[{"id":24422,"codeId":48348,"versionId":40444,"parentId":48347,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-40","shortTitle":"Section 25-7-40","catchLine":"Short Title.","title":"Section 25-7-40 Short Title.","sectionRange":null,"content":"

This article shall be known and cited as the Alabama Uniform Minimum Wage and Right-to-Work Act.

","history":"(Act 2016-18, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24844,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24423,"codeId":48349,"versionId":40445,"parentId":48347,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-41","shortTitle":"Section 25-7-41","catchLine":"Definitions; Limitations on Compensation and Employment Benefits Not Required by State or Federal Laws.","title":"Section 25-7-41 Definitions; Limitations on Compensation and Employment Benefits Not Required by State or Federal Laws.","sectionRange":null,"content":"

(a) For purposes of this article, the following words have the following meanings:

(1) DISCRIMINATION. An action by an employer or a distinction by an employer that adversely affects an employee or job applicant based on a group, class, or category to which that person belongs.

(2) EMPLOYEE. An individual employed in this state by an employer or a natural person who performs services for an employer for valuable consideration and does not include a self-employed independent contractor.

(3) EMPLOYER. A person engaging in any activity, enterprise, or business in this state employing one or more employees, or a person, association, or legal or commercial entity receiving services from an employee or independent contractor and, in return, giving compensation of any kind to such employee or independent contractor.

(4) FEDERAL LABOR LAWS. The National Labor Relations Act, compiled in 29 U.S.C., Section 151 et seq., and the Labor Management Relations Act, compiled in 29 U.S.C., Section 141 et seq., as amended, presidential executive orders, and federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution, as amended.

(5) INDEPENDENT CONTRACTOR. A self-employed individual who does not meet the definition of employee, as provided in this article, but otherwise does meet the definition of independent contractor as defined by the Internal Revenue Service.

(6) LABOR PEACE AGREEMENT. An arrangement between a union and employer under which one or both entities agree to waive certain rights under federal law with regard to union organizing and related activity.

(7) MULTI-EMPLOYER ASSOCIATION. A bargaining unit composed of independent employers who associate together to negotiate jointly with one or more labor organizations representing the employees of the independent employers within the bargaining unit.

(8) PROJECT LABOR AGREEMENT. A collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project before employees are hired to work on such project.

(9) STATE. The State of Alabama and its agencies, departments, commissions, bureaus, and offices including, but not limited to, the Legislature.

(b) A county, municipality, or any other political subdivision of this state shall not enact or administer any ordinance, policy, rule, or other mandate requiring an employer to provide any employee, class of employees, or independent contractor with any employment benefit, including, but not limited to, paid or unpaid leave, vacation, wage, or work schedule, that is not required by state or federal law, and shall not require an employer to compensate an employee, class of employees, or independent contractor for any vacation or other form of leave for which state or federal law does not require the employee, class of employees, or independent contractor to be compensated.

(c) Any ordinance, policy, rule, or other mandate of a county, municipality, or any other political subdivision of this state that is inconsistent with this section is void.

","history":"(Act 2016-18, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24845,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24424,"codeId":48350,"versionId":40446,"parentId":48347,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-42","shortTitle":"Section 25-7-42","catchLine":"Limitations on Labor Peace Agreements, Etc.; Rights Under Federal Labor Laws; Project Labor Agreements.","title":"Section 25-7-42 Limitations on Labor Peace Agreements, Etc.; Rights Under Federal Labor Laws; Project Labor Agreements.","sectionRange":null,"content":"

(a) A county, municipality, or any other political subdivision of this state shall not enact or administer any ordinance, rule, policy, or other mandate that creates requirements, regulations, or processes relating to labor peace agreements or similar agreements. Any ordinance, policy, rule, or other mandate of a county, municipality, or any other political subdivision of this state that is inconsistent with this section is void.

(b)(1) No law, rule, or ordinance shall impose any contractual, zoning, permitting, licensing, or other condition that requires any employer or employee to waive his or her rights under the National Labor Relations Act, compiled in 29 U.S.C. § 151 et seq.

(2) No law, rule, regulation, or ordinance shall require, in whole or in part, any employer or multi-employer association to accept or otherwise agree to any provisions that are mandatory or non-mandatory subjects of collective bargaining under federal labor laws, including, but not limited to, any limitations on an employer or multi-employer association’s rights to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; provided, this subsection shall not invalidate or otherwise restrict the state from requiring the use of project labor agreements to the extent permissible under federal labor laws.

(3) This subsection shall be interpreted and enforced in a manner that is consistent with the National Labor Relations Act, compiled in 29 U.S.C. § 151 et seq.

(4) Any agreement, contract, understanding, or practice, written or oral, implied or expressed, between any employer and any labor organization containing requirements in violation of this subsection is declared to be unlawful, null and void, and of no legal effect.

(5) An employer or employee may seek injunctive relief in the Circuit Court of Montgomery County for violations of the provisions of this section.

(c)(1) The state shall retain the exclusive authority to require an employer or multi-employer association to enter into a project labor agreement.

(2) This subsection does not prohibit an employer or any other person covered by the National Labor Relations Act, compiled in 29 U.S.C., Section 151, from entering into project labor agreements or engaging in any other activity protected by law. This subsection may not be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act.

(3) Relief that would interfere with the labor relations of persons covered by the National Labor Relations Act may not be granted under the provisions of this subsection.

","history":"(Act 2016-18, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24846,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24425,"codeId":48351,"versionId":40447,"parentId":48347,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-43","shortTitle":"Section 25-7-43","catchLine":"Exceptions.","title":"Section 25-7-43 Exceptions.","sectionRange":null,"content":"

Notwithstanding any provision of this article to the contrary, nothing in this article shall apply to those state employers or employees in state service as defined in Section 36-26-2, or to public employers and employees of state or local educational institutions or systems, or to any ordinance, rule, policy, or other mandate enacted by a county, municipality, or political subdivision of this state relating specifically to public employees or a class of employees employed by or independent contractors hired by the county, municipality, or any other political subdivision.

","history":"(Act 2016-18, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24847,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24426,"codeId":48352,"versionId":40448,"parentId":48347,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-44","shortTitle":"Section 25-7-44","catchLine":"Severability.","title":"Section 25-7-44 Severability.","sectionRange":null,"content":"

If a court determines that any portion of this article cannot be applied to a particular county, municipality, or other political subdivision of this state, this article shall remain in full force and effect for every other county, municipality, and other political subdivision of this state.

","history":"(Act 2016-18, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24848,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24427,"codeId":48353,"versionId":40449,"parentId":48347,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-45","shortTitle":"Section 25-7-45","catchLine":"Purpose; Legislative Intent.","title":"Section 25-7-45 Purpose; Legislative Intent.","sectionRange":null,"content":"

(a) The purpose of this section is to establish within the Legislature complete control over regulation and policy pertaining to collective bargaining under federal labor laws or the wages, leave, or other employment benefits provided by an employer to an employee, class of employees, or independent contractor in order to ensure that such regulation and policy is applied uniformly throughout the state.

(b) Except as otherwise provided in this article or as expressly authorized by a statute of this state, the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon collective bargaining under federal labor laws or the wages, leave, or other employment benefits provided by an employer to an employee, class of employees, or independent contractor to the complete exclusion of any policy, ordinance, rule, or other mandate promulgated or enforced by any county, municipality, or other political subdivision of this state.

(c) The authority of a county, municipality, or other political subdivision of this state to regulate collective bargaining under federal labor laws or the wages, leave, or other benefits provided by an employer to an employee, class of employees, or independent contractor shall not be inferred from its proprietary authority, home rule status, or any other inherent or general power.

