AAM-AUG-12

ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXX, ISSUE NO. 11

AUGUST 31, 2012

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:
80-13-1-.05 Adoption of Federal Standards
80-13-6-.03 Registration Requirements for Weights and Measures and Fees Therefor
80-13-9-.02 Requirements for Registration as Weighing Device Serviceman
80-13-9-.03 Requirements for Registration as Measuring Device Serviceman
80-13-9-.04 Calibration of Test Weights and Measures

Certified New Rule:
80-3-6-.40 Procedures for Livestock Identification

ARCHITECTS, BOARD FOR REGISTRATION OF
Proposed Amended Rule:
100-X-2-.02 Registration by Examination

ASSISTED LIVING ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rules:
135-X-2-.01 Definitions
135-X-5-.02 Pre-Examination Requirement and Conditions Precedent
135-X-7-.05 Administrator-In-Training
135-X-11-.01 Residence Address, Telephone, and Business Changes
135-X-13-.01 Fees

COMMERCE, DEPARTMENT OF
Emergency Amended Rule:
Chapter 281-4-1 The Alabama Innovation Fund

Emergency New Rule:
Chapter 281-5-1 Alabama New Markets Development Program

Certified New Rules:
Chapter 281-3-1 Alabama Film Office Incentives
Chapter 281-4-1 The Alabama Innovation Fund

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rules:
220-2-.02 Legal Arms, Ammunition, and Equipment for Hunting
220-2-.05 Legal Hunting Hours for Game Birds
220-2-.11 Prohibited Methods and Devices for Hunting
220-2-.18 Possession Limit
220-2-.25 Imported Game Birds, Game Animals, Wildlife and Raw Furs Subject to State Laws
220-2-.26 Restrictions on Possession, Sale, Importation and/or Release of Certain Animals and Fish
220-2-.29 Open Trapping Seasons on Fur-Bearers
220-2-.30 Fur-Bearing Animals Designated/Trap Specifications/and Prohibited Devices/Tagging Requirement
220-2-.35 Daily Creel Limits, Possession Limits and Size Limits
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama
220-2-.73 The Alabama Cooperative Deer Management Assistance Program
220-2-.86 Feral Swine Regulation
220-2-.101 Hunting of Captive Bred Mallard Ducks and Non-Native Game Birds on Commercial Fowl Hunting Preserves
220-2-.109 Physically Disabled Hunting Areas
220-2-.143 Alligator Hunting Season and Regulations
220-2-.151 Archery Range Regulation

Certified Repealed Rules:
220-2-.14 Deer Hunting Confined to Bucks Only with Bare Antlers Visible Above Hairline
220-2-.19 Permit for Shipping 2 Days Bag Limit
220-2-.54 Hunting Dates, Etc. on State Wildlife Management Areas
220-2-.93 Prohibition of Importation/Possession of the Fishes Rudd and Roach
220-2-.102 Prohibition of Use of Certain Animals in Greyhound Racing or Training

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF (cont.)
Peremptory Repealed Rules:
220-2-.01 2010-2011 Hunting Seasons
220-2-.01.01 2011-2012 Hunting Seasons
220-2-.56 2010-2011 Wildlife Management Area Hunting Seasons
220-2-.56.01 2011-2012 Wildlife Management Area Hunting Seasons
220-2-.77 2011-2012 Duck, Coot, Merganser, Goose, and Teal Hunting Season
220-2-.107 Special 2011-2012 Hunting Seasons for Fort Rucker and Wheeler National Wildlife Refuge

Peremptory New Rules:
220-2-.01 2012-2013 Hunting Seasons
220-2-.56 2012-2013 Wildlife Management Area Hunting Seasons
220-2-.77 2012-2013 Duck, Coot, Merganser, Goose, and Teal Hunting Season
220-2-.107 Special 2012-2013 Hunting Seasons for Fort Rucker and Wheeler National Wildlife Refuge

COURT REPORTERS, BOARD OF
Certified Repealed Rule:
257-X-3-.02 Licensure by Grandfathering by Credentials

CRIME VICTIMS’ COMPENSATION COMMISSION
Proposed Amended Rule:
262-X-4-.02 Eligibility Criteria Generally

Emergency Amended Rule:
262-X-4-.02 Eligibility Criteria Generally

Certified Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

DENTAL EXAMINERS, BOARD OF
Proposed Amended Rule:
270-X-3-.04 Alabama Dental Hygiene Program (ADHP) Requirements

FINANCE, DEPARTMENT OF
Certified Amended Rules:
355-4-1-.03 General Requirements of Vendors
355-4-1-.04 Operational Policy
355-4-1-.07 State of Alabama Procurement/Credit Card Program

Certified Repealed Rule:
355-4-1-.06 No Bid Response to ITB

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Proposed Amended Rules:
360-X-1-.01 General Regulations and Administrative Procedures
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-15-.01 Incipient Industrial Fire Brigade Member
360-X-15-.02 Advanced Exterior Industrial Fire Brigade Member
360-X-15-.03 Interior Structural Industrial Fire Brigade Member
360-X-15-.04 Industrial Fire Brigade Leader

Proposed New Rule:
360-X-19-.12 Certified Rescue Technician: Swiftwater Rescue

FORENSIC SCIENCES, DEPARTMENT OF
Certified New Rule:
370-3-1-.01 Ignition Interlock Rules

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rule:
Chapter 420-7-2 Appendix A – Controlled Substances List

Certified Repealed Rule:
Chapter 420-5-7 Hospital Rules

Certified New Rule:
Chapter 420-5-7 Hospital Rules

HEALTH PLANNING AND DEVELOPMENT AGENCY
Proposed New Rule:
410-2-4-.15 Inpatient Hospice Services

Certified Amended Rules:
410-2-4-.03 Nursing Homes
410-2-4-.04 Limited Care Facilities – Specialty Care Assisted Living Facilities
410-2-4-.05 Assisted Living Facilities
410-2-4-.11 Substance Abuse

INDUSTRIAL RELATIONS, DEPARTMENT OF
Certified Amended Rules:
480-1-1-.11 Electronic Filing of New Hire Data
480-4-3-.33 Types of Income Effecting Eligibility
480-5-3-.06 Definitions
480-5-3-.07 Formation of Funds
480-5-3-.08 Operation of Funds
480-5-3-.10 Powers and Authority of the Director

INSURANCE, DEPARTMENT OF
Proposed Amended Rules:
Chapter 482-1-110 Renewal of License and Continuing Education for Producers and Service Representatives

Proposed New Rules:
Chapter 482-1-147 Insurance Producer, Temporary Producer, and Service Representative Requirements Relating to Prelicensing Education, Examinations, Licensing, Appointments, and Disciplinary Consequences
Chapter 482-1-148 Title Insurance Agents
Chapter 482-1-151 Independent Adjusters
Chapter 482-2-104 Explosives Safety Act Variation Fee
Chapter 482-3-002 Preneed Fees and Fines

INTERPRETERS AND TRANSLITERATORS, LICENSURE BOARD FOR
Proposed Amended Rules:
488-X-1-.02 Fees
Appendix I Forms List

LANDSCAPE ARCHITECTS, BOARD OF
Proposed Amended Rules:
500-X-2-.02 Application for Licensure
500-X-2-.03 Application for Examination or Re-Examination
500-X-2-.04 Examination
500-X-2-.08 Fees – Payment, Receipt
500-X-2-.10 Fees – Amount
500-X-2-.15 Renewals and Expirations

MEDICAID AGENCY
Emergency Amended Rule:
560-X-16-.20 Quantity Limitations

Certified Amended Rules:
560-X-51-.01 Hospice Care General
560-X-51-.03 Provider Eligibility and Certification of Terminal Illness Requirements
560-X-51-.04 Recipient Eligibility
560-X-51-.05 Election Procedures

MEDICAL EXAMINERS, BOARD OF
Certified Amended Rules:
Chapter 540-X-7 Assistants to Physicians, Appendix D - Application for Licensure of Physician Assistant
Chapter 540-X-7 Assistants to Physicians, Appendix H - Application for Licensure of Anesthesiologist Assistant
540-X-14-.02 Basic Requirement
540-X-14-.04 Retired Physicians
540-X-14-.07 Waiver for Illness or Disability
540-X-14-.09 Certification of Compliance
540-X-14-.12 Issuance of Annual Certificate of Registration
540-X-14-.15 Sanctions For Non-Compliance

Certified Repealed Rule:
540-X-14-.13 Grace Period and Notice

MEDICAL LICENSURE COMMISSION
Proposed Amended Rule:
Chapter 545-X-2 Appendix B – Medical License Renewal Application

Emergency Amended Rule:
Chapter 545-X-2 Appendix B – Medical License Renewal Application

MENTAL HEALTH, DEPARTMENT OF
Certified Repealed Rules:
Chapter 580-5-31 Program Administrative Standards
Chapter 580-5-32 Service Standards

Certified New Rule:
Chapter 580-5-33 Administrative and Support Requirements for Community Providers of Intellectual Disabilities Services Standards

ONSITE WASTEWATER BOARD
Certified Amended Rules:
628-X-2-.07 Petition for Adoption, Amendment or Repeal of Rules
628-X-3-.03 Obtaining a New License
628-X-3-.04 Annual Renewal of Licenses, Consequences of Failure to Renew
628-X-3-.06 Requirements for Continuing Education
628-X-4-.01 When Required; Failure for Timely Payment; Method of Payment; Time of Payment
628-X-4-.02 Amount of Fees

REAL ESTATE APPRIASERS BOARD
Certified Amended Rules:
780-X-3-.06 Qualifying Education Curricula Approved by the Board for Licensure as a Real Property Appraiser
780-X-12-.02 Continuing Education Requirements

REAL ESTATE COMMISSION
Certified Amended Rules:
790-X-1-.15 School and Instructor Advertising Regulations
790-X-1-.17 Disciplinary Actions for Instructors and Schools
790-X-1-.21 Distance Education Courses
790-X-2-.13 Activation of Inactive License

Certified Repealed Rule:
790-X-2-.06 Temporary Broker License

Certified New Rules:
790-X-2-.24 Condominium Sales and Leasing Office
790-X-2-.25 Model Home Sales Office

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-5-8-.04 Registration Denial-Mandatory Liability Insurance Law
810-6-3-.07.05 Charitable Organizations and Institutions
810-6-3-.65 Sales Tax Holiday

Certified Amended Rules:
810-3-73-.01 Withholding Exemption Certificates
810-5-75-.24 Title Procedure-First and Second Lien(s) to be Recorded (Security Interest Created by Owner) Title Procedure – Assignment and Transfer of Lien by Lienholder
810-5-75-.64 Report of Unclaimed Vehicle-Where Vehicle Unclaimed for Longer than Thirty (30) Days
810-27-1-4-.17 Sales Factor: Sales Other than Sales of Tangible Personal Property

Certified New Rules:
810-5-12-.02 Surety Bond and Surety Bond Continuation Form for New and Used Motor Vehicle Dealers, Motor Vehicle Wholesalers, Motor Vehicle Reconditioners, and Motor Vehicle Rebuilders
810-5-12-.03 Bond Claim for New Motor Vehicle Dealers, Motor Vehicle Wholesalers, Used Motor Vehicle Dealers, Motor Vehicle Reconditioners, and Motor Vehicle Rebuilders
810-5-12-.05 Evidence of Liability Insurance for Licensed Motor Vehicle Dealers, Motor Vehicle Reconditioners, Motor Vehicle Rebuilders, and Motor Vehicle Wholesalers
810-6-3-.66 Sales Tax Holiday for Severe Weather Preparedness
810-7-1-.24 Electronic Filing of Hazardous Waste Fee, Solid Waste Fee, Pari-Mutuel Pool Tax and State Horse Wagering Fee Returns
810-8-1-.60 Credit Card Issuer Petition for Refund for Gasoline and Undyed Diesel Fuel Purchases by Licensed Exempt Entities
810-8-1-.64 Motor Fuel Discounts
810-8-5-.14 Internet-Based Automotive Dismantler and Parts Recycler and BID Card Applications and Fees
810-8-5-.15 Quinquennial Adjustment to Municipal Business License Issuance Fees
810-8-5-.16 Electronic Filing of Severance Tax Returns and Supporting Supplemental Forms
810-27-1-4-.09.01 Apportionment Formula: Double Weighting the Sales Factor

TOURISM DEPARTMENT/FILM OFFICE
Certified Repealed Rule:
Chapter 891-X-1 Alabama Film Office Incentives

VETERINARY MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
930-X-1-.01 Introduction
930-X-1-.05 Forms
930-X-1-.06 Fees
930-X-1-.08 Temporary License
930-X-1-.10 Rules of Professional Conduct/Grounds of Discipline
930-X-1-.11 Prescribing and Dispensing Drugs
930-X-1-.12 Continuing Education Requirements
930-X-1-.13 Controlled Substances
930-X-1-.14 License Renewal
930-X-1-.16 Disciplinary Proceedings
930-X-1-.17 Investigations
930-X-1-.19 Matters Involving Related Pending Civil or Criminal Litigation
930-X-1-.30 Procedure for Removal of a Board Member
930-X-1-.31 Minimum Standards for Veterinary Facilities
930-X-1-.32 Minimum Standards for Mobile Premises
930-X-1-.33 Inactive License
930-X-1-.34 Alabama Veterinary Professionals Wellness Committee
930-X-1-.35 Certified Euthanasia Technicians (CET) for the Humane Euthanasia of Animals
930-X-1-.36 Registered Animal Euthanasia Facility (RAEF) for the Humane Euthanasia of Animals
930-X-1-.37 Rules of Professional Conduct for Veterinary Technicians/Grounds of Discipline

Proposed New Rule:
930-X-1-.39 Exercise of Independent Professional Judgment by Veterinarians; Prohibited Business Arrangements or Relationship

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PEREMPTORY ADOPTED RULES