ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXVII, ISSUE NO. 1

OCTOBER 31, 2018

DATE OF PUBLICATION

FILINGS BY AGENCY

CHIROPRACTIC, EXAMINERS, BOARD OF
Certified Amended Rules:
190-X-1-.08 Voting
190-X-1-.16 Declaratory Rulings
190-X-1-.17 Advisory Opinion
190-X-1-.19 Criteria for Approval of Continuing Education
190-X-2-.09 Recordation of License
190-X-2-.17 Non Licensed Chiropractic Practice Ownership
190-X-4-.07 Costs
190-X-5-.06 Solicitation

Certified New Rule:
190-X-3-.03 Requirements for Certification to Perform Dry Needling

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rules:
220-2-.25 Imported Game Birds, Game Animals, Wildlife and Raw Furs Subject to State Laws
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama

Certified New Rule:
220-2-.160 Definition of Immediate Family

Preemptory Amended Rule:
220-2-.107 Special 2018-2019 Hunting Season for Fort Rucker

COSMETOLOGY AND BARBERING, BOARD OF
Certified Amended Rule:
250-X-2-.01 Fees

COURT REPORTING, BOARD OF
Proposed Amended Rule:
257-X-3-.01 Temporary Licensure

Certified Amended Rules:
Chapter 257-X-1 Organization and Administration
Chapter 257-X-2 Board Policies and Procedures
Chapter 257-X-3 Licensure
Chapter 257-X-5 Disciplinary Action
Chapter 257-X-6 Continuing Education
Chapter 257-X-7 Appendix I - Fee Schedule
Chapter 257-X-8 Appendix II - Forms Associated with these Rules and Regulations

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
Proposed Amended Rule:
270-X-5-.09 Non-Disciplinary Administrative Penalties

Certified Amended Rule:
270-X-2-.20 Reporting of Adverse Occurrences

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-14-1-.01 General
335-14-1-.02 Definitions and References
335-14-1-.03 Rulemaking Petitions
335-14-2-.01 General
335-14-2-.05 Exclusions/Exemptions
335-14-2-.08 Financial Requirements for Management of Excluded Hazardous Secondary Materials
335-14-2-.13 Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials
335-14-3-.01 General
335-14-3-.02 Manifest Requirements Applicable to Small and Large Quantity Generators
335-14-3-.09 Transboundary Movements of Hazardous Waste for Recovery or Disposal
Chapter 335-14-3 Appendix I – Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700 22 and 8700 22A and Their Instructions)
335-14-4-.02 Compliance with the Manifest System and Recordkeeping
335-14-5-.05 Manifest System, Recordkeeping and Reportin
335-14-5-.29 Subpart CC – Air Emission Standards for Tanks, Surface Impoundments, and Containers
335-14-6-.05 Manifest System, Recordkeeping and Reporting
335-14-6-.29 Subpart CC – Air Emission Standards for Tanks, Surface Impoundments, and Containers
335-14-17-.05 Standards for Used Oil Transporter and Transfer Facilities
335-14-17-.06 Standard for Used Oil Processors and Re-Refiners

Certified Amended Rules:
335-1-1-.03 Organization and Duties of the Commission
335-1-1-.07 Departmental Forms, Instructions, and Procedures
335-3-5-.13 TR SO2 Allowance Allocations
335-3-8-.14 TR NOx Annual Allowance Allocations
335-3-8-.46 TR NOx Ozone Season Group 2 Allowance Allocations
335-6-15-.03 Applicability
335-6-15-.06 Performance Standards for New UST Systems and Dispensers
335-6-15-.09 Operation, Maintenance, and Testing or Inspection of Spill and Overfill Prevention Equipment and Containment Systems; and Walkthrough Inspections
335-6-15-.14 General Release Detection Requirements for All UST Systems
335-6-15-.18 Methods of Release Detection for Underground Piping
335-6-15-.48 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems
335-6-16-.09 Scope of Tank Trust Fund Coverage

FINANCE, DEPARTMENT OF
Division of Construction Management:
Proposed Amended Rule:
355-10-1-.01 Applicability

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Proposed Amended Rules:
360-X-2-.01 Certified Volunteer Fire Fighter
360-X-2-.02 Certified Fire Fighter
360-X-2-.03 Certified Fire Fighter II
360-X-3-.01 Certified Fire Instructor I
360-X-3-.02 Certified Fire Instructor II
360-X-3-.03 Certified Fire Instructor III
360-X-9-.01 Certified Hazardous Materials First Responder at the Awareness Level
360-X-9-.02 Certified Hazardous Materials First Responder at the Operational Level
360-X-9-.03 Certified Hazardous Materials Technician
360-X-9-.04 Certified Hazardous Materials Incident Commander
360-X-15-.01 Incipient Industrial Fire Brigade Member
360-X-19-.01 Certified Rescue Technician: Rope Rescue I
360-X-19-.10 Certified Rescue Technician: Rescue Boat Operator
360-X-19-.11 Certified Rescue Technician: Animal Rescue

FORESTRY COMMISSION
Proposed New Rules:
390-X-8-.07 Default Decertification
390-X-8-.08 Voluntary Decertification

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

Certified Repealed Rule:
Chapter 420-3-16 Production, Processing, Handling, or Distribution of Milk, Milk Products, and Frozen Desserts

Certified New Rule:
Chapter 420-3-16 Production, Processing, Handling, or Distribution of Milk, Milk Products, and Frozen Desserts

HEARING INSTRUMENT DEALERS, BOARD OF
Certified Amended Rules:
445-X-1-.05 Continuing Education
445-X-1-.06 Requirements for Businesses

HUMAN RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
660-3-2-.01 Services Provided
660-3-5-.03 Receipt of Payment Directly by TANF or Non-TANF Recipients
660-3-5-.04 Action on Erroneous Payments
660-3-5-.06 Mandatory Fee for Support Collected for Recipients that Have Never Received IV-A Assistance
660-3-14-.01 General
660-3-14-.02 Allowable and Unallowable Costs under Purchase of Service Contracts
660-3-15-.01 General
660-3-15-.02 Hearing Requests
660-5-41-.02 Definitions

Proposed Repealed Rule:
Chapter 660-3-4 Appendix A

Emergency Amended Rule:
660-3-5-.03 Receipt of Payment Directly by TANF or Non-TANF Recipients
660-3-5-.04 Action on Erroneous Payments
660-3-5-.06 Mandatory Fee for Support Collected for Recipients that Have Never Received IV-A Assistance

Certified Amended Rules:
Chapter 660-4-1 Scope and Authority
Chapter 660-4-2 Certification of Eligible Households
Chapter 660-4-3 Issuance
Chapter 660-4-4 Food Assistance Overpayment
Chapter 660-4-5 Emergency Food Assistance for Victims of Disasters

Certified New Rule:
Chapter 660-4-7 Simplified Reporting and Prospective Budgeting

LAND BANK AUTHORITY
Proposed New Rules:
490-X-1-.01 General Information and Definitions
490-X-2-.01 Procedures for Application for Conveyance of Tax-Delinquent Property
490-X-2-.02 Procedures for Conveyance of Tax-Delinquent Property
490-X-2-.03 Required Public Notice

MANUFACTURED HOUSING COMMISSION
Certified Amended Rules:
535-X-11-.07 Construction Plan Requirements
535-X-11-.13 Used Manufactured Buildings
535-X-11-.14 Installation of Manufactured Buildings (Modulars)
535-X-12-.07 Inspection of Installation
535-X-12T-.04 Manufactured Housing Units that Shall Not Be Transported
535-X-14-.03 Licensing
535-X-14-.04 Training
535-X-17-.04 Administrative Costs


MEDICAID AGENCY
Miscellaneous Notices:
Public Notice Amendment to the Alabama State Plan for Medical Assistance
Public Notice Amendment to the Alabama State Plan for Medical Assistance (Attachment 3.1-A Rehabilitative Services)

Certified Amended Rules:
560-X-16-.01 Pharmacy Services - General
560-X-16-.06 Reimbursement for Covered Drugs and Services
560-X-40-.01 Definitions
560-X-40-.02 Eligibility
560-X-40-.03 Description of Covered Services, Limitations, and Exclusions (General)

MEDICAL EXAMINERS, BOARD OF
Certified Amended Rules:
540-X-8-.06 Authorization for Practice as a Certified Registered Nurse Practitioner
540-X-8-.20 Authorization for Practice as a Certified Nurse Midwife

MENTAL HEALTH, DEPARTMENT OF
Certified Amended Rules:
580-2-9-.03 Mental Illness Program Staff
580-9-44-.02 Personnel

Certified Repealed Rules:
580-2-9-.04 Consumer Protection
580-2-9-.07 Performance Improvement
580-9-44-.03 Client Rights
580-9-44-.04 Abuse and Neglect
580-9-44-.05 Grievances, Complaints and Appeals
580-9-44-.06 Confidentially and Privacy
580-9-44-.07 Seclusion and Restraint
580-9-44-.08 Child and Adolescent Seclusion and Restraint
580-9-44-.11 Performance Improvement

Certified New Rule:
Chapter 580-2-20 Program Operation

NURSING, BOARD OF
Proposed Amended Rules:
610-X-6-.09 Assessment Standards
610-X-6-.12 Practice Beyond Basic Nursing Education: Standardized Procedures
610-X-6-.14 Intravenous (IV) Therapy by Licensed Practical Nurses

Certified Amended Rules:
610-X-4-.16 Special Circumstances
610-X-5-.04 Qualifications for Physicians in Collaborative Practice with Certified Registered Nurse Practitioners
610-X-5-.07 Authorization for Practice as a Certified Registered Nurse Practitioner
610-X-5-.15 Qualifications for Physicians in Collaborative Practice with Certified Nurse Midwives
610-X-5-.18 Authorization for Practice as a Certified Nurse Midwife
610-X-9-.13 Reinstatement of Lapsed Approval for Practice as a Clinical Nurse Specialist

Certified New Rules:
610-X-5-.13 Reinstatement of Lapsed Approval for Practice as a Certified Registered Nurse Practitioner
610-X-5-.24 Reinstatement of Lapsed Approval for Practice as a Certified Nurse Midwife
610-X-9-.07 Reinstatement of Lapsed Approval for Practice as a Certified Registered Nurse Anesthetist

PERSONNEL BOARD
Certified Amended Rules:
670-X-8-.02 Salary Rates Upon Initial Appointment to State Service
670-X-8-.04 Performance Salary Advancements
670-X-8-.05 Salary Rate Upon Return to Duty after Resignation

REAL ESTATE APPRAISERS BOARD
Certified Amended Rules:
780-X-3-.06 Qualifying Education Curricula Approved by the Board for Licensure as a Real Property Appraiser
780-X-4-.02 Application and License Fees
780-X-6-.03 Qualifying Experience - Licensed Real Property Appraiser
780-X-6-.04 Qualifying Experience - Certified Residential Real Property Appraiser
780-X-6-.05 Qualifying Experience – Certified General Real Property Appraiser
780-X-6-.06 Qualifying Experience Given for Review Appraisals
780-X-9-.01 Classification of Real Estate Appraisers

Certified Repealed Rules:
780-X-16-.02 Checklist
780-X-16-.04 Application for Reciprocal Appraiser License

Certified New Rules:
780-X-16-.02 Checklist
780-X-16-.04 Application for Reciprocal Appraiser License

RESPIRATORY THERAPY, BOARD OF
Certified Amended Rules:
Chapter 798-X-5 Licensure
Chapter 798-X-8 Continuing Education for Licensure
Appendices I Fee Schedule

REVENUE, DEPARTMENT OF
Certified Amended Rules:
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
810-6-3-.01 Exemptions for Agricultural Products Sold by the Producer
810-6-5-.27.02 Hospital Assessment for Medicaid

Certified Repealed Rule:
810-4-1-.02 Implementation Plan for Updating of Value-Directive Issued under the Authority of the Provisions of the Code of Ala. 1975, §§40-7-60 through 40-7-64, and by Order of the Commissioner of Revenue June 13, 1980

Certified New Rules:
810-4-1-.02 Implementation Plan for Annual Equalization
810-6-2-.90-.04 Requirements for Certain Marketplace Facilitators and Marketplace Sellers

SECRETRY OF STATE, OFFICE OF THE
Certified Amended Rule:
820-2-4-.05 Petition Requirements

MISCELLANEOUS NOTICE

MISCELLANEOUS FILING

CERTIFIED EMERGENCY RULES

CERTIFIED ADOPTED RULES

PREEMEPTORY RULE

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256