ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXVIII, ISSUE NO. 10

JULY 30, 2010

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

ARCHITECTS, BOARD FOR REGISTRATION OF
Certified Amended Rules:
100-X-1-.02 Office of the Board
100-X-1-.03 Board Members
100-X-1-.06 Meetings, Quorum and Order of Business
100-X-1-.07 Election of Officers
100-X-1-.09 Executive Director
100-X-1-.10 Employees and Contract Agreements
100-X-1-.14 Fee Schedule
100-X-1-.15 Public Records
100-X-2-.05 Registration by NCARB Certificate
100-X-2-.06 Registration by Reinstatement
100-X-2-.07 Certificates of Registration
100-X-2-.08 Reconsideration of a Denied Application
100-X-5-.02 Use of the Title “Intern – Architect”
100-X-5-.03 Architect’s Seal
100-X-5-.06 Construction Administration
100-X-5-.08 Prototypical Documents
100-X-5-.09 Design-Build
100-X-6-.01 Complaints
100-X-6-.02 Probable Cause
100-X-6-.03 Investigation
100-X-7-.05 Professional Conduct

Certified New Rule:
Chapter 100-X-8 Certificates of Authorization

ASSISTED LIVING ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rule:
135-X-5-.02 Pre-Examination Requirement and Conditions Precedent

AUCTIONEERS, BOARD OF
Proposed Amended Rule:
150-X-1-.02 Application for Auctioneer’s License

BOXING COMMISSION
Certified New Rules:
Chapter 165-X-1 Definitions
Chapter 165-X-2 Licenses
Chapter 165-X-4 Medical Requirements
Chapter 165-X-7 Officials: Chief Inspector, Corner Inspectors, Referees, Judge, and Timekeepers
Chapter 165-X-8 Conduct of Contest, Match or Exhibition

BUILDING COMMISSION
Certified Amended Rule:
170-X-2-.01 Adopted Standard Codes

CHIROPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rule:
190-X-2-.15 Licensure by Reciprocity

Proposed New Rule:
190-X-3-.03 Nutraceuticals, Minerals and Vitamins

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-2-.21 Possession of Firearms or Bow and Arrow in Any Wildlife Management Area, Refuge or Sanctuary Prohibited
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-.143 Alligator Hunting Season and Regulations

Emergency Repealed Rules:
220-6-.45 Emergency Closure to Vessels and Watercraft
220-6-.45 Emergency Closure and Idle Speed Only – No Wake Areas to Vessels and Watercraft

Emergency New Rules:
220-6-.45 Emergency Closure and Idle Speed Only – No Wake Areas to Vessels and Watercraft
220-6-.45 Emergency Idle Speed Only – No Wake Areas to Vessels and Watercraft

COURT REPORTERS, BOARD OF
Certified Amended Rules:
257-X-3-.03 Temporary Licensure
257-X-4-.01 Standards of Professional Conduct
257-X-6-.03 CE Sponsors and Programs
Chapter 257-X-7 Appendix I – Fee Schedule

CRIME VICTIMS’ COMPENSATION COMMISSION
Certified Repeal Rule:
262-X-12-.01 Domestic Violence Emergency Award

EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-3-2-.03 Approaches to Earning a Professional Educator Certificate
290-3-2-.09 Career and Technical Alternative Baccalaureate-Level Certificate

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Certified Amended Rules:
335-6-6-.23 General Permits
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

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

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rules:
420-3-22-.01 General Provisions
420-3-22-.03 Food
420-4-1-.03 Enumeration
420-10-2-.05 WIC-Vendor Management

Proposed Repealed Rule:
Chapter 420-8-1 Fluoridation of Public Water Supplies

Proposed New Rule:
Chapter 420-11-2 Rules for Qualifications and Criteria for Retired Physicians and Dentists to be Eligible to Participate in Professional Liability Coverage While Serving at Established Free Medical Clinics

Certified Amended Rules:
420-3-26-.01 General Provisions
420-3-26-.02 Licensing
420-3-26-.03 Standards for Protection Against Radiation
HEALTH, DEPARTMENT OF PUBLIC (cont.)
Certified Amended Rules:
420-3-26-.07 Use of Radionuclides in the Healing Arts
420-3-26-.10 Notices, Instructions, and Reports to Workers; Inspections
420-5-11-.01 General
420-5-11-.04 Physical Environment

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

INSURANCE, DEPARTMENT OF
Proposed Amended Rule:
482-1-115-.03 Definitions

INTERIOR DESIGNERS, BOARD FOR REGISTERED
Proposed Repealed Rules:
Chapter 485-X-1 Composition and Operation of the Board
Chapter 485-X-2 Authorization to Practice
Chapter 485-X-3 Certificates of Registration for Interior Designers
Chapter 485-X-4 Seals and Authorization for Registered Interior Designers
Chapter 485-X-5 Registration and Examination
Chapter 485-X-6 Continuing Education
Chapter 485-X-7 Exemptions
Chapter 485-X-8 Complaints and Violations
Chapter 485-X-9 Administrative Hearings
Appendix I Fee Schedule

