reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-6 - COMPLIANCE AND DISCIPLINARY ACTION › Section 140-X-6-.03 - Discipline And Injunctions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board may receive written complaints regarding licensees, registrants,
			 applicants, entities, or other persons regarding athletic training or
			 violations of the Alabama Athletic Trainers Licensure Act.
(2) The Professional Practice and Discipline
			 Committee will investigate the complaint and present the information to the
			 Board for its consideration.
(3)
			 Notice and opportunity to be heard will be afforded the licensee, registrant,
			 or person alleged to be delinquent or to have committed an impropriety, as
			 stated above. If, after such a hearing, the Board determines adversely to the
			 licensee, registrant, or person, the Board may:
(a) Order the licensee, registrant, or person
			 to correct the delinquency within a stated amount of time;
(b) Order the licensee, registrant, or person
			 to cease and desist the improper acts;
(c) Revoke the license or registration of the
			 licensee, registrant, or person;
(d) Refuse to issue a license, registration,
			 or renewal to the applying licensee, registrant, or person;
(e) Suspend the license or registration of
			 the licensee, registrant, or person pending correction of a delinquency or
			 impropriety;
(f) Institute a civil
			 action for an injunction with penalties and costs;
(g) Present the information and allegation of
			 misconduct to the District Attorney for the county in which the misconduct
			 occurred, for criminal prosecution of the case;
(h) Suspend license for failure to maintain
			 current certification through the Board of Certification of Athletic
			 Training;
(i) Suspend license for
			 failure to maintain current certification in standard first aid and CPR and AED
			 for the Professional Rescuer through the American Red Cross, BLS Healthcare
			 Provider through American Heart Association, or other Board-approved providers
			 so long as the certification process is completed annually.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-6 - COMPLIANCE AND DISCIPLINARY ACTION › Section 140-X-6-.04 - Advertising Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 written advertisement by an athletic trainer or an athletic training
			 establishment shall contain the Alabama license number of the athletic
			 trainer.
(2) No person without
			 valid Alabama athletic training licensure shall advertise as an athletic
			 trainer.
Authors:
Rodney Brown, ATC; Drew Ferguson, ATC;
				  Brad Montgomery, ATC
Statutory Authority:
Code of Ala.
				  1975
, §
										34-40-3(e).
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-7 - AWARD OF EDUCATION GRANTS › Section 140-X-7-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
As provided in the Code of Ala. 1975, §
								34-40-15,
				the Board has the authority to make grants, and to otherwise arrange with
				qualified individuals, institutions, or agencies to develop and promote
				athletic training programs and continuing education programs for athletic
				trainers.
Authors:
Lydia Thurston, Ciara Taylor, Bradley
				  Montgomery, Rodney Brown
Statutory Authority:
Code of Ala.
				  1975
, §
										34-40-3(e).
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-7 - AWARD OF EDUCATION GRANTS › Section 140-X-7-.02 - Acceptable Expenditures

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may, at its discretion, award grants for the ultimate
				purpose of protecting the public through granting funds to further the
				education of athletic trainers. Grants may be awarded annually, contingent upon
				the availability of funds, to education-related efforts as follows:
(1) Educational sessions which can include
			 on-site sessions or online through electronic means;
(2) Lab supplies;
(3) Continuing education provider
			 fees;
(4) Speaker/presenter
			 honorarium/award and/or travel costs;
(5) Student scholarships for attending or
			 presenting at educational sessions, including fees and travel costs;
(6) Academic scholarships for undergraduate
			 and graduate students enrolled in approved athletic training degree
			 program;
(7) Research grants for
			 projects related to healthcare for sports participants and physically active
			 people; or
(8) Such other
			 activities or expenditures that will, in the judgment of the Board, aid in the
			 education of athletic trainers.
Authors:
Lydia Thurston, Ciara Taylor, Bradley
				  Montgomery, Rodney Brown
Statutory Authority:
Code of Ala.
				  1975
, §
										34-40-3(e).
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-7 - AWARD OF EDUCATION GRANTS › Section 140-X-7-.03 - Grant Application Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
Grants are made at the discretion of the Board, and priority
				will be given to efforts with the greatest potential for broad impact on public
				safety.
(1) Grant applications shall
			 be submitted to the Board in writing.
(a)
			 Grant applications shall include the name of the organization requesting
			 funding, the amount requested, and a description and timing of plans for using
			 the funds.
(b) Grant applications
			 shall include a description of the method to be used for program
			 assessment.
(c) Grant activities
			 shall be completed by December 31 of the then-current year.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions will apply to these rules:
(1) Advisory Council. The Advisory Council of
			 the State Board of Medical Examiners and the Alabama Board of Athletic
			 Trainers, established pursuant to Code of Alabama 1975, as amended, §
								34-40-3.2.
(2) Athletic Trainer. A
			 person who is licensed by the State Board of Athletic Trainers as an athletic
			 trainer in Alabama
(3) Board of
			 Athletic Trainers. The Alabama Board of Athletic Trainers established pursuant
			 to
Code of Ala. 1975
, as amended, §
								34-40-3.
(4) Board of Medical Examiners. The State
			 Board of Medical Examiners established pursuant to
Code of Ala.
			 1975
, as amended, §
								34-24-53.
(5) Emergency Action Plan. A written document
			 which provides guidelines, defines personnel roles, and offers templates for
			 the treatment of a catastrophic injury in a given setting.
(6) Physician Supervision. A formal
			 relationship between an athletic trainer and a licensed physician under which
			 the athletic trainer is authorized to practice as evidenced by a written
			 protocol approved by the State Board of Medical Examiners. Physician
			 supervision requires that there shall at all times be a continuing and close
			 supervisory relationship between the athletic trainer and the physician to whom
			 that athletic trainer is registered. The term does not require direct on-site
			 supervision of the athletic trainer; however, supervision does include the
			 professional oversight and direction required by these rules and by the written
			 guidelines established by the Board of Athletic Trainers and the Board of
			 Medical Examiners.
(7) Protocol. A
			 document approved by the Board of Athletic Trainers and the Board of Medical
			 Examiners establishing the permissible functions and activities that an
			 athletic trainer may perform under the supervision of a physician.
(8) Supervising Physician. A physician
			 licensed by the Medical Licensure Commission of Alabama to whom an athletic
			 trainer is registered and who agrees in writing to supervise one or more
			 athletic trainers pursuant to the rules, regulations, and protocols established
			 by the Board of Medical Examiners and Board of Athletic Trainers.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.02 - Advisory Council

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Advisory Council's primary purpose is to provide a forum for the exchange of
			 information between the Board of Medical Examiners and the Board of Athletic
			 Trainers and for the formulation of recommendations on matters relating to the
			 supervision of athletic trainers by physicians.
(2) The Advisory Council shall consist of the
			 following:
(a) Three (3) physicians appointed
			 by the Board of Medical Examiners. For the initial term, one member shall be
			 appointed to a term concluding on June 30, 2022, one member shall be appointed
			 to a term concluding on June 30, 2023, and one member shall be appointed to a
			 term concluding on June 30, 2024. Thereafter, each appointee shall serve a term
			 of three (3) years.
(b) Three (3)
			 athletic trainers appointed by the Board of Athletic Trainers. For the initial
			 term, one member shall be appointed to a term concluding on June 30, 2022, one
			 member shall be appointed to a term concluding on June 30, 2023, and one member
			 shall be appointed to a term concluding on June 30, 2024. Thereafter, each
			 appointee shall serve a term of three (3) years.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.03 - Protocols

Current through Register Vol. 42, No. 9, June 28, 2024
(1) There shall be
			 a standard general practice protocol, approved by both the Board of Athletic
			 Trainers and the Board of Medical Examiners, which shall set forth the baseline
			 scope of practice, privileges, and permissible skills of all athletic trainers
			 licensed to practice in this state.
(2) There may be a standard specialty
			 practice protocol for each of the following areas of practice for athletic
			 trainers:
(a) Clinic and Hospital
			 Protocol;
(b) Secondary Schools
			 Protocol;
(c)
			 Collegiate/Professional League Protocol; and
(d) Occupational Setting Protocol.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.04 - Registration

Current through Register Vol. 42, No. 9, June 28, 2024
Each athletic trainer shall be licensed by the Board of
				Athletic Trainers and be registered with a supervising physician prior to
				engaging in athletic training practice as defined by
Code of Ala.
				1975
, §
								34-40-2(4).
				Registration of an athletic trainer with a supervising physician for the
				practice of athletic trainingshall be accomplished in the following
				manner:
(1) A completed application
			 for registration shall be submitted to the Board of Athletic Trainers;
			 and
(2) A detailed protocol(s)
			 which sets forth the anticipated functions and activities of the athletic
			 trainer and is signed by the supervising physician and theathletic trainer
			 shall accompany the application.
(3) The athletic trainer and the supervising
			 physician may be personally interviewed at the discretionof the Board of
			 Athletic Trainers, Board of Medical Examiners, or the Advisory
			 Council.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.05 - Limitations On The Physician Supervision Of Athletic Trainers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensed
			 physician may supervise up to fifteen (15) athletic trainers.
(2) Requests to supervise more than fifteen
			 (15) athletic trainers must be submitted to the Advisory Council and approved
			 in writing by the Board of Athletic Trainers and Board of Medical Examiners.
			 When evaluating whether to recommend the approval or denial of a physician's
			 request to supervise more than fifteen {15} athletic trainers, the Advisory
			 Council shall consider certain factors, including, but not limited to:
(a) The supervising physician's
			 availability;
(b) The parties'
			 disciplinary history and any licensure restrictions;
(c) The parties' practice settings;
(d) The parties' educational preparation,
			 experience, and specialty;
(e)
			 Whether the proposed protocol creates an undue risk of harm to patients;
			 and
(f) The complexity and risk of
			 procedures to be performed.
After consideration of the factors listed herein, the Advisory
				Council may make a non-binding recommendation of approval or denial of a
				physician's request to supervise more than fifteen {15} athletic
				trainers.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.06 - Qualifications of the Supervising Physician -Athletic Trainers

Current through Register Vol. 42, No. 9, June 28, 2024
The physician to whom an athletic trainer is registered
				shall:
(1) Possess a current,
			 unrestricted license to practice medicine in the State of Alabama;
(2) Be willing to accept responsibility for
			 the athletic trainer's practice; and
(3) On the date of the application, have
			 satisfied one of the following experience requirements:
(a) Have practiced medicine for at least
			 three years, excluding any practice in an internship, residency, fellowship, or
			 other supervised training program;
(b) Have practiced medicine for at least one
			 year, excluding any practice in an internship, residency, fellowship, or other
			 supervised training program, and certified by one or more of the specialty
			 boards recognized by the American Board of Medical Specialties or the American
			 Osteopathic Association; or
(c)
			 Have completed a fellowship accredited by the Accreditation Council for
			 Graduate Medical Education (ACGME) in Sports Medicine.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.07 - Requirements For Supervised Practice - Athletic Trainers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Physician supervision requires, at all
			 times, a continuing and close supervisory relationship between an athletic
			 trainer and the supervising physician.
(2) There shall be no independent,
			 unsupervised, or unregistered practice by an athletic trainer.
(3) The supervising physician shall be
			 readily available for communication either direct or by telephone or
			 telecommunication.
(4) The
			 supervising physician shall be available for consultation or referrals of
			 patients from the athletic trainer.
(5) An athletic trainer and their supervising
			 physician shall meet at least once each calendar year to review emergency
			 action plan{s).
(6) In the event of
			 an unanticipated, permanent absence of a supervising physician, another
			 licensed physician who satisfies the requirements set forth in this Chapter may
			 be designated as an athletic trainer's interim supervising physician for a
			 period of up to ninety (90) days. During the ninety (90) daytime period, a new
			 registration designating a new supervising physician should be submitted for
			 approval.
(7) A supervising
			 physician shall maintain independent medical judgment related to the practice
			 of medicine at all times, irrespective of employment structure or business
			 model.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.08 - Grounds For Denial Of Registration - Athletic Trainer And Supervising Physician

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 commission of any act by an athletic trainer which would constitute a violation
			 of
Code of Ala. 1975
, §
								34-40-10 or any rule of the Board of Athletic Trainers.
(2) The commission of any act by a
			 supervising physician which would constitute a violation of
Code of
			 Ala. 1975
, §
								34-24-360 or any rule of the Board of Medical Examiners or the Medical Licensure
			 Commission of Alabama.
(3) The
			 physician to whom the athletic trainer is registered has permitted or required
			 the athletic trainer to perform or to attempt to perform tasks which are beyond
			 the athletic trainer's competence or which are not authorized in the
			 protocol(s) approved by the Board of Athletic Trainers and the Board of Medical
			 Examiners.
(4) Refusal by the
			 athletic trainer or the supervising physician to appear before the Board of
			 Athletic Trainers, the Board of Medical Examiners, or the Advisory Council,
			 after having been formally requested to do so in writing.
(5) The supervising physician's license to
			 practice medicine has been revoked, suspended, restricted, or disciplined in
			 any manner.
(6) The athletic
			 trainer's license has been revoked, suspended, restricted, or disciplined in
			 any manner.
(7) Failure of a
			 supervising physician to maintain or produce for inspection upon request by the
			 Board of Medical Examiners any documentation required to be maintained by the
			 supervising physician.
(8) Failure
			 of an athletic trainer to maintain or produce for inspection upon request by
			 the Board of Athletic Trainers any documentation required to be maintained by
			 the athletic trainer.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.09 - Denial Of Registration - Bearing

Current through Register Vol. 42, No. 9, June 28, 2024
An athletic trainer who has a registration denied by either
				the Board of Athletic Trainers, the Board of Medical Examiners, or both may
				petition the denying board(s) for reconsideration of the registration. Any
				petition must be filed within thirty {30) days of denial of the registration.
				Upon receipt of the petition, the denying board(s) shall approve the
				registration or set a hearing thereon. All hearings under this rule shall be
				conducted in accordance with the
Code of Ala. 1975
,
				§§
								41-22-1,
				et. seq.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.10 - Termination Of Registration - Voluntary

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The athletic trainer shall immediately
			 inform the Board of Athletic Trainers in writing of the effective date of the
			 termination of any physician supervision.
(2) Failure to timely notify the Board of
			 Athletic Trainers of termination may be considered a violation of these rules
			 and regulations for the purpose of approval of future applications for
			 registration.
(3) A supervising
			 physician may terminate his or her supervision of an athletic trainer by
			 notifying the Board of Athletic Trainers.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.11 - Termination Of Registration - Involuntary

Current through Register Vol. 42, No. 9, June 28, 2024
The commission by an athletic trainer or a supervising
				physician of any act, offense, or condition set forth in Rule 540-X-28-.08 shall be grounds, within the discretion of the Board of Athletic Trainers or
				the Board of Medical Examiners, to terminate the registration of an athletic
				trainer to engage in athletic training practice under the supervision of a
				physician.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.12 - Temporary Approval - Athletic Trainer

Current through Register Vol. 42, No. 9, June 28, 2024
An athletic trainer may obtain temporary approval of a
				registration with a supervising physician after confirmed receipt by the Board
				of Athletic Trainers of a registration application and may continue in
				temporary practice until such time as the pending application for registration
				is approved or denied, provided the supervising physician meets the
				qualifications established in these rules. Under a temporarily approved
				registration, an athletic trainer shall only be permitted to practice pursuant
				to a standard general protocol.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.13 - Report To The Board Of Medical Examiners

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Athletic Trainers shall, not less than quarterly,
				prepare and submit a report to the Board of Medical Examiners detailing any
				applications for registration, protocols, amendments thereto, or terminations
				received under this Chapter, along with a report of any actions taken by the
				Board of Athletic Trainers on these items.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-8 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 140-X-8-.14 - Implementation

Current through Register Vol. 42, No. 9, June 28, 2024
All athletic trainers and supervising physicians shall be in
				full compliance with the provisions of this Chapter no later than January 1,
				2023.
Authors:
Advisory Council of AL Board of Medical
				  Examiners and AL Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-40-3(e),
				  34-40-3.2.
Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Appendix A - CONTINUING EDUCATION GUIDELINES AND FORM

Current through Register Vol. 42, No. 9, June 28, 2024
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Authors:
Alabama Board of Athletic Trainers
Statutory Authority:
Code of Ala.
				1975
,
The amended
			 version of this section by
			 Alabama
			 Administrative Monthly Volume XXXVIII, Issue No. 03, December 31,
			 2019, file. 12/13/2019 is not yet
			 available.
Alabama Administrative Code › Title 142 - ALABAMA ATHLETE AGENTS COMMISSION › Chapter 142-X-1 - [Repealed] › Section 142-X-1-.01 - Fee Schedule Policy And New Application/Registration Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Sharon Frith
Statutory Authority:
Code of Ala.
				  1975
, Chapter 26, Title 8.
Alabama Administrative Code › Title 142 - ALABAMA ATHLETE AGENTS COMMISSION › Chapter 142-1-1 - ORGANIZATION, APPLICATION, PAYMENT OF FEES AND COSTS ALABAMA ATHLETE AGENTS COMMISSION › Section 142-1-1-.01 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
1. The Alabama
			 Athlete Agents Regulatory Commission is continued in existence as the Alabama
			 Athlete Agents Commission (hereinafter "the Commission") and is established by
			 Alabama Code Section
			 8-26B-30.
2. The Commission performs duties set forth
			 in Title 8, Chapter 26B, of the Code of Alabama. The Commission shall have
			 authority to do all of the following:
a. New
			 Applications. Review, consider, and approve or deny, for reasons provided by
			 Alabama Code Section
			 8-26B-6, all new applications for
			 registration as an athlete agent in the State of Alabama upon receipt and
			 processing by the Secretary of State;
b. Reciprocal Registration Applications.
			 Review, consider, and approve or deny, for reasons provided by Alabama Code
			 Section 8-26B-6, all applications for
			 reciprocal registration as an athlete agent in the State of Alabama upon
			 receipt and processing by the Secretary of State;
c. Renewal Applications. Review, consider,
			 and approve or deny, for reasons provided by Alabama Code Section
			 8-26B-6, all applications for
			 registration renewal as an athlete agent in the State of Alabama upon receipt
			 and processing by the Secretary of State;
d. Temporary Registration Applications.
			 Review, consider, and make permanent all applications for temporary
			 registration as an athlete agent in the State of Alabama issued by the
			 Secretary of State after receipt and processing;
e. Review, consider, limit, suspend, revoke,
			 refuse to renew, or refuse to make permanent the registration or temporary
			 registration of an athlete agent, for reasons provided by Alabama Code Sections
			 8-26B-6 and
			 8-26B-7, and following the process
			 put forth in Rule
			 142-1-2-.01; and
f. Otherwise perform such duties as may be
			 necessary to meet the requirements of Alabama law regarding the registration
			 and certification of athlete agents in the State of Alabama.
Alabama Administrative Code › Title 142 - ALABAMA ATHLETE AGENTS COMMISSION › Chapter 142-1-1 - ORGANIZATION, APPLICATION, PAYMENT OF FEES AND COSTS ALABAMA ATHLETE AGENTS COMMISSION › Section 142-1-1-.02 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
1. All applications
			 and requests for which the Commission has prescribed a form must be made on the
			 prescribed form. Forms used by the Commission may be acquired from the Office
			 of the Secretary of State and are available online through the Secretary of
			 State's website.
2. Each applicant
			 will complete an application for a new certificate of registration, reciprocal
			 registration, renewal, or temporary registration and submit it to the Secretary
			 of State through the Secretary of State's website. The application must be
			 signed by the applicant under penalty of perjury. All required documentation
			 showing the applicant meets all statutory certification requirements must be
			 uploaded and received before an application package will be
			 processed.
3. Incomplete
			 application packages will not be processed.
4. An application identified to contain a
			 materially false, misleading, deceptive, or fraudulent representation will be
			 denied. Likewise, any approved application identified after the fact to contain
			 a materially false, misleading, deceptive, or fraudulent representation, will
			 be grounds for suspending, revoking, or refusing registration.
Author:
Michael L. Jones, Jr.; Meridith H.
				  Blackburn
Statutory Authority:
Alabama Code §§
										8-26B-3,
				  8-26B-5,
				  8-26B-6,
				  8-26B-9,
				  8-26B-14;
				  8-26B-30,
				  41-1-60.
Alabama Administrative Code › Title 142 - ALABAMA ATHLETE AGENTS COMMISSION › Chapter 142-1-1 - ORGANIZATION, APPLICATION, PAYMENT OF FEES AND COSTS ALABAMA ATHLETE AGENTS COMMISSION › Section 142-1-1-.03 - Payment of Fees and Costs

Current through Register Vol. 42, No. 9, June 28, 2024
1. Any
			 person making application for a new certificate of registration, reciprocal
			 registration, renewal, or temporary certificate of registration shall be
			 subject to payment of the highest applicable fee provided by Alabama Code
			 Section 8-26B-9.
a. Payment of the required application fee
			 shall be made online with the submission of the application package through the
			 Secretary of State's website in accordance with Alabama Code Section
			 41-1-60.
b. No application package will be processed
			 without payment of required application fees.
c. All application fees are nonrefundable and
			 nontransferable.
Alabama Administrative Code › Title 142 - ALABAMA ATHLETE AGENTS COMMISSION › Chapter 142-1-2 - LIMITATION, SUSPENSION, REVOCATION, REFUSAL, PENALTY IMPOSITION, AND RECONSIDERATION › Section 142-1-2-.02 - Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
Reconsideration of the decision of the Commission may be
				requested based on good cause shown. Good cause shall include, but is not
				limited to, additional evidence or information, which was not previously
				available, and which more likely than not would have influenced the
				Commission's decision. A written request for reconsideration shall be filed
				within thirty (30) days from the postmark date of the notice of the
				Commission's decision. Untimely requests will not be
				considered.
Author:
Michael L. Jones, Jr.; Meridith H.
				  Blackburn
Statutory Authority:
Alabama Code §§
										8-26B-3,
				  8-26B-5,
				  8-26B-6,
				  8-26B-7,
				  8-26B-8,
				  8-26B-14,
				  8-26B-15;
				  8-26B-16;
				  8-26B-17;
				  8-26B-30.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Auctioneer: The
			 term auctioneer shall include any person selling real estate, goods, wares,
			 merchandise, automobiles, livestock, or other things of value by or at public
			 auction.
(2) Auction: A public sale
			 of property to the highest bidder.
(3) Auction Business or Business of
			 Auctioneering:
The sale, either directly or through agents, or real or
				personal property at auction or the arranging, sponsoring, managing, promoting,
				conducting of advertising of auctions.
(4) Auction Company: Any legal business
			 entity, including a sole proprietorship, that engages in the business of
			 auctioneering.
(5) Absolute
			 Auction: An auction without reserve. See Auction Without Reserve.
(6) Auction With Reserve: An auction in which
			 the seller or his agent reserves the right to establish a minimum bid, to
			 accept or reject any and all bids and to withdraw the property at any time
			 prior to the completion of the sale by the auctioneer.
(7) Auction Without Reserve: An auction in
			 which property put up for sale is sold to the highest bidder; where no minimum
			 price will limit the bid; where the seller may not withdraw the property from
			 the auction after the auctioneer calls for bids thereon, unless no bid is made
			 within a reasonable time; and where the seller may not nullify the sale by
			 bidding himself or through an agent. "Auction Without Reserve" is equivalent to
			 the term "Absolute Auction." The Practice of deliberately misleading
			 customers/buyers by marketing a property as "absolute" for the sole purpose of
			 obtaining a pre-auction bid which is sufficient to meet or exceed the actual
			 reserve of the seller, with the intention of either converting to a reserve
			 auction or canceling the sale if the strategy is unsuccessful, is strictly
			 prohibited and may be grounds for disciplinary action against the
			 licensee.
(8) Estate Auction: An
			 auction in which all the property advertised and sold is the property of a
			 specified deceased person or the property of a specified living person's
			 estate.
(9) Personal Auction: Any
			 person selling his or her own goods at public or online auction.
(10) Single Day Auction: A singular auction
			 event for a fee held by a company licensed in accordance with another state's
			 law conducted by an auctioneer licensed in accordance with another state's
			 laws.
Author:
J. O. Blandenburg
Statutory Authority:
Code of Ala.
				  1975
, §
										34-4-4.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.03 - Advertisements

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Any
			 advertisements for auction sale must identify the name and license number of
			 the auctioneer and any apprentices who will be conducting the auction
			 business.
(b) Apprentice
			 auctioneers must meet the same requirements and must additionally identify
			 their sponsor's name and state license number.
(c) This rule pertains to any and all
			 advertisements and includes billboards, Internet, television and radio
			 advertisements, etc. Auction companies must include the name and state license
			 number of the principal auctioneer; Internet advertisements for specific
			 auctions with online-bidding must list the name and state license number of the
			 auction company's principal auctioneer.
(d) Auctioneers will be held responsible for
			 all advertising and should take precautions that mistakes do not
			 occur.
(e) False, deceptive,
			 misleading and untruthful advertising is expressly prohibited. Any
			 advertisement or advertising shall be deemed to be false, deceptive, misleading
			 or untruthful, if it:
1. Contains
			 misrepresentations of facts;
2. Is
			 misleading or deceptive because in its content or in the context in which it is
			 presented, it makes only a partial disclosure of relevant facts;
3. Creates false or unjustified exceptions of
			 the services to be performed;
4.
			 Contains any representation or claim which the advertising licensee fails to
			 perform;
5. Advertises an auction
			 as absolute when any portion to be sold is subject to confirmation or with
			 reserve or with minimum bids.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.04 - Examination Days

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Exams will be
			 computer-based and administered in several locations throughout the state by an
			 appropriate vendor of such services as selected by the board. A completed
			 application for licensure must be received and approved by the board before an
			 applicant will be allowed to sit for the examination. Upon approval of his/her
			 application, the applicant will receive written notification from the board
			 regarding scheduling of the examination and the time frame during which the
			 applicant remains eligible to sit for the examination under his/her current
			 application.
(b) An applicant whose
			 application has been canceled for failure to sit for the examination during the
			 prescribed time period must pay another examination fee as if no prior fee had
			 been submitted. Each time an examination is taken and failed, the examination
			 fee is forfeited. The applicant may request reexamination without submitting
			 another application, but must remit the appropriate examination fee.
			 (34-4-21)
Rule .05 was renumbered to .04 as per certification filed
				  July 24, 2007; effective August 28,
				  2007.
Author:
J. O. Blandenburg
Statutory Authority:
Code of Ala.
				  1975
, §
										34-4-21.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.05 - Exams

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The examination
			 shall test the applicant's knowledge of the following:
(1) General knowledge of ethics.
(2) Reading, writing and elementary
			 arithmetic.
(3) The statutes of
			 this state relating to auctions and this chapter.
(4) The fundamentals of auctioneering, to
			 include, but not be limited to, contract law; law of principal and agent;
			 accounting terminology; advertising; and types of auctions.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.06 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Fees shall be
			 made payable to the board. Cash payment will not be accepted. In the event that
			 a check is returned to the board, the individual's license may be revoked in
			 accordance with disciplinary proceedings conducted under the Auctioneers
			 License Act and the Alabama Administrative Procedure Act until proper
			 restitution is made, plus payment of any applicable fee for late
			 renewal.
(b) Upon receipt of notice
			 of passing the examination or approval of the reciprocal application, the
			 applicant shall submit his/her annual license fee within thirty (30) days of
			 receipt of said notice. Failure to submit such license fee within the above
			 prescribed time shall be deemed sufficient reason for cancellation of said
			 application.
Rule .07 was renumbered to .06 as per certification filed
				  July 24, 2007; effective August 28,
				  2007.
Author:
J. 0. Blandenburg
Statutory Authority:
Code of Ala.
				  1975
, §
										34-4-21.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.07 - Conflict And Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(a) No Board
			 member shall be entitled to participate I any hearing held before the Board in
			 accordance with
Code of Ala. 1975
, §
								34-4-29(d) or vote in such a hearing if the Board member has a disqualifying conflict or
			 bias against the respondent or if such participation or vote would violate the
			 provisions of the Alabama Administrative Procedure Act, Section
			 41-22-18(a),
Code of Ala, 1975
.
(b) Any respondent in a disciplinary action
			 who wishes to assert bias or conflict regarding a Board member's participation
			 or vote may do so by filing an affidavit asserting the disqualification,
			 together with a statement of the underlying factual basis for the assertion,
			 with the Executive Director at least three days prior to the scheduled
			 hearing.
(c) The board shall
			 consider the assertion of disqualification on the record as a preliminary
			 matter at the hearing before any other action is initiated.
Rule .08 was renumbered to .07 as per certification filed
				  July 24, 2007; effective August 28,
				  2007.
Author:
Dana Billingsley
Statutory Authority:
Code of Ala.
				  1975
, §
										34-4-1.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.08 - Disciplinary Actions

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Proceedings
			 to revoke or suspend a license or to take action against a licensee or
			 non-licensee for violations of the Auctioneer License Act, Section 34-4-1, et
			 seq.,
Code of Ala. 1975
, or the rules promulgated by
			 the Board may be initiated by any person upon the filing of a complaint with
			 the Board office. Proceedings to deny an application for licensure may be
			 initiated by the Board without a complaint under the direction of the Executive
			 Director.
(b) A complaint initiated
			 by an individual or entity against a licensee or non-licensee shall be in
			 writing and shall contain:
(1) The name and
			 address of the complaining party, as well as the name and address of the
			 individual or entity against which the complaint has been filed.
(2) A plain and concise statement of the
			 facts which indicate that the provisions of the Auctioneer License Act, Section
			 34-4-1, et seq.,
Code of Ala. 1975
, or the rules
			 promulgated by the Board have been violated.
(3) The signature of the
			 complainant.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.09 - Inspection Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
Documents, books or records concerning an auction or auctions
				must be made available for inspection by the board or its authorized personnel
				or representative upon request. Failure to produce requested documents, books,
				records, or copies thereof, within thirty (30) days will be grounds for
				administrative action by the board. (34-4-4)
Rule .10 was renumbered to .09 as per certification filed
				  July 24, 2007; effective August 28,
				  2007.
Author:
J. O. Blandenburg
Statutory Authority:
Code of Ala.
				  1975
, §
										34-4-4.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.10 - Duties Of Sponsors And Apprentices

Current through Register Vol. 42, No. 9, June 28, 2024
(a) In order to sponsor an apprentice
			 auctioneer, an auctioneer must have been licensed for at least two (2) years
			 and be in good standing with the Board.
(b) Any apprentice auctioneer so sponsored
			 shall be under the direct supervision of his/her sponsor or under the direct
			 supervision of his/her non-sponsoring employer auctioneer, if acting pursuant
			 to paragraph (g).
(c) A sponsoring
			 auctioneer is to be responsible and accountable for the acts of their
			 apprentices in the conduction of auction business and sales and have agreed to
			 be present at the sale site and directly supervise any auction sale conducted
			 by said apprentice. In the event a sponsoring auctioneer cannot attend a
			 particular sale, he/she must make a written appointment of a qualified licensed
			 auctioneer to act in his/her stead on a form approved by the Board.
(d) All sponsoring auctioneers shall be an
			 Alabama Licensed Auctioneer in good standing with the Board.
(e) Any legal document relative to
			 conducting, or offering to conduct, any auction shall be executed by an
			 auctioneer, or by an apprentice auctioneer with the approval of his/her sponsor
			 so noted on the document.
(f) Any
			 advertisement for an auction sale must clearly and conspicuously identify the
			 name and license number of the sponsoring auctioneer and any apprentices who
			 will be conducting the auction business.
(g) An apprentice auctioneer may be employed
			 by a licensed auctioneer who is not designated as the apprentice's sponsor if
			 the following terms and conditions are met:
1. The apprentice auctioneer must first
			 notify the Board of such employment on a form approved by the Board. The form
			 shall include the written permission of the apprentice's sponsor and the
			 agreement of the non-sponsoring employer auctioneer to assume the duties of the
			 sponsoring auctioneer during the term of employment. The form shall contain the
			 signatures of the apprentice auctioneer, the sponsoring auctioneer and the
			 non-sponsoring employer auctioneer, which may be provided in counterparts, but
			 which shall constitute a single agreement regarding the employment of the
			 apprentice auctioneer.
2. The
			 non-sponsoring employer auctioneer must be currently licensed as an auctioneer
			 in the State of Alabama and must be in good standing with the Board.
3. Any violation of this rule shall subject
			 the apprentice auctioneer, the sponsoring auctioneer and/or the non-sponsoring
			 employer auctioneer to disciplinary action by the Board.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.12 - Auctioneer Schools

Current through Register Vol. 42, No. 9, June 28, 2024
In order to be eligible for approval by the Alabama State Board
				of Auctioneers, an auction school must provide evidence of annual certification
				by the Alabama Department of Education or the Postsecondary Education
				Department (or the equivalent thereof in another state) as required by state
				law
(a) Schools of auctioneering
			 seeking approval of their curriculum shall file an application with the
			 Board.
(b) A minimum of eighty-five
			 (85) hours of classroom instruction in the fundamentals of auctioneering is
			 required for graduation for auctioneers.
(c) Truthfulness, honesty and integrity of
			 the profession must be emphasized in all coursework. Ethical conduct must also
			 be stressed, in an auctioneer's dealings with fellow auctioneers, buyers and
			 sellers, and the public-at-large.
(d) The laws of principal and agent must be
			 clearly presented. Care must be taken to see that training sessions do not
			 degenerate into random discussions.
(e) Specific "educational objectives" for
			 each session must be identified. "Educational objectives" must be planned and
			 coordinated so that an "overall educational objective" is achieved during the
			 courses.
(f) An examination on the
			 information presented must be administered at the end of each course of
			 instruction; students shall be given credit for completing the course only
			 after taking and passing such an examination.
(g) In order to be accepted as an approved
			 school, and in order to remain approved, the course curriculum must contain
			 classroom instruction in the following subjects:
1. Bid calling
2. Auction laws and auctioneering
			 ethics
3. Contract law
4. Law of Principal and agent
5. Conducting an auction
6. Clerking and cashiering
7. Auction advertising
8. Contract Auctioneering to include
			 livestock and automobiles
9. Real
			 estate auctions
10. Auction house,
			 estate and antique auctions
11.
			 Machinery & equipment auctions
12. Business liquidations
13. Benefit Auctions
14. Internet Auctions to include:
(i) Cataloging
(ii) Check Out
(iii) Load Out
(iv) Data collection