Alabama Administrative Code Chapter 305-7-4 — Commission Meetings

305 Alabama Department of Economic and Community Affairs (Alabama Energy and Residential Codes Board)

Ala. Admin. Code r. 305-7-4-.01 Open Meetings

All Commission meetings shall be open public meetings as required by the open meetings law (Code of Ala. 1975, §13A-14-2).

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §13A-14-2.
• Filed: October 20, 1993; Adopted December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.02 Regular Meetings

(1) Regular meetings of the Commission shall be held at least twice every calendar year at date, time and place designated by the Chairperson. Notification of such meetings shall be transmitted in accordance with these Rules to members of the Commission at least twenty-one (21) days prior to such meetings, which notice shall designate the date, time and place of each meeting of the Commission.

(2) The date, time and place of each meeting of the Commission shall be furnished to any person or entity upon written request to the Secretary and shall be on file at the Office of Water Resources.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-17, 9-10B-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.03 Special Meetings

Special meetings may be called at the discretion of the Chairperson, or the Vice-Chairperson if for any reason the Vice-Chairperson is Acting as the Chairperson pursuant to these Rules, upon written request of the Division Chief or upon written request of three (3) duly appointed Commission members. Special meetings of the Commission shall constitute any meeting of the Commission duly called pursuant to the Act and these Rules, where written notice of such meeting is provided to the Commission members in less time than is required by rule 305-7-4-.02 of these Rules. Notice of any special meetings shall be transmitted to each Commission member not less than five (5) days prior to such meeting as permitted by these Rules.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-17, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.04 Quorum

A quorum shall consist of a majority of the Commission members at any regular or special meetings of the Commission. When a quorum of the Commission is present at any regular or special meetings of the Commission, the Commission may undertake any action upon an affirmative vote of a majority of the members present, unless otherwise provided for in the Act or these Rules.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-18, 9-lOB-21.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.05 Voting

(1) The Secretary of the Commission shall maintain a list of the members entitled to vote on Commission business. The list shall be kept on file at the Commission office. The list shall also be reproduced and kept open for inspection at all Commission meetings. Failure to comply with the requirements of this rule shall not affect the validity of any action taken at any Commission meeting.

(2) Each Commission member present at a Commission meeting, including the Chairperson, but excluding the Secretary of the Commission, shall have one (1) vote on all matters brought before the Commission.

(3) Members may not delegate any authority created by appointment to the Commission pursuant to the Act. Proxy voting shall not be permitted. A Commission member must be present at Commission meetings in order to exercise voting rights.

(4) Matters before the Commission may be decided by voice vote. However, a Commission member may request a recorded roll call vote on any matter before the Commission, which roll call vote shall be duly noted by the Secretary and be recorded in the minutes of the Commission.

(5) No Member of the Commission may vote on any matter prohibited by rule 305-7-1-.05 of these Rules.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-12, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.06 Record Of Meetings

The Secretary shall keep minutes of all regular and special meetings except in the case of an executive session of the Commission. As soon as practical, but not less than five (5) days prior to the next regular meeting, the Secretary shall mail to each member a draft copy of the proposed minutes of the previous regular meeting in order that the members may review and make corrections to the proposed minutes. Any draft minutes of special meetings held since the last regular meeting shall be forwarded as soon as practical in order that the members may review and make corrections to the proposed minutes. Upon approval by the Commission, the minutes shall be the official record of the Commission's action. The Secretary, at the request of the Chairperson, any Commission member, or at the discretion of the Secretary, may prepare a verbatim transcript of any meeting or portion thereof to preserve the record in its totality.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-17, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.07 Permanent Record

The Secretary shall keep a permanent record of Commission actions including minutes, transactions, findings, orders, determinations, resolutions and rules at the administrative office of the Commission. The Secretary, upon request, shall certify photocopies as true and correct copies of the official Commission records.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-17, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.08 Notice Of Meetings: Agenda

Agenda.

(1) The Secretary shall provide Commission members with written notice transmitted at least twenty-one (21) days prior to the meeting date of all regular meetings. The Secretary shall provide Commission members with notice of any special meetings by transmitting such notice to the Commission members at least five (5) days prior to such special meeting in accordance with these Rules.

(2) Notice of any regular or special meetings of the Commission shall be provided by any of the following means:

(a) written notice mailed by first class mail to the member's last known address of record;

(b) telegram directed to the members last known address of record;

(c) facsimile (fax) sent to the members' last known facsimile number as evidenced by written receipt of such transmission; and

(d) telephone as evidenced by a written log maintained at the administrative office of the Commission.

(3) Notice of any regular or special meetings shall be presumed received on the date of the mailing or transmission of such notice as provided by these Rules.

(4) The Secretary shall provide each Commission member with a written agenda for the proposed meeting listing the items to be considered at such meeting in the same manner and within the same time periods as are required for notice of meetings. The agenda of any Commission meeting may be modified at such regular or special meeting of the Commission by a majority vote of the Commission members.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-17, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.09 Record Of The Commission

All Commission records shall be public records as provided by the open records act (Code of Ala. 1975, §36-12-40. Records of the Commission may be examined pursuant to the open records act during regular business hours of the Office of Water Resources. Certified copies of the official records of the Commission may be made and certified by the Secretary upon the payment of reasonable costs for copying and/or certification of such records, or as otherwise provided by law (Code of Ala. 1975, §36-12-41). Uncertified copies of the Commission records may be obtained, at cost, from the Office of Water Resources through the Secretary.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-17, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.10 Appearance, Presentation, Or Submission To The Commission

(1) Unless otherwise provided by the Commission's Rules, persons wishing to make an appearance, presentation or submission to the Commission shall notify the Secretary at least ten (10) days prior so the meeting at which the appearance, presentation or submission is to be made. The notice shall contain information so as to convey the essence of the appearance, presentation, or submission.

(2) If the Secretary determines that the appearance, presentation, or submission is of a technical engineering, scientific, or legal nature and will require detailed Commission staff review, then the Secretary, in consultation with the Chairperson, may postpone such appearance, presentation, or submission until the next meeting of the Commission.

(3) If any time frame requirement under this rule creates a significant adverse impact to any person, the Secretary, Chairperson, or Commission may waive the requirement.

(4) This rule shall not apply to any matter that is an administrative adjudication under the "Alabama Administrative Procedure Act" (Code of Ala. 1975, §§41-22-1, et seq.).

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-17, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.11 Order Of Business

The suggested order of business at regular meetings is

(l) Roll call and declaration of quorum;

(2) Reports of Officers and Committees;

(a) disposition of minutes of previous meeting(s);

(b) reports of other officers;

(c) committee reports;

(d) report of the Division Chief, Office of Water Resources;

(3) Appearance of persons or groups having business with the Commission;

(4) Old business;

(5) New business (items may be deferred or referred to Committees or Office of Water Resources staff, as necessary, for study and taken up at the next meeting);

(6) Presentations to the Commission by staff members of the Office of Water Resources, or by other groups; and

(7) Adjournment.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.12 Public Hearings For Informational Purposes

The Commission or the Office of Water Resources may conduct public hearings for the purpose of gathering information and public comment on any matters relating to the Act. Notice of any such public hearing shall be published not less than fifteen (15) days prior to the date of any public hearing in a newspaper of general circulation in Montgomery County, Alabama, or the county in which such hearing is to take place. The notice of public hearing shall provide the date, time and place of such public hearing, a statement of the purpose of such public hearing, and notice that any interested party shall be provided an opportunity to make comments, either for or against, the proposals to be considered at the public hearing.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-16, 9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-4-.13 Suspension Of Rules

The Commission may temporarily suspend any of its rules, not required by the Act, by a two-thirds (2/3) vote of the legally appointed members of the Commission. Such temporary suspension shall be effective for the duration of the meeting at which such action is taken.

History

• Author: Walter B.,Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.