ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXIX, ISSUE NO. 11

AUGUST 31, 2011

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

AGRICULTURE AND INDUSTRIES, DEPARTMENT OF
Proposed Amended Rule:
80-1-13-.04 Registrations

Emergency Amended Rule:
80-1-13-.04 Registrations

Certified Amended Rules:
80-1-5-.05 Registration of Commercial Feed Companies, Brand and Product Names
80-1-6-.12 Inspection Fee Required
80-1-6-.13 Reporting of Fertilizer Sales
80-1-7-.08 Inspection Fee Required
80-1-7-.10 Requirements of Applicants for Permits
80-10-1-.03 Certificate Fee Schedule
80-11-1-.07 Permit Fees for Seed Dealers and Processors

Certified Repealed Rule:
80-5-1-.08 Stacking of Maximum Penalties Prohibited

ARCHITECTS, BOARD FOR REGISTRATION OF
Proposed Repealed Rule:
Chapter 100-X-3 Continuing Education

Proposed New Rule:
Chapter 100-X-3 Continuing Education

ASSISTED LIVING ADMINISTRATORS, BOARD OF EXAMIENRS OF
Proposed Repealed Rule:
135-X-13-.01 Fees

ATHLETIC TRAINERS, BOARD OF
Proposed Amended Rules:
140-X-3-.01 Requirements for Issuance
140-X-4-.01 General Provisions
ATHLETIC TRAINERS, BOARD OF (cont.)
Proposed Amended Rules:
140-X-4-.02 Requisites for Renewal
140-X-4-.03 Continuing Education
140-X-4-.04 Issuance of Renewal License

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-2-.11 Prohibited Methods and Devices for Hunting
220-2-.35 Daily Creel Limits, Possession Limits, and Size Limits
220-2-.110 Establishment of Physically Disabled Hunting Areas
220-2-.126 Public Shooting Range Regulation
220-2-.151 Archery Range Regulation
220-4-.15 Regulation of Certain Conduct on Lands under State Lands Division Jurisdiction
220-5-.16 Possession or Consumption of Alcoholic Beverages at Certain State Park Areas

Proposed Repealed Rule:
220-2-.22 Wildlife Management Area and Sanctuaries Established

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

Emergency Amended Rules:
220-2-.22 Wildlife Management Area and Sanctuaries Established
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama

Certified Amended Rules:
220-2-.30 Fur-Bearing Animals Designated
220-2-.92 Nongame Species Regulation
220-2-.109 Physically Disabled Hunting Areas
220-2-.142 Turtle Catcher/Dealer/Farmer Regulation
220-2-.143 Alligator Hunting Season and Regulations

Peremptory Amended Rules:
220-2-.29 Open Trapping Seasons on Fur-Bearers
220-2-.77 2011-2012 Duck, Coot, Merganser, Goose, and Teal Hunting Seasons
220-2-.107 Special 2011-2012 Hunting Seasons for Redstone Arsenal and Fort Rucker
220-2-.125 Special 2011-2012 Hunting Seasons for Certain Forever Wild and State Lands Division Lands
220-2-.127 Special 2011-2012 Hunting Seasons for Blowing Springs Cave Tract (Forever Wild Lands), Lauderdale County

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF (cont.)
Peremptory Amended Rules:
220-2-.01 2011-2012 Hunting Seasons
220-2-.56 2011-2012 Wildlife Management Area Hunting Seasons

CRIME VICTIMS’ COMPENSATION COMMISSION
Certified Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

ELECTRICAL CONTRACTORS, BOARD OF
Proposed Amended Rule:
303-X-2-.03 Renewal of Licenses and Continuing Education

ELECTRONIC SECURITY BOARD OF LICENSURE
Certified Amended Rules:
304-X-1-.01 Definitions
304-X-1-.02 Licensure Procedures
304-X-1-.04 Educational Requirements
304-X-1-.06 Administrative Complaints

ENERGY AND RESIDENTIAL CODES BOARD
Proposed New Rule:
Chapter 305-2-4 Alabama Energy and Residential Codes

ENGINEERS AND LAND SURVEYORS, BOARD OF LICENSURE FOR PROFESSIONAL
Certified Amended Rule:
Chapter 330-X-4 Appendix A – Fees

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-1-1-.07 Departmental Forms, Instructions, and Procedures
335-1-6-.04 Permit Application Fees
335-1-6-.05 Water Quality Certification and Coastal Area Management Certification Fees
335-1-6-.07 Payment of Fees (Schedules A-J)

Certified Amended Rules:
335-6-8-.01 Purpose
335-6-8-.02 Definitions
335-6-8-.05 Prohibited Actions
335-6-8-.07 Permit Issuance Procedures
335-6-8-.08 Public Notice Requirements
335-6-8-.10 Class V Well Permit Application Requirements
335-6-8-.12 Class V Well Permit Requirements
ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Certified Amended Rules:
335-6-8-.28 Technical Submittals and Other Reports to the Department
335-6-8-.29 Coordination with EPA
335-6-8-.30 Confidentiality

Certified New Rules:
335-6-8-.13 Class VI Well Applicability and General Requirements
335-6-8-.14 Class VI Well Permit Application and Application Review Requirements
335-6-8-.15 Class VI Well Minimum Criteria for Siting
335-6-8-.16 Class VI Well Area of Review and Area of Review Corrective Action
335-6-8-.17 Class VI Well Financial Responsibility Requirements
335-6-8-.18 Class VI Well Construction Requirements
335-6-8-.19 Class VI Well Logging, Sampling, and Testing Requirements Prior to Injection Well Operation
335-6-8-.20 Class VI Well Operating Requirements
335-6-8-.21 Class VI Well Mechanical Integrity Requirements
335-6-8-.22 Class VI Well Testing and Monitoring Requirements
335-6-8-.23 Class VI Well Reporting Requirements
335-6-8-.24 Class VI Well Plugging Requirements
335-6-8-.25 Class VI Well Post-Injection Site Care and Site Closure Requirements
335-6-8-.26 Class VI Well Emergency and Remedial Response Requirements
335-6-8-.27 Class VI Well Permit Requirements

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Certified Amended Rule:
360-X-1-.01 General Regulations and Administrative Procedures

FORESTERS, BOARD OF REGISTRATION FOR
Certified New Rule:
380-X-3-.14 Application Deadlines

HEALTH, DEPARTMENT OF PUBLIC
Miscellaneous Notice:
Notice The 2012 State Plan of Program Operations for the Women, Infants, and Children Program

HEALTH PLANNING AND DEVELOPMENT AGENCY
Certified Amended Rules:
410-1-7-.06 Filing of a Certificate of Need Application
410-1-8-.02 Contested Case Before Administrative Law Judge
410-1-8-.05 Majority Decision

HOME BUILDERS LICENSURE BOARD
Certified Amended Rules:
465-X-1-.01 Definition of Terms
465-X-2-.03 Executive Director; Board Members
465-X-2-.07 Applicability of the Act
465-X-3-.02 Filing
465-X-3-.04 Licensing
465-X-3-.06 Annual License Renewal, Consequence of Failure to Renew
465-X-3-.11 Continuing Qualification
465-X-3-.12 Continuing Qualification for Applicants in Counties Having Population of Less Than 30,000
465-X-3-.13 Continuing Qualification for Applicants in Washington County
465-X-4-.04 Fees
465-X-5-.02 Initiation of Proceedings
465-X-5-.03 Complaint Procedure
465-X-5-.05 Prehearing Discovery
465-X-5-.07 Discipline
465-X-5-.10 Reissuance or Reinstatement of License After Revocation or Suspension
465-X-5-.14 Public Records – Public Information
465-X-7-.01 Homeowners’ Recovery Fund
465-X-7-.02 Procedure for Making a Claim Against the Homeowners’ Recovery Fund
465-X-7-.03 Subrogation

Certified New Rule:
465-X-3-.14 Continuing Qualification for Applicants Holding a License With Limitation

INDUSTRIAL RELATIONS, DEPARTMENT OF
Proposed Amended Rule:
480-3-7-.01 Examination Requirements

Proposed New Rule:
480-3-7-.03 Voluntary Surrender of a Certificate

LIBRARY SERVICE, PUBLIC
Proposed Repealed Rule:
Chapter 520-2-2 Supplemental State Aid to Public Libraries

Proposed New Rule:
Chapter 520-2-2 Supplemental State Aid to Public Libraries

LIQUIFIED PETROLEUM GAS BOARD
Proposed Amended Rule:
530-X-2-.12 Checklist for Submitting Class-A Permit Applications

