ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXVIII, ISSUE NO. 5

FEBRUARY 26, 2010

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

ARCHITECTS, BOARD FOR REGISTRATION OF
Certified Repealed Rules:
Chapter 100-X-1 Composition of the Board
Chapter 100-X-2 Operation of the Board

Certified New Rules:
Chapter 100-X-1 Board Administration and General Provisions
Chapter 100-X-2 Registration and Renewal
Chapter 100-X-3 Continuing Education
Chapter 100-X-4 Scope of Practice
Chapter 100-X-5 Practice Requirements
Chapter 100-X-6 Complaints and Disciplinary Action
Chapter 100-X-7 Code for Professional Conduct

CHIROPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rule:
190-X-1-.18 Fees

Certified Amended Rule:
190-X-5-.09 Chiropractic Records Required; Release of Records

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed New Rule:
220-6-.62 Old River/Rabbit Island Vessel Restrictions

Emergency New Rule:
220-6-.62 Old River/Rabbit Island Vessel Restrictions

Certified Amended Rule:
220-2-.11 Prohibited Methods and Devices for Hunting
220-5-.07 Conduct

CONTRACTORS, LICENSING BOARD FOR GENERAL
Proposed Amended Rule:
230-X-1-.04 Change in Form of Operation

EDUCATION, DEPARTMENT OF
Proposed Amended Rules:
290-3-2-.03 Approaches to Earning a Professional Educator Certificate
290-3-2-.04 Professional Educator Certificate

EDUCATION, COMMISSION ON HIGHER
Certified Amended Rule:
300-2-1-.02 Review and Approval or Disapproval of Proposed Postsecondary Course Offerings in Alabama by Non-Alabama Institutions

Certified New Rule:
Chapter 300-4-7 The Alabama Teacher Recruitment Incentive Program

ELECTRONIC SECURITY BOARD OF LICENSURE
Certified Amended Rules:
304-X-1-.01 Definitions
304-X-1-.02 Licensure Procedures
304-X-1.-03 Fees
304-X-1-.04 Educational Requirements
304-X-1-.05 Code of Ethics
304-X-1-.06 Administrative Complaints

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-13-1-.02 Statutory Authority
335-13-1-.03 Definitions
335-13-1-.04 Limitations
335-13-1-.05 Communications
335-13-1-.06 Penalty for Violations
335-13-1-.07 Appeals
335-13-1-.10 Reserved
335-13-1-.13 Unauthorized Dumps

Proposed New Rule:
Chapter 335-13-3 Processing and Recycling

Certified Amended Rules:
335-3-1-.02 Definitions
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
ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Certified Amended Rules:
335-3-11-.07 Appendices to 40 CFR 63
Division 335-3 Appendix C – Environmental Protection Agency Regulations Reference Documents
335-4-1-.01 Definitions
335-4-1-.04 General
335-4-2-.02 Site Ranking System
335-4-2-.03 Scrap Tire Fund
335-4-2-.04 Remediation Contracting
335-4-3-.01 Registration Requirements
335-4-5-.01 General Requirements for Receivers
335-4-5-.03 Reporting
335-4-5-.04 Recordkeeping Requirements
335-4-6-.03 Reporting
335-4-6-.04 Recordkeeping Requirements
335-4-7-.03 Reporting
335-4-7-.04 Recordkeeping Requirements
335-14-1-.02 Definitions and References
335-14-2-.01 General
Chapter 335-14-2 Appendix IX – Wastes Excluded Under 335-14-1-.03
335-14-3-.01 General
335-14-3-.02 The Manifest
335-14-3-.08 Special Requirements for Generators of Waste Destined for Disposal at Commercial Hazardous Waste Disposal Facilities Located in the State of Alabama
335-14-4-.05 Transfer Facility Requirements
335-14-5-.02 General Facility Standards
335-14-5-.05 Manifest System, Recordkeeping, and Reporting
335-14-5-.06 Releases from Solid Waste Management Units
335-14-5-.07 Closure and Post-Closure
335-14-5-.08 Financial Requirements
335-14-5-.10 Tank Systems
335-14-5-.12 Waste Piles
335-14-5-.13 Land Treatment
335-14-5-.14 Landfills
335-14-5-.15 Incinerators
335-14-5-.19 Special Provisions for Cleanup
Chapter 335-14-5 Appendix I – Recordkeeping Instructions
335-14-6-.07 Closure and Post-Closure
335-14-6-.14 Landfills
Chapter 335-14-6 Appendix I – Recordkeeping Instructions
335-14-8-.02 Permit Application – Treatment, Storage, and Disposal Facilities
335-14-11-.02 Standards for Small Quantity Handlers of Universal Waste
335-14-17-.03 Standards for Used Oil Generators
ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Certified Amended Rules:
335-14-17-.05 Standards for Used Oil Transporter and Transfer Facilities

Certified New Rules:
335-4-4-.03 Engineered Uses of Processed Tire Material
335-14-3-.12 Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities

FINANCE, DEPARTMENT OF
Proposed Amended Rules:
355-4-1-.02 Definitions
355-4-1-.03 General Requirements of Vendors
355-4-1-.04 Operational Policy

Proposed New Rule:
355-4-1-.07 State of Alabama Procurement/Credit Card Program

FORESTRY COMMISSION
Certified Amended Rules:
390-X-7-.01 Use of Facilities
390-X-7-.07 Conduct
390-X-7-.08 Prohibited Devices

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rule:
420-3-26-.06 Radiation Safety Requirements for Users of X-Ray in Healing Arts or Servicers of X-Ray Equipment

Proposed New Rule:
Chapter 420-3-29 Renovation Contractor Certification

Proposed Repealed Rule:
Chapter 420-1-1 Chemical Test for Intoxication
Chapter 420-3-12 Design, Construction, Installation, and Operation of Food and Beverage Vending Machines
Chapter 420-5-13 Birthing Centers
Chapter 420-9-1 Hearing Aid Dealers

HEALTH PLANNING AND DEVELOPMENT AGENCY
Proposed New Rule:
410-1-4-.02 Construction or Relocation of Administrative or Branch Office

HEALTH PLANNING AND DEVELOPMENT AGENCY (cont.)
Certified Amended Rule:
410-2-3-.10 Hospice Services

Certified New Rule:
410-2-4-.15 Inpatient Hospice Services

HISTORICAL COMMISSION
Proposed New Rule:
460-X-7-.01 Alabama Historical Commission Grants, Program Description
460-X-7-.02 Application Forms
460-X-7-.03 Criteria for Awarding Grants

HUMAN RESOURCES, DEPARTMENT OF
Certified Amended Rule:
660-3-3-.01 Eligibility for Services

LIBRARY SERVICES, PUBLIC
Certified Repealed Rules:
Chapter 520-5-1 Circulation Policies
Chapter 520-6-1 Rules and Regulations for Libraries Participating in Net-Lending Reimbursement
Chapter 520-7-1 State of Alabama Construction Fund Grants for Alabama Public Libraries

Certified New Rule:
Chapter 520-7-1 State of Alabama Construction Fund Grants for Alabama Public Libraries

LIQUEFIED PETROLEUM GAS BOARD
Proposed Amended Rules:
530-X-2-.01 Purpose
530-X-2-.04 Procedures for Liquefied Petroleum Gas Filling Stations
530-X-2-.05 Procedures for Reporting Incident
530-X-2-.07 Liquefied Petroleum Gas Motor Fuel Carburetion Equipment
530-X-2-.15 Qualifications of Persons Performing Work on Liquefied Gas Systems

Proposed Repealed Rule:
530-X-2-.17 Replacement of LP-Gas Container Data Plates


MEDICAID AGENCY
Proposed Amended Rule:
560-X-1-.14 Medicaid Payments for Medicare/Medicaid and/or Qualified Medicare Beneficiaries (QMB) Eligible Recipients

Miscellaneous Notices:
PN-10-02 Amendment to Alabama State Plan for Medical Assistance
PN-10-03 Amendment to Alabama State Plan for Medical Assistance

Certified New Rule:
560-X-34-.07 Prior Authorization

MEDICAL EXAMINERS, BOARD OF
Certified Amended Rules:
Chapter 540-X-3 Appendix A – Application for Certificate to Practice Medicine Through Examination
Chapter 540-X-3 Appendix B – Application for Certificate to Practice Medicine Through Endorsement
540-X-4-.01 Registration for Alabama Controlled Substances Certificate
540-X-7-.28 Prescriptions and Medication Orders – Physician Assistants

