reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 364-X-14-.03 - Qualified By Education And Experience

Current through Register Vol. 42, No. 9, June 28, 2024
The professional geologist shall act competently and use proper
				care in performing geologic services for clients or employers and shall perform
				his/her services only in areas of his/her competence as qualified by education
				and experience as follows:
(1) The
			 professional geologist shall undertake or perform geologic assignments only
			 when qualified by education or experience in the specific technical field of
			 geology involved.
(2) The
			 professional geologist may accept an assignment requiring education or
			 experience outside of his/her own field of competence, but only to the extent
			 that his/her services are restricted to those phases of the project in which
			 he/she is qualified. All other phases of such project work shall be performed
			 by qualified associates, consultants, or employees.
(3) The professional geologist shall not
			 affix his/her signature and/or seal on any document dealing with subject matter
			 to which he/she lacks competence by virtue of education or experience, nor to
			 any such plan or document not prepared under his/her direct supervisory control
			 except that the professional geologist may affix his/her seal and signature to
			 drawings and documents depicting the work of two or more professionals provided
			 he/she designates by note under his/her seal, the specific subject matters for
			 which he/she is responsible.
(4)
			 The professional geologist shall be completely objective and truthful in all
			 professional reports, statements or testimony. He/she shall include all
			 relevant and pertinent information in such reports, statements or
			 testimony.
(5) The professional
			 geologist, when serving as a expert or technical witness before any court,
			 commission, or other tribunal, shall express an opinion only when it is founded
			 upon adequate knowledge of the facts in issue, upon background of technical
			 competence in the subject matter, and upon honest conviction of the accuracy
			 and propriety of his/her testimony.
(6) The professional geologist will issue no
			 statements, criticism, or arguments on geologic matters connected with public
			 policy which are inspired or paid for by an interested party, or parties,
			 unless he/she has prefaced his/her comment(s) by explicitly identifying
			 himself/herself, by disclosing the identities of the party or parties on whose
			 behalf he/she is speaking, and by revealing the existence of any pecuniary
			 interest he/she may have in the instant matters.
(7) The professional geologist shall not
			 engage in any professional matter for which a specific license is required
			 without first being licensed in that profession.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 364-X-14-.04 - Confidences Of Clients And Employers

Current through Register Vol. 42, No. 9, June 28, 2024
The professional geologist shall safeguard and preserve the
				confidences and private information of clients and employers as follows:
(1) Except as permitted by Rule 364-X-14-.04,
			 the professional geologist shall not knowingly:
(a) reveal a confidence or private
			 information regarding or in possession of his/her client or employer, current
			 or former.
(b) use a confidence or
			 private information regarding or in the possession of his client or employer,
			 current or former, to the disadvantage of such client or employer.
(c) use a confidence or private information
			 regarding or in the possession of his client or employer for the advantage of a
			 third person, unless the client or employer, current or former, consents after
			 full disclosure.
(d) nothing in
			 this Article shall relieve a professional geologists from complying with Rule
			 364-X-14-.03(e).
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 364-X-14-.05 - Practice

Current through Register Vol. 42, No. 9, June 28, 2024
The professional geologists shall solicit or accept work only
				on the basis of his/her qualifications, and shall endeavor to build his/her
				practice and professional reputation on the merit of his/her services as
				follows:
(1) The professional
			 geologist shall not offer to pay, either directly or indirectly, any
			 compensation, political contribution, or gift, or other consideration in order
			 to secure work, exclusive of securing salaried positions through employment
			 agencies.
(2) The professional
			 geologists shall compete for professional employment on the basis of
			 qualifications and competence for proper accomplishment of the work. He/she
			 shall not solicit or submit proposals for professional services containing
			 false, fraudulent, misleading, deceptive, or unfair statements or claims
			 regarding the cost, quality, or extent of his/her services to be
			 rendered.
(3) The professional
			 geologist shall not falsify or permit misrepresentation of his/her or his/her
			 associate's academic or professional qualifications. He/she shall not
			 misrepresent or exaggerate his/her degree or responsibility in or for the
			 subject matter or prior assignments. Brochures or other presentations incident
			 to the solicitation of employment shall not misrepresent pertinent facts
			 concerning employer, employee, associates, joint ventures, or his/her or their
			 past accomplishments with the intent and purpose of enhancing his/her
			 qualifications and his/her work. Prohibitions listed above include but are not
			 limited to:
(a) the use of statements
			 containing a material misrepresentation of fact or omitting a material fact
			 necessary to keep the statement from being misleading;
(b) statements intended or likely to create
			 an unjustified expectation;
(c)
			 statements containing prediction of future success; or
(d) statements containing an opinion as to
			 the quality of services.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 364-X-14-.07 - Responsibility Of Conduct

Current through Register Vol. 42, No. 9, June 28, 2024
A company, corporation, partnership, firm, or professional
				association shall be held responsible for the conduct and acts of its agents,
				employees, officers, partners, or owners, licensed or non-licensed.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 364-X-14-.08 - Convictions

Current through Register Vol. 42, No. 9, June 28, 2024
The revocation, suspension, or denial of a license to practice
				geology in another jurisdiction, for reasons or causes which the Board finds
				would constitute a violation of the Alabama Law regulating the practice of
				Geology or any rule, regulation or code promulgated by the Board shall be
				sufficient cause for the denial, suspension or revocation of a license to
				practice geology in the State of Alabama.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-15 - COMPLIANCE AND ENFORCEMENT › Section 364-X-15-.01 - Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
Section
				34-41-8,
Code of Ala.
				1975
, provides that a company, partnership, corporation, firm or
				professional association, in which the primary activity consists of geological
				services affecting the public welfare and which require licensing pursuant to
				the Act, may engage or offer to engage in the practice of professional geology;
				provided that one or more of the partners or officers of such a company,
				partnership, corporation, firm or professional association are licensed as
				provided by Title 34, Chapter 41 of the
Code of Ala.
				1975
.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-8.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-15 - COMPLIANCE AND ENFORCEMENT › Section 364-X-15-.02 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may initiate action in cases where a person's or
				business entity's actions are in violation of the Act or the Board's rules.
				Upon receipt of evidence that any person is so acting, the Board may assemble
				the facts, obtain legal guidance and follow the case to completion based on the
				legal guidance given.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-18.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.01 - Filing Of Complaints And Charges

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person, business, or other entity,
			 including a member of the Board, may file with the Secretary of the Board a
			 complaint or charge of any misconduct or other circumstance listed under
			 Section 34-41-19,
Code of Ala.
			 1975
. Such a complaint or charge must be in writing and sworn to.
			 Complaints shall be referred to a standing investigative committee of the Board
			 consisting of a board member, the Board's investigator, the executive
			 secretary, and the Board's attorney. The investigative committee shall submit a
			 report to the Board as to the validity or merit of the complaint or charge.
			 After consideration of any complaint or charge by the investigative committee,
			 the Board may give notice of an administrative hearing under the Alabama
			 Administrative Procedure Act, or may take other action as provided by
			 regulation or statute. All complaints or charges received by the Board are to
			 be held in confidential status until the investigative committee reviews the
			 allegations and recommends further action.
(2) Examples of conduct for which the Board
			 may take disciplinary action under
Code of Ala. 1975
,
			 Section 34-41-19, shall include, but not
			 limited to, the following:
(a) basic
			 scientific principles are ignored;
(b) critical factors are not
			 investigated;
(c) data are not
			 analyzed or are selectively analyzed;
(d) data collection is incomplete or
			 inappropriate;
(e) unsupported
			 assumptions are made or unsupported conclusions reached;
(f) misleading presentations of
			 data;
(g) conclusions or
			 recommendations that lack the support from the presented data.
Author:
Thornton Neathery
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.02 - Reprimand

Current through Register Vol. 42, No. 9, June 28, 2024
If probable cause for the complaint or charge is found, but it
				is determined that license revocation or suspension would not be warranted even
				if the complaint or charge was proven, the accused party shall be informed of
				the nature of the complaint or charge, and that the complaint or charge, if
				admitted, may result in a private reprimand, and will be asked to respond to
				the complaint or charge. If the accused party admits to the complaint or
				charge, then a private reprimand will be issued if appropriate. If the accused
				party denies the complaint or charge, then the accused party will be given an
				opportunity to appear before the Board for an informal hearing at which the
				evidence supporting the complaint or charge will be considered. If after the
				informal hearing the Board finds that the complaint or charge is established,
				the Board may issue a private reprimand. A record of any private reprimand
				issued by the Board under this rule shall be maintained in the Board's office
				but shall not be made public.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-17.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.03 - Dismissal Of Charges

Current through Register Vol. 42, No. 9, June 28, 2024
If no probable cause is found, the Board shall dismiss the
				charges as unfounded or trivial and prepare a statement, in writing, of the
				reasons for the decision. The statement shall be mailed to the accused party
				and the complaining party by registered or certified mail.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-17.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.04 - Letter Of Caution

Current through Register Vol. 42, No. 9, June 28, 2024
If no probable cause is found, but it is determined by the
				board that the conduct of the accused party is not in accord with accepted
				professional practice or may be subject to disciplinary action if continued or
				repeated, the Board may issue a Letter of Caution to the accused party stating
				that the conduct, while not the basis for a disciplinary hearing, is not
				professionally acceptable or may if repeated be the basis for a letter of
				reprimand or a disciplinary hearing from which suspension or revocation of
				license could result. A record of such Letter of Caution shall be maintained in
				the office of the Board but shall not be made public.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-17.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.05 - Right Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
If the Board finds probable cause exists and that the nature of
				the alleged violation could result in license suspension or revocation, the
				accused party shall be notified of the right to a hearing before any
				disciplinary action is taken. The notification shall be by certified mail, and
				shall include a factual statement of the alleged violation, a statement as to
				the possible action that could result from a determination by the Board, a
				statement as to the legal authority and jurisdiction under which the hearing
				would be held. The accused party may assert his/her right to a hearing by
				mailing a request for a hearing to the Board by certified mail within 30 days
				of receipt of the notice, and the notification shall inform him or her of the
				timeframe and method for making this request. If an accused party fails to
				request a hearing in the manner provided here, the Board shall proceed to
				consider the alleged violation and appropriate disciplinary action, if any,
				based upon the information in its possession. If the alleged violation is by a
				person or entity which does not hold a license, the Board may refer the case to
				the appropriate prosecutor for criminal prosecution or seek an injunction in a
				court of appropriate jurisdiction under
Code of Ala.
				1975
, Section
				34-41-23, or other applicable
				provision of law.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.06 - Request For Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When
			 an individual believes his or her rights, duties or privileges have been or may
			 be affected by the Board's administrative action, but has not received notice
			 of a right to an administrative hearing, he or she may file, in writing, a
			 formal request for a hearing.
(2)
			 Before an individual may file a request, he/she must first exhaust all
			 reasonable efforts to resolve the issue informally with the Board office. This
			 requirement will be satisfied by decision of the matter by the chairman of the
			 Board or other designee of the Board.
(3) Subsequent to such informal action, if
			 still dissatisfied, the individual may submit a request, in writing, to the
			 Board with the container of the request bearing the notation: "RE: REQUEST FOR
			 ADMINISTRATIVE HEARING." That request should contain the following information:
(a) Name and address of the
			 petitioner,
(b) A concise statement
			 of the action taken by the Board which is challenged;
(c) A concise statement of the way in which
			 the petitioner has been aggrieved; and
(d) A clear and specific statement of request
			 for a hearing.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.07 - Granting Or Denying Hearing Request

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board or its designee will decide
			 whenever to grant a request for a hearing.
(2) A denial of a request for a hearing will
			 be issued immediately upon decision, and in no case later than 30 days after
			 receipt of the request. Such denial shall contain a statement of the reasons
			 leading the Board to deny the request.
(3) Approval of a request for a hearing will
			 be signified by the issuing of a notice as required by the Alabama Procedures
			 Act, and explained in Rule
			 364-X-16-.08 of this Section.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.08 - Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the items specified in the Alabama Procedures
				Act to be included in the notice, notices of administrative hearing, of the
				Board shall:
(1) Give the name,
			 position, address and telephone number of a person in the Board office to
			 contact for further information or discussion;
(2) Include a statement that failure to
			 inform the Board within 30 days after notice is mailed of intent to appear at
			 any hearing or preheating conference scheduled in the hearing notice will be
			 deemed a waiver of the right to a hearing;
(3) Give notice of date and place for a
			 preheating conference, if any;
(4)
			 Give scheduled the date of the hearing; and
(5) Include any other information deemed
			 relevant to informing the party or parties as to the procedure of the hearing.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.09 - Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon a finding,
			 either after a hearing or, if a hearing is not requested, after informal
			 consideration, that a licensee has committed any of the acts or omissions, or
			 is subject to any of the circumstances set out in
Code of Ala.
			 1975
, Section
			 34-41-19, the Board may impose any
			 of the disciplinary penalties provided under that subsection.
(2) Upon a finding based upon informal
			 consideration under subsection (1) the Board may, at its discretion, either
			 permanently or temporarily stay the execution of its order imposing
			 disciplinary penalties on a licensee. The stay may be conditional upon any
			 provision that the Board deems appropriate for the circumstances of the
			 case.
(3) Upon a finding after a
			 hearing under subsection (1) the imposition of a stay of any order imposing
			 disciplinary sanctions shall be governed by the Alabama Administrative
			 Procedures Act.
(4) In determining
			 whether a license should be revoked or suspended, and whether and what
			 conditions the Board's order should be stayed, the Board shall consider
			 relevant factors, including but not limited to the following:
(a) the severity of the offense;
(b) the danger to the public or the
			 environment;
(c) the number of
			 present violations;
(d) any
			 previous offense;
(e) the length of
			 time since the violations;
(f) the
			 number of previous complaints against the licensee;
(g) the length of time the licensee has
			 practiced the profession;
(h) the
			 actual damage to the complainant, the public, or the environment;
(i) the deterrent effect of the penalty
			 imposed;
(j) the effect of the
			 penalty upon the licensee's livelihood;
(k) any efforts of rehabilitation by the
			 licensee;
(l) any other mitigating
			 or aggravating circumstances.
Author:
Thornton Neathery
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.10 - No Ex Parte Communications

Current through Register Vol. 42, No. 9, June 28, 2024
After notice of the opportunity for hearing, no member of the
				Board assigned to make a decision or to make findings of fact or conclusions of
				law in a contested case shall communicate, directly or indirectly, regarding
				any issue of fact or law in the case, with any party or his/her representative
				or with any member of the Board or employee of the Board involved in the
				investigation or consideration of that case or with any party or complainant or
				his representative or agent, except on notice and opportunity for all parties
				to participate.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.11 - Petition For Intervention

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The right to intervene in a contested case is governed by
Code of
			 Ala. 1975
, Section
			 41-22-14. Any application for
			 intervention shall be in writing and shall include the following:
(a) the name and address of the
			 petitioner;
(b) the business and
			 occupation of the petitioner, if relevant;
(c) a full identification of the contested
			 case in which the petitioner is seeking intervention;
(d) if intervention based on statutory right
			 is claimed, an identification of the statute and explanation of how the statute
			 grants a right of intervention to the petitioner;
(e) if the intervention is claimed based on
			 an individual interest in the outcome of the case as opposed to a public
			 interest, an explanation of that individual interest and of how the
			 representation of that individual interest is inadequate without
			 intervention;
(f) the claim or
			 defense with respect to which intervention is sought; and
(g) a summary of the arguments or evidence
			 that the petitioner intends to present.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-16 - DISCIPLINARY ACTION AND PROCEDURES › Section 364-X-16-.12 - Hearing Officers: Designations: Powers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A hearing officer, designated by the
			 Board, may, at the Board's option, preside at hearings in contested cases, but
			 the Board shall, regardless, be present to hear the testimony, examine the
			 evidence, and, if desired, ask questions of any witnesses.
(2) The hearing officer may, in addition,
			 conduct any prehearing conferences, regulate discovery, issue subpoenas, and
			 exercise any other powers appropriate under the Alabama Administrative
			 Procedures Act.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-11.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-17 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 364-X-17-.01 - Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Plea. The
			 Respondent shall plead either "guilty" or "not guilty" to the charges set forth
			 in the complaint.
(2) Opening
			 Statement. Each side will have the opportunity to make an opening
			 statement.
(3) Evidence. The State
			 will present its evidence, followed by the Respondent. The State will follow
			 with a rebuttal. Each witness called may be examined in the following order:
(a) Direct examination.
(b) Cross examination.
(c) Examination by the Board.
(d) Re-direct examination.
(e) Re-cross examination.
(f) Re-examination by the Board.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-17 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 364-X-17-.02 - Failure To Appear

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If a
			 party fails to appear in a contested case after proper service of notice, the
			 Board, if no adjournment is granted, may proceed with the hearing and make its
			 decision in the absence of the party.
(2) Continuances, adjournments and like
			 dispositions will be granted in compelling circumstances. Usually only one such
			 postponement will be allowed.
(3)
			 Petition for reopening a case will not be granted except when the petitioner
			 can show, in writing, that the reasons for his or her failure to appear were
			 justifiable and unavoidable and that fairness requires reopening the case. Such
			 petitions, however, will have no effect of the running of the 30 day period for
			 seeking judicial review, which starts the day of final judgment by the
			 Board.
(4) The decision of the
			 Board will be in writing and a copy will be sent via registered or certified
			 mail to the petitioner and made a part of the record of the hearing.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-17 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 364-X-17-.03 - Simplification Of Issues

Current through Register Vol. 42, No. 9, June 28, 2024
Except as prohibited by statute, the parties to a contested
				case, specifically including the Board, may agree in advance to simplify the
				hearing by: decreasing the number of the issues to be contested at the hearing;
				accepting the validity of certain proposed evidence; accepting the findings in
				some other case with relevance to the case at hand; or agreeing to such other
				matters as may expedite the hearing.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-41-17,
				  34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-17 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 364-X-17-.04 - Subpoenas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Subpoenas
			 requiring the attendance of witnesses, or those to produce documents, evidence,
			 or things, will be issued by the Board or its designee within four business
			 days of the receipt of a request from a party to the case for such subpoena,
			 except as stated in this Rule.
(2)
			 Subpoenas shall be served as the officer issuing the subpoena shall direct, as
			 may be appropriate to the circumstances of the case. Subpoenas may be directed
			 to be served by either of the following methods:
(a) by an employee of the Board; or
(b) by the sheriff of the county in which the
			 person subpoenaed resides, when the party requesting such subpoena prepays the
			 sheriff's service fee.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-17 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 364-X-17-.05 - Final Decisions In Administrative Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Within thirty (30) days of the date of the final hearing, the
				Board will issue the final, written decision in all contested cases. This
				decision will include findings of fact, official notice taken, and conclusions
				of law. Any underlying facts of record in support of the findings will be
				disclosed.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-17 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 364-X-17-.06 - Proposal For Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 When the official or a majority of the officials of the Board who are to make a
			 final decision have not heard a contested case, the decision shall not be made
			 until a proposal for decision is served on the parties, and an opportunity is
			 given to each party to file exceptions and proposed findings of fact and to
			 present oral and written arguments to the officials who are to make the
			 decision.
(2) When a "Proposal for
			 Decision" is rendered by a Hearing Officer, any party may file written
			 exception thereto and submit his own proposed findings of fact and conclusions
			 of law.
(3) Any exceptions to the
			 procedures during the hearing, the handling of the hearing by the Hearing
			 Officer, rulings on evidence, or any other matters, must be written and refer
			 specifically to pages of record or otherwise precisely identify the occurrence
			 being excepted to. Such exceptions must be filed with the Board within five (5)
			 days of the receipt of the Hearing Officer's proposal for decision. The
			 container of such written exceptions should bear the notation: RE: EXCEPTIONS
			 TO THE PROCEEDINGS IN THE CASE OF (name of case).
(4) The Board will direct whatever corrective
			 action it may deem advisable in light of the exceptions, if any. Any decision
			 made will be a part of the record and copy there given to all
			 parties.
(5) Any party may present
			 further oral arguments to the Board upon request. Such request must be made in
			 writing to the Board not later than three (3) days after receipt of the Hearing
			 Officer's "Proposal for Decision."
(6) Upon receipt of request for further oral
			 argument, notice will be issued promptly by registered or certified mail to all
			 parties designating time and place for such oral argument.
(7) The parties, by written stipulation or at
			 the meeting, may waive compliance with this section.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-18 - JUDICIAL REVIEW › Section 364-X-18-.01 - Right To Judicial Review

Current through Register Vol. 42, No. 9, June 28, 2024
Any person who is aggrieved by a final Board decision in a
				contested case, is entitled to a judicial review of such decision under Alabama
				Procedures Act, or by any other procedure for judicial review available under
				law.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-18 - JUDICIAL REVIEW › Section 364-X-18-.02 - Manner/Seeking Review: Time/Filing Petition: Waiver

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-20.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-19 - RULE MAKING PROCEDURES › Section 364-X-19-.01 - General Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The rules of this section shall govern rule making procedures
				conducted under the review of the Board.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-19 - RULE MAKING PROCEDURES › Section 364-X-19-.02 - Copies Of Regulations: Inspection

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Anyone desiring to obtain a copy of the
			 rules of the Board may do so by requesting such from the Board. The Board may
			 charge reasonable fees to recover mailing and duplication costs.
(2) The rules of the Board and other
			 documents specified in Alabama Procedures Act are available for public
			 inspection at the office of the Executive Secretary of the Board, Montgomery,
			 Alabama, during regular office hours.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-19 - RULE MAKING PROCEDURES › Section 364-X-19-.03 - Petition For Rule Making Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
Any person wishing to submit a petition requesting the
				adoption, amendment, or repeal of a rule by the Board shall forward the written
				petition to the Board. The first page of the petition should clearly bear the
				notation: RE: RULE MAKING PETITION and then the subject area.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-19 - RULE MAKING PROCEDURES › Section 364-X-19-.04 - Disposition Of Petitions

Current through Register Vol. 42, No. 9, June 28, 2024
(l) The
			 Board will decide whether the petition contains sufficient information for the
			 Board to determine whether the public interest will be served by granting the
			 request. The Board may request additional information from the petitioner(s),
			 may contact an interested person or persons likely to be affected by the
			 proposed rule and request comments, and may use any other appropriate methods
			 for obtaining additional information.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-19 - RULE MAKING PROCEDURES › Section 364-X-19-.05 - Written Submission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 person may file a written submission containing data, comments, or arguments
			 after distribution or publication of a rule making notice until five (5) days
			 of the hearing, less a longer or shorter time period has been prescribed in the
			 notice or granted upon quest. These written comments should be sent to the
			 Board.
(2) The first page of any
			 written submission shall clearly identify the rule making proceeding or
			 proposed rule to which the comments are addressed and include a statement of
			 the position of the person making the submission (for example, "In support
			 adopting proposed Rule .00000" or "In opposition to adopting proposed Rule
			 .00000").
(3) Upon receipt of
			 written comments, acknowledgment will be made with an assurance that the
			 comments therein will be considered fully by the Board.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-19 - RULE MAKING PROCEDURES › Section 364-X-19-.06 - Statement Of Reasons For Decision

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any interested person desiring a concise
			 statement of the principal reasons for and against adoption of a rule by the
			 Board and the factors that led to overruling the considerations urged for or
			 against its adoption may submit a request to the Board.
(2) The request must be made in writing and
			 submitted prior to adoption of the rule or within 30 days thereafter.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-19 - RULE MAKING PROCEDURES › Section 364-X-19-.07 - Record Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
A record of all rule making proceedings will be maintained by
				the Board for as long as the rule is in effect, and for five (5) years
				thereafter, following filing with the Administrative Procedures Section of the
				Office of the Attorney General and the Legislative Services Commission. This
				record will contain the original petition, the notice, all written memoranda
				and presentations, if any. Records of rule making proceedings will be available
				for public inspection at the office of the Board during the regular working
				hours.
Author:
Thornton L. Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-20 - SEVERABILITY › Section 364-X-20-.01 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any of the Rules and Regulations of the Board which shall be
				known as "The Alabama Board of Licensure for Professional Geologists" or any
				part thereof, or any sentence, paragraph, clause, phrase or word thereof is
				construed by the courts to be invalid for any reason, it is the intention of
				the Board that the remainder shall continue in full force and effect; that is,
				it is the intention of the Board that each Rule and/or any portions thereof,
				are severable.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-41-5,
				  41-22-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-21 - AMENDMENT OF RULES › Section 364-X-21-.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 file a petition for adoption of
			 rules, which shall be submitted, in the following form:
PETITION FOR ADOPTION OF RULE
1. Petitioner.
Name:
Address:
Phone:
2.
			 Character of Change.
I propose that the Alabama Board of Licensure for Professional
				Geologists:
(a) adopt the following
			 new rule.
(b) amend Rule
			 ________________ as follows:
(c)
			 repeal Rule _______________ in total.
3. Text of Proposed Rule.
If you checked box "a" above, type the rule you proposed in the
				space below. If you checked box "b" above, type the currently effective rule in
				the space below, adding any proposed language. Proposed new language should be
				underlined and proposed deletions should be stricken through. If you checked
				box "c" above, skip this and go to Part 4 (use additional sheets if
				necessary).
4. Purpose of
			 Change. Briefly describe what the effect of this change will be, and why you
			 believe the change should be made.
5. Signature.
______________ _______________________________
Date Petitioner
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-21 - AMENDMENT OF RULES › Section 364-X-21-.02 - Notice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall
			 give at least thirty-five (35) days' notice of any proposed action on any rule
			 by publication in the Alabama Administrative Monthly in compliance with the
			 Alabama Administrative Procedures Act, Section
			 41-22-5(a)(1),
Code of Ala. 1975
.
(2) Any person who wishes to receive notice
			 by mail of all proposed actions on rules may do so by requesting such notice
			 from the Secretary-Treasurer, and pay an annual charge of $50 to cover costs of
			 the mailings. All annual subscriptions begin October 1 and expire September 30.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-41-5,
				  41-22-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-21 - AMENDMENT OF RULES › Section 364-X-21-.03 - Public Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall permit all interested persons reasonable
				opportunity to submit data, views or arguments concerning any proposed rule
				action. Data, views or arguments submitted in writing must be received by the
				Secretary at least seven (7) days before the date specified in the notice as
				the day of the public hearing. Those persons wishing to appear before the Board
				to present data, views or arguments orally must submit a request to appear
				before the Board to the Secretary, and such request must be received by the
				Secretary at least seven (7) days before the scheduled public hearing.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5,
				  41-22-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-21 - AMENDMENT OF RULES › Section 364-X-21-.04 - Board Decision

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall fully consider all written and oral submissions
				concerning every proposed rule action. Upon adoption of a rule, the Board, if
				conflicting views are submitted on the proposed rule, shall issue a concise
				statement of the principal reasons for and against its adoption, incorporating
				therein its reasons for overruling any consideration urged against its
				adoption.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §
										34-41-5,
				  41-22-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-21 - AMENDMENT OF RULES › Section 364-X-21-.05 - Emergency Rules

Current through Register Vol. 42, No. 9, June 28, 2024
In the event that the Board finds that an immediate danger to
				the public health, safety or welfare requires adoption of a rule upon fewer
				than thirty-five (35) days' notice or that action is required by or to comply
				with a federal statute or regulation which requires adoption of a rule upon
				fewer than thirty-five (35) days' notice, the Board may adopt an emergency rule
				under the provisions of the Alabama Administrative Procedures Act, Section
				41-22-5,
Code of Ala.
				1975
.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-41-5,
				  41-22-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Chapter 364-X-21 - AMENDMENT OF RULES › Section 364-X-21-.06 - Compliance With Administrative Procedures Act