Certified New Rule:
530-X-2-.16 LP-Gas Containers/Replacement/Removal/Repair

MEDICAID AGENCY
Proposed New Rule:
Chapter 560-X-53 Programs of All-Inclusive Care for the Elderly (PACE)

Miscellaneous Notices:
Public Notice Amendment to Alabama Plan First Demonstration Waiver
PN-11-13 Amendment to Alabama State Plan for Medical Assistance
PN-11-15 Amendment to the Alabama State Plan for Medical Assistance
PN-11-16 Amendment to Alabama State Plan for Medical Assistance

Certified Amended Rules:
560-X-10-.07 Review of Medicaid Residents
560-X-10-.10 Admission Criteria
560-X-10-.11 Establishment of Medical Need
560-X-16-.20 Quantity Limitations
560-X-51-.04 Recipient Eligibility

NURSING, BOARD OF
Certified Amended Rules:
610-X-2-.08 Definitions, Disciplinary Action
610-X-8-.01 Definitions
610-X-8-.09 Decisions of the Board

Certified New Rule:
610-X-8-.12 Reinstatement of a Board Lapsed License

NURSING HOME ADMINISTRATORS, BOARD OF EXAMINERS OF
Certified Amended Rules:
620-X-2-.01 Definitions
620-X-5-.07 Administrator-in-Training
620-X-14-.01 Effective Date
Appendix A Form 4 – Application for Renewal of NHA License

PHARMACY, BOARD OF
Certified Amended Rule:
680-X-2-.24 Precursor Drugs

PHARMACY, BOARD OF (cont.)
Certified Amended Rule:
680-X-2-.40 Non-Disciplinary Penalty for Late Renewal of License, Permit, Registration, Certification, or any Similar Document Issued

PROSTHETISTS AND ORTHOTISTS, BOARD OF
Certified Repealed Rules:
Chapter 746-X-4 Appendix –Forms
Chapter 746-X-5 Appendix – Forms
Chapter 746-X-6 Appendix A – Forms
Appendix A Forms

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rules:
780-X-1-.01 Purpose
780-X-1-.02 Composition and Selection of Board
780-X-1-.03 General Description of Organization and Operation
780-X-1-.04 Officers
780-X-2-.01 Definitions of Terms
780-X-4-.02 Application and License Fees
Chapter 780-X-9 Classifications of Appraisers
780-X-16-.02 Checklist
780-X-16-.04 Application for Reciprocal Appraiser License

Proposed New Rule:
780-X-18-.06 Appraisal Management Company Surety Bond Form

Emergency New Rule:
780-X-18-.06 Appraisal Management Company Surety Bond Form

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-5-1-.211 Motor Vehicle Registration Delinquency Penalty and Interest Charges
810-5-1-.244 Proration of Motor Vehicle Registration Fees
810-5-1-.468 Refunds of Motor Vehicle Registration Fees
810-5-75-.48 Title Procedures – Defining “Junk”, “Parts Only” and “Scrap” Vehicles and Requiring Notice
810-5-75-.57 Application for Salvage Certificate of Title
810-8-5-.06 Evidence of Liability Insurance for Motor Vehicle Dealers, Motor Vehicle Reconditioners, Motor Vehicle Rebuilders, or Motor Vehicle Wholesalers Licensed under Act Number 539

Proposed Repealed Rule:
810-5-1-.227.03 Dealer/Manufacturer License Plate Violations, Penalties
REVENUE, DEPARTMENT OF
Proposed Repealed Rules:
810-5-1-.482 Classification Codes for License Plates
810-5-75-.07 Title Procedure – Request for Change of Address Only on a Certificate of Title
810-5-75-.26.01 Title Procedure – Motor Vehicles Exempt from Titling in Other States
810-5-75-.37 Application for Certificate of Title - Seller’s Signature Requirements
810-5-75-.44 Assignment/Reassignment of Salvage Certificate of Title

810-5-75-.46-.01 Assignment of Certificate of Title – Transferor’s Signature Requirements

Proposed New Rule:
810-5-75-.68 Title Procedure – Exemptions from Titling

Certified Amended Rules:
810-3-14-.01 Gross Income in General
810-3-28-.01 Partnership Returns
810-3-162-.01 Income to be Reported by Shareholders

SOCIAL WORK EXAMINERS, BOARD OF
Proposed Amended Rules:
850-X-3-.02 Supervision Requirements
Chapter 850-X-5 Fees

MISCELLANEOUS NOTICES

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES