ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXVII, ISSUE NO. 12

SEPTEMBER 30, 2019

DATE OF PUBLICATION

FILINGS BY AGENCY

ATHELTIC TRAINERS, BOARD OF
Proposed Amended Rules:
140-X-3-.01 Requirements for Issuance
140-X-5-.02 Administrative Fee Schedule
Appendix A Forms

Proposed New Rule:
Chapter 140-X-7 Award of Education Grants

BANKING DEPARTMENT
Proposed Amended Rules:
155-2-1-.05 Fee Schedule
155-2-2-.01 Licensing – Alabama Consumer Credit Act
155-2-2-.03 Amendment of License – Alabama Consumer Credit Act
155-2-2-.11 Deferral and Extension Charges, Alabama Consumer Credit Act
155-2-2-.12 Insurance – Alabama Consumer Credit Act
155-2-3-.11 Minimum Loan Term – Small Loan Act
155-2-4-.08 Examination – Deferred Presentment Services Act

Proposed Repealed Rules:
155-2-1-.06 Application Forms
155-2-2-.14 Examination Fees – Alabama Consumer Credit Act
155-2-3-.10 Examination Fees

Proposed New Rule:
155-2-1-.07 Examination Fees

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rules:
220-2-.112 Dog Deer Hunting
220-4-.15 Regulation of Certain Conduct on Lands Under State Lands Division Jurisdiction

Peremptory Amended Rules:
220-2-.125 Special 2019-2020 Hunting Seasons for Certain Forever Wild and State Lands Division Lands
220-2-.127 Special 2019-2020 Hunting Seasons for Blowing Springs Cave Tract (Forever Wild Lands), Lauderdale County
220-2-.140 Special State Park Hunting Seasons
220-3-.30 Saltwater Fish Creel, Bag, Possession and Size Limits

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

DENTAL EXAMINERS, BOARD OF
Proposed Amended Rules:
270-X-2-.01 Education Requirements for Examination - Dentists
270-X-2-.19 Licensure by Credentials

EDUCATION, DEPARTMENT OF
Proposed Amended Rules:
290-2-1-.01 Annual Apportionment of the Foundation Program Funds
290-2-1-.05 Annual Apportionment of the At-Risk Funds

Certified New Rules:
290-3-2-.36 Higher Education Transitional Certificate (HETC Approach)
290-3-3-.09 Computer Science Education (Grades 6-12)

EDUCATION, COMMISSION ON HIGHER
Proposed Amended Rules:
300-4-12-.08 Purpose of Loan Repayment Program
300-4-12-.09 Definitions for Loan Repayment Program
300-4-12-.11 Eligible Applicants and Award Amounts for Loan Repayment Program
300-4-12-.12 Application Procedures for Loan Repayment Program

ENGINEERS AND LAND SURVEYORS, BOARD FOR PROFESSIONAL
Proposed Amended Rules:
330-X-3-.01 Form of Application for Certification and Licensure
Chapter 330-X-4 Appendix A - Fees

FINANCE, DEPARTMENT OF
Division of Construction Management
Proposed Amended Rule:
Chapter 355-16-1 Collection of User Fees


HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rules:
420-1-2-.07 Administrative Procedures for Rule-Making
420-3-22-.01 General Provisions
420-3-22-.03 Food
420-3-22-.10 Priority Category 2 Establishments

Miscellaneous Notice:
Public Notice 2020 State Plan of Program Operations for the Women, Infants and Children Program

Certified Amended Rules:
420-2-1-.02 Definitions
420-2-1-.04 Portable Physician Do No Attempt Resuscitation (DNAR) and Pediatric Palliative and End of Life (PPEL) Care Orders
420-5-6-.11 Professional Staffing of Health Maintenance Organizations
420-5-19-.03 Pediatric Palliative and End of Life (PPEL) Care Orders

HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS, BOARD OF
Proposed Amended Rules:
440-X-3-.03 Form of Licensing
440-X-3-.05 Failure to Renew
440-X-3-.07 Certification of Refrigeration Contractors by Grandfathering
440-X-3-.09 Person in Responsible Charge and Responsibilities of Responsible Person in Charge
440-X-3-.10 Fees and Charges
440-X-4-.01 Continuing Education and Education Committee
440-X-4-.03 Deficiency
440-X-4-.04 Annual Program, Approval of Courses
440-X-5-.01 Minimum Standards for Installation Service or Repair

Proposed New Rule:
440-X-3-.14 Apprentice Registration for Heating, Air Conditioning and Refrigeration Contractors

Emergency Amended Rules:
440-X-3-.05 Failure to Renew
440-X-3-.10 Fees and Charges

HUMAN RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
660-3-1-.01 General
660-3-7-.01 Use or Disclosure of Information
660-3-11-.01 General
660-3-11-.03 Processes Involved in Paternity Establishment

Certified Amended Rules:
660-3-18-.01 Definitions
660-3-18-.02 Medical Support Establishment

INSURANCE, DEPARTMENT OF
Proposed New Rules:
482-1-161-.06 Adoption of 2020 Version of Valuation Manual
Chapter 482-1-164 Pharmacy Benefit Managers
Chapter 482-1-165 Military Family Jobs Opportunity Applicants

LABOR, DEPARTMENT OF
Proposed Amended Rule:
480-8-3-.04 Fee Schedule

Proposed New Rule:
480-8-3-.05 Renewal of License

LAW ENFORCEMENT AGENCY
Certified Amended Rule:
760-X-3-.03 Required Sex Offender Registration Information

MEDICAID AGENCY
Proposed Amended Rule:
560-X-11-.14 EPSDT Referred Service Providers

Miscellaneous Notices:
Public Notice Amendment to the Alabama State Plan for Medical Assistance (Reimbursement Methodology)
Public Notice Amendment to the Alabama State Plan for Medical Assistance (Drug Utilization Review (DUR))

Emergency Amended Rule:
560-X-37-.09 Attribution Under the Alabama Coordinated Health Network Program

Certified Amended Rules:
560-X-47-.03 Service Providers
560-X-47-.04 Minimum Qualifications for Mental Health, Substance Abuse, and Child and Adolescent Services/Adult Protective Services Professional Staff

Certified New Rule:
560-X-37-.09 Attribution Under the Alabama Coordinated Health Network Program

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rule:
Chapter 540-X-4 Appendix C – Dispensing Physician’s Registration Form

NURSING, BOARD OF
Proposed Amended Rules:
610-X-4-.01 Definitions
610-X-4-.04 Application Process for Licensure by Examination
610-X-5-.07 Authorization for Practice as a Certified Registered Nurse Practitioner
610-X-5-.18 Authorization for Practice as a Certified Nurse Midwife
610-X-9-.10 Authorization for Practice as a Clinical Nurse Specialist
610-X-10-.01 Definitions
610-X-10-.02 Continuing Education General Standards

Proposed Repealed Rule:
Chapter 610-X-2 Definitions

Certified Amended Rules:
610-X-4-.16 Special Circumstances
610-X-8-.05 Board Action Following Investigation
610-X-12-.01 Definitions
610-X-12-.02 Participant Qualifications
610-X-12-.04 Application for Loan
610-X-13-.02 Criteria for Eligibility

PHARMACY, BOARD OF
Proposed Amended Rules:
680-X-2-.14 The Role of Technicians in Pharmacies in Alabama
680-X-3-.03 Time and Method of Payment; Renewal and Non-Disciplinary Penalty for Late Renewal of Controlled Substances Permit

Proposed New Rule:
680-X-2-.44 Collaborative Practice

Miscellaneous Notice:
Public Notice Statement by Agency Overruling Considerations Urged Against Adoption of a Rule

Certified Amended Rule:
680-X-2-.07 Mail Order Prescriptions

PLUMBERS AND GAS FITTERS EXAMINING BOARD
Proposed Amended Rule:
720-X-2-.02 Onsite Wastewater

PODIATRY, BOARD OF
Proposed New Rule:
730-X-3-.12 Risk and Abuse Mitigation Strategies by Prescribing Podiatrists

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rule:
780-X-4-.02 Application and License Fees

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-5-1-.234 Personalized License Plates
810-5-75-.14 Involuntary Transfer by Operation of Law
810-5-75-.15 Application for Replacement Alabama Certificate of Title
810-5-75-.17 Title Procedure – Repossessed Motor Vehicle
810-5-75-.29 Title Procedure – First Title for Vehicle Obtained from the United States Government
810-5-75-.36 Making Application for Title – Responsibilities of Designated Agents, Requirements
810-5-75-.39 Altered Documents
810-5-75-.52 Designated Agent Appointments
810-6-1-.03 Air Bag Materials
810-6-1-.12.01 Courtesy Deliveries of Automotive Vehicles by Alabama Dealers for Out-of-State Dealers

Proposed Repealed Rules:
810-5-75-.54 Application for Certificate of Title – Corrections on an Application for Certificate of Title by the Department. Reference: Sections 32-8-1 Through 32-8-87, Code of Alabama 1975, as Amended
810-7-1-.21 Electronic Filing and Payment of the Alabama Underground and Aboveground Storage Tank Trust Fund Charge
810-7-1-.23 Electronic Filing and Payment of State and State-Administered County Tobacco Taxes
810-7-1-.24 Electronic Filing of Hazardous Waste Fee, Solid Waste Fee, Pari-Mutuel Pool Tax and State Horse Wagering Fee Returns
810-7-1-.25 Electronic Filing of Monthly Wholesaler Reports, Schedule D Reports, Manufacturer Reports, Manufacturer Certifications, and any New Tobacco Returns\Reports
810-8-1-.12.01 Electronic Filing of Scrap Tire Environmental Fee Returns
810-8-5-.16 Electronic Filing of Severance Tax Returns and Supporting Supplemental Forms
810-8-6-.04 Electronic Filing and Payment of Oil and Gas Production and Privilege Taxes

Proposed New Rule:
810-5-75-.52.01 Title Service Provider

Certified Amended Rules:
810-6-2-.90.02 Simplified Sellers Use Tax Remittance Program
810-8-1-.11 Refund Policy Pertaining to the Exemption of Certain Organizations from State Gasoline and Diesel Fuel Excise Taxes 635
810-8-1-.14 Loss of Taxable Fuel Petition for Refund for Losses and Contamination of Motor Fuel
810-8-1-.17 Dyed Diesel Fuel for a Motor Vehicle used Exclusively “Off the Highway”
810-8-1-.20 Motor Fuel Sales to the United States
810-8-1-.21.01 Refund of Diesel Fuel Excise Tax for Off-Road Use
810-8-1-.23 Exempt Entity Petition for Refund for Tax-Paid Gasoline and Undyed Diesel Fuel
810-8-1-.25.02 Permit Issued to Pay Lubricating Oil Tax Directly to the Department
810-8-1-.26 Licensed Distributor Refund for Sales to Licensed Exempt Entities
810-8-1-.27 Licensed Exporter Refunds
810-8-1-.29 Deposits in Lieu of Surety Bonds
810-8-1-.31 Definition of a Sale
810-8-1-.47.01 Dyed Diesel Fuel Sold for Exclusive Off-Road Use
810-8-1-.56 Sales Records of a Licensed Distributor
810-8-1-.57 Net Gallons Basis
810-8-1-.58 Motor Fuel Floor-Stocks Tax Return
810-8-1-.59 Motor Fuel Back Up Tax Report
810-8-1-.60 Credit Card Issuer Petition for Refund for Gasoline and Undyed Diesel Fuel Purchases by Licensed Exempt Entities 635
810-8-1-.63 Supplier Twenty Day Notification
810-8-1-.64 Motor Fuel Discounts

Certified Repealed Rules:
810-8-1-.53 Electronic Filing of Lubricating Oils Tax Returns
810-8-1-.68 Electronic Filing of Inspection Fee Returns
810-8-1-.70 Electronic Filing of Compressed Natural Gas (CNG)/Liquefied Natural Gas (LNG) Alternative Fuel Monthly Tax Returns
810-8-1-.71 Electronic Filing of Compressed Natural Gas (CNG) Personal Producer Annual Application Fee Reports

SECRETARY OF STATE, OFFICE OF THE
Proposed New Rule:
Chapter 820-2-12 Permanent Disability Absentee Voting

Emergency New Rule:
Chapter 820-2-12 Permanent Disability Absentee Voting

MISCELLANEOUS NOTICES

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256