ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXVI, ISSUE NO. 11

AUGUST 29, 2008

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

AGRICULTURE AND INDUSTRIES, DEPARTMENT OF
Proposed New Rule:
Chapter 80-10-19 Establish Quarantine Against the Citrus Greening Disease (CG) Also Known as Huanglongbing Disease and the Asian Citrus Psyllid (ACP)

Emergency New Rule:
Chapter 80-10-19 Establish Quarantine Against the Citrus Greening Disease (CG) Also Known as Huanglongbing Disease and the Asian Citrus Psyllid (ACP)

ASSISTED LIVING ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rule:
135-X-7-.02 Refusal, Suspension, Revocation of License, and Disciplinary Proceedings

ATHLETIC TRAINERS, BOARD OF
Proposed Amended Rules:
140-X-1-.04 Executive Secretary
140-X-4-.03 Continuing Education

Proposed Repealed Rule:
Appendix A Continuing Education Guidelines and Form

Proposed New Rule:
Appendix A Continuing Education Guidelines and Form

AUCTIONEERS, BOARD OF
Proposed Amended Rule:
Appendix I Fees

Proposed New Rule:
150-X-1-.02 Application for Auctioneer’s License


CHIROPRACTIC EXAMINERS, BOARD OF
Certified Amended Rule:
190-X-2-.05 Examination Required

Certified New Rule:
190-X-1-.18 Fees

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Repealed Rule:
220-2-.22 Wildlife Management Areas and Sanctuaries Established

Proposed New Rule:
220-2-.22 Wildlife Management Areas and Sanctuaries Established

Emergency New Rule:
220-6-.61 Marine Sanitation Device (MSD) Inspections and Appointment of Special Agents

Peremptory New Rules:
220-2-.56 2008-2009 Wildlife Management Area Hunting Seasons
220-2-.150 2008 Alligator Hunting Season

COURT REPORTING, BOARD OF
Proposed Amended Rules:
257-X-3-.06 Examination
Chapter 257-X-7 Appendix I – Fee Schedule

CRIME VICTIMS COMPENSATION COMMISSION
Proposed Amended Rule:
262-X-11-.02 Eligibility Criteria for Sexual Assault Exam Payments

Certified Amended Rules:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payments
262-X-12-.01 Domestic Violence Emergency Award

CRIMINAL JUSTICE INFORMATION CENTER
Certified Amended Rules:
Chapter 265-X-2 Security and Confidentiality of Criminal Justice Information
Chapter 265-X-2 Appendix B – Instructions for Completing Request for Review of Criminal Records

CRIMINAL JUSTICE INFORMATION CENTER (cont.)
Certified Amended Rules:
Chapter 265-X-2 Appendix D – Alabama Background Check (ABC) Report Waiver
Chapter 265-X-2 Appendix E – Alabama Background Check (ABC) System Subscriber Agreement
Chapter 265-X-2 Appendix F – Memorandum of Agreement for Third Party Users of the Alabama Background Check (ABC) System

Certified Repealed Rule:
Chapter 265-X-2 Appendix G – Online Criminal History Sales Subscriber Agreement

DENTAL EXAMINERS, BOARD OF
Proposed Amended Rule:
270-X-4-.09 Criteria and Fees for Mobile Dental Facilities or Portable Dental Operations

EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-3-1-.02 Regulations Governing Public Schools
290-8-9-.02 Evaluations
290-8-9-.03 Disability Definitions, Criteria and Minimum Required Evaluative Components
290-8-9-.12 Gifted

Certified Repealed Rule:
Chapter 290-3-2 Teacher Certification

Certified New Rule:
Chapter 290-3-2 Teacher Certification

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-1-6-.04 Permit Application Fees
335-3-10-.01 General
335-3-10-.02 Designated Standards of Performance
335-3-10-.03 Appendices to 40 CFR 60
335-3-11-.01 General
335-3-11-.06 National Emission Standards for Hazardous Air Pollutants for Source Categories
335-3-17-.01 Transportation Conformity
Division 335-3 Appendix C – EPA Regulations Reference Documents for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Proposed New Rule:
Division 335-5 Uniform Environmental Covenant Program

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Proposed Amended Rules:
360-X-1-.01 General Regulations and Administrative Procedures
360-X-2-.01 Certified Volunteer Fire Fighter
360-X-2-.02 Certified Fire Fighter I
360-X-2-.04 Fire Fighter I/II Bridge Certification Program
360-X-3-.01 Certified Fire Instructor I
360-X-3-.02 Certified Fire Instructor II
360-X-3-.03 Certified Fire Instructor III
360-X-5-.02 Certified Fire Investigator II
360-X-5-.03 Certified Fire Investigator III
360-X-5-.04 Certified Accelerant Detection Canine Handler
360-X-5-.05 Certified Explosives Detection Canine Handler
360-X-6-.01 Certified Fire Officer I
360-X-6-.02 Certified Fire Officer II
360-X-6-.03 Certified Fire Officer III
360-X-6-.04 Certified Fire Officer IV
360-X-16-.01 Certified Fire Department Safety Officer: Health and Safety Officer
360-X-16-.02 Certified Fire Department Safety Officer: Incident Safety Officer
360-X-19-.01 Certified Rescue Technician: Rope Rescue
360-X-19-.02 Certified Rescue Technician: Confined Space Rescue
360-X-19-.03 Certified Rescue Technician: Trench Rescue
360-X-19-.04 Certified Rescue Technician: Structural Collapse Rescue
360-X-19-.05 Certified Rescue Technician: Surface Water Rescue
360-X-19-.06 Certified Rescue Technician: Vehicle and Machinery Rescue
360-X-19-.07 Certified Rescue Technician: Drive Rescue
360-X-19-.08 Certified Rescue Technician: Cave Rescue
360-X-19-.09 Certified Rescue Technician: Mine and Tunnel Rescue
360-X-19-.10 Certified Rescue Technician: Rescue Boat Operator
360-X-19-.11 Certified Rescue Technician: Animal Rescue
360-X-21-.01 Certified Public Information Officer

GEOLOGIST, BOARD OF LICENSURE FOR PROFESSIONAL
Proposed Amended Rule:
364-X-4-.02 Fees


HEALTH, DEPARTMENT OF PUBLIC
Proposed New Rule:
420-2-2-.06 Alabama Regional Trauma Advisory Councils

Miscellaneous Notice:
Notice The 2009 State Plan of Program Operations for the Women, Infants, and Children Program

HOME BUILDERS LICENSURE BOARD
Proposed Amended Rules:
465-X-3-.04 Licensing
465-X-5-.03 Complaint Procedure
465-X-5-.07 Discipline

INDUSTRIAL RELATIONS, DEPARTMENT OF
Proposed Amended Rule:
480-4-3-.11 Claims for Partial Unemployment

Miscellaneous Notice:
Cancellation of Hearing Rule 480-4-3-.11 - Claims for Partial Unemployment

INSURANCE, DEPARTMENT OF
Certified Amended Rule:
Chapter 482-1-036 Insurance Placed with Companies Not Licensed in Alabama

Certified Repealed Rule:
Chapter 482-1-067 Oath Required for Application for Licensing as Insurance Producer

MANUFACTURED HOUSING COMMISSION
Proposed Amended Rules:
535-X-13-.06 Minimum Blocking Standards
Chapter 535-X-19 Current Schedule of Fees

MEDICAID AGENCY
Certified Amended Rules:
560-X-51-.02 Definitions
560-X-51-.03 Provider Eligibility and Certification of Terminal Illness Requirements
560-X-51-.05 Election Procedures
560-X-51-.06 Waiver of Other Benefits
560-X-51-.08 Change of Hospice
560-X-51-.10 Reimbursement for Levels of Care
560-X-54-.02 Eligibility
560-X-54-.03 Covered Services
560-X-54-.05 Application Process
MEDICAID AGENCY (cont.)
Certified Amended Rule:
560-X-54-.06 Fair Hearings
560-X-54-.07 Payment Methodology for Covered Services
560-X-54-.09 Records
560-X-57-.02 Eligibility
560-X-57-.04 Covered Services
560-X-57-.06 Application Process
560-X-57-.09 Appeal Procedure for Medicaid Fiscal Audits
560-X-57-.10 Payment Methodology for Covered Services
560-X-58-.02 Description of Services
560-X-58-.03 Eligibility
560-X-58-.05 Application Process
560-X-58-.06 Informing Beneficiaries of Choice
560-X-58-.07 Fair Hearings
560-X-58-.08 Payment Methodology for Covered Services
560-X-58-.10 Records

Certified New Rule:
560-X-15-.09 Mobile Dental Clinics

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
Chapter 540-X-3 Certificate of Qualification
540-X-5-.04 Review of and Appeal from Order of Board Following Hearing on Alabama Controlled Substances Certificate Revocation or Denial
540-X-5-.09 Conduct of Investigations by the Board of Medical Examiners
540-X-6-.01 Application and Scope
540-X-6-.02 Categories of Hearings
540-X-6-.04 Conduct of Hearings in Contested Cases
540-X-6-.05 Miscellaneous Provisions
Chapter 540-X-7 Assistants to Physicians

Emergency Amended Rules:
Chapter 540-X-3 Certificate of Qualification
540-X-5-.04 Review of and Appeal from Order of Board Following Hearing on Alabama Controlled Substances Certificate Revocation or Denial
540-X-5-.09 Conduct of Investigations by the Board of Medical Examiners
540-X-6-.01 Application and Scope
540-X-6-.02 Categories of Hearings
540-X-6-.04 Conduct of Hearings in Contested Cases
540-X-6-.05 Miscellaneous Provisions
Chapter 540-X-7 Assistants to Physicians

MEDICAL EXAMINERS, BOARD OF (cont.)
Certified Amended Rule:
540-X-3-.19 Appeal from Denial of Application for Certificate of Qualification

MEDICAL LICENSURE COMMISSION
Proposed Amended Rules:
545-X-2-.03 Certificate of Registration
Chapter 545-X-2 Appendix C – Application for Reinstatement
545-X-3-.12 Immediate Effect of Commission Order; Judicial Review; Vacation of Order by Court; Venue
545-X-3-.15 Applications for Reinstatement of Licenses and Applications for Modifications of Orders
545-X-5-.12 Grace Period and Notice

Emergency Amended Rules:
545-X-2-.03 Certificate of Registration
Chapter 545-X-2 Appendix C – Application for Reinstatement
545-X-3-.12 Immediate Effect of Commission Order; Judicial Review; Vacation of Order by Court; Venue
545-X-3-.15 Applications for Reinstatement of Licenses and Applications for Modifications of Orders
545-X-5-.12 Grace Period and Notice

PHARMACY, BOARD OF
Proposed Amended Rule:
680-X-2-.37 Continuing Education for Pharmacy Technicians

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rules:
780-X-1-.04 Officers
780-X-6-.02 Qualifying Experience – State Registered Real Property Appraiser
780-X-6-.03 Qualifying Experience – Licensed Real Property Appraiser
780-X-6-.04 Qualifying Experience – Certified Residential Real Property Appraiser
780-X-6-.05 Qualifying Experience – Certified General Real Property Appraiser

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-3-19-.04 Defined Benefit Plans
810-8-1-.16 Summary of Tax Rates for Motor Fuel Used in Motor Vehicles for Highway Operation
REVENUE, DEPARTMENT OF (cont.)
Proposed Amended Rules:
810-8-1-.22 Exemptions Pertaining to the Additional Excise Tax on Gasoline, Motor Fuel and Lubricating Oil
810-8-1-.25 Summary of the Rates Applying to State and Local Government
810-8-1-.29 Deposits in Lieu of Surety Bonds
810-8-1-.56 Sales Records of a Licensed Distributor
810-8-1-.62 Motor Fuel Tax Regulation – Stated and Uniform Policy Pertaining to the Exemption of Certain Taxpayers from State Motor Fuel Taxes

Proposed Repealed Rules:
810-5-1-.221 Re-registration and Penalty Dates Under Staggered Registration Law
810-5-1-.458.01 Transferability of Apportioned License Plates
810-5-1-.463 Temporary License Plate
810-5-1-.472 Registration of Rental Vehicles for Registrants with Operations in Two or More Jurisdictions

Proposed New Rules:
810-4-1-.21 Implementation of Senior Property Tax Appraisal in Baldwin County, Alabama
810-7-1-.20 Procedures for Reporting and Remitting Solid Waste Disposal Fees

Certified Amended Rule:
810-8-5-.12 Buyer’s Identification Cards for Automotive Dismantlers and Parts Recyclers

STATE TREASURER, OFFICE OF THE
Certified Amended Rules:
892-X-1-.01 Purpose
892-X-1-.02 Definitions
892-X-1-.03 Designation as a QPD
892-X-1-.04 Collateral Pledging Levels
892-X-1-.05 Maintaining Active Status
892-X-1-.06 Valuation of Collateral
892-X-1-.07 Custodians
892-X-1-.08 Requirements of QPDs
892-X-1-.09 Requirements of Public Depositors
892-X-1-.10 Exempt Public Deposits
892-X-1-.11 Public Deposit Changes Greater than 25%
892-X-1-.13 Grounds for Involuntary Withdrawal, Suspension, or Imposition of Administrative Penalties
892-X-1-.15 Involuntary Withdrawal or Suspension
STATE TREASURER, OFFICE OF THE (cont.)
Certified Amended Rules:
892-X-1-.16 Voluntary Withdrawal
892-X-1-.17 Effect of Merger or Acquisition
892-X-1-.18 Reports by the Treasurer
892-X-1-.19 Use of Letters of Credit as Eligible Collateral

Certified Repealed Rule:
Chapter 892-X-1 Appendix - Forms

Certified New Rule:
892-X-1-.20 Board of Directors

MISCELLANEOUS NOTICES

EMERGENCY ADOPTED RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES