment
			 industry.
(h) Participating,
			 directly or indirectly, with a source of patient referrals, in any arrangement
			 which interferes with a consumer's right to choose a home medical equipment
			 supplier.
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Chapter 473-X-7 - APPEAL TO THE BOARD › Section 473-X-7-.01 - Appeal To The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any entity or person against whom an administrative fine has been levied by the board for providing home medical equipment services without a license as required under Section 34-14C-4,
Code of Ala. 1975
, or who has been administratively enjoined from providing home medical equipment services without such a license, shall be entitled to pursue an appeal through the Board for reconsideration of such decisions rendered after a contested case proceeding. This rule shall also govern appeals of inspection results from any entity or person to whom a written notice of failure to pass inspection has been issued by the board.
(2) The Board shall entertain written requests for reconsideration of inspection results or of its decision in a contested case proceeding as set forth in paragraph (1) above in an appeal hearing by either party thereto if timely submitted within thirty (30) days from the rendition of said decision in a written final order adopted by the Board.
(3) The request should be based upon newly discovered evidence which would justify relief from the decision rendered.
(4) Such requests should include, by written memorandum or brief, the detailed basis for such reconsideration. The opposing party shall have the opportunity to present a written reply memorandum or brief challenging such basis within thirty (30) days from the submission of the request for reconsideration.
(5) The Board shall review the written arguments of the parties at its next regular or special meeting and, based upon such review, determine in its discretion by a majority vote of a quorum of its members whether to sustain its previous decision or grant such relief from the decision as may be appropriate. In reviewing the request, the Board may, at its sole discretion, hear further oral argument or new sworn testimony or suggest supplemental responses. The Board shall render a written order setting forth the determination of the Board within thirty (30) days of the vote reflecting the determination of the Board.
(6) The filing of the request for reconsideration shall be at the option of the parties and should not be deemed as a prerequisite to, or hindrance of, either party's right to judicial review of a Board decision in accordance with the procedures provided under the Alabama Administrative Procedure Act, Chapter 22, Title 41,
Code of Ala. 1975
.
Author:
The Alabama Board of Home Medical Equipment Services Providers
Statutory Authority:
Code of Ala. 1975
, §
										34-14C-6(c)
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Chapter 473-X-8 - RENEWAL OF LICENSE › Section 473-X-8-.01 - Renewal Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Home Medical Equipment license shall be valid for one (1) year, expiring on August 31st of each year; however, the initial licensure period for any given license may be prorated so that its expiration date coincides with the August 31st renewal date for all valid licenses. The license fee will not be prorated for abbreviated licenses issued. A license may still be renewed within the sixty (60) day period following the expiration date of August 31st upon payment of both the required renewal fee of two hundred and fifty dollars ($250) and a late fee of one hundred and fifty dollars ($150).
(2) Failure to renew within sixty (60) days after the expiration date of the current licensure will result in a lapsed license. Home Medical Equipment Services Providers will not be permitted to provide home medical equipment services with a lapsed license. Licensees who operate under lapsed licenses shall be subject to the penalties established under Section 34-14-C-6,
Code of Ala. 1975
.
(3) One (1) renewal notice will be provided by U.S. Mail to the licensee's last address of record sixty (60) days prior to the renewal date. Licensees are responsible to maintain a current mailing address with the Board. One final renewal notice will be placed by an automated calling service on August 21st to licensees who have not renewed by this date.
(4) To be eligible for renewal, an applicant shall:
(a) Hold a valid, active Alabama license; and
(b) Timely submit a completed and signed renewal application and required fee(s) to the Board. The renewal application shall include an acknowledgement that the ownership of the licensed instate location being renewed, as defined in Rule 473-X-3-.01(7)(h), shall be responsible to the Board for any home medical equipment and/or services provided to an Alabama customer by any corporate branch or location other than the licensed instate location, as provided under Rule 473-X-3-.02(2).
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Appendix I - FEES

Current through Register Vol. 42, No. 9, June 28, 2024
$250
License/Renewal Fee (per location)
$500
Initial Inspection Fee (per location)
$250
Re-Inspection Fee
$275
Site Inspection Fee upon Change of Physical Location
$150
Late Renewal Fee
$1,000
Processing Fee per Out of State Corporate Branch or Location Providing Services on Behalf of the Licensed Location
Author:
Alabama Board of Home Medical Equipment
Statutory Authority:
Code of Ala. 1975
, §34-14C8, Act #2000-739, HB 419 of the 2000 Regular Session.
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Appendix II - FORMS ASSOCIATED WITH THESE RULES AND REGULATIONS

Current through Register Vol. 42, No. 9, June 28, 2024
Application for Initial License
Application for License Renewal
Application for change in address, control, or person in charge
Consumer complaint
Request for Hearing or Inclusion on Agenda
Site Inspection Form
Author:
Larry Ready
Statutory Authority:
Code of Ala. 1975
, §34-14C1 thru §34-14C8, Act #2000-739, HB 419 of the 2000 Regular Session.
Alabama Administrative Code › Title 475 - ALABAMA INDIAN AFFAIRS COMMISSION › Chapter 475-X-3 - PROCEDURES AND CRITERIA FOR THE RECOGNITIONOF INDIAN TRIBES, BANDS, GROUPS AND ASSOCIATIONS › Section 475-X-3-.01 - Procedure For Recognition

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Petitioner shall submit to the Alabama Indian Affairs Commission a petition requesting state recognition which contains the information described below. The petition must indicate the type of recognition sought as specified in Rule No. 475-X-3-.02 of these regulations.
(2) A decision in favor of recognition must be rendered by a simple majority of the commission members. The time period in which the commission may research and verify the petition shall not exceed one (1) year from the date upon which all evidence required from the petitioner is delivered to the office of the commission.
(3) A decision of denial may be timely appealed. Such appeal for reconsideration must be made not later than 30 days from the date of the commission decision. The request for reconsideration shall specify one of the following categories:
(a) Appeal with New and/or Additional Evidence:
1. Petitioner shall prepare an appeal of petition which presents new or additional evidence not previously presented to the commission for consideration. Petitioner shall have 90 days from the date of the request for reconsideration within which to submit said new or additional evidence.
Alabama Administrative Code › Title 475 - ALABAMA INDIAN AFFAIRS COMMISSION › Chapter 475-X-3 - PROCEDURES AND CRITERIA FOR THE RECOGNITIONOF INDIAN TRIBES, BANDS, GROUPS AND ASSOCIATIONS › Section 475-X-3-.02 - Types Of Recognition

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An "Indian Tribe, Band, or Group" is a population of Indian people related to one another by blood through their Indian ancestry, tracing their heritage to an Indian tribe, band, or group indigenous to Alabama. No splinter groups, political factions, communities or groups of any character which separate from the main body of a tribe, band, or group currently recognized by the State of Alabama may be considered for recognition by the Commission. A state recognized Indian tribe, band, or group may apply to the Commission on behalf of its members for assistance and information regarding services and benefits to Indians.
(2) An "Indian Association" is an organization of Indian people made up of members of state or federally recognized Indian tribes, bands or groups who have joined together to form such association, the purposes of which are documented by the association's bylaws or constitution. Ninety percent of the association's membership must be Indian. Membership in an Indian association does not of itself certify an individual as Indian. A state recognized Indian association may apply to the commission on behalf of its Indian members for assistance and information regarding services and benefits to Indians.
Author:
Criteria Committee Draft modified and adopted by Alabama Indian Affairs Commission.
Statutory Authority:
Code of Ala. 1975
, § 41-9-702.
Alabama Administrative Code › Title 475 - ALABAMA INDIAN AFFAIRS COMMISSION › Chapter 475-X-3 - PROCEDURES AND CRITERIA FOR THE RECOGNITIONOF INDIAN TRIBES, BANDS, GROUPS AND ASSOCIATIONS › Section 475-X-3-.03 - Criteria For Recognition As A Tribe, Band Or Group

