reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-7 - REPAYMENT OF LOANS WITH CASH › Section 635-X-7-.05 - Due Date Of Annual Payments

Current through Register Vol. 42, No. 9, June 28, 2024
The due date of the annual payment shall be June 1. Exceptions
				may be made if extenuating circumstances exist.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-7 - REPAYMENT OF LOANS WITH CASH › Section 635-X-7-.06 - Statement Of Account

Current through Register Vol. 42, No. 9, June 28, 2024
Loan recipients will be sent a statement of their accounts on
				or about May 1 of each year indicating the amount due on June 1.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-7 - REPAYMENT OF LOANS WITH CASH › Section 635-X-7-.07 - Overdue Accounts

Current through Register Vol. 42, No. 9, June 28, 2024
Recipients who do not make payments before July 15, will be
				sent notification that their accounts are overdue.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-7 - REPAYMENT OF LOANS WITH CASH › Section 635-X-7-.08 - Delinquent Accounts

Current through Register Vol. 42, No. 9, June 28, 2024
Accounts will be considered delinquent if the annual payment is
				not received before September 1.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-7 - REPAYMENT OF LOANS WITH CASH › Section 635-X-7-.09 - Referral Of Delinquent Accounts

Current through Register Vol. 42, No. 9, June 28, 2024
Delinquent accounts will be referred, with the approval of the
				executive committee, to the Attorney General for appropriate action.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-7 - REPAYMENT OF LOANS WITH CASH › Section 635-X-7-.10 - Remission Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
All payments received and all unexpended funds at the end of
				the fiscal year (September 30) shall be deposited into the Board's Money Markey
				Fund.
Authors:
J. Matt Bledsoe, Mark Martin
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.01 - Committee On Approved Communities

Current through Register Vol. 42, No. 9, June 28, 2024
A standing committee as defined in
				635-X-1-.06(2) shall be appointed to recommend communities which are acceptable as areas where
				the loan obligations can be repaid by service, as provided in
Code
				of Ala. 1975
, §§
								34-22-63(c),
				34-22-65.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.02 - Identification Of Needy Communities

Current through Register Vol. 42, No. 9, June 28, 2024
The committee shall assume the initiative to identify the
				communities which are in need of additional optometric service and qualify as
				areas in which the loan recipients can repay their obligation by service, as
				provided in
Code of Ala. 1975
, §§
								34-22-63(c),
				34-22-65.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.03 - Evaluation System

Current through Register Vol. 42, No. 9, June 28, 2024
It is the committee's obligation to devise a system to obtain
				the necessary information to evaluate the need of optometric service in a
				community.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.04 - Loan Recipient's Application To Classify Communities As A Needy Area

Current through Register Vol. 42, No. 9, June 28, 2024
The recipient of a loan may petition the Board for approval of
				a community as an area in which he/she may repay his/her obligation with
				service rather than cash.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.05 - Community's Application For Classification As A Needy Area

Current through Register Vol. 42, No. 9, June 28, 2024
Any community or area in the state may petition the Board for
				approval as an area critically in need of additional optometric service. It is
				expected that such a petition will be presented by a responsible officer of the
				community or a representative group of citizens. These petitions shall be
				referred to the Committee on Approved Communities for review and
				evaluation.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.06 - Committee's Report

Current through Register Vol. 42, No. 9, June 28, 2024
The committee shall report at each meeting of the Board. It
				shall present recommendations for approval or disapproval of all areas it has
				investigated since the last meeting.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.07 - Approval As A Needy Area

Current through Register Vol. 42, No. 9, June 28, 2024
A community shall be classified as an approved
				repayment-with-service area in which a loan obligation can be repaid with
				service if two-thirds (2/3) of the vote cast at the meeting of the Board is in
				the affirmative.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-8 - APPROVED AREAS FOR REPAYMENT OF LOANS WITH SERVICE › Section 635-X-8-.08 - List Of Approved Needy Areas

Current through Register Vol. 42, No. 9, June 28, 2024
A list of all communities approved by the Board shall be
				maintained by the chairman and available to all recipients of loans. This can-
				not be considered a listing of all areas in the state which could qualify as
				repayment-with-service areas. Additions can be made as provided above.
				(635-X-8-.02,
				635-X-8-.04 and
				635-X-8-.05)
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-9 - REPAYMENT WITH SERVICE › Section 635-X-9-.01 - Repayment Terms

Current through Register Vol. 42, No. 9, June 28, 2024
Repayment of loans with service will be in accordance with
Code of Ala. 1975
, §
								34-22-63(c), and
				terms of the contract signed by the loan recipients and the chairman of the
				Board. (635-X-5-.01)
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-9 - REPAYMENT WITH SERVICE › Section 635-X-9-.02 - Application To Repay With Service

Current through Register Vol. 42, No. 9, June 28, 2024
A loan recipient who wishes to repay his/her loan with service
				shall file an application for approval with the Board prior to the anticipated
				date to enter the practice of optometry.
(a) The application must name the area and
			 give the approximate date the practice will begin.
(b) The application should present a resume
			 of the conditions in the area which warrant classifying the area as critically
			 in need of additional optometric service.
(c) The Board shall review and evaluate all
			 available information to determine whether or not the area, in the Board's
			 judgement, qualifies as an area critically in need of additional optometric
			 service.
(d) A loan recipient who
			 accepts a position in Alabama public health or serves as an optometrist in a
			 state institution is eligible to apply to repay his/her loan with service
			 rather than cash.
(e) The Board
			 will notify the applicant promptly when a decision has been reached.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-9 - REPAYMENT WITH SERVICE › Section 635-X-9-.03 - Stipulations To Receive Repayment Credit For Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Recipient must limit his/her practice to
			 the approved area, to the approved position in Alabama public health or to the
			 approved position in a state institution. No repayment credit will be allowed
			 if the recipient engages in the practice of optometry in a location outside the
			 approved area, the approved position in Alabama public health or state
			 institution.
(2) Recipients must
			 practice optometry in the approved area, in the approved position in Alabama
			 public health or the approved position in a state institution for a period of
			 one (1) year from the date practice was initiated to receive credit for
			 repayment-with-service. No repayment credit will be earned if practice in the
			 approved area, the approved employment in Alabama public health or state
			 institution is discontinued before the lapse of one (1) year. Interest will be
			 charged on the debt outstanding at the beginning of that year and the cash
			 repayment schedule will resume in accordance with Chapter 635-X-7.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-9 - REPAYMENT WITH SERVICE › Section 635-X-9-.04 - Agreement To Repay With Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A formal agreement stipulating the
			 community or the position in Alabama public health or state institution, years
			 of service, and other pertinent facts shall be signed by the chairman of the
			 Board and each recipient who receives approval to repay his loan with
			 service.
(2) Repayment with service
			 credit will be prorated in the amount of twenty-five percent (25%) of the total
			 outstanding principal per year for each of four (4) years of exclusive
			 optometric practice in an approved community of less than five thousand (5,000)
			 population.
(3) Repayment with
			 service credit will be prorated in the amount of twenty percent (20%) of the
			 total outstanding principal per year for each of five (5) years of exclusive
			 optometric practice in an approved community of more than five thousand (5,000)
			 and less than fifteen thousand (15,000) population.
(4) Repayment with service credit will be
			 prorated in the amount of ten percent (10%) of the total outstanding principal
			 per year for each of five (5) years of exclusive optometric practice in an
			 approved community of more than fifteen thousand (15,000) and less that one
			 hundred thousand (100,000). Repayment, in cash, of one-half (1/2) the principal
			 plus six percent (6%) simple interest annually will be prorated in five (5)
			 annual payments beginning at the end of the first year of practice.
(5) Repayment with service credit will be
			 prorated in the amount of twenty-five percent (25%) of the total outstanding
			 principal per year for each year of service in a position in Alabama in public
			 health or as an optometrist in any state institution approved by the Board.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-10 - VIOLATION OF TERMS TO REPAY WITH SERVICE › Section 635-X-10-.01 - Breach Of Agreement To Repay With Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event a recipient discontinues to
			 fulfill the terms of his agreement to pay-with-service (635-X-9-.04), he/she shall be
			 obligated to repay the cash balance of his/her loan which did not receive
			 repayment-with-service credit.
(2)
			 Interest will accrue at the rate to be determined by the Board on the unpaid
			 balance of the loan beginning at the date the repayment-with-service agreement
			 was breached.
(3) The unpaid
			 balance must be paid in annual payments approved by the Board. The final
			 payment becomes due no later than twelve (12) years after the recipient entered
			 the practice of optometry.
Author:
J. Matt Bledsoe, Mark Martin
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-11 - DISABILITY OR DEATH › Section 635-X-11-.01 - Cancelled Loans

Current through Register Vol. 42, No. 9, June 28, 2024
In the event of death or total and permanent disability of the
				recipient to engage in the practice of optometry, repayment of the loan may be
				excused by the Board, in the exercise of the Board's sound discretion.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-12 - CONTRACTUAL AGREEMENT OF RECIPIENT › Section 635-X-12-.01 - Penalties Of Breach Of Loan Contract

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall follow the procedure stipulated in
Code of Ala. 1975
, §
								34-22-64, in the event a loan
				recipient does not adhere to the terms of the contractual agreement he/she
				signed when accepting the loan. (635-X-5-.01)
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-12 - CONTRACTUAL AGREEMENT OF RECIPIENT › Section 635-X-12-.02 - Accountant's Report

Current through Register Vol. 42, No. 9, June 28, 2024
The accountant shall report to the Board on all delinquent
				accounts at the annual meeting. The Board shall approve any action to be taken
				to bring a delinquent account up to date.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-12 - CONTRACTUAL AGREEMENT OF RECIPIENT › Section 635-X-12-.03 - Executive Committee's Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
The executive committee will be responsible to initiate action
				approved by the Board concerning delinquent accounts.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-13 - ADMINISTRATION OF PROGRAM › Section 635-X-13-.01 - Office To Administer Program

Current through Register Vol. 42, No. 9, June 28, 2024
The executive committee has the authority to engage the
				University of Alabama in Birmingham to equip and maintain an office for the
				administration of the Alabama Optometric Scholarship Loan Program on the
				University of Alabama in Birmingham campus. The cost of equipping and
				maintaining this office shall not exceed the amount required each year to
				administer the scholarship-loan program.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-13 - ADMINISTRATION OF PROGRAM › Section 635-X-13-.02 - Agreement With The University Of Alabama In Birmingham

Current through Register Vol. 42, No. 9, June 28, 2024
Under this agreement the University of Alabama in Birmingham
				will:
(a) provide adequate office
			 space in a convenient location.
(b)
			 maintain the facilities allocated as office space.
(c) provide all office equipment and
			 supplies.
(d) employ with the
			 approval of the executive committee all necessary personnel to carry out the
			 duties of this office. The salary of each employee must be approved by the
			 executive committee. Employees will include:
1. An accountant who will have the
			 responsibility of:
(i) maintaining an accurate
			 and up-to-date record of all transactions between the Board and each
			 recipient.
(ii) depositing all
			 appropriations received from the state treasury in a local bank approved by the
			 executive committee.
(iii)
			 depositing all monies received as payment of loans in the same bank.
(iv) distributing payments to loan
			 recipients.
(v) sending at least
			 one up-to-date statement each year to loan recipients with active
			 accounts.
(vi) serving as secretary
			 to the Board.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-13 - ADMINISTRATION OF PROGRAM › Section 635-X-13-.03 - Annual Appropriation

Current through Register Vol. 42, No. 9, June 28, 2024
The Board will request an exception be made to the state policy
				of distributing appropriated funds consistent with the needs of the
				program.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-13 - ADMINISTRATION OF PROGRAM › Section 635-X-13-.04 - Payment Of Awards

Current through Register Vol. 42, No. 9, June 28, 2024
Checks in the amount to pay loan recipients one-third (1/3) of
				their annual award will be distributed on or about October 15, January 15, and
				April 15, provided the approved appropriation is received as stipulated.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-14 - RECUSAL OF BOARD MEMBERS › Section 635-X-14-.01 - Recusal Of Board Members

Current through Register Vol. 42, No. 9, June 28, 2024
Whenever circumstances arise which, in the judgement of an
				individual Board member, would make that member's vote on a matter pending
				before the Board improper, unethical, unfair, or biased, that Board member
				shall request that his recusal from the vote on the issue in question be
				entered upon the minutes of the Board and his participation in discussion and
				voting thereon excluded.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-15 - CHANGES IN THE ADMINISTRATIVE CODE › Section 635-X-15-.01 - Repeal Or Amendment Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
These rules and regulations may be supplemented, amended or
				repealed by the Board in accordance with the procedures set out in the
				Administrative Procedure Act,
Code of Ala. 1975
,
				§§14-22-1,
et
seq
.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-15 - CHANGES IN THE ADMINISTRATIVE CODE › Section 635-X-15-.02 - Requesting Public Records from the Board of Optometric Scholarship and Loan Awards

Current through Register Vol. 42, No. 9, June 28, 2024
The
				adopted version of this section by
				Alabama
				Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				filed August 17, 2023 is not yet
				available.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-15 - CHANGES IN THE ADMINISTRATIVE CODE › Section 635-X-15-.03 - Fees for Public Records Request from the Board of Optometric Scholarship and Loan Awards

Current through Register Vol. 42, No. 9, June 28, 2024
The
				adopted version of this section by
				Alabama
				Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				filed August 17, 2023 is not yet
				available.
Alabama Administrative Code › Title 635 - STATE OF ALABAMA OPTOMETRIC SCHOLARSHIP AWARDS BOARD › Chapter 635-X-16 - APPEALS › Section 635-X-16-.01 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Appeals from decisions of the Alabama Board of Optometric
				Scholarship Awards shall be conducted in accordance with the provisions of the
				Administrative Procedure Act,
Code of Ala. 1975
,
				§§
								41-22-1,
et
seq
., and other pertinent
				statutes.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-60,
et
seq
.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-1 - AGENCY ORGANIZATION › Section 640-X-1-.01 - Organizational

Current through Register Vol. 42, No. 9, June 28, 2024
Act 2019-393, which became effective September 1, 2019, created
				the Director of Pardons and Paroles to serve as the chief executive officer of
				the Agency to perform all administrative duties as provided by law. Pursuant to
				this Act, the three-member Board retained decision-making authority to grant or
				deny pardons, paroles, restoration of political and civil rights, remission of
				fines and forfeitures, and to revoke parole. As chief executive officer, the
				Director holds appointing and supervisory authority of all Agency employees,
				subject to the provisions of the Merit System Act; responsibility for meeting
				all Agency fiscal and budgetary requirements; responsibility for developing and
				implementing all Agency policies and procedures; and responsibility for
				supporting the Board's decision-making function by promulgating rules necessary
				for the performance of Board duties as well as maintaining a record of all
				official Board actions. The Director is the custodian of the Agency's records,
				keeper of the Agency's seal, and responsible for maintaining the Agency's
				Administrative Code.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-2 - RULES OF CONSTRUCTION › Section 640-X-2-.01 - Rules Of Construction

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Nothing contained herein may be construed to conflict with any statute
			 governing the administration of pardons, paroles, restoration of political or
			 civil rights, or remissions of fines or forfeitures. If any provision is
			 subject to more than one interpretation, it must be applied in a manner
			 consistent with the law.
(2) The
			 statutes providing for the administration of pardons, paroles, restoration of
			 political or civil rights, and remissions of fines or forfeitures do not create
			 any substantive right for any person to be granted such relief. The Agency
			 lacks authority to promulgate and the Board has no authority to adopt any rule
			 that would create such an entitlement.
Authors:
Gregory O. Griffin, Sr., Freddie Hugh
				  Davis, Steven M. Sirmon, Francis A. Long, Meridith H. Barnes, Laura B. Mest,
				  Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-26,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-3 - SCHEDULING PAROLE CONSIDERATION › Section 640-X-3-.01 - Intake Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
As soon as practical after an inmate is convicted and sentenced
				to prison, Bureau staff shall prepare a file for the inmate. This file will
				remain current and shall be updated as to the inmate's progress in the prison
				system to include any investigative reports produced by the Bureau along with
				other documents pertinent to parole consideration. Records pertaining to an
				inmate's parole revocation and Parole Court process shall be included in the
				same file as applicable. Per statute, the contents of Bureau files and
				associated records shall be privileged, with the exception of any Board orders
				and action sheets, which are public records.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-25,
				  15-22-26.1,
				  15-22-28,
				  15-22-36,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-3 - SCHEDULING PAROLE CONSIDERATION › Section 640-X-3-.02 - Scheduling Initial Parole Consideration Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
The Bureau shall schedule initial parole consideration hearings
				as required by statute and may only deviate from the statutory framework for
				initial parole consideration established by Alabama Code Section
				15-22-28(e) as provided by Rule 640-X-3-.04 or as otherwise provided by
				law.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-28,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-3 - SCHEDULING PAROLE CONSIDERATION › Section 640-X-3-.03 - Scheduling Future Parole Consideration

Current through Register Vol. 42, No. 9, June 28, 2024
For cases in which the Board votes to deny parole, the Board
				may, at its discretion, determine a date for the case to be brought back up for
				future parole consideration. For inmates serving sentences of 20 years or less
				for convictions of nonviolent offenses and who are denied parole, the Board's
				future parole consideration date shall be set no more than two (2) years from
				denial. Otherwise, the Board's maximum set off for future parole consideration
				dates following a vote of the Board to deny parole shall not exceed five (5)
				years from denial.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-28,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-3 - SCHEDULING PAROLE CONSIDERATION › Section 640-X-3-.04 - Deviation from Initial Parole Consideration Hearing Dates

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Bureau may
			 deviate from
Code of Ala.1975
, Section
			 15-22-28(e) initial parole consideration hearing dates only in the following circumstances:
(a) If an inmate qualifies for the agency's
Code of Ala. 1975
, Section
			 15-22-24(e) Select Review Program ("SRP"), a screening process using established criteria
			 by which inmates who are deemed to be those parole candidates whose release
			 would most protect public safety are scheduled on the next available parole
			 consideration docket. Established criteria for which inmates may be deemed by
			 the Bureau to qualify for SRP include all of the following requirements as
			 applicable:
1. Inmate must not be serving a
			 split sentence and must otherwise be parole eligible on all cases for which
			 he/she is serving.
2. Inmate must
			 not have received any violent disciplinaries within six (6) months prior to
			 being reviewed for SRP.
3. Inmate
			 must not be a violent offender as defined by
Code of
			 Ala.1975
, Section
			 12-25-32(14).
4. Inmate must not be serving on a violent
			 offense as defined by
Code of Ala.1975
, Section
			 12-25-32(15).
5. Inmate must be assessed as low or medium
			 risk of potential violence using an actuarial risk assessment tool validated
			 for purposes of measuring risk of re-offense for incarcerated
			 individuals.
6. Inmate must have
			 served the required amount of mandatory time on a drug trafficking
			 case.
7. Inmate must not have any
			 current or previous sex offense conviction as defined by the Alabama Sex
			 Offender Registration and Community Notification Act, specifically
Code of Ala.1975
, Section
			 15-20A-5,
			 as amended.
8. Inmate must not have
			 any current or previous child abuse conviction.
9. Inmate must have served at least one (1)
			 year on sentences of up to fifteen (15) years.
10. Inmate must have served at least two (2)
			 years on sentences over fifteen (15) years and up to twenty (20)
			 years.
11. Inmate must have served
			 at least five (5) years on sentences over twenty (20) years.
12. Inmate must not have any known pending
			 felony case (with the exception of a pending felony case with no disposition
			 for three (3) or more years from the date of arrest on the pending
			 case).
13. For inmates subject to
			 mandatory release under
Code of Ala.1975
, Section
			 15-22-26.2 and within one year or less of the inmate's mandatory release, the inmate must
			 also meet all other applicable SRP criteria listed above.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-3 - SCHEDULING PAROLE CONSIDERATION › Section 640-X-3-.05 - Medical Parole Consideration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On a regular basis and at least every six
			 (6) months, geriatric, permanently incapacitated, and terminally ill inmates,
			 as defined by Act 2017-355 ("the Medical Parole Act"), will be docketed for
			 medical parole consideration on the next available parole consideration docket
			 if:
(a) The inmate is eligible for
			 parole;
(b) The inmate is not
			 convicted of a capital offense or a sex offense; and
(c) The Department of Corrections, by and
			 through its medical or mental health care provider, certifies the inmate
			 qualifies as geriatric, permanently incapacitated, or terminally ill, as
			 defined by the Medical Parole Act.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-3 - SCHEDULING PAROLE CONSIDERATION › Section 640-X-3-.06 - Scheduling Parole Consideration After Revocation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Following parole revocation for a new
			 offense, the Bureau will schedule the inmate's next parole consideration date
			 based on the set-off date established by the Board at revocation if the revoked
			 case remains the longest running or controlling case. If the new offense is the
			 longest running or controlling case, then the Board will schedule the inmate's
			 next parole consideration date based on the new offense and in compliance with
			 Rule 640-X-3-.02.
(2) For parole
			 revocation resulting from a technical violation, the Bureau will schedule the
			 inmate's next parole consideration date based on the set-off date established
			 by the Board at revocation. In the event the Board does not establish a future
			 parole consideration date at revocation, the inmate's next parole consideration
			 date shall be the applicable maximum set off pursuant to Rule
			 640-X-3-.03.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-24,
				  15-22-28,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-4 - NOTIFICATION › Section 640-X-4-.01 - Notification Of Board Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Notification of all Board hearings to
			 determine whether a convicted offender may be granted pardon, with or without
			 restoration of civil and political rights, parole, and/or remission of fines or
			 forfeitures, shall be provided as required by law.
(2) A "victim case" for purposed of
			 notification shall be considered any of the following offenses for which any
			 offender was convicted and which involved an actual victim or multiple actual
			 victims:
(a) Class A felony pursuant to
			 Alabama Code Section
			 13A-5-3 or any offense that would be considered a Class A felony under prior Alabama
			 law or the laws of any other state, the District of Columbia, the United
			 States, or any territories of the United States if such offense was committed
			 and prosecuted to convictions;
(b)
			 Any felonies involving death, deadly physical force, the use of a deadly
			 weapon, physical injury, or serious physical injury to the person of another as
			 defined by Alabama Code Section
			 13A-1-2;
(c) Any sex offense as defined by the Alabama
			 Sex Offender Registration and Community Notification Act, specifically Alabama
			 Code Section
			 15-20A-5,
			 as amended; and
(d) Any violent
			 offenses as defined by Alabama Code Section
			 12-25-32(15).
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-4 - NOTIFICATION › Section 640-X-4-.02 - Due Diligence Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 When required by statute, the agency will exercise due diligence to locate a
			 victim or a victim's immediate family member(s) in an effort to provide them
			 with notification of hearing(s) to which they are entitled to receive
			 notice.
(2) If the victim or the
			 immediate family of a victim is unable to be located or is located but refuses
			 to provide contact information, a Certificate of Due Diligence shall be
			 completed by an agency employee certifying by their signature that the victim
			 or the immediate family of a victim cannot be located and detailing the steps
			 taken by them to locate the victim or the immediate family. Once a Certificate
			 of Due Diligence has been completed and signed, the Board shall not be limited
			 in power or authority in any way to approve or order any parole, pardon,
			 restoration or civil and political rights, or remission of fine or
			 forfeiture.
(3) In the event
			 statutorily required records or information cannot be obtained and provided to
			 the Board because of loss, destruction, or for any other permanently
			 unattainable cause outside of the agency's control, a Certificate of Due
			 Diligence shall be completed by the agency employee detailing the steps taken
			 to retrieve such records and information.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-36,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-5 - BOARD HEARINGS, MEETING, AND MINUTES › Section 640-X-5-.01 - Open Public Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall have no power or authority to approve, grant,
				or order any pardon, parole, or remission of fine or other forfeiture or take
				any other official action unless the action is taken in a properly noticed open
				public meeting of the Board as required by law. Individual Board Members shall
				not discuss any specific Board action outside of an open public meeting except
				for the purpose of addressing procedural matters with Bureau
				staff.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-23,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-5 - BOARD HEARINGS, MEETING, AND MINUTES › Section 640-X-5-.03 - Board Meeting Minutes

Current through Register Vol. 42, No. 9, June 28, 2024
As the Board considers each case and takes action, the Board
				Secretary shall note on the docket whether relief is ordered or denied. If, at
				the conclusion of the day's meeting, the Board has not ordered relief to a
				candidate or the case has not been continued, the relief is deemed denied. A
				completed copy of the docket, reflecting the official Board actions taken that
				day, shall be included in the Board's official minutes for the meeting. The
				minutes of each open public meeting shall be read and approved by the sitting
				Board Members at the beginning of the next open public meeting. Each Member in
				attendance and the Secretary for the meeting shall sign the minute entries,
				reflecting the actions taken in that meeting. The Board's minutes are a public
				record.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-23,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-6 - HEARING PROCEDURES › Section 640-X-6-.01 - Post-Hearing Notification And Certification

Current through Register Vol. 42, No. 9, June 28, 2024
After the Board has entered an order granting any pardon,
				parole, restoration of civil and political rights, and/or remission of fine and
				forfeiture, the file shall be processed for post-hearing notification of all
				required parties under law of the Board's decision. At such time and only once
				the parolee's home plan is verified for all parole grants, the Board's order
				granting parole shall be transmitted to the Department of Corrections by
				distributing a copy of the Board's official action sheet with the conditions of
				parole to the Department so as to effect the parolee's release from custody.
				Also at such time, for all pardon and/or remission grants, certificates of
				pardon and/or remission shall additionally be produced, reflecting the order of
				the Board. Any limitations placed upon the relief granted by the Board shall be
				reflected in the certificate. Certificates shall be timely issued to the
				offender to whom relief has been granted.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-23,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-6 - HEARING PROCEDURES › Section 640-X-6-.02 - Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
Prior to the date on which an inmate is released from custody
				of the Department of Corrections on parole or a pardon and/or remission
				certificate is issued to the offender, the Board may reconsider the relief at
				issue. Reconsideration may occur as follows:
(a) If good cause is found by any Board
			 Member or Bureau official that suggests the relief could be held null and void,
			 additional facts come to the attention of any Board Member or Bureau official,
			 or for any other reason, such shall be documented and placed in the inmate's
			 file and the case shall be returned to the Board during its current or next
			 open public meeting.
(b) Any member
			 of the Board may void his/her own vote to order relief. If any member of the
			 Board voids his/her vote to order relief, the case shall be docketed for
			 reconsideration. Notice of any reconsideration hearing shall be provided as
			 required by law. The order previously entered by the Board granting relief
			 shall be stayed pending such reconsideration.
(c) If, after the Board has conducted a
			 reconsideration hearing, the record still contains the requisite number of
			 votes in favor of relief, the stay shall be lifted.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-23,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-6 - HEARING PROCEDURES › Section 640-X-6-.03 - Public Notice Of Board Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
Notice of the action taken by the Board granting any pardon or
				parole will be made through the statewide automated notification system and by
				posting public notice on the Bureau's website in accordance with Alabama
				law.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-23,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-7 - PARDONS › Section 640-X-7-.02 - Certificate Of Eligibility To Register To Vote

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual seeking a Certificate of
			 Eligibility to Register to Vote ("CERV") shall file an application on a form
			 approved by the Agency (Form ABPP-4). All pardon procedures established by Rule
			 640-X-7-.01 shall generally apply to CERV except that a CERV shall be granted within
			 forty-four (44) days to an applicant who meets all of the following
			 requirements as verified by the
Code of Ala. 1975
,
			 Section
			 15-22-36.1 investigation and reporting process:
(2) The person has lost his or her right to
			 vote by reason of conviction in a state or federal court in any case except for
			 any of the following offenses: impeachment, murder, rape in any degree, sodomy
			 in any degree, sexual abuse in any degree, incest, sexual torture, enticing a
			 child to enter a vehicle for immoral purposes, soliciting a child by computer,
			 production of obscene matter involving a minor, production of obscene matter,
			 parents or guardians permitting children to engage in obscene matter,
			 possession of obscene matter, possession with intent to distribute child
			 pornography, or treason.
1. The person has no
			 criminal felony charges pending against him or her in any state or federal
			 court.
2. The person has paid all
			 fines, court costs, fees, and victim restitution ordered by the sentencing
			 court at the time of sentencing on disqualifying cases.
3. Any of the following are true:
(a) The person has been released upon
			 completion of sentence.
(b) The
			 person has been pardoned.
(c) The
			 person has successfully completed probation or parole and has been released
			 from compliance by the ordering entity.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-8 - REMISSION OF FINES AND FORFEITURES › Section 640-X-8-.01 - Remission Of Fines

Current through Register Vol. 42, No. 9, June 28, 2024
Remissions of fines may be granted in conjunction with a pardon
				at a properly noticed Board hearing. All pardon procedures established by Rule
				640-X-7-.01 shall generally apply to remissions of fines except as follows:
(1) The Board will exercise its authority to
			 remit fines only in cases to which the State of Alabama is a party.
(2) An individual seeking remission of a fine
			 shall file an application on a form approved by the Agency. (Form ABPP-5). The
			 application shall contain a short and plain statement of the reasons that the
			 applicant believes it would be just for the Board to remit some or all of the
			 fine imposed.
(3) The applicant
			 shall cooperate in the Agency's investigation of the matter and shall provide
			 information about his or her personal, social, and criminal history, and the
			 details of the offense at issue.
(4) The investigating officer shall contact
			 the sentencing judge and the appropriate district attorney, or their
			 successors, to seek their input.
(5) When the Board considers an application
			 for remission of fine, it shall consider whether to deny the remission
			 entirely, remit a portion of the fine (and if so, what portion), or remit the
			 entire fine. Unless a majority of the Board agrees to a specific grant of
			 relief, all relief is denied. No applicant shall be permitted to file a
			 subsequent petition for remission in the same case after a Board decision has
			 been rendered.
(6) If the Board
			 votes to grant a remission, each member of the Board favoring the grant shall
			 enter into the file a detailed statement of his or her reasons for favoring
			 such remission. The remission order shall specify what portion of the fine is
			 remitted. This entry and order shall become public record. All other portions
			 of the file shall remain subject to statutory privilege.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-36,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-8 - REMISSION OF FINES AND FORFEITURES › Section 640-X-8-.02 - Remission of Forfeitures

Current through Register Vol. 42, No. 9, June 28, 2024
Remissions of forfeitures may be granted in conjunction with a
				pardon at a properly noticed Board hearing. All pardon procedures established
				by Rule
				640-X-7-.01 shall generally apply to remissions of forfeitures except as follows:
(1) The Board will exercise its authority to
			 remit forfeitures only in cases to which the State of Alabama is a
			 party.
(2) An individual seeking
			 remission of a forfeiture shall file an application on a form approved by the
			 Agency. (Form ABPP-5). The application shall contain a short and plain
			 statement of the reasons that the applicant believes it would be just for the
			 Board to remit some or all of the forfeiture imposed.
(3) No application for remission of
			 forfeiture will be considered unless the principal has been convicted of the
			 underlying offense.
(4) The Board
			 will consider applications for remission of forfeiture from the principal and
			 the surety, with notice of the Board's forfeiture remission hearing and action
			 taken provided to both the principal and the surety. In making their
			 application, applicants applying individually as the principal or the surety
			 must provide up-to-date contact information for both the principal and
			 surety.
(5) All parties shall
			 cooperate in the agency's investigation of the matter, which will include
			 information about the applicant's personal, social, and criminal history and
			 the details of the offense at issue. The investigation shall provide a clear
			 picture of the applicant's economic status.
(6) The investigating officer shall contact
			 the sentencing judge and the appropriate district attorney or their successors
			 to seek their input.
(7) When the
			 Board considers an application for remission of forfeiture, it shall consider
			 whether to deny the remission entirely, remit a portion of the forfeiture (and
			 if so, what portion), or remit the entire forfeiture. Unless a majority of the
			 Board agrees to a specific grant of relief, all relief is denied. No applicant
			 shall be permitted to file a subsequent petition for remission on the same case
			 after the Board has decided his or her case.
(8) If the Board votes to grant a remission,
			 each member of the Board favoring the grant shall enter into the file a
			 detailed statement of his or her reasons for favoring such remission. The
			 remission order shall specify what portion of the forfeiture is remitted. This
			 entry and order shall become public record. All other portions of the file
			 shall remain subject to statutory privilege.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier.
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-36,
				  15-22-37.