ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXVIII, ISSUE NO. 12

SEPTEMBER 30, 2020

DATE OF PUBLICATION

FILINGS BY AGENCY

ACCOUNTANCY, BOARD OF PUBLIC
Proposed Amended Rule:
30-X-4-.07 Application and Examination Fees

Certified Amended Rules:
30-X-2-.01 Meetings Quorum
30-X-4-.01 Examinations
30-X-5-.05 Controls and Reporting

ARCHTECTS, BOARD FOR REGISTRATION OF
Proposed Amended Rule:
100-X-2-.09 Emeritus Status Architects

CHIRPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rules:
190-X-2-.11 Renewal of License
190-X-7-.02 Extern

Emergency Amended Rule:
190-X-2-.11-.02 Authority Waiving Live Classroom Event

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-2-.126 Public Shooting Range Regulation
220-2-.151 Archery Range Regulation

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


CRIME VICTIM S’ COMPENSATION COMMISSION
Certified Amended Rules:
262-X-1-.01 General Information and Definitions
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment
262-X-4-.05 Emergency Awards
262-X-4-.07 Mental Health Benefits

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-2-1-.12 Subpoenas
335-6-7-.11 Registration for Alternate Non-NPDES State Permit Coverage
335-6-16-.02 Definitions
335-6-16-.06 Loss and Restoration of Tank Trust Fund Eligibility
335-6-16-.07 Trust Fund Fee and Charge
335-6-16-.08 Authorized ADEM Disbursements of Tank Trust Funds
335-6-16-.09 Scope of Tank Trust Fund Coverage
335-6-16-.10 Requirements for Tank Trust Fund Coverage of Response Action Costs for UST and AST Systems
335-6-16-.11 Requirements for Tank Trust Fund Coverage of Third-Party Claims
335-6-16-.13 Tank Trust Fund Ineligible Costs
335-6-16-.14 Application for Payment
335-6-16-.15 Tank Trust Fund Payment Procedures
335-6-16-.16 Approval of Response Action Contractors
335-6-16-.17 Insufficient Funds
335-6-16-.19 Adjustment of Limit of Owner or Operator’s Financial Responsibility
335-6-16-.21 Severability
335-13-5-.02 Permit Applications
335-13-15-.02 Definitions
335-13-15-.03 Location Restrictions
335-13-15-.04 Design Criteria
335-13-15-.05 Operating Criteria
335-13-15-.06 Groundwater Monitoring and Corrective Action
335-13-15-.07 Closure and Post-Closure Care
335-13-15-.08 Recordkeeping, Notification, and Posting of Information to the Internet
335-13-15-.09 Permit Application
Chapter 335-13-15 Appendix IV – CCR Constituents for Assessment Monitoring

Proposed New Rule:
335-6-16-.20 Use of Alternate Financial Assurance Mechanisms


FINANCE, DEPARTMENT OF
Proposed New Rule:
Chapter 355-20-1 Electronic Signatures and Records

FORENSIC SCIENCES, DEPARTMENT OF
Certified Amended Rule:
370-1-1-.01 Admissibility Rule for the Evidential Breath Alcohol Test Method

HEALTH, DEPARTMENT OF PUBLIC
Proposed Repealed Rule:
Chapter 420-3-6 Septage Management

Proposed New Rule:
Chapter 420-3-6 Septage Management

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

Certified Amended Rule:
Chapter 420-7-2 Appendix A – Controlled Substances List

HEALTH PLANNING AND DEVEOPMENT AGENCY
Certified New Rules:
410-1-10-.05 State of Emergency Provisions
410-2-5-.09 State of Emergency Provisions

HUMAN RESOURCES, DEPARTMENT OF
Certified Amended Rule:
Chapter 660-5-30 Termination of Parental Rights

LABOR, DEPARTMENT OF
Certified Amended Rule:
480-4-2-.19 Employer Responsibilities

MARRIAGE AND FAMILY THERAPY, BOARD OF EXAMINERS IN
Proposed Amended Rule:
536-X-8-.09 Technology-Assisted Training/Education Requirement of Profession

MEDICAID AGENCY
Proposed Amended Rules:
560-X-14-.01 Family Planning – General
560-X-37-.02 Primary Care Case Management (PCCM)
560-X-37-.08 Sanctions under the Alabama Coordinated Health Network Program

Miscellaneous Notices:
Public Notice Amendment to the Alabama State Plan for Medical Assistance – Current Asset Values for Nursing Homes
Public Notice Amendment to the Alabama State Plan for Medical Assistance – Reimbursement Basis for Inpatient and Outpatient Hospital Services
Public Notice Amendment to the Alabama State Plan for Medical Assistance – 1915j Personal Choices Program

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rule:
540-X-1-.16 Fees Associated with Collaborative Practices

Proposed Repealed Rule:
Chapter 540-X-1 Appendix A – Collaborative Practice Commencement Form

Proposed New Rule:
Chapter 540-X-26 Collaborative Pharmacy Practice

Certified Amended Rule:
540-X-18-.16 Risk and Abuse Mitigation Strategies

MENTAL HEALTH, DEPARTMENT OF
Proposed Amended Rules:
580-5-30-.01 Purpose
580-5-30-.02 Method of Delivery
580-5-30-.03 Assurances
580-5-30-.04 Record Management
580-5-30-.05 Abuse/Neglect/Mistreatment/Exploitation
580-5-30-.06 Service System
580-5-30-.08 Community Placement Service Provision
580-5-30-.10 Contracted Intellectual Disabilities Services
580-5-30-.11 Review of Contracted Services
580-5-30-.12 Research (Rule .11 was renumbered .12)
580-5-30-.13 Program Enrollment/DMH Medical Waiver Program (Rule .12 was renumbered .13)
580-5-30-.14 Eligibility and Level of Care Determinations for Medicaid Waiver Programs (Rule .13 was renumbered .14)
580-5-30-.15 Freedom of Choice; DMH Medical Waiver Programs (Rule .14 was renumbered .15)

Proposed Repealed Rules:
580-5-30-.09 Intellectual Disability Community Program
Chapter 580-5-33 Administrative and Support Requirements for Community Providers of Intellectual Disabilities Services

MIDWIFERY, BOARD OF
Certified Amended Rules:
Chapter 582-X-2 Licensing
Chapter 582-X-3 Practice of Licensed Midwifery

NURSING, BOARD OF
Proposed Amended Rules:
610-X-1-.02 Composition of the Board
Chapter 610-X-3 Nursing Education Programs
610-X-4-.08 Renewal of License
610-X-4-.14 Fees
610-X-5-.08 Temporary Approval to Practice as a Certified Registered Nurse Practitioner
610-X-5-.19 Temporary Approval as a Certified Nurse Midwife
610-X-6-.16 Telehealth Nursing
610-X-9-.05 Provisional Approval to Practice as a Graduate Registered Nurse Anesthetist
610-X-12-.01 Definitions
610-X-12-.02 Participant Qualifications
610-X-12-.07 Area of Critical Need

Emergency Amended Rules:
610-X-4-.08 ER Renewal of License
610-X-7-.12 ER Nursing Student/Graduate Aides
610-X-12-.01 ER Definitions
610-X-12-.02 ER Participant Qualifications
610-X-12-.07 ER Area of Critical Need

Certified Amended Rule:
610-X-4-.16 Special Circumstances

Certified New Rule:
610-X-7-.12 Nursing Student/Graduate Aides

OIL AND GAS BOARD
Proposed Amended Rules:
400-7-1-.06 Form and Content of Pleading
400-7-1-.11 Notice
400-7-2-.01 Forced Integration or Forced Pooling

ONSITE WASTEWATER BOARD
Proposed Amended Rule:
628-X-4-.02 Amount of Fees

Certified Amended Rule:
680-X-3-.04 Obtaining a New License

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rules:
780-X-4-.02 Application and License Fees
780-X-17-.05 Expired Registration

Emergency Amended Rules:
780-X-4-.02 ER Application and License Fees
780-X-17-.05 ER Expired Registration

Certified Amended Rules:
780-X-2-.01 Definitions of Terms
780-X-3-.06 Qualifying Education Curricula Approved by the Board for Licensure as a Real Property Appraiser
780-X-5-.02 Board of Approval of Courses
780-X-5-.04 Requirements for the Approval of Instructors and Assistant Instructors
780-X-5-.05 Disciplinary Actions for Instructors
780-X-5-.07 Monitors for all Courses and Instructors
780-X-6-.02 Qualifying Experience – State Registered Real Property Appraiser
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-7-.02 References
780-X-8-.01 Eligibility for Examination
780-X-9-.01 Classification of Real Estate Appraisers
780-X-10-.02 Certificates
780-X-12-.01 Expirations and Renewals
780-X-12-.02 Continuing Education Requirements
780-X-13-.01 Adoption of Uniform Standards of Professional Appraisal Practice
780-X-14-.01 Complaints
780-X-14-.02 Informal Disciplinary Procedure
780-X-17-.01 Form
780-X-17-.03 Registration
780-X-17-.04 Registration Renewal
780-X-17-.14 Complaints Against Appraisers
780-X-18-.02 Registration Form
780-X-18-.06 AMC Renewal Application
780-X-18-.07 Federally Regulated AMC Registration

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-3-137-.02 Historic Rehabilitation Tax Credit of 2017 – Availability, Claiming and Transferability of the Historic Rehabilitation Tax Credit
810-5-8-.06 Mandatory Liability Insurance Registration Suspension, Reinstatement, and Revocation Procedures
810-14-1-.03 Cost of Transcripts and Recordings
810-14-1-.29 General Disclosure and Exchange of Information Guidelines

Proposed Repealed Rules:
810-3-82-.02 Declaration of Estimated Tax for Corporations
810-3-83-.01 Payment on Declaration of Estimated Tax
810-3-83-.02 Payment on Declaration of Estimated Tax for Corporations
810-14-1-.04 Installment Payment Agreements
810-14-1-.27 Confidentiality of Tax Returns and Tax Return Information
810-14-1-.28 Disclosure of Statistical Information

Proposed New Rules:
810-5-75-.54 Application for Certificate of Title for a Stolen Unrecovered Vehicle
810-14-1-.04 Installment Payment Agreements

Certified Amended Rules:
810-5-75-.09 Transfer of Title for a Vehicle from a Deceased Owner
810-5-75-.55 Motor Vehicle Inspection Requirements for Certificates of Title and Continuation of Brands
810-5-75-.60 Revocation of Authority to Act as Designated Agent or Title Service Provider
810-5-75-.64 Unclaimed/Abandoned Vehicles

Certified Repealed Rules:
810-5-1-.211 Motor Vehicle Registration Delinquency Penalty and Interest Charges
810-5-12-.04 Investigation Procedures for Open Assignment of Title
810-5-75-.46 Assignment of Certificate of Title
810-5-75-.50 Certificate of Title Required – Continuance of Recorded Legends Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended
810-5-75-.51 Returned Title Request Form (Form MVT 5-27)
810-5-75-.56 Issuance and Records – Abbreviations Used in Data Entry. Reference: Sections 32-8-1 through 32-8-87, Code of Alabama 1975, as Amended 678
810-5-75-.63 Powers of Attorney 678

Certified New Rules:
810-5-1-.211 Motor Vehicle Registration Periods, Delinquency, Penalty and Interest Charges
810-5-12-.04 Revocation of License
810-5-75-.63 Transactions Requiring a Secure Powers of Attorney

SECRETARY OF STATE, OFFICE OF THE
Emergency New Rule:
820-2-3-.06-.06 ER Absentee Voting During State of Emergency – Special Elections Senate District 26

SOCIAL WORK EXAMINERS, BOARD OF
Certified Amended Rules:
850-X-2-.01 Definitions of Terms
850-X-2-.02 Classification of Social Workers
850-X-8-.01 Continuing Education

Certified Repealed Rule:
Chapter 850-X-3 Supervision

Certified New Rule:
Chapter 850-X-3 Supervision

SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, BOARD OF EXAMINERS FOR
Emergency Amended Rules:
870-X-2-.01 ER Exemptions
870-X-2-.05 ER Clinical Fellowship or Fourth-Year Internship and Requirements
870-X-2-.06 ER Assistant Supervision

UNDERGROUND DAMAGE PREVENTION AUTHORITY
Certified New Rules:
Chapter 910-X-1 General Provisions
Chapter 910-X-2 Organization
Chapter 910-X-3 Enforcement of Violations
Chapter 910-X-4 Designated Penalties
Chapter 910-X-5 Underground Damage Prevention Fund

MISCELLANEOUS NOTICES

MISCELLANEOUS FILING

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PREEMPTORY RULES

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER SECTION 41-22-22.1