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Petitioner must meet all criteria as specified in this section.
(2) Petitioner must present a list of at least two hundred and fifty (250) members of the tribe, band, or group (list must be inclusive by name and addresses), unless this requirement is waived by an affirmative vote of three-fourths (3/4) of the membership of the commission.
(3) Petitioner must present evidence that each of its members is a descendent of individuals recognized as Indian members of an historical Alabama tribe, band, or group found on rolls compiled by the federal government or otherwise identified on other official records or documents. Ancestry charts for each member citing sources of documentation must accompany the petition. Each chart must bear the notarized signature of the individual to whom it pertains. Photocopies of such documentation shall be made available to the commission upon request.
(4) Petitioner must present satisfactory evidence that its members form a kinship group whose Indian ancestors were related by blood and such ancestors were members of a tribe, band or group indigenous to Alabama. This evidence may be the equivalent of the ancestry charts required in Section 3 above.
(5) The petitioner must swear or affirm the following:
(a) No individual holding or eligible for membership in a federally or state recognized tribe, band or group may be accepted for membership in the petitioning group.
NOTE: This requirement is for the protection of members of federally or state recognized tribes who might otherwise forfeit services by becoming members of a non-recognized tribal group.
(b) That the criteria used by the petitioner in determining eligibility of individuals for membership includes but is not limited to the requirement of kinship through Indian ancestors who were members of a tribe indigenous to Alabama.
Alabama Administrative Code › Title 475 - ALABAMA INDIAN AFFAIRS COMMISSION › Chapter 475-X-3 - PROCEDURES AND CRITERIA FOR THE RECOGNITIONOF INDIAN TRIBES, BANDS, GROUPS AND ASSOCIATIONS › Section 475-X-3-.04 - Criteria For Recognition As An Indian Association

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be recognized as an Indian association, the petitioner must show at least a ninety percent of its enrolled members are Indian. The remaining members may be either Indian or non-Indian or members of tribes, bands or groups not recognized by the state or federal government.
(2) Petitioner must present to the commission the association's membership list including the names and addresses of all members and the designated tribal affiliation of its Indian members.
(3) A copy of the bylaws and constitution or purpose clause of the petitioning group must accompany said petition and be received by the commission.
(4) The petitioner must swear or affirm that at least ninety percent of its membership is Indian. No petition shall be granted a hearing where it is shown that the association, its bylaws, or purpose clause is contrary to public policy.
Author:
Criteria Committee Draft modified and adopted by Alabama Indian Affairs Commission.
Statutory Authority:
Code of Ala. 1975
, § 41-9-702.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.01 - Alabama Department Of Labor

Current through Register Vol. 42, No. 9, June 28, 2024
Effective October 1, 2012, the Alabama Department of Industrial
				Relations and the Alabama Department of Labor merged into one agency. As a
				result of the merger, the surviving agency is the Alabama Department of Labor.
				By this rule, it is the specific intent that wherever the name "Alabama
				Department of Industrial Relations" appears in these administrative rules, it
				shall thereafter be substituted with the name "Alabama Department of Labor". It
				is furthermore the specific intent that wherever the title "Director" appears
				in these administrative rules, it shall thereafter be substituted with the
				title "Commissioner".
Author:
G. Thomas Surtees, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-8
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.04 - Information Requests By State And Federal Agencies, Public Officials And Law Enforcement Officials: Inspection And Copying Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
The Director may release any information authorized to be
				released under the provisions of subsection (b) of
Code of Ala.
				1975
, §
								25-4-118, to any Federal or State
				agency, institution of higher education, public official or law enforcement
				officer. The Director may require that a request for information under §
								25-4-118(e) be
				made by written application to the Director. In that application must be signed
				by the respective agency official or his authorized representative giving
				sufficient information to locate the records, stating as nearly as possible the
				nature of the information requested, and the reason for the request.
				Information thus obtained shall be held confidential by the requesting party
				and its use is subject to the restrictions and criminal sanctions for misuse
				set out under
Code of Ala. 1975
, §
								25-4-116 and §
								25-4-118. Copies of all or parts
				of the records will be provided at current cost as set out under Rule
				480-1-2-.06, which also addresses
				procedural requirements and the method of obtaining information relative
				thereto.
W. F. Willett, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-8.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.05 - Appointment Of Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director shall have the authority to
			 appoint any officer of the Department or other individual as hearing officer to
			 hear and decide any contested case involving the Department, where provided by
			 law or statute, and in which the legal rights, duties or privileges of a party
			 are required by law to be determined by the Department after an opportunity for
			 a hearing. The authority of the Director to appoint a hearing officer shall
			 also extend to all other administrative hearings or reviews where such
			 authority is vested in him by law or statute.
(a) When the Director deems it necessary,
			 appropriate or desirable, he shall remove from the general course and method of
			 operation any such case and appoint a hearing officer.
1. A hearing officer shall be defined as: any
			 officer of the Department of Industrial Relations or any other individual
			 appointed by the Director.
a. As used in any
			 statute, rule or policy relating to the Department of Industrial Relations, the
			 terms "appeals tribunal," "hearing officer," "appeals referee" and "referee"
			 shall be construed as interchangeable, unless clearly indicated to the
			 contrary.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.06 - Resolution Of Disputes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It is
			 the desire and intent of the Department of Industrial Relations to resolve and
			 settle all disputes at the lowest possible level in a non-adversarial posture
			 in order to minimize expense and inconvenience to all parties.
(2) Any party dissatisfied with departmental
			 action is encouraged to seek such informal review as may be provided by
			 statute, rule or policy, or, in the absence of such, as provided for by the
			 intent of this rule.
W. F. Willett, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-8.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.07 - Records Retention

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 records of the Department shall be retained pursuant to the schedule approved
			 by the State Records Commission which is adopted by reference in Rule
			 480-1-1-.03.
(a) Records shall be retained for a longer
			 period of time if so provided by other applicable law or court order.
(b) The Director of Industrial Relations may
			 prescribe a longer retention period than required by law, rule or court
			 order.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.08 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Title 25,
Code of Ala. 1975
, establishes a "Department of
			 Industrial Relations" to be headed by an officer known as the "Director of
			 Industrial Relations."
(2)
			 Executive Office. The Director of Industrial Relations is also designated by
			 statute to be Chief and in immediate charge of the Division of Employment
			 Security which embraces employment service and unemployment compensation. The
			 Director of Industrial Relations is appointed by and is responsible to the
			 Governor and is a member of the Governor's cabinet.
(a) The Assistant Director is also appointed
			 by the Governor.
(b) All other
			 employees of the Department are appointed to their positions in accordance with
			 the Merit System Laws established and maintained by the State Personnel
			 Department.
(c) Statute provides
			 that the Director shall appoint under the Merit System Laws a full-time,
			 salaried director of unemployment compensation and a full-time, salaried
			 director of employment service.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.10 - Review Of Internal Memoranda For Alabama Administrative Procedure Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Administrative Procedure Act provides in substance that each agency regulation
			 standard or statement of general applicability that implements, interprets, or
			 prescribes law or policy or affects the rights of the public is absolutely void
			 unless same is implemented as a formal rule and adopted as required under the
			 provisions of the Alabama Administrative Procedure Act,
Code of
			 Ala. 1975
, §
								41-23-3(9).
(2) All internal numbered series memoranda,
			 e.g. DIR Memoranda, UC Memoranda, ES Memoranda, and WC Memoranda, or other
			 directives and informal memoranda that could possibly effect the rights of the
			 public must be reviewed and preapproved by the General Counsel and the
			 Administrative Procedure Secretary.
(a) The
			 Planning and Systems Analysis Division will control the issuance of numbers for
			 the above mentioned numbered memoranda series. Only after the receipt of a
			 coordination sheet signed by the General Counsel and the Administrative
			 Procedure Secretary will a number be issued for a memoranda.
(b) If it conforms to the definition of a
			 Rule under the Alabama Administrative Procedure Act, the rule making process
			 shall be initiated.
Author:
George Cocoris, General
				Counsel
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-1 - GENERAL ADMINISTRATION-EXECUTIVE DIVISION › Section 480-1-1-.11 - Electronic Filing of New Hire Data

