Alabama Administrative Code Chapter 470-1-4 — Housing Initiative

470 Impaired Drivers Trust Fund Advisory Board

Ala. Admin. Code r. 470-1-4-.01 Housing Initiative-Purpose

The Housing Initiative of the Impaired Drivers Trust Fund Advisory Board is designed to stimulate the development of greater housing options for people with head injury and/or spinal cord injury as those terms are defined by the Board.

History

• Author: Impaired Drivers Trust Fund Advisory Board
• Authority: Code of Ala. 1975, §16-38A-1.
• New Rule: Filed February 18, 1998; effective March 25, 1998.

Ala. Admin. Code r. 470-1-4-.02 Eligibility For Housing Assistance

The person with a head injury and/or spinal cord injury must demonstrate that:

(a) He/She has a need for housing assistance by demonstrating that he/she is presently living in substandard housing or inaccessible housing.

(b) He/She has no other source of funds to obtain the requested Housing Assistance.

History

• Author: Impaired Drivers Trust Fund Advisory Board
• Authority: Code of Ala. 1975, §16-38A-1.
• New Rule: Filed February 18, 1998; effective March 25, 1998. Amended: Filed May 17, 2000; effective June 21, 2000.

Ala. Admin. Code r. 470-1-4-.03 Application Process

An applicant for Housing Assistance shall submit an application form to the the Board’s Housing Committee. Only one application may be awarded during any one applicant’s lifetime. The Housing Committee may request additional information from any applicant in considering the award of any application and shall notify all applicants of the decision reached by the Housing Committee.

History

• Author: Impaired Drivers Trust Fund Advisory Board
• Authority: Code of Ala. 1975, §16-38A-1.
• New Rule: Filed February 18, 1998; effective March 25, 1998. Amended: Filed May 17, 2000; effective June 21, 2000.

Ala. Admin. Code r. 470-1-4-.04 Award Of Housing Assistance

Any approved housing assistance under this program may be awarded primarily for home accessibility modifications and/or structural repairs. Home purchase assistance may be considered where the applicant’s current dwelling (not an apartment) is not structurally repairable or where repairs to such dwelling are monetarily infeasible (cost of repairs exceed estimated market value of dwelling or maximum award). In considering home purchase assistance, modification, or structural repair, the Housing Committee should explore other collaborative methods of improving the applicant’s residential situation. The maximum award under this program shall be $15,000 per applicant.

History

• Author: Impaired Drivers Trust Fund Advisory Board
• Authority: Code of Ala. 1975, §16-38A-1.
• New Rule: Filed February 18, 1998; effective March 25, 1998. Amended: Filed May 17, 2000; effective June 21, 2000.

Ala. Admin. Code r. 470-1-4-.05 Confidentiality

All information submitted by an applicant to the Board’s Housing Committee shall be kept confidential and only disclosed for the purpose of administering the Housing Initiative.

History

• Author: Impaired Drivers Trust Fund Advisory Board
• Authority: Code of Ala. 1975, §16-38A-1.
• New Rule: Filed February 18, 1998; effective March 25, 1998.

Ala. Admin. Code r. 470-1-4-.06 Appeals Process

Any applicant that is dissatisfied with a decision of the Housing Committee shall submit a request in writing to the Chairman of the Impaired Drivers Trust Fund Advisory Board for the appointment of a Hearing Panel to review the decision. This request must be submitted by the applicant within ten days of his or her receipt of the Housing Committee’s notification of the action taken on his or her application. The Chairman shall appoint any odd-numbered group of members of the Impaired Drivers Trust Fund Advisory Board to serve as a Hearing Panel to review the decision, provided that no member of the Housing Committee shall serve on a Hearing Panel. The Hearing Panel shall select a chairperson and shall conduct a hearing to resolve any issue raised in writing by the applicant. A dissatisfied applicant will have the burden of showing that the decision of the Housing Committee with regards to his or her application was palpably wrong by clear and convincing evidence. A dissatisfied applicant may subpoena witnesses, submit written evidence or examine witnesses presented by the Housing Committee at the hearing before the Hearing Panel. A dissatisfied applicant can be represented by counsel before the Hearing Panel. The decision of the Hearing Panel on any issue before it must be by majority vote of the panel and all final decisions of the Hearing Panel shall be issued in writing. A record shall be made of all such hearings. A written decision of an appointed Hearing Panel shall constitute the final agency action of the Impaired Drivers Trust Fund Advisory Board.

History

• Author: Impaired Drivers Trust Fund Advisory Board
• Authority: Code of Ala. 1975, §16-38A-1.
• New Rule: Filed February 18, 1998; effective March 25, 1998.

Ala. Admin. Code r. 470-1-4-.07 Judicial Review

A dissatisfied applicant may seek judicial review after receiving the written decision of a Hearing Panel by following the judicial review procedures set out in the Alabama Administrative Procedure Act.

History

• Author: Impaired Drivers Trust Fund Advisory Board
• Authority: Code of Ala. 1975, §16-38A-1.
• New Rule: Filed February 18, 1998; effective March 25, 1998.