reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.02 - Suspended Or Revoked Certificates And Seals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificates and seals may be suspended or revoked through disciplinary actions consistent with the Alabama Administrative Procedure Act.
(2) The board may determine terms for reinstatement of certificates and seals and through processes consistent with the Alabama Administrative Procedure Act.
(3) Reinstatement of certificates and seals will be required for any certificate which has been suspended or revoked through disciplinary action.
Previous Rule 485-X-4-.07 was renumbered to .04 as per certification filed September 15, 2008; effective October 20, 2008. Previous Rule 485-X-4-.04 was renumbered to .02 as per certification filed September 24, 2010; effective October 29, 2010.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §§
										34-15C-5(6); 34-15C-11.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.03 - Replacement Or Duplicate Certificates

Current through Register Vol. 42, No. 9, June 28, 2024
By reasonable written request, along with payment of a fee established by the board, a duplicate or corrected Certificate of Registration may be issued.
Previous Rule 485-X-4-.09 was renumbered to .05 as per certification filed September 15, 2008; effective October 20, 2008. Previous Rule 485-X-4-.05 was renumbered to .03 as per certification filed September 24, 2010; effective October 29, 2010.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-8.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.04 - Remediation Of Unsealed Or Improperly Sealed Documents

Current through Register Vol. 42, No. 9, June 28, 2024
In the event that an interior design registration becomes invalid or work is found to be out of compliance with the law, the owner of the project may remediate by the following method:
1. The owner of the project employs another interior designer with a valid registration in the state of Alabama.
2. The registered interior designer acknowledges this relationship by notifying the authority having jurisdiction.
3. The registered interior designer inspects the documents, inspects the work executed, produces a report, and produces "as-built" drawings as needed for the authority having jurisdiction and the owner. Any deficiencies in work or life-safety and building codes should be noted along with recommended actions to bring the project into compliance with applicable codes and standards.
4. The registered interior designer assumes responsibility for the design and supervision of their contractual portion of the project. New or revised documents shall bear the seal of the registered interior designer who assumes responsibility for the project.
5. The registered interior designer shall notify the authority having jurisdiction once all observable deficiencies have been addressed.
Previous Rule 485-X-4-.10 was renumbered to .03 as per certification filed September 15, 2008; effective October 20, 2008.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-8.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.05 - Renewal Of Registration For Interior Designer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificates of Registration shall expire and become invalid on the 30th day of September following their issuance or renewal, unless renewed in accordance with this act. Certificates of Registration issued to those individuals who are in the armed forces of the United States shall not expire until the 30th day of September following the individual's discharge or final separation from the armed forces of the United States. Renewal may be accomplished at any time before and during the month of September by the payment of an annual renewal fee in an amount to be determined by the Board.
(2) The Board shall cause to be issued an application as approved by the Board to each interior designer who is actively registered from the previous year to the individual's last known address. Registration term is for the fiscal year, which begins January 1 and ends December 31 of the same year. Renewal fees are due before October 1 of each year. Renewals postmarked October 1 through December 31 shall be considered late and shall be subject to a late fee in an amount as determined by the Board. No partial payments are accepted for a partial year. A roster shall be published listing all renewing interior designers.
(3) The Board shall renew a Certificate of Registration upon receipt of the application, proof of satisfactory completion of continuing education requirements, and receipt of a renewal fee. The Board may make an exception from the requirements of continuing education in emergency or hardship cases.
(4) The Board shall not renew a Certificate of Registration to any individual against whom the Board has assessed a fine or costs associated with investigation and prosecution of violation of the act until the individual has paid such fine and costs and until the individual complies with or satisfies all terms and conditions of the Board's final order.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.07 - Reinstatement Of Authorization For Registered Interior Designer

