ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXIV, ISSUE NO. 11

AUGUST, 31, 2016

DATE OF PUBLICATION

FILINGS BY AGENCY

AUCTIONEERS, BOARD OF
Certified New Rules:
150-X-1-.08 Disciplinary Actions
Appendices II Forms Associated with These Rules and Regulations

CHIROPRACTIC EXAMINERS, BOARD OF
Certified Amended Rules:
190-X-1-.18 Fees
190-X-2-.19 Application; Licensure by Credentials

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rules:
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama
220-4-.15 Regulation of Certain Conduct on Lands under State Lands Division Jurisdiction

Certified New Rule:
220-3-.85 Seafood Aquaculture

Peremptory Amended Rules:
220-2-.22 Wildlife Management Areas and Sanctuaries Established
220-2-.140 Special State Park Hunting Seasons

Peremptory Repealed Rule:
220-2-.01 2015-2016 Hunting Seasons

Peremptory New Rules:
220-2-.01 2016-2017 Hunting Seasons
220-2-.56 2016-2017 Wildlife Management Area Hunting Seasons

COSMETOLOGY AND BARBERING, BOARD OF
Certified Amended Rules:
250-X-5-.06 General Rules for Schools
250-X-6-.01 Candidate Examinations

CRIME VICTIMS’ COMPENSATION COMMISSION
Proposed Amended Rules:
262-X-2-.02 Officers
262-X-2-.03 Meetings

Emergency Amended Rules:
262-X-2-.02 Officers
262-X-2-.03 Meetings

ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF
(Alabama Energy and Residential Codes Board)
Proposed Amended Rule:
305-2-4-.10 Residential Energy Code

Certified Amended Rule:
305-2-4-.08 Commercial Energy Code

Certified Repealed Rule:
305-2-4-.09 Residential Building Code

Certified New Rule:
305-2-4-.09 Residential Building Code

EDUCATION, DEPARTMENT OF
Proposed Amended Rules:
290-2-1-.01 Annual Apportionment of the Foundation Program Funds
290-2-1-.02 Annual Apportionment of Current Units Funds

Proposed New Rule:
290-4-1-.03 Grading System for School Districts and Schools

EDUCATION, COMMISSION ON HIGHER
Certified Amended Rules:
300-4-7-.01 Goal
300-4-7-.04 Definition of Terms
300-4-7-.06 Application Processing Procedures

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Certified Amended Rule:
335-2-3-.05 Agenda and Public Participation

FINANCE, DEPARTMENT OF
Real Property Management, Division of Construction Management
Proposed New Rule:
Chapter 355-10-1 Construction Industry Craft Training Fees

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Certified Amended Rules:
360-X-1-.01 General Regulations and Administrative Procedures
360-X-15-.01 Incipient Industrial Fire Brigade Member
360-X-22-.01 Certified Marine Firefighter

Certified Repealed Rule:
360-X-22-.02 Certified Marine Firefighter II

HEALTH, DEPARTMENT OF PUBLIC
Miscellaneous Notice:
Notice 2017 State Plan of Program Operations for the Women, Infants and Children Program

Certified Amended Rules:
Chapter 420-3-22 Food Establishment Sanitation
420-7-2-.12 Prescription Drug Monitoring Program Reporting to Database by Dispensers

Certified New Rule:
420-5-19-.02 Portable Physician Do Not Attempt Resuscitation Orders

HEALTH PLANNING AND DEVELOPMENT AGENCY
Proposed Amended Rule:
410-2-5-.04 Plan Revision Procedures

Certified Amended Rules:
410-1-1-.04 Sanctions
410-1-2-.05 Health Care Facility
410-1-3-.06 State Agency Records
410-1-3-.08 Mode of Filing
410-1-3-.09 Electronic Filing
410-1-4-.02 Construction or Relocation of Administrative or Branch Office
410-1-5-.04 Fees
410-1-7-.02 Reviewability Determination Request
410-1-7-.03 Notice of Intent to Acquire
410-1-7-.04 Notice of Change of Ownership
410-1-7-.05 Letter of Intent
410-1-7-.06 Filing of a Certificate of Need Application
410-1-7-.11 Withdrawal from the Review Process
410-1-7-.12 Thirtieth (30th) Day of the Review Period
410-1-7-.13 Forty-Fifth (45th) Day of the Review Period
410-1-7-.16 Sixty-Fifth (65th) Day of the Review Period
410-1-8-.02 Contested Case before Administrative Law Judge
410-1-8-.03 Conduct of Public Hearings
410-1-8-.09 Reconsideration of Decision
410-1-8-.11 Notice of Hearing on Request for Reconsideration
410-1-8-.16 Fair Hearing
410-1-8-.18 Notice of Fair Hearing
410-1-9-.01 Declaratory Rulings
410-1-10-.01 Emergency Review
410-1-10-.03 Project Modifications after Issuance of Certificate of Need
410-1-10-.04 Home Health Contiguous County Exemption Referrals
410-1-11-.01 Duration of Certificate of Need
410-1-11-.04 Failure to Commence Construction
410-1-11-.08 Surrender of Certificate of Need
Appendix Certificate of Need Application
Appendix Notice of Change of Ownership/Control

MEDICAID AGENCY
Certified Amended Rules:
560-X-1-.02 Laws and Publications Applicable to Medicaid
560-X-62-.01 Certificate in Order to Collaborate with other Entities, Individuals, or Regional Care Organizations

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-3-24 Certificate and Limited License Under Retired Senior Volunteer Program
Chapter 540-X-3 Appendix E – Application for a Certificate of Qualification Under the Retired Senior Volunteer Physician Program (RSVP)
540-X-8-.11 Prescriptions and Medication Orders by Certified Registered Nurse Practitioners
540-X-8-.25 Prescriptions and Medication Orders by a Certified Nurse Midwife

NURSING, BOARD OF
Proposed Repealed Rules:
610-X-5-.12 Prescriptions and Medication Orders by Certified Registered Nurse Practitioners
610-5-.23 Prescriptions and Medication Orders by Certified Nurse Midwives

OIL AND GAS BOARD
Proposed Amended Rule:
400-1-2-.02 Spacing of Wells

OPTOMETRIC SCHOLARSHIP AWARDS BOARD
Proposed Amended Rules:
635-X-6-.02 Amount of Each Scholarship
635-X-6-.04 Selection of Recipients of Merit Scholarships

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rule:
780-X-4-.08 Miscellaneous Fees

Certified Amended Rule:
780-X-17-.18 Business Practices

Certified Repealed Rule:
780-X-1-.17 Study of Customary and Reasonable Fees for Appraisals of Alabama Properties

Certified New Rule:
780-X-17-.21 Appraiser Independence and Customary and Reasonable Fees

REAL ESTATE COMMISSION
Proposed Amended Rules:
790-X-3-.03 Deposit of Funds
790-X-3-.04 Estimated Closing Statement
790-X-3-.06 Probable Cause Determination

Certified Amended Rules:
790-X-1-.06 Prelicense and Post License School Approval and Requirements
790-X-1-.07 Qualifications for Prelicense and Post License Instructors
790-X-1-.08 Instructor Approval and Utilization
790-X-1-.10 Application, Fees and Renewal Requirements for Instructors, Courses, Administrators, and Schools
790-X-1-.11 Course Content for Continuing Education
790-X-1-.12 Continuing Education Course Approval and Requirements
790-X-1-.16 Audits of Approved Schools and Instructors
790-X-1-.17 Disciplinary Actions for Instructors, Administrators and Schools
790-X-1-.18 Reciprocal License Requirements


REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-3-28-.01 Partnership Returns
810-5-1-.234 Personalized License Plates

Certified Repealed Rule:
810-27-1-4-.03 Taxable in Another State

SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, BOARD OF EXAMINERS FOR
Certified Amended Rules:
870-X-1-.03 Election, Terms, and Duties of Officers; Conduct of Meetings; Contracts
870-X-2-.03 Requirements for Licensure
870-X-2-.04 Disposition of Applications for Licensure
870-X-4-.05 Inactive Status
870-X-4-.08 Mandatory Continuing Education

MISCELLANEOUS NOTICE

EMERGENCY ADOPTED RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256