Proposed New Rules:
Chapter 485-X-1 Composition and Operation of the Board
Chapter 485-X-2 Authorization for Registration
Chapter 485-X-3 Registration of Interior Designers
Chapter 485-X-4 Certificates and Seals
Chapter 485-X-5 Continuing Education
Chapter 485-X-6 Exemptions
Chapter 485-X-7 Complaints and Violations
Chapter 485-X-8 Disciplinary Action

MEDICAID AGENCY
Certified Amended Rule:
560-X-16-.06 Reimbursement for Covered Drugs and Services

MEDICAL EQUIPMENT SERVICES PROVIDERS, BOARD OF HOME
Certified Amended Rule:
473-X-2-.01 Employees, Oath; Meeting; Powers

MEDICAL EXAMINERS, BOARD OF
Certified Amended Rule:
540-X-4-.01 Registration for Alabama Controlled Substances Certificate

OIL AND GAS BOARD
Certified Amended Rules:
400-1-1-.01 Applicability
400-1-1-.05 Definitions
400-1-2-.01 Well Permit
400-1-2-.02 Spacing of Wells
400-1-5-.09 Permissible Tolerance in Production Volumes Allowed for Oil Wells
400-1-5-.10 Permissible Tolerance in Production Volumes Allowed for Gas Wells
400-2-1-.01 Applicability
400-2-1-.05 Definitions
400-2-2-.01 Well Permit
400-2-2-.02 Spacing of Wells
400-2-5-.09 Permissible Tolerance in Production Volumes Allowed for Oil Wells
400-2-5-.10 Permissible Tolerance in Production Volumes Allowed for Gas Wells
400-3-1-.05 Definitions
400-3-2-.01 Well Permit
400-3-2-.02 Spacing of Wells
400-7-1-.11 Notice
400-7-2-.01 Forced Integration or Forced Pooling

OPTOMETRY, BOARD OF
Certified Amended Rule:
650-X-5-.01 Application for Examination and Licensing

PHARMACY, BOARD OF
Certified Amended Rules:
680-X-2-.24 Precursor Drugs
680-X-3-.03 Time and Method of Payment; Renewal and Non-Disciplinary Penalty for Late Renewal of Controlled Substances Permit

Certified New Rule:
680-X-2-.40 Non-Disciplinary Penalty for Late Renewal of License or Permit

REAL ESTATE APPRAISERS BOARD
Certified Amended Rule:
780-X-12-.02 Continuing Education Requirements
REAL ESTATE APPRAISERS BOARD (cont.)
Certified Amended Rules:
780-X-13-.01 Adoption of Uniform Standards of Professional Appraisal Practice
780-X-16-.01 Application for Licensure
780-X-16-.05 Temporary Permits
780-X-16-.07 Application for Mentor Status

REVENUE, DEPARTMENT OF
Proposed Amended Rule:
810-3-39-.03 Consolidated Filing

Proposed Repealed Rules:
810-3-35.1-.03 Carryforward of Net Operating Losses for Corporations Filing Alabama Consolidated Returns
810-5-4-.02 Designated Agents – Applications for Certificate of Title. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
810-5-4-.03 Collection of Designated Agent Fee for Applications for Title Prepared by the Department
810-5-4-.04 Designated Agents – Time Frame for the Delivery of Title Applicants to the Department
810-5-5-.05 Application for First Certificate of Title – Certified Manufacturer’s Statement of Origin Necessary with Application. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
810-5-5-.06 Application for Certificate of Title – Vehicle Identification Number on Application and Supporting Documents. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
810-5-5-.08 Application for First Certificate of Title – Outstanding, Out-of-State, Surrendered Title Required as Supporting Document. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
810-5-7-.01 Use of Duplicate Copy of Application as Permit to Operate Motor Vehicle. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
810-5-19-.05 Security Interest – Perfection on Motor Vehicles Excluded from Department Records. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
810-5-26-.03 Powers of the Department – Retention of Microfilm Certificate of Title Records
810-5-27-.01 Hearings – Aggrieved Persons
810-5-41-.02 Salvage – Owner’s Responsibility on Insurance Settlement. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
REVENUE, DEPARTMENT OF (cont.)
Proposed Repealed Rule:
810-5-41-.03 Salvage – Responsibility of Insurance Company on Total Loss Payment. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended

Certified 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 New Rule:
810-15-1-.10 Hospital Assessment for Medicaid

Disapproval Of Rule By The Joint Committee On Administrative Regulation Review:
810-2-8-.08 Subtraction from Net Worth for the Investment in the Equity of Any Other Taxpayer Doing Business in Alabama

SOIL AND WATER CONSERVATION COMMITTEE FOR SOIL CLASSIFIERS
Certified New Rule:
Chapter 860-3-1 Applications, Examinations and Fees

SURFACE MINING COMMISSION
Proposed Amended Rules:
880-X-6A-.07 License Fee
880-X-6A-.08 Annual License Updates

Proposed New Rule:
880-X-12A-.09 Fees

EMERGENCY ADOPTED RULES

CERTIFIED ADOPTED RULES

DISAPPROVAL OF RULE BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW