ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXI, ISSUE NO. 11

AUGUST 30, 2013

DATE OF PUBLICATION

FILINGS BY AGENCY

ARCHITECTS, BOARD FOR REGISTRATION OF
Certified Amended Rule:
100-X-8-.02 Application Procedures

ASSISTED LIVING ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rules:
135-X-5-.02 Pre-Examination Requirement and Conditions Precedent
135-X-7-.02 Refusal, Suspension, Revocation of License, and Disciplinary Proceedings

ATHLETIC COMMISSION
Proposed New Rules:
Chapter 165-X-26 Toughman
Chapter 165-X-27 Pro Wrestling

ATHLETIC TRAINERS, BOARD OF
Certified Amended Rules:
140-X-4-.01 General Provisions
140-X-4-.02 Requisites for Renewal
140-X-4-.03 Continuing Education
140-X-5-.02 Administrative Fee Schedule

CHIROPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rule:
190-X-4-.05 Disciplinary Hearings

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-2-.26 Restrictions on Possession, Sale, Importation and/or Release of Certain Animals and Fish
220-2-.37 Restricted Use of Public Access Areas

Emergency Amended Rule:
220-2-.143 Alligator Hunting Season and Regulations

Peremptory Amended Rules:
220-3-.30 Saltwater Fish Creel, Bag, Possession and Size Limits
220-3-.37 Commercial Shark Regulation

COSMETOLOGY AND BARBERING, BOARD OF
Proposed Repealed Rules:
Chapter 250-X-1 Administration
Chapter 250-X-2 Licenses
Chapter 250-X-3 Shop Requirements
Chapter 250-X-4 Apprentices
Chapter 250-X-5 Schools
Chapter 250-X-6 Examinations

Proposed New Rules:
Chapter 250-X-1 Administration
Chapter 250-X-2 Licenses
Chapter 250-X-3 Shop Requirements
Chapter 250-X-4 Apprentices
Chapter 250-X-5 Schools
Chapter 250-X-6 Examinations

CRIME VICTIMS’ COMPENSATION COMMISSION
Certified Amended Rules:
262-X-2-.08 Compensation of Commission Members
262-X-4-.02 Eligibility Criteria Generally

CRIMINAL JUSTICE INFORMATION CENTER
Proposed New Rule:
265-X-1-.09 Fee Schedule A

EDUCATION, DEPARTMENT OF
Proposed Amended Rules:
290-3-1-.02 Regulations Governing Public Schools
290-8-9-.04 Eligibility and Consent for Services
290-8-9-.05 Individualized Education Program (IEP)
290-8-9-.10 Administration

Emergency Amended Rules:
290-3-1-.02 Regulations Governing Public Schools
290-8-9-.04 Eligibility and Consent for Services
290-8-9-.05 Individualized Education Program (IEP)
290-8-9-.10 Administration

Certified Amended Rules:
290-3-2-.12 Career and Technical Alternative Baccalaureate-Level Certificate (CT ABC) Approach: For Individuals Issued a First CT ABC Beginning with the 2011-2012 Scholastic Year and Thereafter
290-3-2-.23 Specialty Area Career and Technical Certificate in a Technical Education Program Area Approach
290-3-2-.24 Specialty Area Career and Technical Certificate in Health Science Approach
290-3-2-.26 Career and Technical Education Temporary Certificate (CTE T)

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Certified Amended Rules:
335-3-1-.02 Definitions
335-3-10-.01 General
335-3-10-.02 Designated Standards of Performance
335-3-11-.01 General
335-3-11-.06 National Emission Standards for Hazardous Air Pollutants for Source Categories
Division 335-3 Appendix C – EPA Regulations Reference Documents for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Certified New Rules:
360-X-2-.05 Special Certification for Fire Chief
360-X-25-.01 Certified Rapid Intervention Crew Member

FORESTERS, BOARD OF REGISTRATION FOR
Proposed Amended Rule:
380-X-1-.09 Fees
380-X-5-.01 Procedure for Handling Alleged Violations Regarding the Practice of Forestry without a License

Certified Amended Rules:
380-X-1-.01 Description of Board’s Operations
380-X-3-.07 Lapsed Licenses - Renewal
380-X-3-.13 Acceptable Documentation of Citizenship/Legal Presence in the United States
380-X-5-.02 Procedure for Processing Alleged Violations Regarding the Practice of Forestry by Registered Foresters

HEALTH, DEPARTMENT OF PUBLIC
Miscellaneous Notice:
Notice FY2014 State Plan of Program Operations for the Women, Infants and Children Program

HEALTH PLANNING AND DEVELOPMENT AGENCY
Proposed Amended Rule:
410-2-4-.10 Psychiatric Care
410-2-4-.11 Substance Abuse

Emergency Amended Rule:
410-2-4-.11 Substance Abuse

HISTORICAL COMMISION
Emergency New Rule:
Chapter 460-X-23 Alabama Historic Rehabilitation Tax Credit

HUMAN RESOURCES, DEPARTMENT OF
Certified Amended Rules:
660-3-9-.01 Definition of License Withholding, Restriction, Suspension, and Revocation
660-3-9-.03 Payment Plan

INSURANCE, DEPARTMENT OF
Proposed Amended Rules:
482-1-055-.10 Acquisition of Control-Statement Filing
482-1-106-.04 Filings required within 30 Days of Appointment of An MGA
482-1-106-.05 What Must Be Certified and Filed Annually