Certified New Rules:
Chapter 540-X-12 Qualified Alabama Controlled Substances Registration Certificate
Chapter 540-X-12 Appendix A – Application for Qualified Alabama Controlled Substances Registration Certificate
Chapter 540-X-12 Appendix B – Application for Renewal of Qualified Alabama Controlled Substances Registration Certificate

MEDICAL LICENSURE COMMISSION
Proposed Amended Rules:
Chapter 545-X-2 Appendix A – Application for Licensure to Practice Medicine/Osteopathy
Chapter 545-X-2 Appendix B – Alabama Medical License Renewal Application
Chapter 545-X-2 Appendix E – Retired Senior Volunteer Program: Application for Renewal of License to Practice Medicine or Osteopathy
545-X-3-.01 Definitions

MEDICAL LICENSURE COMMISSION (cont.)
Proposed Amended Rules:
545-X-3-.03 Initiation of a Contested Case; Notice and Opportunity for Hearing in Contested Cases; Contents of Notice; Procedure Upon Failure of Notified Party to Appear; Presentation of Evidence and Argument; Right to Counsel; Disposition by Stipulation; Settlement; Contents of Record; Public Attendance at Oral Proceedings; Recordings and Transcripts of Oral Proceedings
545-X-3-.04 Discovery in Contested Cases
545-X-3-.05 Witnesses/How Subpoenaed and Sworn; Failure to Comply
545-X-3-.06 Intervention in Contested Cases
545-X-3-.08 Conduct of Hearings in Contested Cases; Appointment and Authority of Hearing Officer; Grounds for Suspension or Revocation of License
545-X-3-.10 Form and Content of Final Order; When Final Order to be Rendered; Service of Notice and Copies of Final Order
545-X-3-.15 Applications for Reinstatement of Licenses and Applications for Modification of Orders
Chapter 545-X-5 Continuing Medical Education

NURSING, BOARD OF
Proposed Amended Rule:
610-X-7-.04 Registered Nurse as Surgical First Assistant (RNFA)

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-3-24.2-.01 Composite Returns of Pass-Through Entities
810-3-24.2-.02 Qualified Investment Partnerships
810-3-24.2-.03 Other Qualified Investment Partnership Matters

Certified Amended Rules:
810-3-28-.04 Requirements for the Partnership/LLC Return of Income Declaration for Electronic Filing
810-3-39-.09 Requirements for the Corporate Income Tax Declaration for Electronic Filing
810-5-75-.40 Requirements for Names and Signatures on Title Application and Title Assignments. Reference: Sections 32-8-1 thru 32-8-88, Code of Alabama 1975, as amended
810-13-1-.01 Scope of Division 13

Certified Repealed Rules:
810-5-5-.02 Application for Certificate of Title – Requirements for Name and Address
810-5-5-.04 Application for Certificate of Title – Legal Name of Owner
REVENUE, DEPARTMENT OF (cont.)
Certified Repeal Rule:
810-5-75-.22 Title Procedure – Third Lien to be Added (Security Interest Created by Owner). Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as amended

Certified New Rules:
810-3-28-.07 Alabama Requirements for Mandatory E-File of Original Partnership/Limited Liability Company Income Tax Returns
810-3-28-.08 Alabama Requirements for Compliance with Administrative Rule 810-3-28-.07
810-3-39-.12 Alabama Requirements for Mandatory E-File of Original Corporate Income Tax Returns
810-3-39-.13 Alabama Requirements for Compliance With Administrative Rule 810-3-39-.12
810-8-6-.02 Procedures for Reporting and Remitting Oil and Gas Production and Privilege Taxes for Offshore Production
810-8-6-.03 Procedures for Reporting and Remitting Oil and Gas Privilege Taxes for Wells Within the Corporate Limits or Police Jurisdiction of a Municipality Production

SECRETARY OF STATE
Proposed Amended Rule:
Chapter 820-2-6 Procedures for Provisional Voting

TOURISM AGENCY
Proposed New Rule:
Chapter 891-X-1 Alabama Film Office Incentives

MISCELLANEOUS NOTICES

EMERGENCY ADOPTED RULE

CERTIFIED ADOPTED RULES