Current through Register Vol. 42, No. 9, June 28, 2024
All rules adopted by the Board shall otherwise substantively
				and procedurally comply substantially with the provisions of the Alabama
				Administrative Procedures Act, Chapter 22, Title 41,
Code of Ala.
				1975
.
Author:
Thornton Neathery
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-41-5,
				  41-22-5.
Alabama Administrative Code › Title 364 - ALABAMA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Appendix I - FORM ASSOCIATED WITH THESE RULES AND REGULATIONS

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Board of Licensure for Professional
				Geologists
Statutory Authority:
Code of Ala.
				1975
, §§
Alabama Administrative Code › Title 370 - Alabama Department of Forensic Sciences › Chapter 370-1-1 - CHEMICAL TEST FOR INTOXICATION › Section 370-1-1-.02 - Evidential Breath Alcohol Testing Instrument Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed 8/11/03).
Author:
Department of Forensic
				Sciences
Statutory Authority:
Code
				  of Ala. 1975
, §§
										32-5A-194,
				  as amended.
Alabama Administrative Code › Title 370 - Alabama Department of Forensic Sciences › Chapter 370-1-1 - CHEMICAL TEST FOR INTOXICATION › Section 370-1-1-.03 - Blood, Urine And Other Bodily Substances

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Purpose. This rule describes the statutory elements required for the
			 admissibility of evidence obtained from chemical analyses of a
			 person's blood, urine, or other bodily substance. This rule contains
			 the METHODS as referred to by §
								32-5A-194
Code of Ala. 1975
, as amended, that insures
			 and verifies each chemical analysis is performed accurately and
			 reliably. IN THE EVENT THAT ONE OF THESE REQUIREMENTS IS NOT
			 FULFILLED, CHEMICAL ANALYSIS EVIDENCE MAY STILL BE OFFERED THROUGH
			 TRADITIONAL EVIDENTIARY PREDICATE as described in
Powell v.
			 State,
515 So.2d 140 (Ala. Cr. App. 1986).
(2) Definitions and Abbreviations:
(a)
Alcohol-
For
			 the purpose of this rule, use of the term alcohol shall refer to
			 ethanol or ethyl alcohol unless otherwise specified.
(b)
Method-
For
			 the purpose of this rule, a method is an orderly and systematic
			 approach to accomplishing a goal. The goal as set forth in §
									32-5A-194
Code of Ala. 1975
, as amended, is the
			 chemical analyses of a person's blood, urine or other bodily
			 substance to determine the presence and/or quantity of alcohol
			 (ethanol) or other chemical substances. Therefore the method refers
			 only to those tasks, manual or automated, that result in accurately
			 identifying and/or quantifying the amount of alcohol or other
			 chemical substance in a particular person's blood or other bodily
			 substance.
(c)
Permit-
For the purpose of this rule, a permit is
			 authorization by the Director allowing an employee to analyze blood,
			 urine, or other bodily substances for alcohol, drugs, or other
			 chemical entities. By assigning a qualified employee this particular
			 task the Director has expressed authorization.
Alabama Administrative Code › Title 370 - Alabama Department of Forensic Sciences › Chapter 370-1-1 - CHEMICAL TEST FOR INTOXICATION › Section 370-1-1-.04 - Field Sobriety Screening Tests

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose. This rule describes
			 the approved TECHNIQUE (Procedure) as referred to by §
								32-6-49.13
Code of Ala. 1975
, as amended, that insures
			 each Field Sobriety Screening Test performed on an operator of a
			 commercial vehicle is performed in a standardized and reliable
			 fashion.
(2) Definitions
			 and Abbreviations.
(a) Alcohol- For
			 the purpose of this rule, use of the term alcohol shall refer to
			 ethanol or ethyl alcohol unless otherwise specified.