ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXVII, ISSUE NO. 12

SEPTEMBER 30, 2009

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

ACCOUNTANCY, BOARD OF PUBLIC
Proposed Amended Rules:
30-X-3-.04 Temporary Annual Permits
30-X-3-.07 Annual Permits, Temporary Annual Permit Fees, Annual Registration Fees and Late Penalties
30-X-7-.03 Informal Settlement

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rules:
220-2-.22 Wildlife Management Areas and Sanctuaries Established
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama
220-2-.109 Physically Disabled Hunting Areas
220-2-.110 Establishment of Physically Disabled Hunting Areas
220-2-.126 Public Shooting Range Regulation
220-2-.131 Establishment of Youth Turkey Hunting Area
220-2-.146 Antlered Buck and Turkey Harvest Record
220-2-.151 Archery Range Regulation

Certified Repealed Rules:
220-2-.28 Metal Tag Required for Commercial Pen-Raised Quail
220-2-.41 Trolling in Certain Areas Prohibited During Duck Hunting Season
220-2-.143 Alligator Hunting Season and Regulations

Certified New Rule:
220-2-.143 Alligator Hunting Season and Regulations

Peremptory Amended Rules:
220-2-.29 Open Trapping Seasons on Fur-Bearers
220-2-.35 Daily Creel Limits, Possession Limits and Size Limits

Peremptory Repealed Rules:
220-2-.01 2006-2007 Hunting Seasons
220-2-.01 2007-2008 Hunting Seasons
CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF (cont.)
Peremptory Repealed Rules:
220-2-.56 2006-2007 Wildlife Management Area Hunting Seasons
220-2-.56 2007-2008 Wildlife Management Area Hunting Seasons
220-2-.77 2008-2009 Duck, Coot, Merganser, Goose, and Teal Hunting Seasons

Peremptory New Rule:
220-2-.77 2009-2010 Duck, Coot, Merganser, Goose, and Teal Hunting Seasons

COUNSELING, BOARD OF EXAMINERS IN
Certified Amended Rules:
255-X-1-.04 Vacancies
255-X-1-.08 Finances
255-X-2-.01 Practice of Counseling
255-X-5-.02 Written Examination
255-X-6-.01 Licensure
255-X-6-.02 Inactive License
255-X-6-.03 Reactivation of License
255-X-7-.01 Expiration
255-X-7-.03 Continuing Education
255-X-7-.05 Renewal Application Deadline
255-X-7-.06 Failure to Pay Renewal Fee
255-X-7-.07 Expired License
255-X-11-.01 Ethical Standards

Certified New Rules:
255-X-8-.09 Compliant and Investigation Files
255-X-8-.10 Public Records

CRIME VICTIMS COMPENSATION COMMISSION
Proposed Amended Rules:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment
262-X-12-.01 Domestic Violence Emergency Award

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

EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-2-1-.01 Annual Apportionment of the Foundation Program Funds
290-2-1-.04 Annual Apportionment of Public School Funds

Certified Repealed Rule:
Chapter 290-6-1 Career/Technical Education

EDUCATION, DEPARTMENT OF (cont.)
Certified New Rule:
Chapter 290-6-1 Career/Technical Education

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-1-1-.07 Departmental Forms, Instructions, and Procedures
335-1-6-.07 Payment of Fees – Fee Schedule G

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

Proposed New Rules:
390-X-8-.01 Inspection of Forestry Records
390-X-9-.01 Timber Trespass
390-X-10-.01 Failure to Remit Payment to Owner After Purchase of Forest Products
390-X-11-.01 Maintenance of Timber Harvesting Records
390-X-12-.01 Providing False Information to the Alabama Forestry Commission

HEALTH, DEPARTMENT OF PUBLIC
Proposed Repealed Rule:
Chapter 420-4-4 Rabies Control Program

Proposed New Rule:
Chapter 420-4-4 Rabies Control Program

Miscellaneous Filing:
Chapter 420-7-2 Appendix – Controlled Substances List

Certified Amended Rules:
420-2-2-.02 Trauma Center Standards: Verification
420-2-2-.07 Patient Entry Criteria for Hospitals
420-3-11-.18 Permits
420-3-15-.08 Compliance and Enforcement
420-3-21-.04 Enforcement Provisions
420-3-23-.16 Compliance and Enforcement
Chapter 420-6-1 Immunization of School Children


HEALTH PLANNING AND DEVELOPMENT AGENCY
Emergency Amended Rule:
410-2-3-.10 In-Home Hospice Services

Emergency New Rule:
410-1-5C-.01 In-Home Hospice Service Providers

HEATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS,
BOARD OF

Proposed Amended Rule:
440-X-3-.10 Fees and Charges

Emergency Amended Rule:
440-X-3-.10 Fees and Charges

HUMAN RESOURCES, DEPARTMENT OF
Proposed Amended Rule:
660-5-2-.10 Income Scales and Fee Schedules – Appendix A

Emergency Amended Rule:
660-5-2-.10 Income Scales and Fee Schedules – Appendix A

LABOR, DEPARTMENT OF
Certified Amended Rule:
490-2-3-.04 Fee Schedule

Certified New Rule:
490-2-2-.05 Application Form for Variance from Adopted Elevator Code

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

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

MANUFACTURED HOUSING COMMISSION
Proposed Amended Rules:
535-X-13-.03 Data Plate and Label Requirements
535-X-19-.03 Manufactured Home Program
535-X-19-.05 Modular/Manufactured Building Program

MEDICAID AGENCY
Proposed Amended Rule:
560-X-10-.16 Preadmission Screening and Resident Review

MEDICAID AGENCY (cont.)
Miscellaneous Notices:
PN-09-04 Amendment to Alabama State Plan for Medical Assistance
PN-09-05 Amendment to Alabama State Plan for Medical Assistance
PN-09-06 Amendment to Alabama State Plan for Medical Assistance

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-7-.29 Continuing Medical Education – Physician Assistant
540-X-7-.62 Continuing Medical Education – Anesthesiologist Assistant
Chapter 540-X-7 Appendix I – Physician Assistant/Anesthesiologist Assistant Renewal Application
540-X-14-.02 Basic Requirement
540-X-14-.08 Certification of Compliance
540-X-14-.12 Grace Period and Notice
540-X-14-.13 Reinstatement after Revocation of License Under Section 34-24-337

Certified Amended Rule:
540-X-3-.02 Medical Education Requirement

NURSING, BOARD OF
Proposed Amended Rule:
610-X-4-.14 Fees

Proposed Repealed Rules:
610-X-2-.06 Definitions, Standards of Nursing Practice
Chapter 610-X-6 Standards of Nursing Practice

Proposed New Rules:
610-X-2-.06 Definitions, Standards of Nursing Practice
610-X-2-.07 Definitions, Standards of Nursing Practice – Specific Settings
Chapter 610-X-6 Standards of Nursing Practice
Chapter 610-X-7 Standards of Nursing Practice – Specific Settings

OIL AND GAS BOARD
Certified Amended Rules:
400-1-4-.17 Request to Classify Wells as Temporarily Abandoned or Shut-In
400-2-4-.14 Request to Classify Wells as Temporarily Abandoned or Shut-In
400-3-4-.17 Request to Classify Wells as Temporarily Abandoned or Shut-In

ONSITE WASTEWATER BOARD
Proposed Amended Rules:
628-X-3-.03 Obtaining a New License
628-X-4-.02 Amount of Fees

PHARMACY, BOARD OF
Certified Amended Rules:
680-X-2-.14 The Role of Technicians in Pharmacies in Alabama
680-X-2-.18 Institutional Pharmacies

PHYSICAL THERAPY, BOARD OF
Proposed Amended Rules:
700-X-2-.01 Appropriate Education Required for Non-United States Educated Applicants
700-X-3-.02 Unbecoming Conduct/Conduct Detrimental to the Best Interest of the Public Prohibited

REAL ESTATE COMMISSION
Certified 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 Audits of Schools and Instructors
790-X-1-.17 Disciplinary Actions for Instructors and Schools
790-X-1-.21 Distance Education Courses
790-X-2-.02 Application for Examination and Licensure

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

REVENUE, DEPARTMENT OF
Proposed 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
810-5-26-.02 Powers of the Department – Revocation and Denial of Authority to Act as Designated Agent of the Department
810-5-75-.40 Application for Certificate of Title – Requirements for Names and Signatures on Application. Reference: Sections 32-8-1 through 32-8-88, Code of Alabama 1975, as amended

REVENUE, DEPARTMENT OF (cont.)
Proposed Repealed Rules:
810-5-3-.01 Exclusion – Mobile Home and Travel Trailer, and Mobile Trailer
810-5-5-.02 Application for Certificate of Title – Requirements for Name and Address. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as amended
810-5-5-.04 Application for Certificate of Title – Legal Name of Owner. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as amended
810-5-41-.01 Salvage – Plate Removed, Number Inscribed on Salvage; Number Furnished on Application for Alabama Vehicle Identification Number, and Number Required on All Bills of Sale or Invoices Upon Sale of Salvage. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as amended
810-5-41-.06 Salvage – Salvage of Junk Vehicles Brought into Alabama. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as amended
810-5-75-.26 Title Procedure – Owner Application for an Alabama Certificate of Title on a Used (1975 and Later Models) Vehicle, Currently Titled in Another State. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as amended
810-5-76-.01 Odometer Disclosure Requirements

Proposed 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
810-5-1-.247 Guidelines for Vehicle Identification Number (VIN) Inspections

STONEWALL JACKSON MEMORIAL FUND
Proposed New Rule:
Chapter 894-X-1 Administrative Rules

MISCELLANEOUS NOTICES

MISCELLANEOUS FILING

EMERGENCY ADOPTED RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES