Alabama Administrative Code Chapter 628-X-2 — Organization, Administration and Procedures of the Board

628 Alabama Onsite Wastewater Board

Ala. Admin. Code r. 628-X-2-.01 Purpose

The Alabama Onsite Wastewater Board was created to examine, license and regulate persons engaged in manufacturing, installation or servicing of onsite wastewater systems, including portable toilets, in Alabama. This Board was also created to establish the qualification levels for those engaged in the manufacture, installation, servicing, cleaning or pumping of onsite wastewater systems and equipment in Alabama and promote the proper manufacture, installation and servicing of onsite wastewater systems.

History

• Author: Mitchelene Shaddix, Angie Burkhalter
• Authority: Code of Ala. 1975, §§34-21A-1, et seq.
• New Rule: Filed May 19, 2000; effective June 23, 2000. Amended: Filed September 28, 2004; effective November 2, 2004.

Ala. Admin. Code r. 628-X-2-.02 Officers

The Board annually shall elect from its members a Chairman, Vice-Chairman, and a Secretary/ Treasurer. No Board member shall serve more than three consecutive one-year terms in any office. The Chairman shall preside over meetings of the Board when present and shall appoint all committees of the Board. The Vice-Chairman shall preside over meetings of the Board in the absence of the Chairman. The Chairman shall designate another member to preside at meetings from which both the Chairman and Vice-Chairman are absent.

History

• Author: Melissa Hines
• Authority: Code of Ala. 1975, SS34-21A-1, et seq.
• New Rule: Published October 31, 2019; effective December 15, 2019.
• Editor's note: New Rule .02 was added and the original Rule .02 was renumbered to .03 per certification published October 31, 2019; effective December 15, 2019.

Ala. Admin. Code r. 628-X-2-.03 Records Of The Board

All records maintained by the Board, unless protected by state statute or administrative regulation, are open for public inspection during regular business hours. Requests to review or obtain records should be submitted in writing to the Executive Director. All correspondence to the Board, including requests for information and all submissions of the requests should be made to the Executive Director at the Board’s office in Montgomery, Alabama.

History

• Author: Mitchelene Shaddix, Angie Burkhalter
• Authority: Code of Ala. 1975, §§34-21A-1, et seq.
• New Rule: Filed May 19, 2000; effective June 23, 2000. October 31, 2019; effective December 15, 2019.
• Editor's note: Original Rule .02 was renumbered to .03 per certification published October 31, 2019; effective December 15, 2019.

Ala. Admin. Code r. 628-X-2-.04 Meetings

The Board also shall meet quarterly in October, January, April and July of each year and at such other times as the Chairman may designate. Meetings will be governed by the Roberts Informal Rules of Order until such time as the Chairman feels because of meeting disorder the need to invoke the regular Roberts Rules of Order. A quorum of the board shall consist of not less than five of the duly appointed members present.

History

• Author: Mitchelene Shaddix, Angie Burkhalter
• Authority: Code of Ala. 1975, §§34-21A-1, et seq.
• New Rule: Filed May 19, 2000; effective June 23, 2000. Amended (Rule Number Only): Published October 31, 2019; effective December 15, 2019.
• Editor's note: Rule .03 was renumbered to .04 per certification published October 31, 2019; effective December 15, 2019.

Ala. Admin. Code r. 628-X-2-.05 Voting

All Board members are entitled to make or second motions. A majority of those members of the Board present and voting on any matter shall decide the matter before the Board, except that the Chairman of the board or other Board member presiding as Chairman shall rule upon all questions or procedure and, in the event evidence is taken, on the admissibility of that evidence, consistent with the requirements of Section 13 of the Alabama Administrative Procedures Act. The Chairman shall not regularly vote as a member of the Board, except that in the event of a tie vote, the Chairman shall vote to break the tie. All voting will be done at called meetings where Board members are present. A Board member who is present at any meeting of the board at which action is taken on any matter is presumed to have asserted to the action taken unless his dissent is entered in the minutes of the meeting. Any motion passed by the board requires a majority of the members present.

History

• Author: Mitchelene Shaddix, Angie Burkhalter
• Authority: Code of Ala. 1975, §§34-21A-1, et seq.
• New Rule: Filed May 19, 2000; effective June 23, 2000. Amended: Filed September 28, 2004; effective November 2, 2004. Amended: Filed April 24, 2009; effective May 29, 2009. Amended (Rule Number Only): Published October 31, 2019; effective December 15, 2019.
• Editor's note: Rule .04 was renumbered to .05 per certification published October 31, 2019; effective December 15, 2019.

Ala. Admin. Code r. 628-X-2-.06 Declaratory Rulings

The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of any 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 the petitioner is substantially affected by the rule in question, and sufficient facts are supplied in the request to permit the Board to make a valid determination, and (b) the request arises from an actual question or controversy. The request for a declaratory ruling must be in writing. All properly submitted petitions shall be ruled upon by the Board within ninety calendar days of receipt beginning on the first State of Alabama business day that the petition is received in the office of the Executive Director. If the petition is determined to present an inappropriate request, the Executive Director shall promptly return the petition to the petitioner along with a brief explanation for return.

History

• Author: Mitchelene Shaddix, Angie Burkhalter
• Authority: Code of Ala. 1975, §§34-21A-1, et seq.
• New Rule: Filed May 19, 2000; effective June 23, 2000. Amended: Filed January 13, 2011; effective February 17, 2011. Amended (Rule Number Only): Published October 31, 2019; effective December 15, 2019.
• Editor's note: Rule .05 was renumbered to .06 per certification published October 31, 2019; effective December 15, 2019.

Ala. Admin. Code r. 628-X-2-.07 Advisory Opinions

The Board may, in its discretion, issue an advisory opinion to any licensee, governmental official, or entity substantially affected by a rule or statute enforceable by the Board. Board advisory opinions may address but not necessarily be limited to the applicability of such rule or statute to the licensee, official, or entity or to a meaning and scope of any order of the Board. A request for any advisory opinion must be in writing and must specifically state it is a “request for an advisory opinion.”

History

• Author: Mitchelene Shaddix, Angie Burkhalter
• Authority: Code of Ala. 1975, §§34-21A-1, et seq.
• New Rule: Filed May 19, 2000; effective June 23, 2000. Amended (Rule Number Only): Published October 31, 2019; effective December 15, 2019.
• Editor's note: Rule .06 was renumbered to .07 per certification published October 31, 2019; effective December 15, 2019.

Ala. Admin. Code r. 628-X-2-.08 Petition For Adoption, Amendment Or Repeal Of Rules

Any person who wishes to propose that the Board adopt, amend, or repeal any rule may do so on the form prescribed by the Board and available from the Executive Director. The Board shall meet and consider any petition of adoption, repeal, or amendment within ninety days of its submission.

History

• Author: Mitchelene Shaddix, Angie Burkhalter
• Authority: Code of Ala. 1975, §§34-21A-1, et seq.
• New Rule: Filed May 19, 2000; effective June 23, 2000. Amended: Filed August 1, 2012; effective September 5, 2012. Amended (Rule Number Only): Published October 31, 2019; effective December 15, 2019.
• Editor's note: Rule .07 was renumbered to .08 per certification published October 31, 2019; effective December 15, 2019.