Proposed Repealed Rule:
Chapter 482-1-105 Credit for Reinsurance

Proposed New Rule:
Chapter 482-1-156 Credit for Reinsurance

Certified New Rules:
Chapter 482-1-153 Portable Electronics Insurance Vendors
Chapter 482-1-154 Payment Failure
Chapter 482-1-155 Publication Fees

LABOR, DEPARTMENT OF
Proposed Amended Rules:
480-4-2-.23 Application for Protest and Review and Rendering Decisions on Protest of Liability, Assessment and Reimbursement Determinations
480-4-2-.25 Agents, Other Individuals or Firms Representing Employers in Unemployment Compensation Matters
480-4-3-.10 Mass Separation
480-4-3-.16 Job Abandonment
480-4-3-.17 Appeals
480-4-3-.18 Replacement of Benefit Checks

Proposed New Rule:
480-4-2-.34 Common Ownership Acquisitions

MEDICAID AGENCY
Miscellaneous Notice:
Public Notice Amendment to the Alabama State Plan for Medical Assistance

Certified Amended Rules:
560-X-16-.06 Reimbursement for Covered Drugs and Services
560-X-16-.20 Quantity Limitations
560-X-37-.01 General

Certified New Rule:
560-X-37-.07 Regional Care Organizations (RCO)

MENTAL HEALTH, DEPARTMENT OF
Certified Amended Rule:
Chapter 580-9-47 Prevention Standards

NINE-ONE-ONE BOARD
Emergency New Rule:
585-X-1-.03 Expanded Definition of Independent School Boards

OIL AND GAS BOARD
Certified Amended Rule:
400-3-8-.03 Hydraulic Fracturing of Coal Beds

Certified New Rule:
400-1-9-.04 Hydraulic Fracturing

PHYSICAL THERPAY, BOARD OF
Certified Amended Rule:
700-X-2-.09 Renewal of License

PROSTHETISTS AND ORTHOTISTS, BOARD OF
Proposed Amended Rule:
746-X-7-.05 Continuing Professional Education Required

Proposed New Rules:
Chapter 746-X-9 Licensure of Therapeutic Shoe Fitters
Chapter 746-X-10 Licensure of Orthotic Fitters

REVENUE, DEPARTMENT OF
Proposed Repealed Rule:
810-7-1-.19 State Fees on Hazardous Waste or Hazardous Substances

Proposed New Rules:
810-3-60-.04 Calculation of Average Annual Cost of Attendance for a Public K-12 Student
810-8-1-.24 Refund Policy Regarding Wholesale Oil/Import License Fee on Biodiesel Sold to a Licensed Supplier When Delivered to a Terminal
810-8-1-.25 Refund Policy Regarding Wholesale Oil License Fee on Diesel Fuel Diverted to Another State

Certified Amended Rules:
810-5-1-.247 Vehicle Identification Number (VIN) Inspections
810-5-75-.15 Application for Replacement Alabama Certificate of Title
810-5-75-.39 Altered Documents
810-5-75-.42 Dealer Records
810-5-75-.68 Title Procedure - Exemptions from Titling
810-7-1-.07 Computing Tobacco Tax on Give-Away Sample Cigarettes and Tobacco Products Other than Cigarettes
810-8-1-.22 Exemptions Pertaining to the Additional Excise Tax on Lubricating Oil
810-8-5-.03 Fee for Costs Incurred in Providing Copies of Privilege/Automotive Dismantler License or Buyer’s Identification Card Records

Certified Repealed Rules:
810-5-75-.21 Title Procedure –Lien or Security Interest Releases and Continuous Perfection of Lien or Security Interests
810-6-3-.51 Municipal Sales and Use Taxes and Gross Receipts Taxes

Certified New Rules:
810-3-60-.01 Eligibility for Parent Tax Credit for Students Enrolled in or Assigned to Attend a Failing School
810-3-60-.02 Eligibility for Parent Tax Credit for Students Attending a Nonpublic School
810-3-60-.03 Eligibility for Parent Tax Credit for Students Transferring to a Failing Public School
810-3-61-.01 Definition of Terms and Phrases Used in Connection with the Scholarship Program
810-3-61-.02 Credits for Contributions to Scholarship Granting Organizations (SGOs)
810-3-61-.03 Application of Scholarship Granting Organizations (SGOs) for Participation in the Scholarship Program
810-3-61-.04 Receipt, Maintenance and Disbursement of Scholarship Funds by Scholarship Granting Organizations (SGOs)
810-3-61-.05 Annual Report of Scholarship Granting Organizations (SGOs)
810-3-61-.06 Notice of Nonpublic School to the Department of its Intention to Participate in the Scholarship Program
810-5-1-.238 Registration of Motor Vehicles Not Subject to Titling
810-5-75-.21 Title Procedure –Lien or Security Interest Releases and Continuous Perfection of Lien or Security Interests
810-8-1-.01 Criteria for Governing Bodies of Counties and Incorporated Municipalities to Receive Refund of Motor Fuel Excise Taxes
810-8-1-.65 Wholesale Oil License Fee/Import License Fee Return Required
810-8-5-.17 Surety Bond for Automotive Dismantler and Parts Recyclers
810-8-5-.18 Bond Claim for Automotive Dismantler and Parts Recyclers

MISCELLANEOUS NOTICES

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES