ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXVII, ISSUE NO. 9

JUNE 30, 2009

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

AGRICULTURE AND INDUSTRIES, DEPARTMENT OF
Proposed Amended Rule:
80-1-13-.03 Pesticide Containers

Proposed New Rule:
Chapter 80-10-9-.16 Responsibilities of Structural Pest Control Permittees for Subterranean Termite Control Work

Certified New Rule:
Chapter 80-10-19 Establish Quarantine Against the Citrus Greening Disease (CG) Also Known as Huanglongbing Disease and the Asian Citrus Psyllid (ACP)

CHIROPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rule:
190-X-6-.03 Public Hearings

Certified Amended Rules:
190-X-1-.01 Purpose
190-X-1-.02 Composition and Selection of Board
190-X-1-.06 Meetings
190-X-1-.09 Use of Forms
190-X-1-.10 Executive Director
190-X-1-.11 Records
190-X-1-.13 Directory of Licensees Published
190-X-1-.18 Fees
190-X-2-.04 Application Required
190-X-2-.06 Issuance of License
190-X-2-.07 No Temporary Permit Issued
190-X-2-.11 Renewal of License
190-X-2-.12 Reinstatement of License
190-X-2-.14 Retirement of License
190-X-4-.01 Complaints
190-X-4-.05 Disciplinary Hearings
190-X-4-.06 Discipline
CHIROPRACTIC EXAMINERS, BOARD OF (cont.)
Certified Amended Rules:
190-X-4-.08 Restoration of a Refused, Revoked, or Cancelled License
190-X-4-.09 Conflict and Bias
190-X-5-.02 Cooperation with the Board
190-X-5-.03 Notification of Change of Address
190-X-5-.05 Immoral or Unprofessional Conduct Prohibited
190-X-6-.01 Petition for Adoption of Rules
190-X-6-.02 Notice
190-X-6-.03 Public Hearings
190-X-7-.02 Extern and Intern

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed New Rule:
220-2-.153 Purchase of Game Fish Prohibited

EDUCATION, DEPARTMENT OF
Proposed Repealed Rule:
Chapter 290-3-3 Teacher Education

Proposed New Rule:
Chapter 290-3-3 Teacher Education

Miscellaneous Filing:
Extension of Public Comment Period:
Chapter 290-4-1 Education Accountability

Certified Amended Rule:
290-3-1-.02 Regulations Governing Public Schools

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Certified Amended Rules:
335-6-8-.02 Definitions
335-6-8-.04 Exempted Operations
335-6-8-.05 Prohibited Actions
335-6-8-.07 Permit Issuance Procedures
335-6-8-.08 Public Notice Requirements
335-6-8-.10 Class V Well Permit Application Requirements
335-6-8-.12 Class V Well Permit Requirements
335-6-8-.15 Confidentiality

HEATING AND AIR CONDITIONING CONTRACTORS, BOARD OF
Proposed Amended Rules:
440-X-1-.01 Definitions
440-X-2-.01 Organization and Administrative Procedures of the Board
Chapter 440-X-3 Licensing and Fees
HEATING AND AIR CONDITIONING CONTRACTORS, BOARD OF (cont.)
Proposed Amended Rules:
Chapter 440-X-4 Continuing Education Requirements for Certified Contractors
Chapter 440-X-5 Minimum Standards for Installation, Service and Repair of Heating and Air Conditioning Systems by Certified Contractors
440-X-6-.01 Violations of State Law and the Rules of the State of Alabama Board of Heating, Air Conditioning and Refrigeration Contractors
440-X-6-.12 Penalties

HUMAN RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
660-3-16-.01 Definitions
660-3-16-.04 Withholding Limits and Costs
660-3-16-.05 Administrative Implementation of an Income Withholding Order
660-3-16-.06 Administratively Adding an Amount Toward Arrears

Proposed New Rules:
660-1-6-.06 Client Access to Records
660-1-6-.08 Access Within the Department
660-1-6-.09 Public Access to Records

660-3-4-.01 Adoption by Reference of 45 Code of Federal Regulations, Chapter III
660-3-4-.02 Adoption by Reference of 45 Code of Federal Regulations, Chapter II

660-3-18-.01 Definitions
660-3-18-.02 Medical Support Establishment
660-3-18-.03 Medical Support Enforcement
660-3-18-.04 Procedure for Contesting Medical Support Enforcement

Emergency New Rules:
660-1-6-.06 Client Access to Records
660-1-6-.08 Access Within the Department
660-1-6-.09 Public Access to Records
660-3-4-.01 Adoption by Reference of 45 Code of Federal Regulations, Chapter III
660-3-4-.02 Adoption by Reference of 45 Code of Federal Regulations, Chapter II
660-3-18-.01 Definitions
660-3-18-.02 Medical Support Establishment
660-3-18-.03 Medical Support Enforcement
660-3-18-.04 Procedure for Contesting Medical Support Enforcement

INSURANCE, DEPARTMENT OF
Proposed Amended Rules:
482-1-138-.03 Annual Reporting Requirements
482-1-138-.04 Annual Audit

Certified Amended Rules:
Chapter 482-1-071 Medicare Supplement Insurance Minimum Standards Regulation
Chapter 482-1-078 Named Payee on Checks Written for Premiums and Receipts Therefor

Certified Repealed Rule:
Chapter 482-1-121 Procedures Governing Persons Subject to 18 U.S. Code §1033

Certified New Rule:
Chapter 482-1-146 Criminal History Disclosure and 18 U.S.C. §1033 Consent

LIBRARY SERVICE, PUBLIC
Proposed Repealed Rule:
Chapter 520-2-2 Supplemental State Aid to Public Libraries

Proposed New Rule:
Chapter 520-2-2 Supplemental State Aid to Public Libraries

MEDICAID AGENCY
Certified Amended Rules:
560-X-11-.10 Reimbursement
560-X-11-.14 EPSDT Referred Service Providers

NURSING, BOARD OF
Certified Amended Rules:
610-X-4-.07 Licensure by Endorsement
610-X-4-.08 Renewal of License
610-X-4-.10 Reinstatement of Lapsed License

OIL AND GAS BOARD
Certified Amended Rules:
400-7-1-.05 Commencement of Proceedings
400-7-1-.11 Notice
400-7-1-.17 Affidavits
400-7-2-.01 Forced Integration or Forced Pooling


REAL ESTATE COMMISSION
Proposed Amended Rules:
790-X-1-.06 Prelicense and Post License School Approval and Requirements
790-X-1-.10 Application, Fees and Renewal Requirements for Instructors, Courses, and Schools
790-X-1-.11 Course Content for Continuing Education
790-X-1-.12 Continuing Education Course Approval and Requirements
790-X-1-.15 School and Instructor Advertising Regulations
790-X-1-.16 Review of Approved Courses and Instructors
790-X-1-.17 Disciplinary Actions for Instructors and Schools
790-X-1-.21 Distance Education Courses
790-X-2-.02 Applications for Examination and Licensure

Proposed New Rule:
790-X-1-.18 Reciprocal License Requirements

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-.09 Qualifications for Continuing Education Instructors
790-X-1-.12 Continuing Education Course Approval and Requirements
790-X-1-.13 Exemptions from Continuing Education Requirements
790-X-1-.14 Student Attendance Participation Standards
790-X-1-.15 School and Instructor Advertising Regulations
790-X-1-.16 Audits of Approved Schools and Instructors
790-X-1-.17 Disciplinary Actions for Instructors and Schools
790-X-1-.19 Classroom Facilities
790-X-1-.21 Distance Education Courses
790-X-2-.02 Applications for Examination and Licensure
790-X-2-.03 Issuance of Temporary and Original Salesperson Licenses

REVENUE, DEPARTMENT OF
Proposed Repealed Rules:
810-5-1-.212 Uses and Transferability of U.S.S. Alabama Battleship Commission Distinctive Tags
810-5-1-.216 Uses and Transferability of Special Tags Issued to Members of the Alabama Association of Rescue Squads, Inc.
810-5-1-.217 Uses and Transferability of Special Distinctive Tags Issued to Members of Shrine Motorcycle Clubs, Corps, or Units

Certified New Rule:
810-3-15-.27 Deductions for Contributions to Alabama College Education Plans

SAFE STATE ENVIRONMENTAL PROGRAMS
Proposed Amended Rule:
Chapter 822-X-1 Registration and Accreditation of Lead Training Programs and Individuals Engaged in Lead Hazard Reduction Activities

SECRETARY OF STATE
Certified Amended Rules:
820-1-1-.02 Construction of Rules
820-6-1-.02 Civil-Law Notaries Appointment, Revocation, Voluntary Resignation
820-6-1-.03 Civil-Law Notaries Discipline; Suspension and Revocation
Division 820-6 Appendix - Civil-Law Notaries

Certified Repealed Rules:
Chapter 820-5-1 Home Inspector Applications
Chapter 820-5-2 Home Inspector Registration

SECURITIES COMMISSION
Emergency Amended Rules:
830-X-6-.11 Limited Offering Exemption
830-X-6-.12 Further Limited Offering Exemption

SENIOR SERVICES, DEPARTMENT OF
Certified Repealed Rules:
Chapter 70-X-1 Introduction
Chapter 70-X-2 Summary of Older Americans Act
Chapter 70-X-3 State Agency on Aging
Chapter 70-X-4 Area Agencies on Aging
Chapter 70-X-5 Service Providers
Chapter 70-X-6 Uniform Service Requirements
Chapter 70-X-7 Uniform Administrative and Fiscal Requirements
Chapter 70-X-8 Cost Principles Applicable to Grants and Contracts
Chapter 70-X-9 Procurement and Property Management Standards
Chapter 70-X-10 Reporting Requirements
Chapter 70-X-11 Grant/Contract Closeout, Suspension and Termination
Chapter 70-X-12 Audit and Record Requirements
Chapter 70-X-13 Hearing Procedures for Aggrieved Parties
Appendix A Alabama Commission on Aging Administrative Code
Appendix B Organizational Chart
Appendix C Alabama Aging Network
Appendix D-1 Total Unduplicated Counts of Participants by Title III Program Parts
Appendix D-2 Office of the State Ombudsman Forms and Report Section
Appendix D-3 Title III Legal Assistance Program
SENIOR SERVICES, DEPARTMENT OF (cont.)
Certified Repealed Rules:
Appendix D-4 Quarterly Statement of Expenditures for the Waiver for the Elderly and Disabled
Appendix D-5 Quarterly Financial Report

Certified New Rules:
Chapter 70-X-1 Organization and Administration
Chapter 70-X-2 Area Agencies on Aging
Chapter 70-X-3 Notice
Chapter 70-X-4 Administrative Review
Chapter 70-X-5 Formal Hearings

MISCELLANEOUS FILING

EMERGENCY ADOPTED RULES

CERTIFIED ADOPTED RULES