ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXVIII, ISSUE NO. 1

OCTOBER 30, 2009

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

ALCOHOLIC BEVERAGE CONTROL BOARD
Proposed Amended Rule:
20-X-5-.14 Requirements of Financial Responsibility by Licensees

ASSISTED LIVING ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rule:
135-X-7-.01 Licenses

Certified Amended Rule:
135-X-5-.07 Deadline to Pay License Fee

CHIROPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rule:
190-X-5-.09 Chiropractic Records Required; Release of Records

Certified Amended Rule:
190-X-6-.03 Public Hearings

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rule:
220-5-.08 Prohibited Devices

Peremptory Amended Rules:
220-2-.125 Special 2009-2010 Hunting Seasons for Certain Forever Wild and State Lands Division Lands
220-2-.127 Special 2009-2010 Hunting Seasons for Blowing Springs Cave Tract (Forever Wild Lands), Lauderdale County
220-2-.140 Special State Park Hunting Seasons

Peremptory Repealed Rule:
220-2-.107 Special 2008-2009 Hunting Seasons for Redstone Arsenal and Fort Rucker


CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF (cont.)
Peremptory New Rule:
220-2-.107 Special 2009-2010 Hunting Seasons for Redstone Arsenal and Fort Rucker

COURT REPORTERS, BOARD OF
Certified Amended Rules:
257-X-2-.04 Fees
Chapter 257-X-3 Licensure
257-X-6-.01 Continuing Education Requirements
257-X-6-.02 How to Acquire CE Credits

CRIME VICTIMS COMPENSATION COMMISSION
Proposed Amended Rules:
262-X-4-.02 Eligibility Criteria Generally
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

Emergency Amended Rules:
262-X-4-.02 Eligibility Criteria Generally
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

DENTAL EXAMINERS, BOARD OF
Proposed Amended Rules:
270-X-1-.08 Meetings of the Board
270-X-2-.19 Licensure by Credentials

Certified Amended Rule:
270-X-1-.08 Meetings of the Board

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-1-1-.07 Departmental Forms, Instructions and Procedures
335-1-6-.04 Permit Application Fees – Fee Schedule G
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
335-3-11-.07 Appendices to 40 CFR 63
Division 335-3 Appendix C – Environmental Protection Agency Regulations Reference Documents
335-13-7-.01 Notification of Medical Waste Generation
335-14-1-.02 Definitions and References
335-14-2-.01 General
ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Proposed Amended Rules:
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
335-14-17-.05 Standards for Used Oil Transporter and Transfer Facilities

Proposed New Rule:
335-14-3-.12 Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities

Certified Amended Rules:
335-6-15-.02 Definitions
335-6-15-.04 Interim Prohibition for Deferred UST Systems
335-6-15-.10 Operation and Maintenance of Corrosion Protection
335-6-15-.13 Reporting and Recordkeeping
335-6-15-.45 Delivery Prohibition
335-6-15-.47 Severability
335-6-16-.07 Trust Fund Fee and Charge
335-6-16-.09 Scope of Tank Trust Fund Coverage

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Certified New Rules:
335-6-15-.46 Operator Training
Chapter 335-13-12 Landfill Operator Certification Requirements
Chapter 335-13-13 Statewide Solid Waste Reduction Goal

HEALTH, DEPARTMENT OF PUBLIC
Miscellaneous Filing:
Chapter 420-7-2 Appendix – Controlled Substances List

Certified Amended Rules:
420-3-22-.01 General Provisions
420-3-22-.03 Food
420-3-22-.08 Compliance and Enforcement

HEALTH PLANNING AND DEVELOPMENT AGENCY
Emergency Amended Rule:
410-1-7-.21 Filing Fee for Veterans Home Application Submitted by State Department of Veterans Affairs

HUMAN RESOURCES, DEPARTMENT OF
Proposed New Rules:
660-3-19-.01 Definitions
660-3-19-.02 Requirements for Review and Adjustment
660-3-19-.03 Procedure to Contest the Adjustment

Emergency New Rules:
660-3-19-.01 Definitions
660-3-19-.02 Requirements for Review and Adjustment
660-3-19-.03 Procedure to Contest the Adjustment

Certified Amended Rules:
660-1-1-.07 Issuance of Subpoenas
Chapter 660-2-2 Appendix A - Family Assistance (FA) Program Summarized Eligibility Requirements
660-2-2-.27 Need Requirement - General
660-2-2-.30 Income
660-2-2-.37 Development of Sources of Income
Chapter 660-2-20 JOBS Program

Repealed Amended Rule:
660-2-2-.28 Resources

INSURANCE, DEPARTMENT OF
Proposed Amended Rule:
482-1-071-.19 Filing Requirements for Advertising
INSURANCE, DEPARTMENT OF (cont.)
Proposed Amended Rules:
482-1-071-.20 Standards for Marketing
482-1-146-.07 Review Process

