Ala. Admin. Code r. 304-X-1-.06

Current through Register Vol. 42, No. 11, August 30, 2024

Section 304-X-1-.06 - Exemptions

(1) Pursuant to Code of Ala. 1975, § 34-1A-6, an exemption from the licensing and regulatory provision of this chapter may be granted to certain persons or entities.

(2) Those persons or entities may request a letter of exemption from the board by submitting the following:

(a) A letter of request shall be mailed to the board;

(b) A notarized affidavit stating with specificity the activities of the individual or the company or the entity and stating why said company or entity is exempt from the licensure.

(c) The board shall review the request and render a decision at its next scheduled board meeting.

(d) If approved, a letter of exemption shall be mailed to the individual or entity. Said approval letter will include a statement that the individual or company may be subject to an injunctive action if the Board receives information that the company or individual is indeed engaged in non-exempt activity regulated by the board. The letter of exemption issued by the Board shall be signed by both the Board Chair and the Executive Director. The original letter of exemption will be kept on file at the Board's administrative office, and a copy of the letter will be mailed to the entity requesting the exemption.

(e) If the exemption is denied, the company or individual may request an administrative hearing before an independent hearing officer. The hearing request shall be made no later than thirty (30) days of the date noted on the official letter of denial. If a request is made, an administrative hearing shall be held not less than thirty (30) days after the receipt of the request by the Board.

(f) If, after an administrative hearing, the denial of the exemption is upheld, the company or individual will have 30 days from the final decision to appeal the action to the Montgomery County Alabama Circuit Court, pursuant to the Administrative Procedures Act, or must complete the requirements to become licensed within thirty (30) days or cease operation in the State of Alabama.

Ala. Admin. Code r. 304-X-1-.06

New Rule: Filed May 25, 2004; effective June 29, 2004. Amended: Filed November 13, 2007; effective December 18, 2007. Amended: Filed February 18, 2010; effective March 25, 2010. Amended: Filed August 15, 2011: effective September 19, 2011.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/1/2014.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 02, November 26, 2014, eff. 12/24/2014.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 1/3/2019.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 08, May 31, 2022, eff. 7/15/2022.

Author: Lynne Taunton

Statutory Authority:Code of Ala. 1975, §34-1A.