Code of Alabama

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34-13-27
Section 34-13-27 Seal; scope of rules and regulations. The board shall adopt a common seal,
which may be altered as often as the board may desire, and may adopt and enforce, for the
protection of the public health, safety, and welfare, reasonable rules and regulations relating
to: (1) The practice of the profession of embalming, including, but not limited to, solicitation
of business; (2) The practice of the profession of funeral directing, including, but not limited
to, solicitation of business; (3) The sanitary condition and physical facilities of funeral
homes, mortuaries, and funeral establishments where the profession of embalming and funeral
directing is carried on, with particular regard to plumbing, sewage, disinfecting, ventilation,
and equipment; (4) Carrying out generally the various provisions of this chapter for the protection
of the peace, health, safety, and welfare of the public; and (5) Carrying out a program for
training of apprentice embalmers and apprentice funeral...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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34-13-23
Section 34-13-23 Officers; rulemaking authority; compensation; executive director; disposition
of funds. (a)(1) The board appointed under this chapter and each successor thereto is authorized
to select from its own membership a chair and to adopt and promulgate such rules and regulations
for the transaction of its business and for the betterment and promotion of the standards
of service and practice to be followed in the funeral service profession in the State of Alabama
as the board may deem expedient and consistent with the laws of this state and for the public
good. (2) The chair shall preside at all meetings of the board unless otherwise ordered, and
he or she shall exercise and perform all duties and functions incident to the office of chair.
(3) The board may select also from its own membership a vice chair, a secretary, and a treasurer.
No two offices shall be held by the same person. (b) The treasurer shall give bond to the
State of Alabama in the sum of ten thousand dollars...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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34-13-2
Section 34-13-2 Purpose of chapter. It is declared and established that the procedures for
making final disposition of human dead, including embalming and funeral directing, are so
affected with the public interest as to require regulation and control of such included occupations
and that, additionally, such regulation and control are necessary for the prevention of the
spread of infectious and contagious diseases, for the protection of the health and welfare
of the people of the state and that all of the provisions of this chapter and regulations
authorized to be made are necessary to effectuate its purpose; and all of the provisions of
this chapter shall be construed liberally and in a manner to carry out its obvious intents
and purposes. (Acts 1975, No. 214, p. 705, ยง1.)...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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34-13-51
Section 34-13-51 Reciprocity of licenses. (a) The board may recognize and issue, without examination
and upon payment of a fee not in excess of five hundred dollars ($500) for each license, a
reciprocal license for the practice of funeral directing or embalming to any person licensed
as a funeral director or embalmer by any state, if the board makes an individual determination
that the qualifications of the applicant meet or exceed the minimum qualifications required
for funeral directors or embalmers in this state and that a written examination of such applicant
would be superfluous. (b) Applications shall be made on forms prescribed and furnished by
the board. An applicant holding a funeral director or embalmer license from another state,
and applying for a funeral director or embalmer license in Alabama shall be considered for
licensing by reciprocity. (c) Commencing on October 1, 2017, in addition to the requirements
of subsections (a) and (b), an applicant for a funeral director...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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37-3-15
Section 37-3-15 Licensing and regulation of brokers. (a) No person shall for compensation sell
or offer for sale transportation subject to this chapter or shall make any contract, agreement
or arrangement to provide, procure, furnish or arrange for such transportation or shall hold
himself or itself out by advertisement, solicitation or otherwise as one who sells, provides,
procures, contracts or arranges for such transportation, unless such person holds a broker's
license issued by the commission to engage in such transactions; provided, that no such person
shall engage in transportation subject to this chapter unless he holds a certificate or permit
as provided in this chapter. In the execution of any contract agreement or arrangement to
sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful for
such person to employ any carrier by motor vehicle who or which is not the lawful holder of
an effective certificate or permit issued as provided in this...
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