Alabama Administrative Code Chapter 230-X-2 — Description of Organization

230 State of Alabama Licensing Board for General Contractors

Ala. Admin. Code r. 230-X-2-.01 Description Of Organization

In order to safeguard life, health, and property, and to promote the general public welfare by requiring that only properly qualified persons be permitted to engage in general contracting, there shall be a State Licensing Board For General Contractors consisting of five (5) members who shall be appointed by the Governor. The general responsibility of these members is to review applications filed by those desiring to be licensed as general contractors in the State of Alabama. The Board, by law, is required to meet at least four (4) times per year, i.e., January, April, July, and October, for the purpose of transacting such business as may properly come before it. The Board may have special meetings. The public may obtain information, make submissions or requests by contacting the Executive Secretary of the Board, 2525 Fairlane, Montgomery, Alabama 36116.

History

• Author: Licensing Board for General Contractors
• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982. Amended: Filed May 20, 2005; effective June 24, 2004.

Ala. Admin. Code r. 230-X-2-.02 Forms

The forms listed herein are the forms used by the State Licensing Board For General Contractors:

(a) Application.

(b) Confidential financial statement, equipment questionnaire and experience questionnaire.

(c) Forms sent to banks, contractors, architects, suppliers, etc., for references on behalf of the applicant.

(d) Renewal application.

History

• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982.

Ala. Admin. Code r. 230-X-2-.03 Petition For Adoption Of Rules

(1) Any person who wishes to propose that the Board adopt, repeal, or amend any rule may do so on the form prescribed by the Board and supplied by the executive secretary.

(2) The Board shall meet and consider any petition for adoption, repeal or amendment within sixty (60) days of its submission.

History

• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982.

Ala. Admin. Code r. 230-X-2-.04 Notice

(1) The Board shall give at least thirty-five (35) days' notice of any proposed action on any rule by publication in the Alabama Administrative Monthly in compliance with the Alabama Administrative Procedure Act, Code of Ala. 1975, §41-22-5(a)(1)

(2) Any person who wishes to receive notice by mail of all proposed actions on rules may do so by requesting such notice from the executive secretary and pay an annual charge of $50.00 to cover costs of the mailings. All annual subscriptions begin October 1 and expire September 30.

History

• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982.

Ala. Admin. Code r. 230-X-2-.05 Public Hearings

The Board shall permit all interested persons reasonable opportunity to submit data, views or arguments concerning any proposed rule action. Data, views orarguments submitted in writing must be received by the executive secretary at least seven (7) days before the date specified in the notice as the day of the public hearing. Those persons wishing to appear before the Board to present data, views or arguments orally must submit a request to appear before the Board to the executive secretary, and such request must be received by the executive secretary at least seven (7) days before the scheduled public hearing.

History

• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982.

Ala. Admin. Code r. 230-X-2-.06 Board Decision

The Board shall fully consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, the Board, if conflicting views are submitted on the proposed rule, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling any considerations urged against its adoption.

History

• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982.

Ala. Admin. Code r. 230-X-2-.07 Emergency Rules

In the event the Board finds that an immediate danger to the public health, safety or welfare requires adoption of a rule upon fewer than thirty-five (35) days' notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a rule upon fewer than thirty-five (35) days' notice, the Board may adopt an emergency rule under the provisions of the Administrative Procedure Act, Code of Ala._1975, §41-22-5(b).

History

• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982.

Ala. Admin. Code r. 230-X-2-.08 Petition Of Person Seeking Declaratory Ruling

(1) The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Board, or with respect to the meaning and scope of any order of the Board. Such ruling shall be issued provided:

(a) The petitioner shows that he/she is substantially affected by the rule in question,

(b) Sufficient facts are supplied in the request to permit the Board to make a valid determination, and

(c) The request arises from an actual question or controversy.

(2) A request for declaratory ruling must be in writing and must specifically state that it is a "request for declaratory ruling."

(3) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, §41-22-11.

History

• Authority: Code of Ala. 1975, §34-8-22.
• Filed November 12, 1982.