reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.06 - Disciplinary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Conduct of
			 hearing
.
(a)
Disciplinary hearings are closed to the
			 public
.
(b)
			 The Board may, in its discretion, appoint some person to act on its
			 behalf as hearing officer at disciplinary hearings. In the event a
			 hearing officer is appointed, the officer shall preside at the
			 hearing and shall rule on all questions of evidence and procedure,
			 notwithstanding any other provisions of these Rules to the contrary.
			 The Board, in its discretion and subject to the applicable provisions
			 of the Alabama Administrative Procedures Act, may appoint a hearing
			 officer to hear the evidence and submit a report to the Board,
			 including recommended findings of fact and conclusions of
			 law.
(c) The respondent
			 shall plead either "guilty" or "not guilty" to the charges set forth
			 in the complaint.
(d)
			 Each side shall be permitted to make a short opening
			 statement.
(e) The
			 Executive Director, or a designee thereof, acting on behalf of the
			 investigative committee, shall present its evidence, followed by the
			 respondent, followed by rebuttal by the Executive Director or
			 designee. Each witness called may be examined in the following
			 manner:
1. Direct
			 Examination.
2. Cross
			 Examination.
3.
			 Examination by Board.
4.
			 Redirect Examination.
5.
			 Recross Examination.
6.
			 Re-examination by Board.
(f) Each side shall be permitted to
			 make a short closing statement summarizing the evidence presented and
			 urging the application of relevant law to the evidence
			 presented.
(g) The Board
			 may request one or both sides to prepare for the Board's
			 consideration a proposed order of the Board including findings of
			 fact, official notice, and conclusions of law. Underlying facts of
			 record which support the findings should be cited.
(h) The Board shall issue an order
			 within 30 days after either the hearing is concluded, if conducted by
			 the Board, or the Board's receipt of the hearing officer's report, if
			 the hearing was conducted by a hearing officer. The order shall
			 include findings of fact, official notice taken and conclusions of
			 law, stated separately. Parties shall be notified either personally
			 or by certified mail, return receipt requested, of any order, and a
			 copy of the final order shall be delivered and mailed to each party
			 or to his or her attorney of record.
(i) The Board may enclose an
			 invoice for the costs of the hearing with an order imposing
			 disciplinary action upon a licensee. Payment of said costs will be
			 included in the calculation of any fines or fees owed by the licensee
			 to the board in connection with the disciplinary action.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.07 - Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Revocation and Suspension of
			 License and Imposition of Administrative Fines
. The Board may
			 revoke or suspend the respondent's license, may require the successful
			 completion of builder education course(s), and may levy and collect
			 administrative fines not to exceed $5,000 per violation of the Act or these
			 rules:
(a) upon a finding by the Board or a
			 court of competent jurisdiction that respondent has committed fraud or deceit
			 in obtaining a license or has been guilty of gross negligence, incompetence, or
			 misconduct in the practice of residential home building, or has violated the
			 standards of practice;
(b) upon the
			 Board's payment of any amount out of the Homeowners' Recovery Fund on behalf of
			 the respondent; in this instance, the Board shall revoke the respondent's
			 license;
(c) upon a finding by the
			 Board that, in the case of a partnership, corporate, or limited liability
			 company licensee, the licensee's designated qualifying representative has
			 ceased to be a general partner, officer, member (in the case of a
			 member-managed limited liability company) or manager (in the case of a
			 manager-managed limited liability company) of the licensee and no other general
			 partner, officer, member (in the case of a member-managed limited liability
			 company) or manager (in the case of a manager-managed limited liability
			 company) has been designated to the Board as the licensee's successor
			 qualifying representative within 45 days after the original designated
			 qualifying representative ceased to serve in that capacity.
(d) upon a finding of the Board that the
			 licensee provided false documentation reflecting the completion of continuing
			 education credits.
(e) upon a
			 finding by the Board that a licensee has failed to notify the Board in writing,
			 by certified mail, as required by the Act and these rules, of any of the
			 following:
1. The institution of any felony
			 criminal prosecution against him or her, including a copy of any indictment or
			 information making the charges.
2.
			 In any criminal action, the rendering of any final verdict or the dismissal of
			 any charges against him or her, including a copy of the Court order or other
			 document giving the licensee such notice.
(f) upon a finding by the Board that the
			 licensee has failed to use a valid written contract when engaging in the
			 business of residential home building.
(g) upon a finding by the Board that the
			 licensee has engaged in the business of residential home building outside or
			 beyond the scope of the license.
(h) upon a finding by the Board that the
			 licensee has failed to comply with any requirement of the Act or these
			 rules.
(i) upon a finding by the
			 Board that the licensee has failed to maintain the required bond.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.08 - Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed 10-28-94)."
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-8,
				  41-22-20.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.09 - Appeal

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee whose license has been revoked or who
				otherwise has been the subject of a final disciplinary action may
				appeal the Board's order to the circuit court of the county within
				which the licensee resides or, if the licensee is not an Alabama
				resident, to the Circuit Court of Montgomery County. The circuit
				court shall determine whether the Board's order is supported by
				substantial evidence. Any such licensee must file with the Board
				written notice of his intention to appeal within 30 days of receipt
				by the licensee of the Board's final order and must file a petition
				for judicial review in the appropriate court within 30 days after
				filing the notice of appeal with the Board.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward, Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-8,
				  41-22-20.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.10 - Reissuance Or Reinstatement Of License After Revocation Or Suspension

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Application
			 for Reissuance or Reinstatement.
Any licensee
			 whose license has been revoked or suspended may apply to the Board
			 for reissuance or reinstatement of the license at any time; provided,
			 however, the Board shall not consider an application for reissuance
			 or reinstatement if the applicant has failed to repay any amount paid
			 on the applicant's behalf out of the Homeowners' Recovery Fund or if
			 any bond requirement has not been met. In the application for
			 reissuance or reinstatement, the applicant shall state why the
			 license should be reissued or reinstated and shall specifically set
			 forth any change in circumstances that would justify the reissuance
			 or reinstatement. The application for reissuance or reinstatement
			 must include evidence that the applicant meets the current licensure
			 requirements for, and unless excused by the Board the applicant must
			 qualify for, licensure through all the procedures as set forth in
			 §
								465-X-3-.04 of these rules.
(2) Board
			 Action. Upon receipt of such application, the Board may grant the
			 applicant a hearing on reissuance a or reinstatement, at which time
			 the applicant may appeal to the Board to reissue or reinstate the
			 applicant's license. The Board shall reissue or reinstate the
			 applicant's license if four or more members of the Board vote in
			 favor of the reissuance or reinstatement.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Beth Acker, Kathy Perry Brasfield, Jamie A. Durham, J.
				  Seth Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-7,
				  34-14A-8,
				  34-14A-11.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.11 - Conflict Or Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No Board member shall be
			 entitled to vote or otherwise participate in any hearing or
			 disciplinary matter if the Board member is personally biased for or
			 against the respondent or when such voting or participation would
			 violate the provisions of the Alabama Administrative Procedures Act,
			 Section 18(a).
(2) Any
			 party in a hearing or respondent in a disciplinary action who wishes
			 to assert bias or conflict may do so by filing with the Executive
			 Director at least three days before the scheduled hearing a
			 suggestion of disqualification and a supporting affidavit setting
			 forth the factual basis for the suggestion.
(3) The Board or hearing officer
			 shall consider the suggestion of disqualification on the record as a
			 preliminary matter at the hearing before any other question is
			 decided.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward, Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-11,
				  41-22-18(a).
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.12 - Temporary Restraining Orders And Other Injunctive Relief

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receipt of evidence that a residential home
				builder has violated or is about to violate the Act or the rules of
				the Board, the Executive Director, acting on the instructions of the
				Board, may petition the Circuit Court of the county in which the
				violation occurred or is about to occur to issue a temporary
				restraining order or other appropriate injunctive relief enjoining
				such violation.
Authors:
David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-11,
				  34-14A-14.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.13 - Institution Of Criminal Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receipt of evidence that any person has:
(1) Undertaken or attempted to
			 undertake the business of residential home building or residential
			 roofing without first having procured a valid license as required by
			 the act,
(2) Knowingly
			 presented to or filed false information with the Board for the
			 purpose of obtaining a license, or
(3) Violated any law or code
			 adopted by a county commission under the provisions of the Act, the
			 Executive Director, acting on the instructions of the Board, shall
			 present such evidence to the appropriate governmental authority
			 within the county in which the residential home builder or
			 residential roofer has acted and may file a complaint regarding the
			 violations directly with the sheriff in the appropriate
			 county.
Authors:
David R. Boyd, Dorman Walker,
				  Lois Woodward, Jamie A. Durham, J. Seth Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-2,
				  34-14A-5,
				  34-14A-11,
				  34-14A-13,
				  34-14A-14.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.14 - Public Records - Public Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board must release the
			 following information to the public regarding complaint and
			 investigation files, and disciplinary action proceedings:
(a) A settlement agreement adopted
			 and ratified by the Board that closes a complaint file and represents
			 the Board's final decision in the disciplinary action
			 proceedings,
(b) The
			 formal charges against a residential home or a residental roofer
			 builder filed by the Board's executive secretary and any amendments
			 thereto, orders to show cause, and
(c) The Board's final decision in
			 disciplinary action proceedings entered after a formal disciplinary
			 action hearing.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-5 - ENFORCEMENT AND DISCIPLINARY ACTIONS › Section 465-X-5-.15 - Public Records - Confidential Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All records, reports,
			 documents, photographs, and information contained in complaint and
			 investigation files maintained by the Board, and the entire record in
			 disciplinary action proceedings shall be confidential, shall not be
			 public record, and shall not be available for court subpoena or for
			 discovery in civil proceedings.
(2) The Board reserves the right to
			 appeal a decision of a court, where the court orders disclosure in
			 violation of applicable Alabama statutes and case law.
Author:
Beth Acker, Kathy Perry
				Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§
										13A-14-2(a),
				  34-14A-8,
				  36-12-40,
				  41-22-12(g).
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-6 - AMENDMENT OF RULES › Section 465-X-6-.01 - Petition For Adoption Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who wishes to
			 propose that the Board adopt, repeal, or amend any rule may do so on
			 the form prescribed by the Board and available from the Executive
			 Director.
(2) The Board
			 shall meet and consider any petition of adoption, repeal, or
			 amendment within 60 days of its submission.
Authors
: David R. Boyd, Dorman Walker,
				Lois Woodward
Statutory Authority
:
Code of
				Ala. 1975
, §§
									34-14A-11,
				41-4-16,
				41-4-35,
				41-15-9,
				41-22-8.
History
: Filed: March 22, 1993.
New Rule
: Filed: May 12, 1993, effective June 16,
				1993.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-7 - HOMEOWNERS' RECOVERY FUND › Section 465-X-7-.01 - Homeowners' Recovery Fund

Current through Register Vol. 42, No. 9, June 28, 2024
An aggrieved homeowner who contracts directly with a
				licensee of the Board holding a license without limitation or with
				limitation, excluding a license with limitation limited to roofing,
				may recover, from the Homeowners' Recovery Fund, actual economic
				damages sustained within the State of Alabama as the direct result of
				the licensee's gross negligence, incompetence and/or misconduct in
				the practice of residential home building or a violation by the
				licensee of the rules and regulations of the Board, provided that the
				aggrieved homeowner has obtained a valid judgment, excluding a
				consent judgment, and has exercised reasonable efforts to obtain a
				satisfaction of the judgment from the licensee prior to making a
				claim against the Homeowners' Recovery Fund. Actual economic damages
				is the reasonable cost of repairing the damages, other than minor
				cosmetic damages, sustained by a homeowner as the direct result of a
				licensed home builder's gross negligence, incompetence and/or
				misconduct in the practice of residential home building or a
				violation by a licensed residential home builder of the rules and
				regulations of the Board. Actual economic damages shall be supported
				by an itemized list of the actual economic damages incurred by the
				homeowner, a description of the repairs reasonable and necessary to
				correct the damages, and an estimate, by a licensee of the Board
				holding the type license required to perform the scope of the work
				included in the estimate, of the reasonable cost of making the
				repairs. Actual economic damages shall not include interest, damages
				awarded for pain and suffering or mental anguish, damages awarded for
				loss of consortium, damages which are the result of acts of the
				homeowner, court costs or attorney fees.
Authors:
Kathy Perry Brasfield, Jamie
				  A. Durham, J. Seth Gowan
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-2,
				  34-14A-5,
				  34-14A-11,
				  34-14A-15.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-7 - HOMEOWNERS' RECOVERY FUND › Section 465-X-7-.03 - Subrogation

Current through Register Vol. 42, No. 9, June 28, 2024
If the Court orders the Board to pay any sum from the
				Homeowners' Recovery Fund, the Board shall be surrogated to all the
				rights of the home owner/judgment creditor. As the judgment creditor,
				the homeowner to whom any sum from the Homeowners' Recovery Fund was
				paid, shall execute and Assignment of Rights, assigning the Board all
				of his/her/its rights, title, and interest in the judgment, to the
				extent of the amount paid from the Homeowners' Recovery Fund, to the
				Board.
Author:
Kathy Perry Brasfield
Statutory Authority:
Code
				  of Ala. 1975
, §§
										34-14A-11,
				  34-14A-15.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-7 - HOMEOWNERS' RECOVERY FUND › Section 465-X-7-.04 - Repayments To Recovery Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Should the Board pay from the
			 Homeowners' Recovery Fund any amount in settlement of a claim or
			 toward satisfaction of a judgment against a licensee, the Board may
			 revoke the following licenses and may no longer recognize the
			 experience and ability qualifications of the individual licensee or
			 the qualifying representative of the licensee:
(a) The license of the
			 licensee,
(b) Any
			 individual license held by the licensees' qualifying
			 representative,
(c) The
			 licenses of any entities with the same qualifying representative as
			 the licensee.
Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Appendix - APPENDIX

Current through Register Vol. 42, No. 9, June 28, 2024
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Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-1 - DEFINITIONS › Section 470-1-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
Impaired Drivers Trust Fund
. A trust fund which disburses monies to assist those citizens who have survived neurotrauma with head injuries and spinal cord injuries in accordance with the priorities and criteria established by the Board.
(b)
Board
. The Impaired Drivers Trust Fund Advisory Board as described in Chapter 470-1-2 of these rules.
(c)
Neurotrauma
. An injury resulting from external forces leading to central nervous system deficits, including motor and/or sensory dysfunction, cognitive impairment, emotional difficulties, or behavioral problems.
1. Neurotrauma would encompass individuals with traumatic brain injury (TBI), spinal cord injury (SCI) and certain anoxic injuries if the injury results from external, not internal, forces.
2. Traumatic brain injury (TBI) is an insult to the brain, not of a congenital nature but caused by an external force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive abilities or physical functioning. It can also result in the disturbance of behavioral or emotional functioning. These impairment may be either temporary or permanent and may cause partial or total functional disability or psychosocial maladjustment.
3. Spinal Cord Injury is an acute, traumatic lesion of neural elements in the spinal canal, resulting in any degree of sensory deficit, motor deficit, or bladder/bowel dysfunction. The deficit or dysfunction may be temporary or permanent.
4. (Not included in these definitions would be central nervous system (CNS), injury as a result of alcohol abuse, CVA, HIV/AIDS, tumor substance abuse, encephalitis or other diseases, or anoxic injuries resulting from internal causes such as heart attacks.)
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
										16-38A-1
History
:
New Rule
: Filed October 16, 1995; effective November 10, 1995.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-2 - THE BOARD AND ITS MEMBERS › Section 470-1-2-.01 - Composition

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Impaired Drivers Trust Fund Advisory Board is composed of seventeen members, one each from the following agencies and organizations:
(a) The Alabama Medical Association now known as The Medical Association of the Stat of Alabama
(b) The Alabama Head Injury Foundation.
(c) The Governor.
(d) The Department of Public Health.
(e) The Department of Human Resources.
(f) The Division of Special Education Services of the Department of Education.
(g) The Alabama Developmental Disabilities Planning Council.
(h) The Department of Mental Health and Mental Retardation.
(i) The Injury Prevention Research Center at the University of Alabama in Birmingham now known as UAB Injury Control Research Center
(j) The Alabama Head Injury Task Force.
(k) The Alabama Hospital Association.
(l) The Insurance Commissioner of Alabama.
(m) The Epilepsy Foundation of North and Central Alabama.
(n) The Alabama Medicaid Agency.
(o) The Alabama Coalition of Citizens with Disabilities.
(p) One member of the Alabama Senate appointed by the Lieutenant Governor.
(q) One member of the Alabama House of Representatives appointed by the Speaker of the House of Representatives.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-2 - THE BOARD AND ITS MEMBERS › Section 470-1-2-.02 - Officers And Committees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall elect a chair, vice chair, and secretary at an organizational meeting.
(2) The chair may establish any ad-hoc committees deemed necessary and shall appoint members to the following standing committees at an organizational meeting.
(a) Rules Committee - considers and proposes to the Board amendments to these rules, to the Board.
(b) Budget Committee - develops and submits to the Board financial reports and budgets.
(c) RFP Committee - develops requests for proposals and considers any proposals submitted and makes recommendations to the Board regarding proposals to establish priorities and criteria.
(d) Housing Committee - considers proposals submitted pursuant to the Board's Housing Initiative and approves disbursement of funds under any contract implementing any Housing Initiative.
(e) Legislative Committee - considers and advises Board on any proposed legislative issues.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-2 - THE BOARD AND ITS MEMBERS › Section 470-1-2-.03 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An organizational meeting shall be held not later than 30 days after appointments to the Board are finalized.
(2) Thereafter, the Board shall meet at the request of the chair, vice chair, or five or more members, with notice and procedure as prescribed by the rules of the Board.
(3) A majority of the members of the Board shall constitute a quorum for the purposes of transacting the business of the Board.
(4) Meetings shall be in accordance with
Roberts Rules of Order
.
(5) Public notice of all scheduled and called meetings shall be given.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §
										16-38A-4.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-2 - THE BOARD AND ITS MEMBERS › Section 470-1-2-.04 - Rulemaking

Current through Register Vol. 42, No. 9, June 28, 2024
From time to time the Board shall establish rules and regulations for transacting business pursuant to this chapter.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §
										16-38A-4.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-2 - THE BOARD AND ITS MEMBERS › Section 470-1-2-.05 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall keep full and written minutes of its proceedings.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §
										16-38A-3.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-2 - THE BOARD AND ITS MEMBERS › Section 470-1-2-.06 - Voting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each member of the Impaired Drivers Trust Fund Advisory Board shall be entitled to one vote, in person, by proxy or by written ballot.
(2) The method of voting, whether by voice vote, acclamation, show of hands, roll call or by secret or other written ballot, for any question before the Impaired Drivers Trust Fund Advisory Board or any of its duly appointed Committees shall be determined by the chair of the Advisory Board or the chair of the particular committee considering the question.
(3) A member of the Impaired Drivers Trust Fund Advisory Board may vote either in person or by proxy executed in writing by the member in accordance with the method of voting selected for the question by the chair.
(4) No member may cast a vote on any matter that would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §16-38-A-1.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-3 - THE BOARD - POWERS AND DUTIES › Section 470-1-3-.01 - The Board-General Powers And Duties

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall be charged with the responsibility of:
(a) Investigating the needs of citizens who have survived traumatic brain injury or spinal cord injury;
(b) Identifying the gaps in services to the citizens;
(c) Establishing priorities and criteria for disbursement of monies in the Impaired Drivers Trust Fund; and
(d) Assuring maximum benefit from the Fund.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §
										16-38A-4.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-3 - THE BOARD - POWERS AND DUTIES › Section 470-1-3-.02 - Agency Responsible For Disbursement Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Department of Rehabilitation Services shall be the agency responsible for the disbursement of monies from the trust fund in accordance with the priorities and criteria established by the Board.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §
										16-38A-4.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-3 - THE BOARD - POWERS AND DUTIES › Section 470-1-3-.03 - Annual Report Required

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall issue an annual report to the legislature with recommendations for meeting the needs of those citizens with head injuries and/or spinal cord injuries.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §
										16-38A-4.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-3 - THE BOARD - POWERS AND DUTIES › Section 470-1-3-.04 - Establishment Of Priorities And Criteria For Disbursement Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Any interested individual or entity may submit proposals to establish priorities and criteria to the RFP Committee of the Board by transmitting such proposals in writing to the RFP Committee of the Impaired Drivers Trust Fund Advisory Board, c/o Alabama Department of Rehabilitation Services, 2129 E. South Boulevard, Montgomery, Alabama, 36111.
(b) At meetings of the Board, the Board may consider proposals presented by the RFP Committee with its recommendations to establish priorities and criteria for disbursement of funds from the Impaired Drivers Trust Fund.
(c) Upon approval by a majority of the Board of any priority and criteria for disbursement of funds from the Impaired Drivers Trust Fund, the Board shall direct the Alabama Department of Rehabilitation Services to disburse the monies approved either through contracts, grants or other established procedures but only in accordance with all laws and administrative rules of the State of Alabama regarding disbursement of State funds.
Author:
Impaired Drivers Trust Fund Advisory Board
Statutory Authority:
Code of Ala. 1975
, §
										32-5A-191.2.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-4 - HOUSING INITIATIVE › Section 470-1-4-.01 - Housing Initiative-Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Housing Initiative of the Impaired Drivers Trust Fund Advisory Board is designed to stimulate the development of greater housing options for people with head injury and/or spinal cord injury as those terms are defined by the Board.
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
								16-38A-1.
History
:
New Rule:
Filed February 18, 1998; effective March 25, 1998.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-4 - HOUSING INITIATIVE › Section 470-1-4-.02 - Eligibility For Housing Assistance

