440-X-3-.08 Procedure in the Event of Loss of a Certified Contractor

APA-1 Revj-eed 4 /2 018 TRANSMITTAI SHEET FOR NOTICE OE INTEI{DED ACTION

Control-_ Department or Agency: Board of Heating, Air Qorrdi!1Snl.r,S ! Ref r.igeration Contractors Rule No. 440-X-3-.08 Titfe: Procedure in The Event of Loss of a Certified Contractor RuIe New x Amend Repeal Adopt by Reference

Would the absence of the proposed rule s igni fi cantl y harm or endanqer the public hea.Ith, welfare, or safety? No Is there a reasonable relationship between the state's police power and the protection of the public health, safety, or welfare ? Yes Is there another, less restrj-ctive method of regul,ation available that could adequately protect the public? No Does the proposed rule have the effect of directly or indirectfy increasing the costs of any goods or services involved and, if so, to what degree? No Is the increase in cost. if any, more harmfu.L to the public than the harm that might result from the absence of the proposed ru.Ie? N/A Are a.Ll facets of the rulemaking process designed so.Iely for the purpose of. and so they have, as their primary effect, the protection of the pubf j-c? Yes

Does the proposed action relate to or affect in any manner any l-itigation which the agency is a party to concerning the subject matter of the proposed rule? \o

Does the proposed ru.Ie have an economic impact? \o If the proposed rule has an economic impact, the proposed rule is required to be accompanied by a fiscal note prepared in accordance with subsection (f) of Section 47-22-23, Code of Alabama 1975.

Certificat.ion of Authorized Officiaf I certify that the attached proposed rul-e has been proposed in full compliance with the requirements of chapter 22, Title 41, Code of Alabama 1975, and that it conforms to all appficable filing requirements of the Admj-nistrative Procedure Division of the Legislative Services Agency. Signature of certifyins orrr""rQrrnfu^-^^ ? Date: June 23 2427 -- -,t\-/ \- I N I ;A':I., i I,'J ) APA-2

AJ,abaEa Board of H€ating, Air Conditioning & Refrigeration Contlactors

NOTICE OF INEENDED ACTTON

AGENCY NAME:

Board of Heating, Air Condltioning & Refrigeration Contractors

RULE NO. & TITTE: 440-X-3-.08 Procedure in The Event of Loss of a Certified Contractor

INTENDED ACTION:

Amendment

SUBSTANCE OF PROPOSED ACTION:

To alloli for the issuance of an emerqency flcense upon the death or incapacitation of a certified heatlng, alr condltion.ing. or refrigeration contractor.

T IME PLACE MANNER OT PRESENTING V]EWS:

11:00 a.m. wednesday, September 75, 2A2\, 100 N. Union Street/ Suite 986, Montgomery, Alabama. 36104

EINAL DATE FOR COMMENT AND COMPLETION OF NOTICE: i,lritten comment will be accepted until 5:00 p,m , Friday. September 3t 2027, A11 conunents will be read before the Board oNS eptember 15t 2427 .

CONTACT PERSON AT AGENCY:

J r !xe tive Di rector 440-X-3-.08 Procedure 1n The Event of A the Loss or lncapacitation of a Certified Cont ractor (1) In the event a certified contractor ln responsible char.ge +eaiFeg separates by termlnation, layoff, or voluntary resignati-on from a partnership, corporation, business trust. or other legal entlty operating under t+e his or her certification e+he-€er#+ed eeri€raeler/ the certified contractor and entity shall notify the Board lrithin <-+Sf f ive (5) days f€-iq*atj-e6 of the separation by submitting a severance notification form prescribed by the Board The entity rnust irunediately cease entering aff contracts, both verbal qnd wrilten, and the i service and/o! repair of any heating and air conditioning or refrigeratlon svstem untif a certified contractor appfles to, and is .rpproved by, the Board as responsibfe in charge for. tire entity. Operat i ng r.iithout a certified contractor in responsible charge is a violation of Section 31-31-32(a) Code of A]abana, 1975.

(2) In the event of the death or incapacitation of a.H-ee*sed certified contractor, the Board shall be notified--r+i+hi:a-----t +HalA€-+y--alay

peFgsn--i.n--r€pen-s j bf e eharqe, T

gefv+ee aody'9r reirair e€ a., heaE+ngi a+r eond+Eieninq or refriqeration systems, un+ess trnder the d+reeEieE ef a eerE+f+ed eenEraeter in respensible eharqe ef Ehe +1sEa++atsienz serv'ee, or repa+r ef tshe

eontraeEor has been se+eeEedr Ehe bus+ness enE+Ey must neE+fy the Board e#eE.inwritingwithin45daysbyanypartnerShip, corporation, business tr.ust, or qqber 1eqal entity op€rating undqr. the certification of the deceased or incapacitated person in responsible charqe. These business entities are eligible to appfy for an emergency certifrcation on an application pr.escribed by the Board and must provlde a death certificate or official statement from a physician attesting to incapacitation. and new bond or bond rider. An emergency certification shal1 be active for no longer than 90 days before expiring. The entity may continue to enter new contracts and engaqe in the installation, service or repair of heating and air conditioninq or refriqeration sVstems whife the certification remains actlve. Once expired the entity must lrunediatefy cease enEering a1] cont rac t s both verbal and wri t ten and the installation servlce and/or repair of any heatinq and air conditioning or re frigerat i on system until- a certified contractor applies to, and is approved by, the Board as responsible in charge for the entity. Eailure to notify the Board of the death of a contractor is a violation of Section 34-31- 32la) code af Alabana, 1975

Author: @ix? Jeffrey M. Becraft Statutory Authority: Code of A1a. 1975, SS3a-31-18; 34-31-32; 41-9A-3. Hlstory: New Rule: Eiled ApriI 9, 2003; effective May 14, 2003. Amended: Filed August L4t 2OO9; effective septenrber 78t 2009. Amended: FiLed June 23, 202L;