Proposed New Rule:
Chapter 482-1-149 Property and Casualty Actuarial Opinion on Loss Reserves

LIBRARY SERVICE, PUBLIC
Proposed 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

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

MARRIAGE AND FAMILY THERAPY, BOARD OF EXAMINERS IN
Proposed Amended Rules:
536-X-1-.01 Definition of Terms
536-X-3-.01 Board Approved Marriage and Family Therapy Designation
536-X-4-.03 Requirements for Designation: LMFT Supervision
536-X-4-.04 Requirements for Designation: LMFT Approved Supervisor
536-X-4-.05 Requirements for Designation: LMFT Supervisor of Supervision

Proposed Repealed Rules:
536-X-8-.01 Responsibility to Clients
536-X-8-.02 Confidentiality
536-X-8-.03 Professional Competence and Integrity
536-X-8-.04 Responsibility to Students and Supervisees
536-X-8-.05 Responsibility to Research Participants
536-X-8-.06 Responsibility to the Profession
536-X-8-.07 Financial Arrangement
536-X-8-.08 Advertising

Proposed New Rules:
536-X-8-.01 Responsibility to Clients
536-X-8-.02 Confidentiality
536-X-8-.03 Professional Competence and Integrity
536-X-8-.04 Responsibility to Students and Supervisees
536-X-8-.05 Responsibility to Research Participants
MARRIAGE AND FAMILY THERAPY, BOARD OF EXAMINERS IN (cont.)
Proposed New Rules:
536-X-8-.06 Responsibility to the Profession
536-X-8-.07 Financial Arrangement
536-X-8-.08 Advertising

MEDICAID AGENCY
Proposed Amended Rules:
560-X-13-.02 Participating Agencies and Suppliers
560-X-16-.01 Pharmacy Services – General
560-X-37-.06 Family Planning Waiver

Miscellaneous Notice:
PN-09-07 Amendment to Alabama State Plan for Medical Assistance

MEDICAL EQUIPMENT SERVICES PROVIDERS, BOARD OF HOME
Certified Amended Rules:
473-X-1-.01 Definitions
473-X-4-.01 Inspection Standards

MEDICAL EXAMINERS, BOARD OF
Certified Amended Rules:
540-X-3-.04 Examination Requirements
Chapter 540-X-3 Appendix A – Application for Certificate to Practice Medicine through Endorsement
Chapter 540-X-3 Appendix B – Application for Certificate to Practice Medicine through Examination

NURSING, BOARD OF
Proposed Amended Rule:
610-X-9-.07 Qualifications for Approval to Practice as a Clinical Nurse Specialist

Proposed New Rule:
610-X-9-.12 Reinstatement of Lapsed Approval to Practice as a Clinical Nurse Specialist

NURSING HOME ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rules:
620-X-13-.01 Fees
620-X-14-.01 Effective Date
Appendix A Form 22 - Fee Schedule

PHARMACY, BOARD OF
Proposed Amended Rule:
680-X-2-.14 The Role of Technicians in Pharmacies in Alabama

PHARMACY, BOARD OF (cont.)
Certified New Rule:
680-X-2-.39 Non Hospital Pharmacy Off Site Order Entry

PHYSICAL THERAPY, BOARD OF
Proposed Amended Rule:
700-X-2-.09 Renewal of License

RESPIRATORY THERAPY, BOARD OF
Proposed Amended Rule:
798-X-7-.03 Grounds for Discipline of Licensure or Denial of Renewal or Reinstatement

Certified Amended Rule:
798-X-3-.13 Board of Respiratory Therapy Fund

REVENUE, DEPARTMENT OF
Proposed New Rules:
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

Certified Amended Rules:
810-1-6-.02 Scope of the Rules
810-1-6-.03 Definitions
810-1-6-.04 Electronic Filing and Payment of Taxes to be Provided Through the Paperless Filing and Payment System
810-1-6-.05 Tax Types Covered and Requirements for Tax Returns
810-1-6-.06 Electronic Payment Requirements and Determining Timely Payment
810-1-6-.07 Determining Timely Filing of Electronic Returns
810-3-19.1-.01 Severance Pay Exemption
810-3-71-.02 Computing Tax Withheld
810-6-5-.31 City and County Sales, Use, Rental, and Lodgings Tax Return

Certified Repealed Rules:
810-1-6-.08 Acceptance of Electronic Return Originators into Program and Revocation of Acceptance into the Program
810-1-6-.09 Requirements for Filing Declaration
810-1-6-.10 Requirements for Submitting Tax Returns
810-1-6-.11 Requirements for Testing Prior to Department Approval

REVENUE, DEPARTMENT OF (cont.)
Certified 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

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

MISCELLANEOUS NOTICE

MISCELLANEOUS FILING

EMERGENCY ADOPTED RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES