Alabama Administrative Code Chapter 395-X-1 — Board and Its Members

395 Alabama Board of Funeral Service

Ala. Admin. Code r. 395-X-1-.01 Organization

(1) The Alabama Board of Funeral Services is made up of fourteen total members, eleven of whom are professional members appointed by the Governor and three of whom are consumer members appointed by the Lieutenant Governor or Speaker of the House. The Board consists of two divisions, a Funeral Division (composed of seven professional members who hold licenses as funeral directors or embalmers and two consumer members) and a Preneed Division (composed of four professional members who hold licenses as preneed sales agents and one consumer member).

(2) The Board officers consist of chair, vice chair, treasurer, and secretary. These positions shall be filled by the Board during the first meeting immediately following the appointment each year.

(a) A Board officer shall preside over any meeting of the Board or of a Division of the Board in order of precedence listed above.

(b) If a Division of the Board does not include an officer of the Board among its membership, then that Division may select a presiding member from its own membership.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-20, 34-13-21, 34-13-23, 34-13-26, 34-13-27.
• Amended: Filed August 9, 1985. Amended: Filed January 30, 2012; effective March 5, 2012. Amended: Filed September 12, 2017; effective October 27, 2017. Amended: Published January 31, 2024; effective March 16, 2024.

Ala. Admin. Code r. 395-X-1-.02 Nomination And Appointment

(1) Professional Members.

(a) In October of each year in which the term of a professional member of the Board is scheduled to expire, a meeting shall be held in Montgomery for the purpose of nominating eligible candidates to serve on the Board as a professional member. Three nominees for each position shall be selected and their names submitted to the Governor.

1. At each meeting, only one licensed funeral director or licensed embalmer employed by each funeral establishment may vote to nominate candidates to serve as a professional member of the Board for the Funeral Division.

2. At each meeting, only one licensed preneed sales agent employed by each certificate of authority holder may vote to nominate candidates to serve as a professional member of the Board for the Preneed Division.

3. For each position to be voted upon, no licensee can vote on behalf of more than one funeral establishment or certificate of authority holder, or otherwise vote more than once.

(2) Consumer Members

(a) Two consumer members shall be appointed by the Lieutenant Governor and one consumer member shall be appointed by the Speaker of the House using their own discretion.

(b) No consumer member may reside in the same district created by Ala. Code §34-13-21 as any other consumer member.

(3) Members appointed to fill a vacancy that will be created by an expiring term are sworn in at the first regular meeting following December 31 of the year in which the previous term expires. If an appointment is not made before the expiration of the term of a board member, then the board member may continue to serve until a successor has been appointed.

(4) A vacancy on the Board in any unexpired term may be filled by appointment of the appointing authority for the remainder of such unexpired term.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-20, 34-13-21, 34-13-26, 34-13-27.
• Amended: Filed August 9, 1985. Amended: Filed January 30, 2012; effective March 5, 2012. Amended: Filed June 6, 2014; effective July 11, 2014. Amended: Filed September 12, 2017; effective October 27, 2017. Amended: Published January 31, 2024; effective March 16, 2024.

Ala. Admin. Code r. 395-X-1-.03 Meetings

The Board shall meet at least once quarterly for the purpose of conducting Board business. Special meetings may be called by the Board or the executive director to deal with matters that require immediate attention. All business meetings are open to the public with the exception of executive sessions allowed by the state "sunshine law." Anyone wishing to appear before the Board or who wishes the Board to consider a new rule, rule amendment, or repeal, should make such request in writing and submit it to the Board office to have the matter placed on the agenda of the next meeting.

History

• Authority: Code of Ala. 1975, §34-13-26.
• Amended: Filed August 9, 1985. Amended: Filed June 6, 2014; effective July 11, 2014. Amended: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-1-.04 Board Staff

The Board shall employ an executive director and associate executive directors to operate the Board office. They may also employ administrative assistants and employees to aid in the operation. The staff shall work at the pleasure of the Board and the Board shall set all conditions and policies of employment. The executive director has the capacity of Secretary of the Board office and has interim decision authority when the Board is not in session. All decisions made by the executive director are subject to Board approval. The associate executive directors shall aid the executive director in their duties.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-23, 34-13-26.
• Amended: Filed August 9, 1985. Amended: Filed September 12, 2017; effective October 27, 2017. Amended: Published July 29, 2022; effective September 12, 2022.

Ala. Admin. Code r. 395-X-1-.05 Applicability

All rules and regulations of the Board, relating to matters which are not specifically addressed in Title 34, Chapter 13, Code of Ala. 1975, shall be in addition to the provisions of said statute. The rules and regulations, however, shall not be construed to amend, supersede, or otherwise alter the state funeral service law, as it may be amended by the legislature.

History

• Authority: Code of Ala. 1975, § 34-13-26.
• Filed August 9, 1985.