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41-22-22.1
Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services
Agency, Legal Division, and Joint Committee on Administrative Regulation Review; fees. (a)
The Legislative Services Agency, Legal Division, shall review each rule certified to it by
a state board or commission that regulates a profession, a controlling number of the members
of which are active market participants in the profession, to determine whether the rule may
significantly lessen competition and, if so, whether the rule was made pursuant to a clearly
articulated state policy to displace competition. (b) If the Legislative Services Agency,
Legal Division, determines that a rule subject to subsection (a) may significantly lessen
competition, it shall determine whether the rule was made pursuant to a clearly articulated
state policy to displace competition, and shall certify those determinations to the committee.
The board or commission shall submit a position paper, a transcript of any...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative
office or unit of the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
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36-25-13
Section 36-25-13 Actions of former public officials or public employees prohibited for two
years after departure. (a) No public official shall serve for a fee as a lobbyist or otherwise
represent clients, including his or her employer before the board, agency, commission, department,
or legislative body, of which he or she is a former member for a period of two years after
he or she leaves such membership. For the purposes of this subsection, such prohibition shall
not include a former member of the Alabama judiciary who as an attorney represents a client
in a legal, non-lobbying capacity. (b) Notwithstanding the provisions of subsection (a), no
public official elected to a term of office shall serve for a fee as a lobbyist or otherwise
represent clients, including his or her employer, before the board, agency, commission, department,
or legislative body of which he or she is a former member for a period of two years following
the term of office for which he or she was elected,...
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41-4-110
Section 41-4-110 Established; duties; contracts for stationery, printing, paper, and fuel;
use of approved credit cards for certain purchases; State Procurement Fund. (a) There shall
be in the Department of Finance the Division of Purchasing. The functions and duties of the
Division of Purchasing shall be as follows: (1) To purchase all personal property and nonprofessional
services, except alcoholic beverages, which shall be purchased by the Alcoholic Beverage Control
Board and except as otherwise provided by law, for the state and each department, board, bureau,
commission, agency, office, and institution thereof, except as provided in subsection (e).
(2) To make and supervise the execution of all contracts and leases for the use or acquisition
of any personal property and nonprofessional services unless otherwise provided by law. (3)
To fix standards of quality and quantity and to develop standard specifications for all personal
property and nonprofessional services acquired by the...
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38-1-7
Section 38-1-7 (Effective October 1, 2015 until September 30, 2017) Drug screening program.
(a) As used in this section, the following words shall have the following meanings: (1) DRUG.
Includes all of the following: a. A controlled substance for which a medical prescription
or other legal authorization is required for purchase or possession, including, but not limited
to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate,
a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant,
or a metabolite of any of these substances. b. A drug whose manufacture, sale, use, or possession
is forbidden by law. (2) DRUG SCREENING. Any chemical, biological, or physical instrumental
analysis administered by a laboratory certified by the United States Department of Health
and Human Services or other licensing agency in this state for the purpose of determining
the presence or absence of a drug or its metabolites. (b) The...
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34-5A-3
Section 34-5A-3 Composition of board; compensation; meetings; rules and fees; investigations;
Alabama Behavior Analyst Licensing Board Fund. (a) The Alabama Behavior Analyst Licensing
Board is established within the Department of Mental Health, Division of Developmental Disabilities.
The board shall consist of seven members, including four licensed behavior analysts, one licensed
psychologist in the state, one parent or legal guardian of a person being treated for a behavior
disorder, or a person who has received services from a licensed behavior analyst, and one
public member, who, except for the initial members, shall be appointed by the Governor, as
provided in subsection (b). The membership of the board shall be inclusive and reflect the
racial, gender, geographic, urban/rural, and economic diversity of the state. Each member
shall serve a three-year term, with initial terms being staggered so that one member serves
an initial term of one year, three members serve initial terms of...
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40-1-50
Section 40-1-50 Reporting requirements of state agencies administering economic tax incentives.
(a) For the purpose of this section, the term economic tax incentive shall mean any tax credits,
deductions, exemptions, abatements, preferential rates, or rebates given as an economic incentive.
For the purpose of this section, the term economic incentive shall mean an inducement provided
by the government, where the government promises to forgo tax revenues to which it is otherwise
entitled or to provide some other benefit to an individual or an entity and in exchange the
individual or entity promises to take specific action that contributes to economic development.
In order for the Legislature to get accurate and complete information regarding the costs
and benefits of economic tax incentives, each state agency that administers an economic tax
incentive shall annually report the information required herein to the Legislature. (b) The
head of each state agency that administers any economic...
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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the
purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER.
The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due
and includes failure to meet eligibility requirements, failure to identify third party liability
where applicable, any payment for an ineligible good or service, any payment for a good or
service not received, duplicate payments, invoice and pricing errors, failure to apply discounts,
rebates, or other allowances, failure to comply with contracts or purchasing agreements, or
both, failure to provide adequate documentation or necessary signatures, or both, on documents,
or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management
technique used to identify overpayments made by a state agency with respect to individuals,
vendors, service providers, and other entities in...
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41-16-27
Section 41-16-27 Manner of awarding contracts; records; exemptions. (a) When purchases are
required to be made through competitive bidding, award shall, except as provided in subsection
(f), be made to the lowest responsible bidder taking into consideration the qualities of the
commodities proposed to be supplied, their conformity with specifications, the purposes for
which required, the terms of delivery, transportation charges, and the dates of delivery,
provided, that the awarding authority may at any time within 30 days after the bids are opened
negotiate and award the contract to anyone, provided he or she secures a price at least five
percent under the low acceptable bid. The award of such a negotiated contract shall be subject
to approval by the Director of Finance and the Governor, except in cases where the awarding
authority is a two-year or four-year college or university governed by a board. The awarding
authority or requisitioning agency shall have the right to reject any...
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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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