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CHAPTER 465-X-2 ORGANIZATION, ADMINISTRATION & PROCEDURE TABLE OF CONTENTS
465-X-2-.01 Purpose. The Alabama Home Builders Licensure Board was created to regulate the home building, residential construction, and remodeling industries and to provide home building standards in the state of Alabama. Authors: David R. Boyd, Dorman Walker, Lois Woodward
465-X-2-.02 Officers. The Board annually shall elect from its members a Chairman, Vice Chairman and Secretary/Treasurer. The Chairman shall exercise general supervision of the Board's affairs, shall preside at all meetings when present, shall appoint all committees, sign all vouchers or, on approval of the Board, may delegate this duty to the Executive Director, and shall perform all other duties pertaining to this office. The Vice Chairman, in the absence of the Chairman, shall perform all the duties of the Chairman. Authors: David R. Boyd, Dorman Walker, Lois Woodward, Kathy Perry Brasfield
465-X-2-.03 Executive Director; Board Members (1) The Board shall select and employ an Executive Director
who shall be responsible for the administration of Board policies. The Executive
Director shall fulfill the duties assigned to the executive secretary, secretary/treasurer, or secretary in the Act and Alabama Administrative
Procedure Act. The Executive Director shall be designated as the agent for the
Board for service of legal process upon the Board; act as its recording and
corresponding secretary and shall have custody of and shall safeguard and keep
in good order all property and records of the Board; cause written minutes of
every meeting of the Board to be kept in the book of minutes of this Board; sign
all instruments and matters that require approval of the Board; act as Treasurer
and receive and deposit all funds to the credit of either the "Home Builders
Licensure Board Fund," the "Property Acquisition Fund," or the "Homeowners'
Recovery Fund" in the state treasury; sign all bills before requesting the state
comptroller to make payment of any accounts; and perform such other duties as
the Board, the Chairman, the Vice Chairman, or the Secretary/Treasurer may
assign. The records kept shall include, without limitation, all license
applications and supporting documentation and information; all other evidence of
the important business transactions of the Board; a complete and permanent
record of all applications rejected, licenses issued, and the findings of the
Board regarding all examinations; all enforcement and disciplinary actions
taken by the Board; all jurisdictions covered by the Act; and a correct
permanent record and account of the monies and funds of the Board kept in
accordance with sound accounting principles. Upon the Board's instruction, the
Executive Director may issue licenses in accordance with the standards
established by the Board. 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.
465-X-2-.04 Meetings. (1) Within 30 days after the annual appointment of new members, the Board shall meet for the purpose of organizing and transacting such business as may properly come before it.(2) The Board also shall meet at such other times as the Chairman may designate. A majority of the members of the Board also may call a special meeting of the Board. (3) Each member of the Board shall be given at least ten days' notice of the time, place, and purpose of any regular or special meeting, unless such notice is waived by the individual member or unless such member is present at the called meeting. The Executive Director shall cause such reasonable notice of the meetings of the Board to be given to the media as shall be appropriate under the circumstances. Authors: David R. Boyd, Dorman Walker, Lois Woodward Statutory Authority: Code of Ala. 1975, §§ 34-14A-4, 34-14A-11. History: Original Rule and Emergency Rule filed March 22, 1993; Emergency Rule effective March 22, 1993; Permanent Rule effective June 16, 1993; Amendment and Emergency Amendment filed June 20, 1994; Emergency Amendment effective June 20, 1994; Amendment effective October 28, 1994. Amended: Filed March 7, 2008; effective April 11, 2008.
465-X-2-.05 Voting. All Board members, including the Chairman, are entitled to make or second motions. A majority of those members of the Board present and voting on any matter shall decide that matter before the Board, except that the Chairman of the Board or other Board member presiding as Chairman shall rule upon all questions of 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. Authors: David R. Boyd, Dorman Walker, Lois Woodward
465-X-2-.06 Roster of Licensees. Beginning in 1994, the Board shall publish by March 31 of each year a complete roster of all licenses issued and renewed for that calendar year and of all counties and municipalities covered by the Act as of the date of the roster. Copies of the roster shall be made available from the Executive Director at cost, which cost shall be estimated and set from time to time by resolution of the Board; provided, however, the Executive Director shall send a free copy of the roster to the chief building official of each county and municipality covered by the Act. Authors: David R. Boyd, Dorman Walker, Lois Woodward
465-X-2-.07 Applicability of the Act.
465-X-2-.08 Declaratory Rulings. (1) 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, (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 be filed on the form prescribed by the Board. (3) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Section 11. Authors: David R. Boyd, Lois Woodward
465-X-2-.09 Advisory Opinion. (1) 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 set of facts hypothetically involving a licensee, official, or entity, or may address the meaning and scope of any order of the Board. (2) A request for any advisory opinion must be in writing and must specifically state that it is a "request for an advisory opinion." Authors: David R. Boyd, Lois Woodward
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