Current through Register Vol. 42, No. 9, June 28, 2024
The person with a head injury and/or spinal cord injury must demonstrate that:
(a) He/She has a need for housing assistance by demonstrating that he/she is presently living in substandard housing or inaccessible housing.
(b) He/She has no other source of funds to obtain the requested Housing Assistance.
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
									16-38A-1.
History
:
New Rule:
Filed February 18, 1998; effective March 25, 1998.
Amended:
Filed May 17, 2000; effective June 21, 2000.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-4 - HOUSING INITIATIVE › Section 470-1-4-.03 - Application Process

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant for Housing Assistance shall submit an application form to the the Board's Housing Committee. Only one application may be awarded during any one applicant's lifetime. The Housing Committee may request additional information from any applicant in considering the award of any application and shall notify all applicants of the decision reached by the Housing Committee.
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
								16-38A-1.
History
:
New Rule:
Filed February 18, 1998; effective March 25, 1998.
Amended:
Filed May 17, 2000; effective June 21, 2000.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-4 - HOUSING INITIATIVE › Section 470-1-4-.04 - Award Of Housing Assistance

Current through Register Vol. 42, No. 9, June 28, 2024
Any approved housing assistance under this program may be awarded primarily for home accessibility modifications and/or structural repairs. Home purchase assistance may be considered where the applicant's current dwelling (not an apartment) is not structurally repairable or where repairs to such dwelling are monetarily infeasible (cost of repairs exceed estimated market value of dwelling or maximum award). In considering home purchase assistance, modification, or structural repair, the Housing Committee should explore other collaborative methods of improving the applicant's residential situation. The maximum award under this program shall be $15,000 per applicant.
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
								16-38A-1.
History
:
New Rule:
Filed February 18, 1998; effective March 25, 1998.
Amended:
Filed May 17, 2000; effective June 21, 2000.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-4 - HOUSING INITIATIVE › Section 470-1-4-.05 - Confidentiality

Current through Register Vol. 42, No. 9, June 28, 2024
All information submitted by an applicant to the Board's Housing Committee shall be kept confidential and only disclosed for the purpose of administering the Housing Initiative.
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
								16-38A-1.
History
:
New Rule:
Filed February 18, 1998; effective March 25, 1998.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-4 - HOUSING INITIATIVE › Section 470-1-4-.06 - Appeals Process

Current through Register Vol. 42, No. 9, June 28, 2024
Any applicant that is dissatisfied with a decision of the Housing Committee shall submit a request in writing to the Chairman of the Impaired Drivers Trust Fund Advisory Board for the appointment of a Hearing Panel to review the decision. This request must be submitted by the applicant within ten days of his or her receipt of the Housing Committee's notification of the action taken on his or her application. The Chairman shall appoint any odd-numbered group of members of the Impaired Drivers Trust Fund Advisory Board to serve as a Hearing Panel to review the decision, provided that no member of the Housing Committee shall serve on a Hearing Panel. The Hearing Panel shall select a chairperson and shall conduct a hearing to resolve any issue raised in writing by the applicant. A dissatisfied applicant will have the burden of showing that the decision of the Housing Committee with regards to his or her application was palpably wrong by clear and convincing evidence. A dissatisfied applicant may subpoena witnesses, submit written evidence or examine witnesses presented by the Housing Committee at the hearing before the Hearing Panel. A dissatisfied applicant can be represented by counsel before the Hearing Panel. The decision of the Hearing Panel on any issue before it must be by majority vote of the panel and all final decisions of the Hearing Panel shall be issued in writing. A record shall be made of all such hearings. A written decision of an appointed Hearing Panel shall constitute the final agency action of the Impaired Drivers Trust Fund Advisory Board.
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
								16-38A-1.
History
:
New Rule
: Filed February 18, 1998; effective March 25, 1998.
Alabama Administrative Code › Title 470 - ALABAMA IMPAIRED DRIVERS TRUST FUND ADVISORY BOARD › Chapter 470-1-4 - HOUSING INITIATIVE › Section 470-1-4-.07 - Judicial Review

Current through Register Vol. 42, No. 9, June 28, 2024
A dissatisfied applicant may seek judicial review after receiving the written decision of a Hearing Panel by following the judicial review procedures set out in the Alabama Administrative Procedure Act.
Author
: Impaired Drivers Trust Fund Advisory Board
Statutory Authority
:
Code of Ala. 1975
, §
								16-38A-1.
History
:
New Rule
: Filed February 18, 1998; effective March 25, 1998.
Alabama Administrative Code › Title 471 - ALABAMA OFFICE OF INFORMATION TECHNOLOGY › Chapter 471-X-1 - ORGANIZATION › Section 471-X-1-.01 - Name And Legal Authority

Current through Register Vol. 42, No. 9, June 28, 2024
Code of Ala. 1975
, §§
								41-28-1 et
				seq. sets forth the authority for the creation of an autonomous state agency to
				be known hereafter as the Office of Information Technology and for the
				promulgation of rules, regulations, and policies and to establish procedures
				and standards for the management and operation of information technology by
				state agencies, including coordinating state information technology. For
				purposes of clarity and to reduce confusion with similar entities, the Office
				of Information Technology may also be referred to as "the State of Alabama
				Office of Information Technology" or "the Office of Information Technology,
				State of Alabama" and may be abbreviated "OIT."
Author:
Taylor Nichols
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-28-1 et
				  seq.
Alabama Administrative Code › Title 471 - ALABAMA OFFICE OF INFORMATION TECHNOLOGY › Chapter 471-X-1 - ORGANIZATION › Section 471-X-1-.02 - Purpose And Composition

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala. 1975
, §
								41-28-1.1 sets forth the purpose of the Office of Information Technology:
(a) The streamlining and consolidation of
			 governmental functions is a priority and is of great importance to the economic
			 well-being of the State of Alabama, to its citizens, and to ensuring
			 appropriate and responsible use of taxpayer funds.
(b) The Office of Information Technology was
			 created in furtherance of the goal to streamline information technology in the
			 state.
(c) Effective utilization of
			 information technology is paramount to reducing the cost of governmental
			 operations and to serving the citizens of the state.
(d) Excellence in support for all state
			 agency information technology needs is critical to serving the people of
			 Alabama.
Alabama Administrative Code › Title 471 - ALABAMA OFFICE OF INFORMATION TECHNOLOGY › Chapter 471-X-1 - ORGANIZATION › Section 471-X-1-.03 - Powers And Duties

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The powers and duties of the Office of Information Technology and the Secretary
			 of Information Technology are set forth primarily in three statutory sections:
(a)
Code of Ala.
			 1975
, §
									41-28-4,
			 in the Chapter which established the Office of Information Technology and the
			 Secretary of Information Technology.
(b)
Code of Ala.
			 1975
, §
									41-4-221, in the
			 Article which established the Data Systems Management Division of the Alabama
			 Department of Finance, merged with OIT and its powers and duties incorporated
			 by reference pursuant to
Code of Ala. 1975
, §
									41-28-9.
(c)
Code of Ala.
			 1975
, §§
									41-4-283 and
			 41-4-284,
			 in the Article which established the Telecommunications Division of the Alabama
			 Department of Finance, merged with OIT and its powers and duties incorporated
			 by reference pursuant to
Code of Ala. 1975
, §
									41-28-9.
Alabama Administrative Code › Title 471 - ALABAMA OFFICE OF INFORMATION TECHNOLOGY › Chapter 471-X-1 - ORGANIZATION › Section 471-X-1-.04 - Electronic Records And Signatures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Legal Basis: The Alabama Uniform
			 Electronic Transactions Act ("UETA"),
Code of Ala.
			 1975
, §
								8-1A-1 et seq.,
			 enacted in 2002, is intended to facilitate the use of electronic documents in
			 business, commercial, and governmental transactions. UETA promotes but not
			 require the use of electronic signatures and creation of electronic documents.
			 Section
			 8-1A-1 B(a) provides
			 that "each government agency of this state with rule-making authority...may
			 determine by rule whether, and the extent to which, it will send and accept
			 electronic records and electronic signatures to and from other persons and
			 otherwise create, generate, communicate, store, process, use, and rely upon
			 electronic records and electronic signatures." Section
			 8-1A-12(a) provides that an electronic record meets other state law requirements for
			 record retention if the electronic record both accurately reflects the original
			 document and is accessible for later reference. Section
			 8-1A-13 provides that an electronic record may not be excluded from evidence in court
			 solely because it is in electronic form. Section
			 8-1A-12 {g) provides that the State Records Commission is not precluded by UETA from
			 placing additional requirements for record retention on agencies.
(2) Definitions: Except as otherwise
			 specified in this rule, undefined terms have the respective meanings set forth
			 in the Uniform Electronic Transactions Act. Notwithstanding the forgoing, the
			 following words where used in this rule shall have the following meanings:
(a) OIT. The State of Alabama Office of
			 Information Technology, as established in
Code of Ala.
			 1975
, §
									41-28-1.
(b) Records Disposition Authority or RDA. An
			 agency level records retention schedule issued by the State Records Commission
			 under the authority granted by the
Code of Ala. 1975
,
			 §§
									41-13-5 and
			 41-13-20 through 21.
(c) State Records
			 Commission. The State Records Commission, as established in
Code of
			 Ala. 1975
, §
									41-13-20.
(d) UETA. Alabama Uniform Electronic
			 Transaction Act,
Code of Ala. 1975
, §
									8-1A-1 et
			 seq.
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Chapter 473-X-1 - DEFINITIONS › Section 473-X-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicant
means an individual applicant in the case of a sole proprietorship, or any officer, director, agent, managing employee, general manager, or person in charge, or any partner or shareholder having an ownership interest in the corporation, partnership, or other business entity.
(2)
Board
means the Board of Home Medical Equipment, as established by the
Code of Ala. 1975
, Sections 34-14C-1 et. seq.
(3)
Consumer or Patient
means any person who uses home medical equipment in his or her place of residence.
(4)
Home Medical Equipment (HME)
means medical devices usable in a residential setting. Home Medical Equipment is any equipment that provides therapeutic benefits or enables the consumer to perform certain tasks that he or she is unable to undertake otherwise due to certain medical conditions and/or illnesses. Home Medical Equipment is considered to be equipment that can withstand repeated use and is primarily and customarily used to serve a medical purpose. Home Medical Equipment includes, but is not limited to:
(a) equipment such as wheelchairs and power-operated vehicles ("scooters"), wheelchair cushions and seating systems, hospital beds, traction equipment, canes, crutches, walkers; respiratory care equipment, including positive air pressure devices, invasive and non-invasive ventilators, apnea monitors, aerosol compressors, nebulizers, oxygen therapy equipment; and other such device; and other medically needed items.
(b) any product intended for use in the home and defined as a medical device by the U. S. Food and Drug Administration under the federal Food, Drug and Cosmetic Act, Chapter 11, Sec. 201. [312](b) and Chapter V, Subchapters (A) and (B).
(c) any product, intended for use in the home, which is a device, instrument, apparatus, machine, or other similar article whose label bears the statement: "Caution: Federal law requires dispensing by or on the order of a physician."
(d) any product eligible to be reimbursed under the Healthcare Common Procedure Coding System (HCPCS) code listing by any insurance provider, to include, but not limited to, Medicare Program Part B Durable Medical Equipment benefits or Alabama Medicaid Program Durable Medical Equipment benefits.
(e) Home Medical Equipment does not include prosthetics, splints, braces or aids custom fabricated by a licensed health care provider.
(f) Home Medical Equipment does not include vehicle platform lifts or residential platform lifts and stairways chair lifts.
Alabama Administrative Code › Title 473 - ALABAMA HOME MEDICAL EQUIPMENT BOARD › Chapter 473-X-2 - EMPLOYEES; OATH; MEETING; POWERS › Section 473-X-2-.01 - Employees; Oath; Meeting; Powers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may employ an executive director, attorney, experts, and other personnel as it may from time to time find necessary, for the proper performance of its duties, and for whom necessary funds are appropriated.
(2) Before entering public duties of the office, the members of the Board shall take the constitutional oath of office.
(3) The Board shall elect, at the first meeting following October 1st each year, a Chair and a Vice Chair. The board shall hold at least two meetings each year. Additional meetings may be held at the discretion of the Chair or upon the written request of any three members of the Board. A majority of the currently appointed members of the Board shall constitute a quorum.
(4) The Board shall inspect and pass on the qualifications of applicants and shall issue a license to each successful applicant.
(5) The Board may authorize expenditures as necessary to carry out its duties from the fees that it collects, pursuant to a budget developed and approved by the Board. In no event shall the expenditures exceed the revenues of the Board during any fiscal year.
(6) The Board may reimburse Board members for attorney fees incurred if individual members of the Board are personally sued under the Open Meetings Act. Absent negligence, reckless, wantonness, or deliberate misconduct, members of the Board are immune from liability for all good faith acts performed in the exercise of their duties as members of the Board.
Author:
Alabama Board of Home Medical Equipment Services Providers
Statutory Authority:
Code of Ala. 1975
, §34-14Cl thru §34-14C8, Act #2000-739, HB 419 of the 2000 Regular Session.