Ala. Admin. Code r. 257-X-1-.06

Current through Register Vol. 42, No. 10, July 31, 2024

Section 257-X-1-.06 - Maintenance And Inspection Of Board Records

(1) The Board shall maintain its records, and provide for public disclosure, in accordance with the Alabama Open Records Act.

(2) Upon request to the Executive Director or other agency designee, public records maintained by the Board shall be available for inspection and duplication at the office of the Board during regular business hours. The inspection and duplication of public records shall be under the supervision of the Executive Director or other agency designee.

(3) For purpose of this rule, a request for copies of public records shall be considered a "Standard Request", if it seeks one or more discretely identified public records that the Executive Director or other agency designee determines will take less than eight (8) hours of staff time to process, taking into consideration the need to identify and to redact or take other measures to withhold legally protected action. A Standard Request should require no or minimal clarification by the requestor. A "Time-Intensive Request" is defined as a request that the Executive Director or other agency designee determines will take more than eight (8) hours of staff time to process, taking into consideration the need to obtain clarification of broad or vague requests, and to identify and to redact or take other measures to withhold legally protected action and any time needed to redact or take other measures to withhold legally protected information.

(4) Any person wishing to obtain copies of public records shall submit a written request to the office of the Board using the form provided for this purpose on the public records page of the Board's public web site. "Standard Requests" shall be accompanied by a minimum a fee of $20.00. Should the staff time associated with the response exceed one hour, the requesting party shall pay an additional fee of $20.0 for each additional hour incurred. All requests will be acknowledged within two (2) business days from receipt, at which time the requesting party shall be notified if the request is deemed a Time-Sensitive Request. If practicable, the requestor will be given an estimate of the staff time and related fees associated with a Time-Intensive Request prior to processing, which must be paid prior to production. The requestor will be provided a substantive response fulfilling or denying the request within fifteen (15) business days for Standard Requests, and forty-five (45) days for Time-Intensive Request. These deadlines may be extended in additional fifteen (15) day and forty-five (45) day increments, respectively upon written notice to the requestor.

(5) Records requests fulfilled will be provided via electronic means wherever possible. Where paper copies are required, the agency may charge an additional per-page fee of $.50 per page for copies.

(6) Public records maintained by the Board that are available for inspection and duplication include, but are not limited to:

(a) Names, business addresses, and business telephone numbers of current licensees;

(b) Names of persons whose licenses have been suspended or revoked, including the type, date, infraction, the penalty incurred, and length of the penalty;

(c) Rules and regulations of the Board, as promulgated and published in accordance with the, Sections 41-22-1, et seq., Alabama Administrative Procedures Act, Code of Ala. 1975;

(d) Other written statements of policy or interpretations formulated, adopted, or used by the Board in the discharge of its duties and functions; and

(e) Final orders, decisions, declaratory rulings, and opinions issued by the Board.

(f) Information related to items a-d above may be found on the Board's public web site.

Ala. Admin. Code r. 257-X-1-.06

New Rule: Filed April 19, 2007; effective May 24, 2007. Amended: Filed June 19, 2012; effective July 24, 2012.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 12/3/2018.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 12, September 30, 2022, eff. 11/14/2022.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023.

Author: Alabama Board of Court Reporting

Statutory Authority:Code of Ala. 1975, §§ 34-8B-1 thru 34-8B-18.