AAM-JUL-15

ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXIII, ISSUE NO. 10

JULY 31, 2015

FILINGS BY AGENCY

AUCTIONEERS, BOARD OF
Certified Amended Rules:
150-X-1-.14 Board Policies and Procedures
Appendix I Fees

Certified New Rule:
150-X-1-.07 Conflict and Bias

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-2-.140 Special State Park Hunting Seasons
220-4-.15 Regulation of Certain Conduct on Lands under State Lands Division Jurisdiction

Certified Amended Rules:
220-2-.143 Alligator Hunting Season and Regulations
220-3-.02 Oystering
220-3-.03 Use of Nets and Harvest of Mullet
220-3-.04 Miscellaneous and Public Access Regulation
220-3-.12 Red Drum and Spotted Sea Trout Game Fish Regulation

Certified Repealed Rules:
220-3-.08 Redfish and Speckled Sea Trout Regulations
220-3-.11 Red Drum (Redfish) and Spotted Seatrout Regulations

Peremptory Amended Rules:
220-2-.125 Special 2015-2016 Hunting Seasons for Certain Forever Wild and State Lands Division Lands
220-2-.127 Special 2015-2016 Hunting Seasons for Blowing Springs Cave Tract (Forever Wild Lands), Lauderdale County

CRIME VICTIMS’ COMPENSATION COMMISSION
Proposed Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

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

DENTAL EXAMINERS, BOARD OF
Certified Amended Rules:
270-X-3-.04 Alabama Dental Hygiene Program Requirements
270-X-5-.09 Non-Disciplinary Administrative Penalties

ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF
Proposed Amended Rule:
305-2-4-.08 Commercial Energy Code

Proposed Repealed Rule: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

Proposed New Rules:
305-2-4-.09 Residential Building Code
305-2-4-.10 Residential Energy Code

EDUCATION, DEPARTMENT OF
Miscellaneous Notice:
Public Notice Change in Public Hearing Date for Amendment to Rule 290-3-1-.02, Regulations Governing Public Schools

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed 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-.02 Designated Emission Standards
335-3-11-.03 Appendices to 40 CFR 61
335-3-11-.06 National Emission Standards for Hazardous Air Pollutants for Source Categories
335-3-11-.07 Appendices to 40 CFR 63
335-3-11A-.01 General
335-3-11A-.02 Designated Emission Standards
Division 335-3 Appendix C – EPA Regulations Reference Documents for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rule:
420-2-2-.04 Statewide Trauma Advisory Council

HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS, BOARD OF
Proposed Amended Rule:
440-X-3-.15 Background Checks

Proposed New Rules:
440-X-3-.10 Fees and Charges
440-X-3-.16 Duct Air Tightness Testing Contractor

INTERPRETERS AND TRANSLITERATORS, LICENSURE BOARD FOR
Proposed Amended Rules:
488-X-1-.02 Fees
488-X-1-.04 Initial License
488-X-1-.05 Renewal of License
488-X-1-.06 Permit
488-X-1-.07 Permit Renewal
488-X-1-.08 Non-Renewable Permit
488-X-1-.09 Deaf Interpreter and Transliterator Exemption Request
488-X-1-.10 Deaf Interpreter and Transliterator Exemption Renewal
488-X-1-.11 Exemptions
488-X-1-.12 Complaint Procedures
488-X-1-.13 Reinstatement of License
488-X-1-.14 Reinstatement of Permit

LIQUEFIED PETROLEUM GAS BOARD
Proposed Amended Rule:
530-X-2-.04 Procedures for Liquefied Petroleum Gas Filling Stations

Proposed Repealed Rules:
530-X-2-.05 Procedures for Reporting Incidents
530-X-2-.17 Flame Effects Before a Proximate Audience

Proposed New Rule:
530-X-2-.05 Procedures for Reporting Incidents

MEDICAID AGENCY
Proposed Amended Rules:
560-X-1-.07 Provider Rights and Responsibilities
560-X-16-.27 Preferred Drug List

Certified Amended Rules:
560-X-47-.02 Eligibility
560-X-47-.04 Minimum Qualifications for Mental Health, Substance Abuse, and Child and Adolescent Services/Adult Protective Services Professional Staff
560-X-62-.19 Requirements for Full Certification of Regional Care Organizations

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-1-.04 Executive Director
540-X-7-.26 Limitations upon Utilization of Physician Assistants
Chapter 540-X-12 Appendix B, Application for Renewal of a Qualified Alabama Controlled Substances Registration Certificate
Chapter 540-X-18 Appendix B, Application for Renewal of a Qualified Alabama Controlled Substances Registration Certificate
540-X-19-.03 Pain Management Registration Required
Chapter 540-X-19 Appendix A, Initial Application
Chapter 540-X-19 Appendix B, Renewal Application

Emergency Amended Rules:
540-X-1-.04 Executive Director
Chapter 540-X-12 Appendix B, Application for Renewal of a Qualified Alabama Controlled Substances Registration Certificate
Chapter 540-X-18 Appendix B, Application for Renewal of a Qualified Alabama Controlled Substances Registration Certificate
540-X-19-.03 Pain Management Registration Required
Chapter 540-X-19 Appendix A, Initial Application
Chapter 540-X-19 Appendix B, Renewal Application

Certified Amended Rules:
540-X-1-.02 Officers of the Board
540-X-8-.01 Definitions
540-X-8-.04 Qualifications for Physicians in Collaborative Practice with Certified Registered Nurse Practitioners
540-X-8-.06 Authorization for Practice as a Certified Registered Nurse Practitioner
540-X-8-.07 Temporary Approval to Practice as a Certified Registered Nurse Practitioner
540-X-8-.08 Requirements for Collaborative Practice by Physicians and Certified Registered Nurse Practitioners
540-X-8-.11 Prescriptions and Medication Orders by Certified Registered Nurse Practitioners
540-X-8-.12 Limitations upon Utilization of Certified Registered Nurse Practitioners
540-X-8-.14 Denial, Suspension and Revocation of License
540-X-8-.18 Qualifications for Physicians in Collaborative Practice with Certified Nurse Midwives
540-X-8-.20 Authorization for Practice as a Certified Nurse Midwife
540-X-8-.21 Temporary Approval as a Certified Nurse Midwife
540-X-8-.22 Requirements for Collaborative Practice by Physicians and Certified Nurse Midwives
540-X-8-.25 Prescriptions and Medication Orders by a Certified Nurse Midwife
540-X-8-.26 Limitations upon Utilization of Certified Nurse Midwives
540-X-8-.28 Denial, Suspension and Revocation of License

NURSING, BOARD OF
Certified Amended Rule:
Chapter 610-X-5 Advanced Practice Nursing - Collaborative Practice

PEACE OFFICERS’ ANNUITY AND BENEFIT FUND
Certified New Rule:
645-X-1-.04 Application and Membership Contributions for the Alabama Peace Officers’ Annuity and Benefit Fund

PUBLIC SERVICE COMMISSION
Rule Filed for Inclusion in the Alabama Administrative Code by Public Service Commission:
Certified New Rule:
770-X-7-.11 Safety Compliance Proceedings

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
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
810-3-61-.07 Continuing Eligibility of Scholarship Granting Organization (SGO) to Participate in the Tax Credit Scholarship Program
810-5-12-.01 Application for New and Used Motor Vehicle Dealer, Motor Vehicle Wholesaler, and Motor Vehicle Rebuilder Licenses and Renewals – Application for Off-site Sales Event
810-6-1-.119 Photographs, Photostats, Blueprints, etc.

Proposed Repealed Rule:
810-3-61.-08 Percentage of Low-Income Eligible Students in a County

Proposed New Rules:
810-2-8.-16 Alabama Requirements for Mandatory E-File of Business Privilege Tax Returns
810-6-2.-90.02 Simplified Sellers Use Tax Remittance Program
810-6-2.-90.03 Requirements for Certain Out-of-State Sellers Making Significant Sales into Alabama

Certified Amended Rules:
810-3-74-.01 Withholding Returns and Payments
810-3-75-.01 Withholding Statement Furnished Employees
810-3-75-.03 Annual Returns of Withholding Tax Information
810-3-75-.04 Voluntary Withholding
810-3-75-.05 Third-Party Reporting Requirements
810-3-78-.01 Credit for Tax Withheld
810-5-8-.10 Mandatory Liability Insurance (MLI) Questionnaire and Notice of Suspension
810-6-3-.24 Sales to Foreign Governments, Diplomatic and Consular Officials
810-6-3-.76 Property Purchased for Export and Sales Tax Refunds on Certain Purchases of Tangible Personal Property in Alabama for Export to and Use in a Foreign Country

Certified Repealed Rules:
810-3-24.1-.01 Composite Returns of Subchapter K Entities
810-6-3-.24.01 Foreign Diplomatic and Consular Officials

Certified New Rule:
810-6-3-.78 Sales of Aircraft Manufactured, Sold and Delivered in Alabama

Withdrawal of Rule by Agency:
Certified Amended Rule:
810-6-5-.09 Leasing and Rental of Tangible Personal Property

SECRETARY OF STATE, OFFICE OF THE
Proposed Amended Rules:
Chapter 820-1-1 Organization of the Office of the Secretary of State and Construction of the Rules
Chapter 820-1-3 Procedures for the Application and Renewal of Concealed Weapon Permits

Emergency Amended Rules:
820-2-10-.04 Return of Absentee Ballots
820-2-10-.05 Counting of Absentee Ballots
820-2-10-.06 Minimum Criteria to Ensure Secure Remote Electronic Transmission of Blank Absentee Ballots and Electronic Return of Voted Absentee Ballots

Emergency New Rules:
820-2-10-.22 Delivery of Printed Ballots and Preparation of Electronic Ballot Transmission System for the City of Montgomery
820-2-10-.23 Eligibility to Receive and Return and Absentee Ballot by Electronic Transmission

SECURITY REGULATORY BOARD
Certified Amended Rule:
832-X-1-.01 Definitions 470

MISCELLANEOUS NOTICE

EMERGENCY RULES

CERTIFIED ADOPTED RULES

WITHDRAWAL OF RULE BY AGENCY

RULE FILED FOR INCLUSION IN THE ALABAMA ADMINISTRATIVE CODE BY PUBLIC SERVICE COMMISSION

PEREMPTORY RULES