Current through Register Vol. 42, No. 9, June 28, 2024
When an Authorization becomes invalid through failure to renew by December 31,through application for inactive status or for whatever other reason, it may be reinstated by the completion of an application. The individual holding the Authorization shall complete and submit an application as approved by the Board, submit proof of continuing education, and submit the payment of a fee in an amount to be determined by the Board. Upon review and approval of the application by the Board, the individual shall receive the same registration number. The Board shall not reinstate an Authorization to any individual against whom the Board has assessed a fine or costs associated with investigation and prosecution of violation of the act until the individual has paid such fine and costs and until the individual complies with or satisfies all terms and conditions of the Board's final order. A new Authorization shall not be issued unless a written request is made to the Board and a replacement fee is paid. A new seal/stamp shall be issued upon receipt of a fee in an amount determined by the Board.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.08 - Renewal Of Authorization For Registered Interior Designer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Seals and Authorizations shall expire and become invalid on the 30th day of September following their issuance or renewal, unless renewed in accordance with the law. Seals and Authorizations issued to those individuals who are in the armed forces of the United States shall not expire until the 30th day of September following the individual's discharge or final separation from the armed forces of the United States. Renewal may be accomplished at any time before and during the month of September by the payment of an annual renewal fee in an amount to be determined by the Board.
(2) The Board shall cause to be issued an application as approved by the Board to each registered interior designer who is actively registered from the previous year to the individual's last known address. Registration term is for the fiscal year, which begins January 1 and ends December 31 of the same year. Renewal fees are due before October 1 of each year. Renewals postmarked October 1 through December 31 shall be considered late and shall be subject to a late fee in an amount as determined by the Board. No partial payments are accepted for a partial year. A roster shall be published listing all renewing registered interior designers. Identification cards for the current fiscal year shall be issued to each renewing registered interior designer.
(3) The Board shall renew a seal and an Authorization upon receipt of the application, proof of satisfactory completion of continuing education requirements, and a renewal fee. The Board may make an exception from the requirements of continuing education in emergency or hardship cases.
(4) The Board shall not renew an Authorization to any individual against whom the Board has assessed a fine or costs associated with investigation and prosecution of violation of the act until the individual has paid such fine and costs and until the individual complies with or satisfied all terms and conditions of the Board's final order.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.09 - Lost Or Destroyed Seals Or Authorization For Registered Interior Designer

Current through Register Vol. 42, No. 9, June 28, 2024
Lost or destroyed seals or Authorization shall be replaced by written request to the Board on an application as approved by the Board. A fee in an amount to be determined by the Board shall be due together with the application. Such replaced seal or Authorization shall bear the same registration number, the full name of the applicant, the date and term of issuance, the seal of the Board, the signature of the Chairman, and the same date and number as the original and shall be marked "Duplicate."
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-4 - CERTIFICATES AND SEALS › Section 485-X-4-.10 - Inactive Status For Registered Interior Designer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A registered interior designer holding a valid Authorization may apply to the Board for inactive status. The individual shall request inactive status in writing on forms as approved by the Board. When an individual is classified as inactive status, the individual cannot engage in the practice of interior design during inactive status. When granted inactive status, the individual shall be prohibited from using the titles or terms "Interior Designer", "Registered Interior Designer", "Interior Design", "Registered Interior Design", "Interior Design Consultant", "Registered Interior Design Consultant", "Interior Design Services" or "Registered Interior Design Services".
(2) When requesting reinstatement as a registered interior designer, the individual shall complete an application as approved by the Board and submit the payment of a fee in an amount to be determined by the Board. The individual shall also submit proof of successful completion of continuing education requirements. The Board shall not reinstate an Authorization as a registered interior designer to any individual against whom the Board has assessed a fine or costs associated with investigation and prosecution of violation of the act until the individual has paid such fine and costs and until the individual complies with or satisfies all terms and conditions of the Board's final order.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.01 - Continuing Education Rationale

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala. 1975
, Chapter 34-15C-5(8) establishes the requirement of continuing education for renewal of certificates and seals.
(2) Continuing education is the process through which registrants acquire new knowledge and skills in relation to their work and is intended to supplement what has already been obtained in prior training and practice.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-5(8).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.02 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) First-time registrants approved after May 31st are exempt from continuing education requirements until the reporting period following their first renewal date.
(2) Registrants under board-approved inactive status are exempt from continuing education requirements during their inactive period.
(3) Registrant is a civilian who serves on active duty in the Armed Forces of the United States for a period of time exceeding ninety (90) consecutive days during the annual reporting period.
(4) Personal hardship cases shall be considered on an individual basis. Request for an exemption from CEU requirements due to a personal hardship shall be submitted to the board in writing for review and written response.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §§
										34-15C-5(8); 34-15C-5(12).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(a) AIA CES - American Institute of
			 Architects Continuing Education System: Provides AIA certified courses for use
			 by those seeking continuing education requirements containing HSW
			 content.
(b) ASID - American
			 Society of Interior Designers: a professional association.
(c) CEU - Continuing Education Unit -
			 measurement of contact hours and credit assigned to an approved course. One CEU
			 equals a minimum of fifty (50) minutes of actual instruction time. Credit shall
			 not be awarded for introductory remarks, meals, breaks, or
			 business/administration matters related to courses of study. Example: A course
			 worth 5 CEU' s lasts 5 contact hours, with 50 minutes of instruction for each
			 hour.
(d) HSW - Acronym used to
			 signify that a program' s content involves information about Health, Safety and
			 Welfare of the public.
(e) IDCEC -
			 Interior Design Continuing Education Council: A consortium of interior design
			 professional associations whose purpose is to set mutual policy for quality
			 continuing education for interior design professionals.
(f) IDCEC Subject Code Index - the coding
			 system used by IDCEC for assigning CEU course numbers according to subject
			 matter.
(g) IIDA - International
			 Interior Design Association: a professional association.
(h) NCIDQ - National Council for Interior
			 Design Qualification: Provides examination for interior designer qualifications
			 and records IDCEC-coded CEU course credits in a registry for those who choose
			 to participate in the registry. The CEU registry function is a separate entity
			 from the exam function.
(i) Webinar
			 - A live online educational presentation during which participating viewers can
			 submit questions and comments.
Author:
Alabama Board for Registered Interior
				  Designers
Statutory Authority:
Code of Ala.
				  1975
, §
										34-15B-5(8).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.04 - Continuing Education Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For every annual
			 renewal period, each registered interior designer shall be required to complete
			 continuing education units relevant to technical and professional interior
			 design subjects related to safeguarding the Health, Safety, and Welfare (HSW)
			 of the public.
(a) The reporting period for
			 continuing education units shall begin October 1 and end September 30 for each
			 and every annual renewal period. The renewal application and CEU reporting
			 document(s) must be postmarked no later than midnight September 30 of each
			 annual renewal period.
(b) The
			 continuing education section of the annual renewal form must be completed in
			 full and include the signed affidavit attesting to the registrant's fulfillment
			 of all continuing education requirements in order to process the
			 renewal.
(c) If requested or
			 audited, the CEU reporting shall include enough detail to easily verify or
			 evaluate the course credits listed. Registrants should retain certificates for
			 up to two years.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.05 - Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Continuing education unit requirements for registration renewal for registered interior designers are ten (10) hours per annual reporting period. A minimum of four (4) hours should be interactive course study per annual reporting period and a maximum of six (6) hours in self-directed study per annual reporting period.
(2) The study of topics related to
Codes and Standards
shall be used to satisfy the requirements for at least four (4) continuing education units per annual reporting period and may be either interactive or self-study units. Codes and Standards courses are those pertaining only to:
Barrier Free/ADA/Universal Design (i.e. ADA, ANSI)
Building Codes and Standards (i.e. ICC, ANSI, BOCA
Energy Codes and Standards (i.e. ASHRAE, ICC)
Sustainability Standards (i.e. LEED Rating System)
Fire Safe Design (i.e. NFPA)
Testing and Compliance Standards (i.e. ASTM, NSF, UL, BIFMA)
(3) Each registrant shall retain detailed and verifiable documentation of continuing education units for a period of two (2) years after the annual October 1 renewal date on which they were submitted in the event the registrant is selected for an audit. Units claimed which cannot be proven to meet requirements may be disallowed.
(4) No carry-over of continuing education hours is permitted.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-5(8).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.06 - Audit

Current through Register Vol. 42, No. 9, June 28, 2024
The board shall conduct annual random in-depth audits to ensure compliance with continuing education requirements. Registrants selected for audit will be notified and required to provide documentation in support of hours claimed.
(a) The board may disallow any submitted continuing education unit if that registrant has failed to demonstrate how the continuing education experience meets the requirements of this chapter. If continuing education units are disallowed, the registrant will have 60 days from date of written notification to provide documentation that substantiates the original claim or provide documentation of other continuing education hours to meet the minimum requirements. Continuing education hours submitted to remedy a disallowance shall not be used for registration renewal purposes in the following renewal period.
(b) Failure to respond to audit requirements or satisfy all CEU requirements will result in certificates becoming expired/lapsed.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-5(8).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.07 - Interactive Study

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Interactive
			 course study is in-person participation in education activities offered in a
			 classroom or group setting and presented by those qualified through
			 professional, practical, or academic experience to conduct courses of study.
			 Examples of interactive course study include the following:
(a) Attending professional or technical CEU
			 presentations at professional association meetings (i.e. ASID, I IDA, NKBA,
			 AIA, CSI, IDEC), conventions, or conferences. Registrants shall obtain
			 certificates of completion provided by the presenter showing verifiable course
			 information as proof of participation (i.e. IDCEC CEU course number, AIA CES
			 course number).
(b) Attending
			 in-house CEU programs sponsored by corporations or other organizations related
			 to the profession of interior design. Registrants shall obtain certificates of
			 completion provided by the presenter showing verifiable course information as
			 proof of participation (i.e. IDCEC CEU course number, AIA CES course
			 number).
(c) Successfully
			 completing seminars, webinars, tutorials, or short courses related to the
			 interior design profession. Such courses shall have certificates of completion
			 or transcripts provided by the presenter or institution as proof of
			 participation.
(d) Successfully
			 completing college or university sponsored courses related to the interior
			 design profession. Transcripts or certificates provided by the institution are
			 required as proof of completion.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.08 - Self-Directed Study

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All self-directed
			 study units shall have detailed descriptions and proof of completion or
			 participation (certificates of completion, transcripts, certificates, etc.)
			 that is easily verifiable in the event of an audit.
(2) Self-directed study may include:
(a) Successfully completing interior
			 design-related HSW courses offered on-line, by pre-recorded webcast, by
			 correspondence courses, by televised courses, or by audio/video recorded
			 courses. All courses shall have a certificate of completion from the presenter
			 showing verifiable course information and earned credit hours as proof of
			 participation (i.e. IDCEC CEU course number or AIA CES course
			 number).
(b) Gaining certification
			 through examination from design-related organizations such as Green Building
			 Certification Institute (GBCI), Construction Specifications Institute (CSI),
			 National Kitchen and Bath Association (NKBA), etc. will earn four
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-5 - CONTINUING EDUCATION › Section 485-X-5-.09 - Failure To Comply With Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Failure by a registrant to comply with continuing education requirements, including submission of all required documentation postmarked no later than midnight, September 30, of the annual renewal period, or compliance with an audit requirement, shall result in the individual's certificate becoming expired/lapsed. The registrant shall forfeit the right to use the titles and seals reserved for registered interior designers with valid certificates.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-6(e)(2).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-6 - EXEMPTIONS › Section 485-X-6-.01 - Exemption Categories

Current through Register Vol. 42, No. 9, June 28, 2024
The following individuals are exempt from the act, but remain subject to the title restrictions contained in the law:
(a) An individual making plans and specifications for or administering the erection, enlargement, or alteration of any building upon any farm for the use of any farmer.
(b) An individual making plans and specifications for any single family residence of any size.
(c) An individual making plans and specifications for any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people.
(d) An individual conducting any activity not prohibited by any other state law.
Rule 08 was renumbered .01 as per certification filed September 24, 2010; effective October 29, 2010.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-10.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-6 - EXEMPTIONS › Section 485-X-6-.02 - Definitions (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5(10).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-6 - EXEMPTIONS › Section 485-X-6-.03 - Continuing Education Compliance (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5(10).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-6 - EXEMPTIONS › Section 485-X-6-.04 - Continuing Education Requirements (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5(10).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-6 - EXEMPTIONS › Section 485-X-6-.05 - Structured Course Study (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5(10).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-6 - EXEMPTIONS › Section 485-X-6-.06 - Self-Directed Or Independent Study (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5(10).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-6 - EXEMPTIONS › Section 485-X-6-.07 - Failure To Comply With Continuing Education Requirements (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5(10).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.01 - Disciplinary Powers Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The board shall have the power to investigate or cause to be investigated any matter covered by the Alabama Interior Design Registration Act at any time or place within the State of Alabama.
(2) The board may seek legal or equitable relief from the state circuit courts against Registered Interior Designers who violate this chapter.
(3) The board may refuse to grant, deny, revoke, suspend, or reinstate a certificate of registration to a Registered Interior Designer; issue a private or public reprimand to an individual possessing a certificate of registration; and assess and collect administrative fines not to exceed $2000.00 for violations of Code of Ala. 1975, §34-15C. In addition to the foregoing, the board may institute any legal proceedings necessary to enforce this chapter, or any combination of the foregoing, for any of the following conduct:
(a) Fraud, deceit, dishonesty, or misrepresentations, whether knowingly or unknowingly, in the pursuit of his or her practice or in obtaining any certificate of registration or other thing of value.
(b) Gross negligence, misconduct, or incompetence in the pursuit of his or her practice.
(c) Conviction of a felony until civil rights are restored.
(d) Incompetence, as adjudged by a court having jurisdiction.
(e) Violating or directly or indirectly aiding or abetting in the misuse of titles and/or seals by a person without valid registration pursuant to this chapter in the State of Alabama.
(f) Practicing in this state in violation of any standards of professional conduct as may be established by rule of the board.
(g) Failure to pay any fee or administrative fine assessed by the board.
(h) Failure to comply with any final order of the board.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.02 - Unlicensed Use Of Titles, Stamps, Or Seals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual who uses the titles, stamps, or seals restricted by this act without possessing a valid Certificate of Registration will find that the Board, in its own name, may seek an injunction in the circuit court for the county of residence of the accused, and the court may enjoin such person in regards to the violation.
Previous Rule 485-X-9-.02 was renumbered to 485-X-7-.02 as per certification filed September 15, 2008; effective October 20, 2008.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975, §
										34-15C-9; §
										34-15C-12(c).
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975, §
										34-15B-3(3),(4),(5).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.03 - Procedures For Complaints Against Registrants

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The board shall supply a complaint report form to aid in handling complaints
			 against registrants. Any person may file complaints to the board, including
			 board members. All complaints shall be made in writing to the board and, when
			 available and applicable, include documentation of the alleged violation. To
			 preserve a respondent's right to face their accuser, the board should not
			 accept anonymous complaints except in extraordinary circumstances. A copy of
			 the complaint form shall be given to any registered interior designer who is
			 asked to respond to an allegation.
(2) A confidential file shall be kept in the
			 name of the accused registrant as a record of the violation, along with all
			 documentation and the written responses. The file shall be assigned a case
			 number and turned over to the investigator(s) as soon as possible.
(3) Investigators may be a board member, or
			 members, along with legal counsel. The board may also use or hire outside
			 investigators who are knowledgeable and skilled at gathering, analyzing, and
			 presenting evidence and knowledgeable of the interior design profession and the
			 requirements for registration.
(4)
			 Any board member who assists in the investigation process must recuse
			 themselves from the administrative hearing process, other than acting as a
			 witness, and from voting on any disciplinary measures.
(5) The investigator(s) must first determine
			 if the individual named in the complaint is a registrant. If so, the
			 investigator(s) shall determine if there is sufficient evidence of a violation
			 of this chapter to make a probable cause determination. If a probable cause
			 determination is made, notice of charges may be initiated on the registrant. If
			 the investigator(s) determines there is no probable cause for a disciplinary
			 hearing, then the case shall be considered closed and the file marked as "no
			 probable cause found".
(6) The
			 board shall notify, in writing, the individual who filed the complaint that the
			 board is in receipt of the complaint; if a hearing date has been set; and of
			 any resolution of the alleged violation.
Previous Rule
				  485-X-7-.04 was renumbered to
				  485-X-7-.03 as per certification
				  filed November 20, 2018; effective January 4,
				  2019.
Author:
Alabama Board for Registered Interior
				  Designers
Statutory Authority:
Code of Ala.
				  1975
, §
										34-15C-12.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.04 - Notice Of Charges

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any time the
			 board has reason to believe that a registered interior designer is subject to
			 discipline, notice of the charges placed against the registered interior
			 designer and the time and place of hearing of such charges by the board shall
			 be served on the accused, pursuant to the Alabama Rules of Civil Procedure, not
			 less than 45 days before the day fixed for the hearing.
(2) The notice shall inform the registered
			 interior designer that he or she is entitled to respond to the charges within
			 30 days, be represented by counsel of his or her choosing at the hearing, have
			 witnesses testify in his or her behalf at the hearing, confront and
			 cross-examine witnesses at the hearing, and testify in his or her own behalf at
			 the hearing.
Previous Rule
				  485-X-7-.05 was renumbered to
				  485-X-7-.04 as per certification
				  filed November 20, 2018; effective January 4,
				  2019.
Author:
Alabama Board for Registered Interior
				  Designers
Statutory Authority:
Code of Ala.
				  1975
, §
										34-15C-12.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.05 - Procedure For Administrative Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Chairman or other individual so designated by the Chairman shall call the hearing to order, note the appearances of the parties and act upon any pending motions, petitions, stipulations or preliminary matters. Upon request and within the discretion of the Chairman other individual so designated by the Chairman, the parties may make opening statements.
(2) The petitioner shall present his case-in-chief first, followed by the respondent's case-in-chief. Both parties shall have the opportunity to cross-examine, redirect, and recross-examine the witnesses.
(3) Upon request, and at the discretion of the Chairman other individual so designated by the Chairman, the parties may make closing arguments.
(4) The Board may
(a) Exclude inadmissible, repetitious, or irrelevant evidence;
(b) Examine witnesses;
(c) Examine a party on issues of law or fact; and
(d) Require written briefs from the parties in lieu of oral arguments.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.06 - Unlicensed Practice Of Interior Design

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the Board determines that an individual not issued a Certificate of Registration or Authorization as a registered interior designer or who has not been granted an exemption by the Board is engaged in the practice of interior design, the Board shall issue a written notice to cease and desist from such violation by certified mail and addressed to the last known place of business or residence of the individual. The Board shall issue written notice to cease and desist to an individual who aids and abets the unlicensed practice of interior design. All notices shall be sent certified mail with a return receipt requested.
(2) A request for a written response from the respondent is required within fifteen (15) working days of date of the notice to cease and desist. If a written response is not received from the respondent within the designated time period, the Deputy Attorney General Designee or other individual designated by the Chairman shall issue a second notice to the respondent. A written response from the respondent is required within fifteen (15) working days of date of the second notice. If a written response is not received from the respondent within the designated time period, the Deputy Attorney General Designee or other individual designated by the Chairman shall issue a final notice to the respondent. A written response from the respondent is required within fifteen (15) working days of date of the final notice. All notices shall be sent certified mail with a return receipt requested.
(3) The failure to submit a written response to notices from the Board without good cause shall be deemed an admission of guilt by the respondent and the Board shall take further action against the respondent. The Board may at its sole discretion publish such disciplinary action or its findings in a newspaper of general circulation in the state of Alabama.
(4) Each day that the unlicensed individual continues the practice of interior design after issuance of a notice to cease and desist constitutes a separate violation.
(5) An individual who engages in the practice of interior design without possessing a Certificate of Registration or Authorization as a registered interior designer shall be guilty of a Class A misdemeanor. The Board may impose fines and penalties pursuant to state law. If the Board is required to seek enforcement of the order for a penalty, it shall be entitled to collect its attorneys' fee and costs, together with any costs of collection.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.07 - Unlicensed Use Of Titles And Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the Board determines that an individual not issued a Certificate of Registration or Authorization as a registered interior designer uses the titles and/or terms "interior designer", "interior design", interior design consultant", "interior design services", "registered interior designer", "registered interior design", "registered interior design consultant", "registered interior design services", in any sign, card, listing, advertising, business name, stationary or any other manner implies or indicates that he or she is an interior design or registered interior designer, the Board shall issue a written notice by certified mail, return receipt requested and addressed to the last known place of business or residence of the individual.
(2) A written response from the respondent is required within fifteen (15) working days of date of the notice. If a written response is not received from the respondent within the designated time period, the Deputy Attorney General Designee or other individual designated by the Chairman shall issue a second notice to the respondent. A written response from the respondent is required within fifteen (15) working days of date of the second notice. If a written response is not received from the respondent within the designated time period, the Deputy Attorney General Designee or other individual designated by the Chairman shall issue a final notice to the respondent. A written response from the respondent is required within fifteen (15) working days of date of the final notice. All notices shall be sent certified mail with a return receipt requested.
(3) The failure to submit a written response to notices from the Board without good cause shall be deemed an admission of guilt by the respondent and the Board shall take further action against the respondent. The Board may at its sole discretion publish such disciplinary action or its findings in a newspaper of general circulation in the state of Alabama.
(4) An individual who uses the titles or terms without possessing a Certificate of Registration or Authorization as a registered interior designer shall be guilty of a Class A misdemeanor. The Board may impose fines and penalties pursuant to state law. If the Board is required to seek enforcement of the order for a penalty, it shall be entitled to collect its attorneys' fee and costs, together with any costs of collection.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-7 - COMPLAINTS AND VIOLATIONS › Section 485-X-7-.08 - Disciplinary Guidelines

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall establish and approve disciplinary guidelines for each disciplinary action. The Board shall periodically review the disciplinary guidelines applicable to each ground for disciplinary action, which may be imposed by the Board. The guidelines shall specify a meaningful range of designated fines and penalties based upon the severity and repetition of specific offenses. The guidelines shall provide reasonable and meaningful notice to the public and to respondents of likely fines and penalties, which may be imposed by the Board for such conduct. The Board shall consistently apply the penalties. A specific finding of mitigating or aggravating circumstances shall allow the Board to impose a fine or penalty other than that provided for in the guidelines.
Author:
Alabama State Board of Registration for Interior Design
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-5.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-8 - DISCIPLINARY ACTION › Section 485-X-8-.01 - Injunctions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the board determines that any person is in violation of the title restrictions contained in Section 34-15C-9, or that any registered interior designer is violating any other provision of this chapter, the board, in its own name, may seek injunction in the circuit court for the county of residence of the accused, and the court may enjoin such person from violating this chapter, regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
Previous Rule 485-X-7-.08 was renumbered to as per certification filed September 15, 2008; effective October 20, 2008.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §§
										34-15C-12(c).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-8 - DISCIPLINARY ACTION › Section 485-X-8-.02 - Disciplinary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All disciplinary proceedings shall be conducted in accordance with the applicable provisions of the Alabama Administrative Procedures Act on due process.
(2) The board shall not bring any disciplinary actions against any person who is not a current registered interior designer. Actions against non-licensed persons must be brought before the courts.
(3) The registrant shall be given not less than forty-five (45) days written notice of any hearing to consider disciplinary action sent by certified mail, return receipt requested, and addressed to the last known address of the registrant.
(4) The registrant may at all times be represented by counsel of his/her choosing or may waive the right.
(5) The board may utilize an administrative hearing officer to preside over hearings and who may issue subpoenas, discover orders related to relevant matters, and protective orders in accordance with the rules of civil procedure. The hearing officer provides a summary of findings of facts and conclusions of law, along with recommendation to the board. Any board member who assists in the investigation process must then recuse themselves from the administrative hearing process, other than acting as a witness, and from voting on any disciplinary measures.
(6) The board shall consider the report of the hearing officer and vote to accept, modify, or reject the recommendations of the hearing officer.
(7) Any disciplinary action adjudged appropriate by the board shall be transmitted to the registrant within thirty (30) days following the board's final order in the case.
(8) Board members must abstain from participating or voting in disciplinary investigations or hearings if the registrant under investigation is in their employ or under their supervision; or if there is a legal, ethical, or moral question vis-a-vis the board member and the registrant.
Previous Rule 485-X-7-.06 was renumbered to as per certification filed September 15, 2008; effective October 20, 2008.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-12.
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-8 - DISCIPLINARY ACTION › Section 485-X-8-.03 - Negotiated Settlements

Current through Register Vol. 42, No. 9, June 28, 2024
The Administrative Procedure Act and Chapter 34-15C-12(a) provides that this board may enter into negotiated settlements for any contested case with a registered interior designer as a means of resolving a disciplinary hearing. The amount of the monetary settlement or conditions agreed upon is not governed by the agency's enabling statutes for penalties and fines, but is set according to conditions the parties to the case agree upon in writing.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-12(a).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-8 - DISCIPLINARY ACTION › Section 485-X-8-.04 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
The accused may appeal any disciplinary action taken by the board to the Circuit Court of Montgomery County, Alabama, or to the circuit court for the county of residence of the accused. Either party has the right to appeal from the final decree of the circuit court as provided by law.
Previous Rule 485-X-7-.01 was renumbered to as per certification filed September 15, 2008; effective October 20, 2008.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15C-12(b).
Alabama Administrative Code › Title 485 - ALABAMA STATE BOARD OF REGISTRATION FOR INTERIOR DESIGN › Chapter 485-X-8 - DISCIPLINARY ACTION › Section 485-X-8-.05 - Written Responses To Alleged Violations (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Previous Rule 485-X-7-.02 was renumbered to as per certification filed September 15, 2008; effective October 20, 2008.
Author:
Alabama Board for Registered Interior Designers
Statutory Authority:
Code of Ala. 1975
, §
										34-15B-11.