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala.
			 1975
, §
								25-11-5 as amended, requires
			 employers to report certain New Hire data in a method approved by the director.
			 This section allows for the reporting by employers to be done
			 electronically.
(2) On the
			 effective date of this rule, employers with five (5) or more employers are
			 required to electronically register and file New Hire data via the internet or
			 some other means as approved by the director or federal law, unless a waiver is
			 granted by the director or his designee.
(3) A waiver request must be submitted in
			 writing and include the business name and address, state unemployment account
			 number, Federal Identification Number and state the reason(s) why a method
			 other than the prescribed method is necessary. No waiver may be granted for a
			 period longer than 1 year. Employers with less than 5 employees do not need to
			 request a waiver as they may report by non-electronic means but are encourage
			 to file electronically.
(4) All
			 third party submission of New Hire data must be reported
			 electronically.
(5) The New Hire
			 report shall include the name, address, Social Security number, and date of
			 hire of each newly hired, recalled, or rehired individual and the name,
			 address, and state and federal identification numbers of the employer. The date
			 of hire must be the date services for remuneration were first performed by the
			 newly hired employee. The term newly hired individual means an employee who:
(1) has not previously been reported by the
			 employer or
(2) was previously
			 employed by the employer but has been separated from such prior employment for
			 at least 60 consecutive days.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.01 - Petition For Adoption, Amendment Or Repealer Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any interested person may petition the
			 Department of Labor requesting the adoption, amendment or repeal of a rule.
			 "Department" as referred to in these rules shall include all of the Divisions
			 of the Department of Labor, the Board of Examiners and the Board of
			 Appeals.
(2) A petition shall
			 adhere to the form described below. Petitions not in substantial compliance
			 with the prescribed form shall be returned to the petitioner for correction.
(a) The 60-day time limit described in
Code of Ala. 1975
, §
									41-22-8 shall start with the
			 receipt of the petition, in proper form, by the Department.
(b) The petition shall be on white paper, 8
			 1/2" x 11" in size with no reverse side entries. The original and three legible
			 copies shall be filed with the Department.
(c) The petition shall be delivered by
			 personal service or First-Class Mail to the Alabama Department of Labor, ATTN:
			 Administrative Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery,
			 Alabama 36131.
(d) The petition
			 shall be set out in numbered paragraphs as follows:
1.
Petitioner's
			 name
:
2.
The full address of the petitioner
:
3.
The petitioner's telephone
			 number
:
4.
Action requested
(adoption of the proposed rule,
			 amendment of a rule, or repeal of a rule):
5. (In the case of a petition for adoption)
A concise statement of the proposed rule in rule form
:
(In the case of a petition for amendment or repeal)
A statement of the rule affected
:
6.
A statement of the reasons for
			 the above action
:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.02 - Petition For Declaratory Ruling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A Declaratory Ruling is a formal written
			 ruling issued to members of the public by the Department with respect to the
			 validity of a rule or with respect to the applicability to any person, property
			 or state of facts of any rule or statute enforceable by it or with respect to
			 the meaning and scope of any order of the Department.
(a) A Declaratory ruling is binding on the
			 Department and the person requesting it unless it is altered or set aside by a
			 court in a proper proceeding.
(b)
			 Such rulings are subject to review in the Circuit Court of Montgomery County,
			 unless otherwise specifically provided by statute, in the manner provided in
Code of Ala. 1975
, §
									41-22-12 for the review of
			 decisions in contested cases.
(c)
			 Nothing herein shall prevent any individual from seeking informal advice on any
			 pertinent subject from the Department.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.03 - Methods Of Obtaining Information Or Making Submissions Or Requests

Current through Register Vol. 42, No. 9, June 28, 2024
The public may obtain information or make submissions or
				requests pertaining to any subject not provided for elsewhere by statute or
				rule by contacting the Alabama Department of Labor, ATTN: Administrative
				Procedure Secretary, Room 1801, 649 Monroe Street, Montgomery, Alabama 36131,
				Telephone (205) 956-7470.
(a) Contact
			 may be made by telephone, in person or by First Class Mail.
1. Contact by telephone shall be made between
			 the hours of 9:00 a.m. and 3:00 p.m. on scheduled work days.
2. Contact in person shall be made between
			 the hours of 9:00 a.m. and 3:00 p.m. on scheduled work days, by
			 appointment.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.04 - Public Access To Rules, Orders, Etc

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama Department of Labor
			 Administrative Code, containing all rules adopted by the Department, and all
			 other written statements of policy or interpretations formulated, adopted or
			 used by the Department in the discharge of its functions, shall be available
			 for public inspection and copying, at cost.
(2) All final orders, decisions, and opinions
			 which are issued after October 1, 1982, except those expressly made
			 confidential or privileged by statute or order of court, and an index thereto
			 by name and subject, shall be available for public inspection and copying, at
			 cost.
(3) The rules, orders, etc.
			 referred to in section (1) and (2) of this rule shall be available for
			 inspection and copying between the hours of 9:00 a.m. and 3:00 p.m. on
			 scheduled work days, by appointment.
(a) An
			 appointment may be made at a mutually agreeable time by contacting the Alabama
			 Department of Labor, ATTN: Administrative Procedure Secretary, Room 1801, 649
			 Monroe Street, Montgomery, Alabama 36131, Telephone (205) 956-7470.
(b) Inspection and copying shall be available
			 at the Alabama Department of Labor, Room 1801, 649 Monroe Street, Montgomery,
			 Alabama 36131.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.05 - Advance Notice Of Rulemaking Proceedings. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Neil Smart, Chief, Planning and Systems
				  Analysis Division; Joseph S. Ammons, General Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										25-2-8.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.06 - Copies Of Records - Release Of Information From Departmental Files

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Copies of
			 departmental records and information from departmental files shall be provided
			 to a party requesting same at cost provided that such party has a legal right
			 to the records or information.
(2)
			 The cost shall include all expenses related to the providing of such copies or
			 information, including but not limited to, the cost of records identification
			 and research, labor, expendable supplies, legal review, postage, and computer
			 time.
(a) An estimated cost shall be quoted,
			 upon request, prior to any action being taken.
(b) Financial arrangements, which may include
			 a formal written agreement or contract, shall be made in advance.
(c) Failure on the part of a requestor to act
			 according to (2)(a) and (2)(b) above, shall be interpreted as full knowledge
			 of, and commitment to pay, all costs associated with the request.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.07 - Notification Of Persons Who May Be Affected By The Adoption Of An Emergency Rule

Current through Register Vol. 42, No. 9, June 28, 2024
In the event that the Department finds it necessary to adopt an
				emergency rule under the provisions of
Code of Ala.
				1975
, §
								41-22-5(b), the
				Department shall, prior to indexing and publication, make reasonable efforts to
				apprise the persons who may be affected by such emergency rule as required at
Code of Ala. 1975
, §
								41-22-6(c)(2)
				b.
(a) "Reasonable efforts" as used
			 above, shall consist of the expeditious mailing of a copy of the emergency rule
			 to those persons who have complied with the provisions of rule number
			 480-1-2-.05
Author
: W. F. Willett, Jr.
Statutory Authority
:
Code of Ala.
				  1975
, §
										25-2-8.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.08 - Subscription To The Alabama Department Of Industrial Relations Administrative Code

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 subscription to the Alabama Department of Industrial Relations Administrative
			 Code shall be made available to those persons making written requests beginning
			 in November of 1983 and each November thereafter. A subscription notification
			 mailing list shall be established for this purpose.
(a) A request to be added to the subscription
			 notification mailing list shall be mailed to the Alabama Department of
			 Industrial Relations, ATTN: Administrative Procedure Secretary, Room 543,
			 Industrial Relations Building, 649 Monroe Street, Montgomery, Alabama
			 36130.
(b) Requests shall be in
			 letter form and shall be set out in numbered paragraphs as follows:
1.
Subject
: Request
			 to be added to the subscription notification mailing list.
2.
For
: The Alabama
			 Department of Industrial Relations Administrative Code.
3.
Date of
			 Request
:
4.
Name of Requester
:
5.
Business Name or
			 Affiliation
:
6.
Complete Mailing Address to Which Notice Shall be
Sent
:
7.
Requestor's Telephone Number
:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.09 - Rules Omitted From The Alabama Department Of Industrial Relations Administrative Code

Current through Register Vol. 42, No. 9, June 28, 2024
A compilation of and index to all rules omitted from the
				Alabama Department of Industrial Relations Administrative Code shall be
				published at least annually in the Alabama Administrative Monthly
W. F. Willett, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										25-2-8.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.10 - Delivery Of Notice Of Hearing In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The notice of hearing in contested cases,
			 not elsewhere provided for by rule or statute, shall be delivered to all
			 parties to the proceeding at their last known address or place of business.
(a) Delivery of the notice shall be by First
			 Class Mail and shall be effective upon the deposit of the notice in the U.S.
			 Mail, postage prepaid.
1. The Department
			 shall make a record of the deposit of the notice in the U.S. Mail according to
			 established procedures in the regular course of business.
a. Such record shall constitute prima facie
			 evidence of delivery.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-2 - ADMINISTRATIVE PROCEDURE › Section 480-1-2-.11 - Transcription Of Oral Proceedings In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The testimony taken before a hearing
			 officer relative to a claim for unemployment compensation benefits need not be
			 transcribed unless an appeal is applied for or taken.
(2) In the event no transcript is requested
			 pursuant to this Rule by either party to an appeal to the Board of Appeals, the
			 Board may render its decision on the record, the evidence submitted and the
			 testimony elicited before the Board of Appeals.
(3) The testimony taken before a hearings
			 officer in other contested cases shall be transcribed at the written request of
			 any party.
(4) The expense of the
			 transcription shall be charged to the requesting party.
(5) The written request for transcription
			 shall be transmitted to the office from which notice of hearing was
			 received.
(6) Charge for
			 transcription shall be based upon an hourly rate to be determined at the time
			 of the request.
(a) The hourly rate and an
			 estimated cost shall be quoted before the transcription is made.
(b) The requesting party shall be required to
			 post a deposit equal to the estimated cost but shall be liable for the full
			 amount as determined by the hourly rate.
1.
			 All deposits and additional payments shall be made by cash or cashier's
			 check.
2. Any refund due the
			 requesting party shall be by check issued by the Department and mailed to the
			 requesting party in the regular course of business.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.02 - Filing And Presentation Of Application For Leave To Appeal To The Board Of Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person
			 applying for leave to appeal to the Board of Appeals from a decision of a
			 hearing officer shall file the same within 15 days after notice of such
			 decision shall have been mailed. The application for leave to appeal shall be
			 filed with the Clerk of the Board of Appeals, Alabama Department of Labor, 649
			 Monroe Street, Montgomery, Alabama 36130. Receipt of the application shall
			 constitute filing.
(2) The
			 application shall be in writing or in a form approved by the Director. Such
			 written application may be accompanied by a written statement or brief in
			 support thereof.
(3) Copies of the
			 application for leave to appeal together with copies of any written statements
			 as are filed with the application may be mailed by the Clerk of the Board to
			 each party to the proceeding within 15 days after having been received by the
			 Clerk of the Board.
Authors:
Craig A. Donley, Governmental Affairs
				  Director; Stephen C. McCormick, Governmental Affairs Director
Statutory Authority:
Code of Ala. 1975,
				  §§
										25-2-17,
				  25-4-94.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.03 - Decision Of The Board Of Appeals Appeal Board On Application For Leave To Appeal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Within 30
			 days after the application for Leave to Appeal shall have been received by the
			 Board of Appeals, the Board of Appeals shall either grant or deny the
			 application solely on the basis of the application and the record.
(2)
Disallowance of
			 Application
. If an application for leave to appeal is disallowed
			 by order of the Board notice of the decision shall be mailed to the last known
			 address or place of business of each interested party and shall include a
			 statement of statutory appeal rights.
(3)
Allowance of
			 Application
. If the further appeal is allowed by the Board or if
			 the Board removes an appeal from the hearing officer to the Board and on its
			 own motion assumes jurisdiction of the appeal notification shall be mailed to
			 the last known address or place of business of each interested party.
Authors:
George Cocoris, Carl E.
				Kohler
Statutory Authority:
Code of Ala.
				  1975
, §§
										25-2-17,
				  25-4-94.
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.04 - Remand Of Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Appeals in its discretion, may remand any claim or
				any issue involved in a claim to a hearing officer for the taking of such
				additional evidence as the Board of Appeals may deem necessary. Upon completion
				of the taking of evidence by a hearing officer pursuant to a direction of the
				Board of Appeals the claim or the issue involved in such claim shall be
				returned to the Board of Appeals for its decision thereon.
Authors
: George Cocoris, Carl E. Kohler
Statutory Authority
:
Code of Ala.
				1975
, §§
								25-2-17,
				25-4-94.
History
:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.05 - Hearings By The Board Of Appeals On Its Own Motion

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board of Appeals may remove to itself
			 or transfer to another Hearing Officer the proceedings on any claim pending
			 before a Hearing Officer.
(2) At
			 any time within 15 days after a decision of a hearing officer has been mailed
			 to the claimant and the other parties to the proceeding, and in the absence of
			 the filing by any of the parties to the proceeding, of an Application for Leave
			 to Appeal to the Board of Appeals, the Board of Appeals, on its own motion, may
			 order the parties to appear before it for a hearing on the claim or any issue
			 involved therein.
(3) A hearing by
			 the Board on its own motion shall be held only after giving at least seven
			 days' prior notice to the parties to the proceeding, and shall be heard in the
			 manner prescribed in these rules.
Authors:
George Cocoris, Carl E. Kohler
Statutory Authority
:
Code of Ala.
				1975
, §
§
25-2-17, 25-4-94.
History
:
Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.06 - Scheduling And Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Notice of hearing shall be sent to all parties to the
				proceeding at their last known address or place of business. It is the duty and
				responsibility of each party to inform the Board of any change of address to
				which future notices mailed on the appeal will be delivered to that party.
				Delivery of the notice by mail shall be effective upon the deposit of the
				notice in the United States mail, first class, postage prepaid. The notice
				shall be mailed at least 7 days before date of hearing except that a shorter
				notice period may be used if not prejudicial to the parties and shall
				include:
1. A statement of the time,
			 place and nature of the hearing;
2.
			 A statement of the legal authority and jurisdiction under which the hearing is
			 to be held;
3. A reference to the
			 particular sections of the statutes and rules involved;
4. A short and plain statement of the matter
			 asserted. If the agency or other party is unable to state the matters in detail
			 at the time the notice is served, the initial notice may be limited to a
			 statement of the issues involved. Thereafter upon application, a more definite
			 and detailed statement shall be furnished.
Authors
: George Cocoris, Carl Kohler
Statutory Authority
:
Code of Ala.
				1975
, §§
									25-2-17,
				25-4-94.
History
: