Chapter 235-X-1 ORGANIZATION, ADMINISTRATION AND PROCEDURE
Ala. Admin. Code r. 235-X-1-.01 Definitions
As used by the Coroner's Training Commission, the following
words and phrases shall have the following meanings respectively.
(1)
Approved Academy: A school
certified and authorized by the Commission to conduct law enforcement training.
(a)
Commission - The Alabama
Coroners Training Commission as mandated and appointed per state
statute.
(b)
Coroner
-Duly elected or appointed person as described by Alabama state
statute.
(c)
Deputy Coroner - Duly appointed person or persons to act under discretion of
the Coroner.
(d)
Approved training - Training approved by the Commission.
(e)
Document - To furnish with
references, citations, etc., in support of statements made a written or printed
paper furnishing information or evidence.
(f)
Compliant - Manufactured or
produced in accordance with a specified body of rules.
(g)
Non-compliant - Failure or
refusal to comply, as with a law, regulation, or term of a contract.
(h)
Medical Examiner -A
physician trained in medicine to perform postmortem examinations on the bodies
of persons supposed to have died from unnatural or suspicious causes and to
investigate the cause and circumstances of such deaths.
(i)
Quorum - A meeting of at
least 4 members whether in person at a designated date, time and place or by
electronic means at a designated date and time.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.02 Purpose
The Alabama Coroner's Training Commission was created to ensure
that Coroners and Deputy Coroners, be they elected or appointed, and receive
adequate training to properly perform their duties. This will be realized by
providing the Commission the ability to prescribe standards of training for
Coroners and the responsibility to collect and maintain records pertaining to
individual Coroner Office's, Coroner's, and Deputy Coroner's training records.
The Commission will review potential training and education courses and
determine their suitability and value to the position of Coroner. The
Commission will then grant or deny education credit to the prospective training
or education and by doing so will decide how much, if any educational credit a
Coroner or Deputy Coroner will receive for successfully completing the course
or training. The Commission will work, where possible, with the communities of
higher learning, Public Health, Forensic Sciences, Prosecutorial and Law
Enforcement inside and outside the borders of the State of
Alabama.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.03 The Alabama Coroner's Association
The Commission Membership is drawn in part from the Alabama
Coroner' s Association. The Commission however, is a separate entity with
vastly different duties and responsibilities. Communication between
these two entities is encouraged but it should be noted that the Alabama
Coroner's Association will be required to submit their annual training
conference to the commission annually for review and suitability for credit
hours.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.04 Composition And Selection Of Commission
Composition and Selection of Commission shall be made pursuant
to Section
11-5-31,
Code of Ala. 1975.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.05 General Description Of Organization And Operation
The Commission is an independent commission of the State of
Alabama. All costs associated with operating the commission are paid from
appropriated and acquired funds and a 15% fee may be charged to all "for
profit" training providers.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.06 Rules Of Order
All proceedings of the Commission shall be governed by Roberts
Rules of Order, except where otherwise provided in these
rules.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.07 Quorum
Four members of the Commission shall constitute a quorum for
the transaction of business for the performance of any
duties.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.08 Officers
The Commission Officers will consist of a Chairperson (Ranking
officer), Co-Chairperson (2nd Ranking), and
Secretary-Treasurer.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.09 Election Of Officers
The Commission Officers will be elected from the Commission
Membership on the first meeting after January 1 of each even numbered year.
Unplanned vacancies of offices will prompt the offer of promotion to current
officers, upon their acceptance or decline of the promotion all vacancies will
be filled at the next meeting to be scheduled by the highest-ranking
officer.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.10 Commission Secretary
Treasurer may appoint an Administrative Assistant to assist the
Secretary-Treasurer with administrative duties. This Administrative Assistant
will serve at the pleasure of the Secretary-Treasurer and will, if funds are
available, be provided an annual salary of no more than $500.00 dollars for
services rendered.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.11 Meetings
(1) Meeting formats
may include; in person, web-based and electronic format.
(2) The Commission will meet no less than
twice annually, once in first and once in the third quarter of the calendar
year is optimal.
(3) Special
meetings may be called be the Chairperson, Vice Chairperson,
Secretary-Treasurer or three members of the commission by giving notice of the
time, place and purpose of the meeting to all Commission members.
(4) Each member shall be given at least 30
days' notice of all meetings. This notice may be waived by all members of the
commission before the meeting occurs.
(5) Minutes from meetings will be kept by the
Secretary-Treasurer or designee.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.12 Review Of Submitted Trainings And Educational Programs
The Commission will not call special meetings to review
submitted trainings or educational courses for suitable for credit. Instead,
the Commission will develop a form where potential training/educational
programs can be submitted to the Commission for review. The form, developed by
the Commission, will have specific requests for information and documents that
must be provided in order for the training or education to be considered by the
Commission. For a training or educational program to be approved, a quorum (4
members) must sign the approval form.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.13 Use Of Forms
Coroners and Deputy Coroners will be required to submit
information to the Commission on forms designated as prescribed forms by the
Commission. Forms used by the Commission may be acquired from the
Secretary-Treasurer.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.14 Support From Attorney General's Office
The Commission will request that the Attorney General's Office
assign an Attorney to provide legal support to the
Commission.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.15 Grants And Appropriations
Any grant or appropriation will be used to provide
administrative support to the Commission and Commission Members. Funds will be
used solely for the continuation of the duties of the Commission. Approved uses
include but are not limited to the following:
(1) Drafting Rules
(2) Purchasing office supplies
(3) Purchasing computers and
software
(4) Email
addresses
(5) Office
space
(6) Utilities
(7) Travel (limited justification)
(8) Meeting space
(9) Mail, postage and shipping
(10) Internet and web service
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.16 Responsibility Of Each Coroner's Office
(1) Each Coroner is responsible for assuring
that he/she and all Deputy Coroners successfully complete approved
training;
(2) Each Coroner or
Deputy is responsible for assuring that he/she submits proof of successful
completion of approved training in a timely manner to receive credit toward
annual requirements.
(3) The
Coroner or Deputy Coroner, within 10 days upon assuming responsibility of the
elected or appointed office, or upon being hired, shall submit all required
documentation to the Commission.
(4) The Coroner will, upon notice of
non-compliance from the Commission, terminate or suspend any Deputy Coroner
until they have obtained a letter of compliance from the Commission. A letter
of Compliance will be provided after proof of successfully completing the
required training/education hours has been submitted to and verified by the
Commission.
(5) A coroner or his or
her designated assistant who fails to complete the minimum annual in-service
training required by Section
11-5-31
may be suspended from office, without pay, by the Governor for
not more than 90 days. At the end of the suspension period, the Governor may
continue the suspension of the coroner and/or his or her designated assistants
until he or she completes the annual minimum in-service training. A letter of
Compliance will be provided after proof of successfully completing the required
training/education hours has been submitted to and verified by the
Commission.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.17 Required Training/Education Hours
(1) Each Coroner and Deputy Coroner, as
required by Section
11-5-31 will successfully complete twelve (12) hours of Commission approved training/education annually (January 1-December
31) and will have submitted proof of said completion to the Commission by no
later than January 15 of the following year.
(2) The Commission will, no later than
February 1 of the following year, have reviewed all submitted documentation and
will have sent via U.S. mail, facsimile or electronic mail, all Letters of
Non-compliance to the Coroner at the address on file with the
Commission.
(3) The Commission
membership will review all submitted documentation within the timeframe allowed
and will forward the results of those reviews to the Secretary-Treasurer who
will maintain the training/education records of Coroners and Deputy Coroners
and will draft and mail Letters of Non-compliance to the Coroner. The
Secretary-Treasurer should utilize files and data base systems to allow for
report generation and the designation of Coroners and Deputy Coroners who are
compliant and non-compliant.
(4)
Any Coroner or Deputy Coroner contesting the designation of being Non-Compliant
must submit a written explanation specifically detailing why they are
compliant. If a Coroner or Deputy Coroner failed to submit documentation on
successfully completed training/education, they should do so as soon as they
are notified of their Non-compliance. All letters contesting non-compliance and
all documentation of successfully completed training/education must be
submitted to the Commission no later than March 1 of the following
year.
(5) The Commission will
review any letter contesting non-compliance and make any Declaratory Rulings
within 30 days of receiving the letter.
(6) The Commission reserves the right, with a
quorum vote of four, to deny any submitted training/education submissions
received after January 15th of the following year.
(7) Any Coroner or Deputy Coroner who is
non-compliant should successfully complete Commission approved
training/education as soon as possible and submit proof of completion to the
Commission to become compliant for the current years' requirements.
Training/education attended in the following year will NOT be applied to the
previous years' requirement to remove a designation of
non-compliance.
(8) The
Secretary-Treasurer, upon receiving notification from the Commission of a
Coroner or Deputy Coroner's change in "Status", will notify the Coroner in
writing of any changes.
(9) Any
Coroner or Deputy Coroner who is designated non-compliant for 18 months (After
March 1 of following year) shall be reported to his or her County Commission
and District Attorney's Office via letter from the Commission
Secretary-Treasurer.
(10) Medical
Examiners and Coroners who are Medical Doctors are required to obtain
educational credit annually to maintain their medical license and by doing so
are excluded from this requirement.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.18 Training/Educational Requirements
(1) The
Commission will evaluate any proposed training or educational program for
suitability before granting credit for successful completion. A quorum vote of
approval must be garnished to obtain approval. A written document, signed by
the required voters will serve as a review and approval by the
Commission.
(2) Training and
Educational Programs should be encouraged to submit their programs for
evaluation by the Commission prior to providing the training or education. The
Commission can, by evaluation of topics, trainers, and agenda items, give
notice of suitability for credit hours.
(3) Any Coroner or Deputy Coroner planning on
attending a training or educational program that has not or may not have been
reviewed and approved by the Commission is encouraged to contact the Commission
prior to attending. The Commission may request specific information from the
Coroner or Deputy Coroner or contact the training provider directly to
determine suitability of the training program. Successfully
completing a training/educational program that has not been reviewed by the
Commission may result in the Coroner or Deputy Coroner not receiving credit
hours for the program.
(4) Coroners and Deputy Coroners are
required to obtain 1 or more hours in
topics related to each of the following:
(a)
Mass Fatality Planning and Management*
(b) Anatomical Gifting*
(c) Investigations/Scene/Medicine*
(d) Ethics*
(5) The Commission may waive this requirement
by quorum vote due to availability of approved suitable training
programs.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.19 Records
All records of the Commission are "Public Records" and copies
may be available following a written request submitted to the
Secretary-Treasurer and upon payment of the cost of copying and mailing the
documents. The cost of copying and mailing documents will be $25.00 per
document produced. Document, for the purposes of this rule, is not referring to
an individual page or paper but instead the formal document i.e. Coroner
Training Record.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.20 Records Retention
(1) The
Commission is responsible for selection and implementation of a records keeping
method that provides, security, organization and retrieval to a reasonable
degree of accountability.
(2)
Paperless computerized methods should be employed as soon as it is financially
feasible.
(3) The Commission will
maintain, for 20 years, copies of all records produced by the Commission.
Documents to be retained include but are not limited to:
(a) Training records
(b) Correspondence
(c) Commission financial records
(d) Meeting Minutes
(e) Declaratory Rulings
(f) Reviews of Training/Educational
Programs
(4) The
Commission will select the method and location of document/data storage upon
selection or change of the Commission Secretary-Treasurer.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.21 Office Space
In the event the Commission procures official office space,
meetings and records retention should be maintained in the official location of
the Commission.
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.
Ala. Admin. Code r. 235-X-1-.22 Forms List:
(Forms to be created)
(1) Welcome letter for new Coroners and
Deputy Coroners (outlines requirements)
(2) Coroner Training Record
(3) Letter of Non-compliance (to
Coroner)
(4) Letter of
Non-compliance (to County Commission and District Attorney)
(5) Letter of Non-compliance (to Governor's
Office)
(6) Submission of Propose
Training
(7) Letter of proposed
training Commission Review Decision
(8) Request for Documents
(9) Review of Training/Educational
Program
History
- Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.
- Author: Bill Harris Statutory Authority: Code of Ala. 1975, §§ 11-5-31.