(d) Any existing policies, ordinances, rules, or other mandates promulgated or enforced contrary to the terms of this section are null and void, and any future policy, ordinance, rule, or other mandate shall comply with this section.

","history":"(Act 2016-18, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24849,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24428,"codeId":2093,"versionId":null,"parentId":2003,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Local Boards of Arbitration.","title":"Article 3 Local Boards of Arbitration.","sectionRange":"§25-7-50 to §25-7-54","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24850,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24429,"codeId":2095,"versionId":1625,"parentId":2093,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-50","shortTitle":"Section 25-7-50","catchLine":"Composition; Appointment of Members.","title":"Section 25-7-50 Composition; Appointment of Members.","sectionRange":null,"content":"

A grievance or dispute between an employer and his employees may be submitted to a local board of arbitrators, consisting of three persons, for hearing and settlement. When the employees concerned are members in good standing of a labor organization, one arbitrator may be appointed by such organization and one by the employer. The two so designated shall appoint a third, who shall be chairman of the board. If such employees are not members of a labor organization, a majority thereof at a meeting duly called for that purpose may designate one arbitrator for such board.

","history":"(Acts 1911, No. 234, p. 320; Code 1923, §7608; Code 1940, T. 26, §338.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24851,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24430,"codeId":2098,"versionId":1628,"parentId":2093,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-51","shortTitle":"Section 25-7-51","catchLine":"Oath and Consent of Members; Secretary; Notice of Board Proceedings; Powers of Board as to Witnesses.","title":"Section 25-7-51 Oath and Consent of Members; Secretary; Notice of Board Proceedings; Powers of Board as to Witnesses.","sectionRange":null,"content":"

Before entering upon his duties, each arbitrator so selected shall sign a consent to act and take and subscribe an oath to faithfully and impartially discharge his duties as such arbitrator, which consent and oath shall be filed in the office of the clerk of the circuit court of the county or counties where the controversy arose. When such board is ready for the transaction of business, it shall select one of its members to act as secretary, and notice of the time, place, and hearing shall be given to the parties to the controversy. The local board may, through its chairman, subpoena witnesses, compel their attendance, and take and hear testimony as is provided in Section 25-7-4 for the board of mediation.

","history":"(Acts 1911, No. 234, p. 320; Code 1923, §7609; Code 1940, T. 26, §339.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24852,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24431,"codeId":2102,"versionId":1631,"parentId":2093,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-52","shortTitle":"Section 25-7-52","catchLine":"Compensation of Members.","title":"Section 25-7-52 Compensation of Members.","sectionRange":null,"content":"

Each member of such local board shall receive as compensation for his services, $4.00 for each day actually engaged in such hearing.

","history":"(Acts 1911, No. 234, p. 320; Code 1923, §7610; Code 1940, T. 26, §340.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24853,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24432,"codeId":2105,"versionId":1633,"parentId":2093,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-53","shortTitle":"Section 25-7-53","catchLine":"Decision of Board.","title":"Section 25-7-53 Decision of Board.","sectionRange":null,"content":"

The local board shall, within 10 days after the close of the hearing, render a written decision signed by them, giving such details as clearly show the nature of the controversy and the questions decided by them. One copy of the decision shall be filed in the office of the clerk of the circuit court of the county or counties where the controversy arose. One copy shall be forwarded to the Department of Labor, to the Governor, and to each of the parties to the controversy.

","history":"(Acts 1911, No. 234, p. 320; Code 1923, §7611; Code 1940, T. 26, §341.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24854,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24433,"codeId":2111,"versionId":1637,"parentId":2093,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-7-54","shortTitle":"Section 25-7-54","catchLine":"Costs.","title":"Section 25-7-54 Costs.","sectionRange":null,"content":"

The witness fees and the fees of the local arbitrators as provided in this article shall be taxed against the parties to said arbitrations equally.

","history":"(Acts 1911, No. 234, p. 320; Code 1923, §7613; Acts 1939, No. 161, p. 232; Code 1940, T. 26, §342.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24855,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24434,"codeId":2124,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8","shortTitle":"Chapter 8","catchLine":"Child Labor.","title":"Chapter 8 Child Labor.","sectionRange":"§25-8-32 to §25-8-61","content":null,"history":null,"numChildren":32,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24856,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24435,"codeId":2125,"versionId":30444,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-32","shortTitle":"Section 25-8-32","catchLine":"Legislative Findings and Intent.","title":"Section 25-8-32 Legislative Findings and Intent.","sectionRange":null,"content":"

The Legislature has found that Alabama law has not kept pace with federal standards regulating the employment of minors to the extent that it has become increasingly difficult for employers to comply with conflicting state and federal child labor requirements.

Accordingly, numerous changes are necessary to make the child labor laws of Alabama compatible with the United States Department of Labor regulations governing the employment of minors in nonagricultural occupations. Similarly, there is also a need to remove anachronistic language and make clarifications to existing standards.

In view of the foregoing findings, the Legislature through this chapter intends to do all of the following:

(1) Conform with 17 federal hazardous orders.

(2) Remove exemptions for domestic service and the grading or handling, or both, of agricultural products.

(3) Add a restriction for occupations which involve working at heights exceeding six feet, as well as working in junk yards, scrap metal yards, or lumber yards.

(4) Set hour restrictions which coincide with federal law for 14- and 15-year-olds.

(5) Clarify waiver of school attendance which allows 14- and 15-year-olds to work until 9:00 p.m.

(6) Require employers to post hour restrictions and work schedules for employees under 18 years of age, and add a meal break requirement for 14- and 15-year-olds.

(7) Increase age requirements from 12 to 14 years of age to sell items on streets, and from 10 to 12 years of age to deliver newspapers.

(8) More clearly define prohibited occupations and places of employment for minors under 18 years of age.

(9) Prohibit persons under 18 years of age from performing nude or partially nude in any business establishment.

(10) Exempt federally funded summer youth program personnel from obtaining work permits.

(11) Add a “whistleblower” provision protecting employees and other individuals from being discriminated against as a result of disclosing information, making a charge, or refusing to obey an illegal order.

(12) Increase the penalty for street trades violations from ten dollars ($10) to fifty dollars ($50) to one hundred dollars ($100) to five hundred dollars ($500) per violation.

(13) Require reporting of names of child models under 18 years of age, placing responsibility on employers and parents for the care and schooling of the child and for ensuring that school performance will not suffer due to a child working.

","history":"(Acts 1995, No. 95-604, p. 1263, §1; Act 2009-565, p. 1654, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24857,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24436,"codeId":37979,"versionId":51129,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-32.1","shortTitle":"Section 25-8-32.1","catchLine":"Definitions.","title":"Section 25-8-32.1 Definitions.","sectionRange":null,"content":"

For purposes of this chapter, the following words and phrases have the following meanings:

(1) DEPARTMENT. The Department of Workforce.

(2) EMPLOY. To permit or suffer to work with or without compensation.

(3) EMPLOYEE. Any individual employed by an employer, but shall not include an individual engaged in the activities of an educational, charitable, religious, scientific, historical, literary, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services rendered are on a voluntary basis.

(4) EMPLOYER. Any owner or any individual, entity, franchise, corporation, or division of a corporation, government agency, or association of persons acting directly as, in behalf of, or in the interest of any employer in relation to employees, including the state and any political subdivision thereof.

(5) SECRETARY. The Secretary of the Department of Workforce.

(6) VIOLATION. A failure by an employer, officer, agent, or any other person to comply with any applicable provision of the child labor law.

","history":"(Act 2009-565, p. 1654, §1; Act 2012-231, p. 424, §1; Act 2024-352, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24858,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24437,"codeId":37980,"versionId":30726,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-32.2","shortTitle":"Section 25-8-32.2","catchLine":"Child Labor Administrative Trust Fund.","title":"Section 25-8-32.2 Child Labor Administrative Trust Fund.","sectionRange":null,"content":"

(a) The Child Labor Administrative Trust Fund is established in the State Treasury into which shall be deposited certain assessments under this chapter collected by the department. The fund shall constitute a separate fund to be disbursed by the state Comptroller on order of the secretary. For two years following May 19, 2009, the child labor division of the department shall be funded from the State General Fund after which expenses incurred by the child labor division of the department under the child labor law, including the salaries of all employees, travel cost, and costs of administration and enforcement as may become necessary, either within or without the state, shall be paid from the trust fund in the State Treasury upon warrants of the state Comptroller drawn upon the State Treasury from time to time when vouchers therefor are approved by the secretary. For the two years referred to in the previous sentence, the amount contributed from the State General Fund in each of those years for expenses incurred by the child labor division shall not exceed the fiscal year 2009 amount of General Fund money funding this division. The State Treasurer shall pay moneys from the separate fund upon the order of the secretary. The total expense for every purpose incurred shall not exceed the total assessment collected and paid into the fund. No funds shall be withdrawn or expended except those budgeted and allocated in accordance with Article 4, commencing with Section 41-4-80, of Chapter 4 of Title 41. All moneys remaining unexpended in the separate fund at the end of the fiscal year shall remain in the State Treasury to be expended as herein provided.

(b) The State Treasurer shall determine if the money in the trust fund shall be kept in cash or invested. The moneys in the fund may be invested by the State Treasurer and all moneys and interest remaining unexpended in the separate fund provided at the end of the fiscal year shall remain in the State Treasury to be expended as herein provided.

(c) The secretary is designated as trustee of the fund and the State Treasurer is designated as custodian of the fund, and both shall furnish bonds in amounts deemed appropriate. The cost of bonds for the trustee, custodian, and other employees or officials required to post bond in connection with the program shall be paid out of the fund.

(d) The department shall provide by rule for the collection of the amounts assessed against each person, entity, franchise, corporation, or division of a corporation. The amounts shall be paid at the time of application for the Class I and Class II Child Labor Certificates.

(e) All money collected pursuant to this section, with the exception of civil penalties, shall be deposited in the Child Labor Administrative Trust Fund. Civil penalties collected pursuant to Section 25-8-59 shall be distributed as provided in Section 25-8-59.

","history":"(Act 2009-565, p. 1654, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24859,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24438,"codeId":2130,"versionId":43731,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-33","shortTitle":"Section 25-8-33","catchLine":"Persons Under 16 Years of Age Prohibited from Working; Exceptions; Evidence of Employment.","title":"Section 25-8-33 Persons Under 16 Years of Age Prohibited from Working; Exceptions; Evidence of Employment.","sectionRange":null,"content":"

(a) No individual under 16 years of age shall be employed, except in agricultural service, and except as otherwise provided in this chapter. Any individual 14 or 15 years of age may be employed outside school hours and during school vacation periods, so long as the individual is not employed in, about, or in connection with, any manufacturing or mechanical establishment, cannery, mill, workshop, warehouse, or machine shop or in any occupation or place of employment otherwise prohibited by law. The presence of any individual under 18 years of age in any restricted business establishment or restricted occupation shall be prima facie evidence of his or her employment in the business establishment or occupation.

(b)(1) This section does not apply to an individual 14 years of age or 15 years of age when both of the following are true:

a. The individual is enrolled in either a youth pre-apprenticeship program, youth industry-registry apprenticeship program, or similar program in which employment and work-based learning are an integral part of the course of study.

b. The program the individual is enrolled in is registered by the Alabama Office of Apprenticeship.

(2) This section does not apply to employment procured by an individual 14 years of age or 15 years of age when the employment is supervised through the Alabama Department of Education and approved by the Alabama Department of Workforce.

","history":"(Acts 1919, No. 629, p. 867; Code 1923, §3494; Code 1940, T. 26, §343; Acts 1947, No. 613, p. 460, §1; §25-8-1; Acts 1995, No. 95-604, p. 1263, §2; Act 2012-231, p. 424, §1; Act 2019-527, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24860,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24439,"codeId":2134,"versionId":24275,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-34","shortTitle":"Section 25-8-34","catchLine":"Department of Labor May Declare Place or Occupation Dangerous or Injurious.","title":"Section 25-8-34 Department of Labor May Declare Place or Occupation Dangerous or Injurious.","sectionRange":null,"content":"

The Alabama Department of Labor, hereinafter referred to as “the department,” may declare any place or occupation dangerous to life or limb or injurious to health or morals of persons under 18 years of age.

","history":"(Acts 1995, No. 95-604, p. 1263, §3; Act 2000-706, p. 1479, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24861,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24440,"codeId":2137,"versionId":43732,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-35","shortTitle":"Section 25-8-35","catchLine":"Prohibited Occupations and Places for Individuals Under 16 Years of Age.","title":"Section 25-8-35 Prohibited Occupations and Places for Individuals Under 16 Years of Age.","sectionRange":null,"content":"

(a) No individual under 16 years of age shall be employed, permitted, or suffered to work at any of the following occupations, positions, or places:

(1) Operating or assisting in operating any sandpaper or wood polishing machinery, any washing, grinding, or mixing machinery, or commercial laundry equipment.

(2) Operating or assisting in operating any machines used in picking wool, cotton, hair, or any other material.

(3) In any work in or about a rolling mill, machine shop, or manufacturing establishment which is hazardous or dangerous to health, limb, or life.

(4) In proximity to any hazardous or unguarded gearing.

(5) Upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this state.

(6) In the manufacture or packing of paints, colors, or white or red lead.

(7) In occupations causing dust in injurious quantities.

(8) In soldering, brazing, heat treating, or welding.

(9) In the building trades, except that individuals 14 or 15 years of age who are members of the immediate family of the contractor may be employed in trades involving nonhazardous duties or occupations.

(10) Repairing, painting, or cleaning buildings or structures while working at the top of ladders, lifts, or scaffolds exceeding a height of six feet.

(11) In connection with a junk or scrap metal yard.

(12) Assorting, manufacturing, or packing tobacco.

(13) Operating any automobile, truck, or motor vehicle, or flagging or directing traffic.

(14) In airport hangars or landing strips or taxi and maintenance aprons.

(15) In connection with any lumberyard.

(16) In any place or occupation which the department declares dangerous to life or limb or injurious to the health or morals of individuals under 16 years of age.

(17) Selling of fireworks, unless under the direct supervision of an individual at least 18 years of age.

(b)(1) This section does not apply to an individual 14 years of age or 15 years of age when both of the following are true:

a. The individual is enrolled in either a youth pre-apprenticeship program, youth industry-registry apprenticeship program, or similar program in which employment and work-based learning are an integral part of the course of study.

b. The program the individual is enrolled in is registered by the Alabama Office of Apprenticeship.

(2) This section does not apply to employment procured by an individual 14 years of age or 15 years of age when the employment is supervised through the Alabama Department of Education and approved by the Alabama Department of Workforce.

","history":"(Acts 1995, No. 95-604, p. 1263, §4; Act 2009-565, p. 1654, §3; Act 2019-527, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24862,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24441,"codeId":2142,"versionId":24276,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-36","shortTitle":"Section 25-8-36","catchLine":"Time Restrictions.","title":"Section 25-8-36 Time Restrictions.","sectionRange":null,"content":"

(a) No person 14 or 15 years of age shall be employed, permitted, or suffered to work in any gainful occupation for more than six days in any one week, or for more than 40 hours in any one week, or for more than eight hours in any one day, or before 7:00 a.m. or after 9:00 p.m. during school summer vacation. During the time school is in regular session, no person 14 or 15 years of age shall be employed, permitted, or suffered to work in any gainful occupation for more than six days in any one week, or for more than eight hours on a non-school day, or more than three hours on a school day, or for more than 18 hours in any school week, and not before 7:00 a.m. or after 7:00 p.m.

(b) No person 16, 17, or 18 years of age, who is enrolled in any public or private primary or secondary school system, shall work between 10:00 p.m. and 5:00 a.m. on any night preceding a school day. The appropriate county or city superintendent of schools, or where there is no superintendent, the school headmaster, may grant exemptions to the above time restrictions. Exemptions shall be granted only when the individual circumstances are found to be in the best interests of the minor. Information of any exemptions granted shall be transmitted to a child labor inspector on a form authorized by him or her.

","history":"(Acts 1995, No. 95-604, p. 1263, §5; Act 2000-706, p. 1479, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24863,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24442,"codeId":2145,"versionId":30445,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-37","shortTitle":"Section 25-8-37","catchLine":"Employment During Schools Hours; Employment of Persons 14 or 15 Years of Age Upon Waiver of School Attendance.","title":"Section 25-8-37 Employment During Schools Hours; Employment of Persons 14 or 15 Years of Age Upon Waiver of School Attendance.","sectionRange":null,"content":"

(a) No person under 16 years of age shall be employed, permitted, or suffered to work in any occupation during the hours in which the public schools of the district in which the person resides are in session, unless the minor has completed the course of study required for secondary schools. Persons 14 or 15 years of age, when school attendance has been waived, upon recommendation of the local superintendent of education and approval by a child labor inspector, may be permitted to work in a nonhazardous occupation.

(b) Employment authorized by this section shall not be for more than eight hours in any one day, or for more than 40 hours in any one week, or for more than six days in any one week, and not before 7:00 a.m. or after 9:00 p.m.

","history":"(Acts 1995, No. 95-604, p. 1263, §6; Act 2000-706, p. 1479, §1; Act 2009-565, p. 1654, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24864,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24443,"codeId":2151,"versionId":34424,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-38","shortTitle":"Section 25-8-38","catchLine":"Posting of Notice of Law; Time Records; Meal or Rest Period; Child Labor Certificate.","title":"Section 25-8-38 Posting of Notice of Law; Time Records; Meal or Rest Period; Child Labor Certificate.","sectionRange":null,"content":"

(a) Every employer shall keep posted in a conspicuous place where any person under 19 years of age is employed, a printed notice stating the maximum number of hours persons under 19 may be permitted to work on each day of the week as set out in Section 25-8-36. The printed form of the notice shall be furnished by the department. The employment of any person for a longer time period in any day so stated, or at any time other than as stated in the printed form of notice, shall be deemed a violation of this chapter.

(b) Subject to subsection (c), each employer shall keep on the premises at which any person under 19 years of age is employed a completed Employee Information Form and proof of age. Each employer shall also keep on the premises at which any person under 19 years of age is employed, in electronic or photostatic form, time records for the 60 days preceding the last day of the last work period recorded for each employee under 19 years of age, which shall state the number of hours worked each day, starting and ending times, and break times. Each employer shall also maintain, either on the premises where the employee under 19 years of age is employed or at a centralized location, the records required by this section for not less than 1 year preceding the last day of the last work period recorded for each employee under 19 years of age.

(c) For the purposes of this section, the Employee Information Form shall be provided by the department and shall include the employee’s name, home address, telephone number, date of birth, date of hire, and school of attendance. Any employer who does not utilize the Employee Information Form shall maintain on the premises documents containing the employee’s name, home address, telephone number, date of birth, date of hire, and school of attendance for each employee under 19 years of age.

(d) For the purposes of this section, documentation of proof of age may include a copy of a birth certificate, a copy of a driver’s license, or an identification card issued by a federal, state, or local government agency provided the identification card contains the name and date of birth of the employee.

(e) No person 14 or 15 years of age shall be employed for more than five hours continuously without a documented interval of at least 30 minutes for a meal or rest period. Any meal or rest period of less than 30 minutes shall not be considered to interrupt a continuous period of work.

(f) Any employer required to obtain a Child Labor Certificate from the department shall keep the certificate posted at a public and conspicuous location at all times.

","history":"(Acts 1995, No. 95-604, p. 1263, §7; Act 2009-565, p. 1654, §3; Act 2012-231, p. 424, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24865,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24444,"codeId":2155,"versionId":30446,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-39","shortTitle":"Section 25-8-39","catchLine":"Age Requirements for Street or Public Place Occupations; Exemptions.","title":"Section 25-8-39 Age Requirements for Street or Public Place Occupations; Exemptions.","sectionRange":null,"content":"

(a) No person under 14 years of age shall distribute, sell, expose, or offer for sale newspapers, magazines, periodicals, candy, or other articles, be employed or permitted or suffered to work in any other trade or occupation performed in any street or public place.

(b) The following organizations are exempt from the requirements of subsection (a): Educational, charitable, religious, scientific, historical, literary, or nonprofit organizations where the employer-employee relationship does not, in fact, exist or where the services rendered to such organization are on a voluntary basis or any other activity as designated by the commissioner.

","history":"(Acts 1995, No. 95-604, p. 1263, §8; Act 2009-565, p. 1654, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24866,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24445,"codeId":2160,"versionId":30447,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-40","shortTitle":"Section 25-8-40","catchLine":"Restrictions for Minors Engaging in Street or Public Place Occupations.","title":"Section 25-8-40 Restrictions for Minors Engaging in Street or Public Place Occupations.","sectionRange":null,"content":"

(a) No person under 16 years of age shall engage in any of the occupations mentioned in Section 25-8-39 after 7:00 p.m. or before 5:00 a.m. of any day.

(b) No person, entity, franchise, corporation, or division of a corporation shall employ, permit, or suffer a minor under 16 years of age to work at any of the occupations mentioned in Section 25-8-39 after 7:00 p.m. or before 5:00 a.m. of any day.

","history":"(Acts 1995, No. 95-604, p. 1263, §9; Act 2009-565, p. 1654, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24867,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24446,"codeId":2164,"versionId":1674,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-41","shortTitle":"Section 25-8-41","catchLine":"Official May Investigate and Revoke Permit Given for Street or Public Place Occupation.","title":"Section 25-8-41 Official May Investigate and Revoke Permit Given for Street or Public Place Occupation.","sectionRange":null,"content":"

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.

","history":"(Acts 1995, No. 95-604, p. 1263, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24868,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24447,"codeId":2166,"versionId":1676,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-42","shortTitle":"Section 25-8-42","catchLine":"Minors Violating Provisions as to Street or Public Place Occupations Deemed Delinquent.","title":"Section 25-8-42 Minors Violating Provisions as to Street or Public Place Occupations Deemed Delinquent.","sectionRange":null,"content":"

Any person who engages in any street occupation in violation of Sections 25-8-39, 25-8-40, or 25-8-41 may be deemed delinquent and brought before any court having jurisdiction over juvenile delinquents.

","history":"(Acts 1995, No. 95-604, p. 1263, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24869,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24448,"codeId":2172,"versionId":43733,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-43","shortTitle":"Section 25-8-43","catchLine":"Prohibited Occupations and Places for Individuals Under 18 Years of Age.","title":"Section 25-8-43 Prohibited Occupations and Places for Individuals Under 18 Years of Age.","sectionRange":null,"content":"

(a) No individual under 18 years of age shall be employed or permitted or suffered to work at any of the following occupations, positions, or places:

(1) In or about or in connection with any mine, coke breaker, coke oven, or quarry in any capacity.

(2) In wrecking, demolition, and shipbreaking.

(3) In any tunnel or excavation with a depth of four feet or more.

(4) In any roofing, scaffolding, or sandblasting operations.

(5) Operating or driving any truck or heavy equipment over three tons gross weight.

(6) In logging or around any sawmill, lath mill, shingle, or cooperage-stock mill.

(7) Operating any power-driven woodworking, bakery, or paper-products machinery.

(8) Upon any steam, electric, diesel, hydraulic, or other railroad.

(9) As firefighters.

(10) Operating any stamping machines used in sheet metal or tin ware, or in paper or leather manufacturing, or washer or nut factories.

(11) In or around any steam boiler or rolling mill machinery.

(12) Operating any power-driven metal forming, cutting, straightening, drawing, punching, or shearing machines.

(13) Operating or assisting in operating any elevators, open-freight elevators, cranes, derricks, or other power-driven hoisting apparatus, with the exception of an unattended automatic passenger elevator.

(14) Operating any paper cutting, stapling, corrugating, or punching machines.

(15) Assembling, adjusting, cleaning, oiling, or servicing machinery in motion.

(16) Operating any circular saws, band saws, or guillotine shears.

(17) In or around any distillery where alcoholic beverages are manufactured, bottled, wrapped, or packed.

(18) In the manufacture, storage, or transportation of explosive components.

(19) In the manufacturing of brick, tile, or similar products.

(20) In the manufacture or transportation of dangerous or toxic chemicals or compounds.

(21) In, about, or in connection with, poisonous dyes, dangerous or poisonous gases, compositions of lye in dangerous quantities, dangerous or poisonous acids, or pesticides.

(22) In any activity involving exposure to radioactive substances or ionizing radiation.

(23) Around asbestos or any other cancer-causing agents.

(24) Operating or assisting in operating any job, cylinder, or offset printing presses.

(25) In any activity involving slaughtering, butchering, and meat cutting.

(26) In any place or occupation which the department may declare dangerous to life or limb or injurious to the health or morals of individuals under 18 years of age.

(b) This section shall not apply to individuals 16 or 17 years of age enrolled in work-study, student-learner, cooperative education, youth registered apprentice programs, youth industry registry apprenticeship programs, or similar programs in which employment and work-based learning are an integral part of the course of study and are registered by the Alabama Office of Apprenticeship or to employment procured and supervised through the Alabama Department of Education and approved by the Alabama Department of Workforce.

","history":"(Acts 1995, No. 95-604, p. 1263, §12; Act 2000-706, p. 1479, §1; Act 2019-527, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24870,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24449,"codeId":2177,"versionId":34425,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-44","shortTitle":"Section 25-8-44","catchLine":"Employment in Establishment Where Alcoholic Beverages Sold; Minors Performing Nude or Partially Nude.","title":"Section 25-8-44 Employment in Establishment Where Alcoholic Beverages Sold; Minors Performing Nude or Partially Nude.","sectionRange":null,"content":"

(a) No person under the state legal drinking age shall be employed to serve or dispense alcoholic beverages in any establishment where alcoholic beverages are sold, served, or dispensed for consumption on the premises.

(b) No person under 16 years of age shall be employed in any establishment where alcoholic beverages are sold, served, or dispensed for consumption on the premises. Notwithstanding the foregoing, this section shall not prohibit the employment of persons 16 years of age or older as busboys, dishwashers, janitors, cooks, hostesses, or seaters restricted to leading patrons to seats; nor the employment of persons under 18 years of age as professional entertainers.

(c) Members of the immediate family of the owner or operator who are 14 or 15 years of age may be employed in such establishments provided they do not serve, sell, dispense, or handle alcoholic beverages.

(d) No person under 18 years of age shall be employed in any adult establishment or perform in any establishment, nude or nearly nude, in a manner or attire as to expose any portion of the pubic area, buttocks, anus, anal cleft, vulva, or genitals, or any simulation thereof, or show the covered male genitals in a discernible turgid state, or be attired in a manner as to expose to view the portion of the breast below the top of the areola or any simulation thereof. For the purposes of this subsection, an adult establishment includes, but is not limited to, an adult live entertainment business, an adult arcade, an adult bookstore, an adult cabaret, an adult movie theater, an adult toy store, an adult video store, a body shampooing business, an escort agency, a massage parlor, a nude model studio, a lingerie modeling studio, or any combination of the foregoing.

","history":"(Acts 1995, No. 95-604, p. 1263, §13; Act 2012-231, p. 424, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24871,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24451,"codeId":2186,"versionId":30449,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-46","shortTitle":"Section 25-8-46","catchLine":"(Repealed) Eligibility to Work Form - Issuance; Scope.","title":"Section 25-8-46 (Repealed) Eligibility to Work Form - Issuance; Scope.","sectionRange":null,"content":"

REPEALED BY ACT 2024-352, EFFECTIVE JUNE 1, 2024.

","history":"(Acts 1995, No. 95-604, p. 1263, §15; Act 2009-565, p. 1654, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24873,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24452,"codeId":2190,"versionId":1694,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-47","shortTitle":"Section 25-8-47","catchLine":"Work Permits - Application; Required Papers; Officer Authorized to Administer Oaths for Affidavits.","title":"Section 25-8-47 Work Permits - Application; Required Papers; Officer Authorized to Administer Oaths for Affidavits.","sectionRange":null,"content":"

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.

","history":"(Acts 1995, No. 95-604, p. 1263, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24874,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24453,"codeId":2196,"versionId":1698,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-48","shortTitle":"Section 25-8-48","catchLine":"Work Permits - Issuance to Persons 16 Years of Age or Older Without Records and Approval.","title":"Section 25-8-48 Work Permits - Issuance to Persons 16 Years of Age or Older Without Records and Approval.","sectionRange":null,"content":"

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.

","history":"(Acts 1995, No. 95-604, p. 1263, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24875,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24454,"codeId":2200,"versionId":1702,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-49","shortTitle":"Section 25-8-49","catchLine":"Work Permits - Contents and Forms.","title":"Section 25-8-49 Work Permits - Contents and Forms.","sectionRange":null,"content":"

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.

","history":"(Acts 1995, No. 95-604, p. 1263, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24876,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24455,"codeId":2206,"versionId":1706,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-50","shortTitle":"Section 25-8-50","catchLine":"Work Permits - Transmission of Copy to Department and Monthly Report.","title":"Section 25-8-50 Work Permits - Transmission of Copy to Department and Monthly Report.","sectionRange":null,"content":"

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.

","history":"(Acts 1995, No. 95-604, p. 1263, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24877,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24456,"codeId":2209,"versionId":30450,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-51","shortTitle":"Section 25-8-51","catchLine":"Cancellation of Child Labor Certificate.","title":"Section 25-8-51 Cancellation of Child Labor Certificate.","sectionRange":null,"content":"

Any official charged with the enforcement of this chapter may cancel any child labor certificate found to be illegally or improperly obtained. When the certificate is cancelled, the employer shall be notified, and thereafter it shall be unlawful to employ minors under that certificate. A minor may be re-employed after a new child labor certificate is properly issued in accordance with this chapter.

","history":"(Acts 1995, No. 95-604, p. 1263, §20; Act 2009-565, p. 1654, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24878,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24457,"codeId":2215,"versionId":34426,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-52","shortTitle":"Section 25-8-52","catchLine":"Routine Inspections of Business Establishments.","title":"Section 25-8-52 Routine Inspections of Business Establishments.","sectionRange":null,"content":"

The department shall have the right to enter, without prior notice or warrant, any business establishment for the purpose of routine inspections. These visits shall be conducted as frequently as needed to insure that minors are employed in compliance with this chapter. The department shall enforce this chapter and may assess civil penalties or institute criminal prosecution for any violation of this chapter.

","history":"(Acts 1995, No. 95-604, p. 1263, §21; Act 2012-231, p. 424, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24879,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24458,"codeId":2219,"versionId":1715,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-53","shortTitle":"Section 25-8-53","catchLine":"School Attendance Officers.","title":"Section 25-8-53 School Attendance Officers.","sectionRange":null,"content":"

Every school attendance officer shall report to the department every known violation of this chapter. School attendance officers shall have the same right of access to and inspection of establishments where minors are or may be employed or detained as is given by law to the department. A report of every entry and inspection of those establishments shall be made to the department. School attendance officers, when authorized by the department, may institute prosecutions.

","history":"(Acts 1995, No. 95-604, p. 1263, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24880,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24459,"codeId":2223,"versionId":1718,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-54","shortTitle":"Section 25-8-54","catchLine":"Working Conditions.","title":"Section 25-8-54 Working Conditions.","sectionRange":null,"content":"

Every person, firm, or corporation owning or controlling any establishment wherein minors are employed shall keep the establishment in a sanitary condition and properly ventilated, and shall provide suitable and convenient restrooms, separate for each sex, and in the number and locations required by the department. When 20 or more persons are employed, sanitary drinking fountains shall be provided in the number the department deems necessary. All restrooms shall be maintained inside the establishments, except in situations in which it is impracticable, in the opinion of the department.

","history":"(Acts 1995, No. 95-604, p. 1263, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24881,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24460,"codeId":2229,"versionId":1724,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-55","shortTitle":"Section 25-8-55","catchLine":"Inspection and Issuance of Order for Correction of Unsanitary or Unhealthy Conditions.","title":"Section 25-8-55 Inspection and Issuance of Order for Correction of Unsanitary or Unhealthy Conditions.","sectionRange":null,"content":"

The department shall inspect thoroughly every establishment wherein persons subject to this chapter are employed and shall issue a written order for the correction of unsanitary or unhealthy conditions in those establishments and shall report those conditions to public health officials.

","history":"(Acts 1995, No. 95-604, p. 1263, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24882,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24461,"codeId":2234,"versionId":1728,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-56","shortTitle":"Section 25-8-56","catchLine":"Removal of Minor from Establishment.","title":"Section 25-8-56 Removal of Minor from Establishment.","sectionRange":null,"content":"

The department shall remove from any establishment any minor found employed or working, contrary to law, or who is afflicted with any infectious, contagious, or communicable disease, or whose physical condition is such that it makes it hazardous for the person to perform the work.

","history":"(Acts 1995, No. 95-604, p. 1263, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24883,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24462,"codeId":2238,"versionId":1731,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-57","shortTitle":"Section 25-8-57","catchLine":"Discrimination Prohibited Against Persons Disclosing Information, Making Charges, Refusing to Obey Illegal Orders, Etc.","title":"Section 25-8-57 Discrimination Prohibited Against Persons Disclosing Information, Making Charges, Refusing to Obey Illegal Orders, Etc.","sectionRange":null,"content":"

(a) No person shall discriminate against any individual because the individual has opposed any act or practice made unlawful by this chapter or because the individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

(b) No employer, agent of an employer, or any other person shall discharge or otherwise discipline, threaten, harass, blacklist, or in any other manner discriminate against an applicant, employee, former employee, or any other person because that individual disclosed any information not prohibited from disclosure by statute, refused to obey an illegal order, or in any other manner not prohibited by statute challenged or revealed any violation of this chapter.

","history":"(Acts 1995, No. 95-604, p. 1263, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24884,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24463,"codeId":2242,"versionId":1734,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-58","shortTitle":"Section 25-8-58","catchLine":"Person Selling Article to Minor for Resale on Streets or Public Place Required to Ascertain Whether Minor Has Permit.","title":"Section 25-8-58 Person Selling Article to Minor for Resale on Streets or Public Place Required to Ascertain Whether Minor Has Permit.","sectionRange":null,"content":"

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.

","history":"(Acts 1995, No. 95-604, p. 1263, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24885,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24465,"codeId":2249,"versionId":34427,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-60","shortTitle":"Section 25-8-60","catchLine":"Minors Employed as Actors or Performers.","title":"Section 25-8-60 Minors Employed as Actors or Performers.","sectionRange":null,"content":"

(a) Persons under 18 years of age may be employed and appear for the purpose of singing, acting, or performing in any production approved and coordinated by the Alabama Film Office in conjunction with and under the jurisdiction and supervision of the department. Time and hour restrictions, for persons under 18 years of age employed in a production, shall be established by the department. For the purposes of this section, a production includes, but is not limited to, motion pictures, documentaries, and reality television films.

(b) A person under 18 years of age may be employed as provided in this section only under the following conditions and with the written consent of the Alabama Film Office, the department, and the parent, legal guardian, or responsible adult of the person:

(1) The activities enumerated shall not be detrimental to the life, health, safety, welfare, or morals of the person.

(2) The activities enumerated shall not interfere with the schooling of the person and provisions shall be made for education equivalent to full-time school attendance in the public schools for persons under 16 years of age.

(3) A parent, guardian, or a responsible adult so designated by the parent or guardian, shall accompany each person under 16 years of age at all rehearsals, appearances, and performances.

","history":"(Acts 1995, No. 95-604, p. 1263, §29; Act 2009-565, p. 1654, §3; Act 2012-231, p. 424, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24887,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24466,"codeId":2254,"versionId":30451,"parentId":2124,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-8-61","shortTitle":"Section 25-8-61","catchLine":"Minors Employed as Models.","title":"Section 25-8-61 Minors Employed as Models.","sectionRange":null,"content":"

(a) Time and hour restrictions shall be under the authority of the department for persons under 18 years of age who are employed as models. Notwithstanding the foregoing, no person under 16 years of age shall work any hours that interfere with his or her school performance.

(b) Any person, firm, agency, or corporation that employs, permits, or suffers any person under 18 years of age to be used in any type of modeling shall have written consent from the parent or guardian of the person, and shall notify the Child Labor Division on a form authorized by the department, and shall comply with all of the following conditions:

(1) The parent of the person shall not let the modeling interfere with that person’s school performance.

(2) The activities enumerated shall not be detrimental to the life, health, safety, welfare, or morals of the person.

(3) A parent, guardian, or a responsible adult so designated by the parent or guardian shall accompany each person under 16 years of age to all sessions.

","history":"(Acts 1995, No. 95-604, p. 1263, §30; Act 2000-706, p. 1479, §1; Act 2009-565, p. 1654, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24888,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24467,"codeId":2265,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9","shortTitle":"Chapter 9","catchLine":"Coal Mine Safety.","title":"Chapter 9 Coal Mine Safety.","sectionRange":"§25-9-1 to §25-9-370","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24889,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24468,"codeId":2267,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§25-9-1 to §25-9-30","content":null,"history":null,"numChildren":29,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24890,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24469,"codeId":2268,"versionId":1751,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-1","shortTitle":"Section 25-9-1","catchLine":"Short Title; Purpose of Chapter.","title":"Section 25-9-1 Short Title; Purpose of Chapter.","sectionRange":null,"content":"

This chapter shall be known as the “Alabama Coal Mine Safety Law of 1975.” The purpose of this chapter is to provide reasonable laws to promote the safety and health of those engaged in the mining of coal and for the protection and preservation of property.

","history":"(Acts 1949, No. 207, p. 242, §1; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24891,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24470,"codeId":2272,"versionId":1757,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-2","shortTitle":"Section 25-9-2","catchLine":"Definitions.","title":"Section 25-9-2 Definitions.","sectionRange":null,"content":"

Unless the context clearly requires otherwise, as used in this chapter, the following terms have the following meanings:

(1) SECRETARY. The Secretary of the Department of Labor or such other public officer, employee, board, commission, or other authority that may by law be assigned the duties and authority of the Secretary of Labor under this chapter.

(2) CHIEF. The Chief of the Division of Safety and Inspection of the Department of Labor or such other public officer, employee, board, commission, or other authority that may in emergencies be acting in the stead of the chief or may by law be assigned the duties and authority of the Chief of the Division of Safety and Inspection of the Department of Labor.

(3) HEAD MINE INSPECTOR. The employee of the Division of Safety and Inspection in charge of mine inspection or such other public officer, employee, board, commission, or other authority that may by law be assigned the duties and authority of the head mine inspector.

(4) MINE INSPECTOR. A public employee assigned by the head mine inspector with the approval of the chief to make mine inspections as required by this chapter and other laws from time to time in such cases made and provided.

(5) SUPERINTENDENT. The person placed in overall charge of the operation of a coal mine or mines.

(6) OPERATOR. The owner, part owner, operator or lessee to whom the superintendent reports and is accountable for the operation. The operator may also be the superintendent.

(7) MINE FOREMAN. A person holding a valid certificate of qualification duly issued by action of the board of mine examiners. Such term also includes the person acting in the stead of a mine foreman appointed as provided under this chapter when a certified mine foreman is unavailable.

(8) SUPERVISOR. Such term may be used to designate mine foremen, assistants, section foremen, trafficmen, maintenance foremen, etc., and is restricted in this chapter to mean those persons employed by the operator or superintendent to manage all or a part of the mine operations.

(9) FIRE BOSS. A person holding a valid certificate of qualification duly issued by action of the board of mine examiners and also includes the person acting in the stead of a fire boss appointed as provided under this chapter when a certified fire boss is unavailable.

(10) APPROVED COMPETENT PERSON. A person who has at least nine months of practical experience, has knowledge of mine roof, timbering, and ventilation, has good judgment and who has demonstrated knowledge of mine gases and use of permissible flame safety lamps, methane and oxygen detectors, such demonstration to be given and made of record in a manner prescribed by the chief of the division.

(11) APPROVED. A device, process, equipment, or method approved by the chief; provided, that if any interested person so requests, the secretary shall review such approval.

(12) PERMISSIBLE. A device, process, or equipment or method heretofore or hereafter classified by such term by the United States Bureau of Mines when such classification is adopted by the chief and includes, unless otherwise expressly stated in this chapter, all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by said bureau.

","history":"(Acts 1949, No. 207, p. 242, §2; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24892,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24471,"codeId":2278,"versionId":1758,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-3","shortTitle":"Section 25-9-3","catchLine":"Appointment of Mine Inspectors and Other Employees.","title":"Section 25-9-3 Appointment of Mine Inspectors and Other Employees.","sectionRange":null,"content":"

There shall be appointed by the Secretary of Labor a sufficient number of mine inspectors and other employees, including at least one qualified mining engineer.

","history":"(Acts 1949, No. 207, p. 242, §3; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24893,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24472,"codeId":2280,"versionId":1760,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-4","shortTitle":"Section 25-9-4","catchLine":"Certain Persons Not to Have Interest in Alabama Coal Mines.","title":"Section 25-9-4 Certain Persons Not to Have Interest in Alabama Coal Mines.","sectionRange":null,"content":"

No person shall be appointed mine inspector, head mine inspector, or Chief of the Division of Safety and Inspection who, or the spouse of whom, has any pecuniary interest in any coal mine in Alabama.

","history":"(Acts 1949, No. 207, p. 242, §3; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24894,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24473,"codeId":2284,"versionId":1764,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-5","shortTitle":"Section 25-9-5","catchLine":"Qualifications and Residence of Chief of Division.","title":"Section 25-9-5 Qualifications and Residence of Chief of Division.","sectionRange":null,"content":"

(a) The Chief of the Division of Safety and Inspection shall:

(1) Be a qualified elector;

(2) Have had 12 or more years’ experience in the working, ventilating and drainage of coal mines in this state or eight years of such experience plus four years’ experience as a state or federal coal mine inspector;

(3) Have a practical scientific knowledge of all noxious and dangerous gases found in such mines;

(4) Have a mine foreman certificate of competency of the State of Alabama; and

(5) Be not less than 30 years of age.

(b) The chief shall be stationed in a city or town as near the center of the mining industry as is practical.

","history":"(Acts 1949, No. 207, p. 242, §3; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24895,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24474,"codeId":2286,"versionId":1766,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-6","shortTitle":"Section 25-9-6","catchLine":"Qualifications and Residence of Mine Inspectors and Head Mine Inspector.","title":"Section 25-9-6 Qualifications and Residence of Mine Inspectors and Head Mine Inspector.","sectionRange":null,"content":"

(a) Each mine inspector and head mine inspector shall:

(1) Be a qualified elector;

(2) Possess a mine foreman certificate of competency of the State of Alabama;

(3) Have had eight or more years’ practical experience in coal mines; and

(4) Be not less than 28 years of age.

(b) The mine inspectors shall reside at points convenient to their respective districts.

","history":"(Acts 1949, No. 207, p. 242, §3; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24896,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24475,"codeId":2289,"versionId":1769,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-7","shortTitle":"Section 25-9-7","catchLine":"Duties of Mine Inspectors Generally; Accompanying of Inspectors on Inspections by Representatives of Miners; Mine Examination Reports.","title":"Section 25-9-7 Duties of Mine Inspectors Generally; Accompanying of Inspectors on Inspections by Representatives of Miners; Mine Examination Reports.","sectionRange":null,"content":"

The duties of mine inspectors are to make examinations of mines to see that all the requirements of this chapter are strictly observed and carried out. They shall examine the equipment, works, and machinery connected with said mines; examine into the state of coal mines as to transportation, ventilation, circulation, and conditions of air, electricity, explosives, timbering, drainage, practices, and general security and perform such other duties as are required by the secretary. At the commencement of any inspection of a coal mine as provided herein, the authorized representative of the miners at the mine at the time of such inspection shall be given an opportunity to accompany the mine inspectors on any such inspection. The mine inspectors shall make a record of all examinations of coal mines, showing the date when made, the condition in which the coal mines are found, the extent to which the laws relating to coal mines and mining are observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this chapter, the number of accidents, injuries received, or deaths in or about the coal mines, the number of persons employed in or by each coal mine, together with all such other facts and information of public interest concerning the condition of coal mines, development, and progress of coal mining in this state as they may think useful and proper, and so much thereof as may be of public interest to be included in their reports. A comprehensive report of each inspection of each coal mine shall promptly be made by the chief to the operator, superintendent, and mine foreman of said coal mine, and said report shall be posted in a conspicuous place at the mine. This report shall be on a form provided for that purpose and compiled by the said chief. The form may be changed by the chief from time to time, as may seem desirable.

","history":"(Acts 1949, No. 207, p. 242, §3; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24897,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24476,"codeId":2291,"versionId":1771,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-8","shortTitle":"Section 25-9-8","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Required.","title":"Section 25-9-8 Certificate of Competency for Fire Bosses and Mine Foremen - Required.","sectionRange":null,"content":"

(a) Except as otherwise provided in this chapter, no person shall act as fire boss in any coal mine in this state unless he is in possession of a certificate of competency.

(b) No person shall be employed as mine foreman in any coal mine in this state unless he is in possession of a certificate of competency as provided for in this article.

","history":"(Acts 1949, No. 207, p. 242, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24898,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24477,"codeId":2293,"versionId":40217,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-9","shortTitle":"Section 25-9-9","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Board of Examiners.","title":"Section 25-9-9 Certificate of Competency for Fire Bosses and Mine Foremen - Board of Examiners.","sectionRange":null,"content":"

(a) There shall be appointed by the Governor a board of examiners, all of whom shall be citizens of this state and hold Alabama mine foreman’s certificates, consisting of the chief or the head mine inspector, as the secretary may designate, together with three active practical miners, three operators of coal mines, and one practicing mining engineer. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The members of this board shall be appointed by the Governor and shall hold office for three years and until their successors are appointed and qualified, and, as nearly as possible, two members shall be appointed one year and three the succeeding year. No member of the board shall serve more than two consecutive terms of office. The chief or the head mine inspector shall be ex officio chair of the board. The chair shall vote only in the case of a tie vote, and, in the absence of one member of the board, a majority of whom shall act. In the event of the failure to have a quorum, the chair shall have the authority to select a qualified person or persons. There shall be paid to each member of the board, except the ex officio chair, who shall serve without extra pay, ten dollars ($10) per day. Each board member shall also be entitled to the same per diem and travel allowance as is provided by law for state employees for each day’s attendance at meetings of the board. The board of examiners shall meet every six months at the office of the chief and shall remain in session not longer than eight days, and special meetings may be called by the chair or a majority of the members of the board. The department shall preserve in its office a record of the meetings and transactions of the board and all certificates issued and revoked.

(b) Commencing on March 7, 2016, the Board of Examiners of Mine Personnel is not subject to review as an enumerated agency under the Alabama Sunset Law.

","history":"(Acts 1949, No. 207, p. 242, §4; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1; Acts 1981, No. 81-201, p. 242, §4; Acts 1984, 2nd Ex. Sess., No. 85-15, p. 17, §1; Acts 1988, No. 88-135, p. 194, §3; Act 2008-147, p. 238, §3; Act 2016-68, §§3, 4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24899,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24478,"codeId":2300,"versionId":34392,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-10","shortTitle":"Section 25-9-10","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Examinations; Fees.","title":"Section 25-9-10 Certificate of Competency for Fire Bosses and Mine Foremen - Examinations; Fees.","sectionRange":null,"content":"

The board of examiners created by Section 25-9-9 shall examine qualified applicants and give certificates of competency to persons who pass the required examinations to act as mine foremen or fire bosses in any coal mine in this state. A reasonable fee, as established by the board, shall be charged for each examination given by the board, and such fee shall be paid to the Treasury of the state before the examination is begun. The examinations shall be conducted under such uniform rules, conditions, and regulations as the board shall deem most efficient for carrying into effect the spirit and intent of this chapter. Such rules, when formulated, shall be made a part of the permanent record of the board, and such of them as relate to candidates shall be published for their information and governance prior to each examination. Such rules shall be of uniform application to all candidates.

","history":"(Acts 1949, No. 207, p. 242, §4; Acts 1981, No. 81-201, p. 242, §4; Act 2012-106, p. 179, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24900,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24479,"codeId":2304,"versionId":43415,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-11","shortTitle":"Section 25-9-11","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Qualifications of Mine Foreman.","title":"Section 25-9-11 Certificate of Competency for Fire Bosses and Mine Foremen - Qualifications of Mine Foreman.","sectionRange":null,"content":"

(a) Each applicant for a mine foreman’s certificate of competency shall be at least 23 years old and be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall satisfy one of the following:

(1) Have had at least four years of practical mining experience.

(2) Have had at least two years of practical experience in or around coal mines and hold a bachelor level degree in mining engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(3) Have had at least two years and six months of practical mining experience in or around a coal mine and a bachelor level degree in any field of engineering other than mining engineering.

(4) Have had at least three years of practical experience in or around coal mines and hold an associate level degree in engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(b) Each applicant must also submit with his or her application an affidavit reflecting that he or she has met the requirements described in this section and attesting to his or her good moral character and known temperate habits. This affidavit shall be signed by three reputable citizens, at least one of whom shall be the holder of a mine foreman’s certificate.

","history":"(Acts 1949, No. 207, p. 242, §4; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1; Act 2008-147, p. 238, §3; Act 2019-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24901,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24480,"codeId":2309,"versionId":43416,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-12","shortTitle":"Section 25-9-12","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Qualifications of Fire Boss.","title":"Section 25-9-12 Certificate of Competency for Fire Bosses and Mine Foremen - Qualifications of Fire Boss.","sectionRange":null,"content":"

(a) Each applicant for a fire boss’s certificate of competency shall be at least 22 years old and be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall satisfy one of the following:

(1) Have had at least three years of practical mining experience.

(2) Have had at least one year of practical experience in or around coal mines and hold a bachelor level degree in mining engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(3) Have had at least one year and six months of practical mining experience in or around a coal mine and a bachelor level degree in any field of engineering other than mining engineering.

(4) Have had at least two years of practical experience in or around coal mines and hold an associate level degree in engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(b) Each applicant must also submit with his or her application an affidavit reflecting that he or she has met the requirements described in this section and attesting to his or her good moral character and known temperate habits. This affidavit shall be signed by three reputable citizens, at least one of whom shall be the holder of a mine foreman’s certificate.

","history":"(Acts 1949, No. 207, p. 242, §4; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1; Act 2019-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24902,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24481,"codeId":2313,"versionId":1784,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-13","shortTitle":"Section 25-9-13","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Replacement of Lost Certificates.","title":"Section 25-9-13 Certificate of Competency for Fire Bosses and Mine Foremen - Replacement of Lost Certificates.","sectionRange":null,"content":"

In case of the loss or destruction of a certificate of competency, the department may supply a copy thereof to the person losing same upon the payment of $1.00, provided that it shall be shown to the satisfaction of the department that the loss has actually occurred and that the loser was the holder of such certificate.

","history":"(Acts 1949, No. 207, p. 242, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24903,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24482,"codeId":2315,"versionId":1787,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-14","shortTitle":"Section 25-9-14","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Forged or Counterfeit Certificates; Uttering False Certificates; False Statements or Misrepresentations in Applications.","title":"Section 25-9-14 Certificate of Competency for Fire Bosses and Mine Foremen - Forged or Counterfeit Certificates; Uttering False Certificates; False Statements or Misrepresentations in Applications.","sectionRange":null,"content":"

Any person who shall forge or counterfeit a certificate or knowingly make or cause to be made any false statement in any certificate of competency provided for in this chapter or in any official copy of the same, or who shall utter or use any false certificate or unofficial copy thereof or shall make, give, utter, produce, or make use of any false declaration, representation, or statement in any such certificate or copy thereof or any document containing the same or shall make any false statement or misrepresentation in his application before the examining board for any certificate, shall be guilty of a misdemeanor, and his certificate shall be cancelled or annulled by the examining board.

","history":"(Acts 1949, No. 207, p. 242, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24904,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24483,"codeId":2321,"versionId":26074,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-15","shortTitle":"Section 25-9-15","catchLine":"Certificate of Competency for Fire Bosses and Mine Foremen - Suspension, Cancellation, or Revocation; Voluntary Surrender of Certificate.","title":"Section 25-9-15 Certificate of Competency for Fire Bosses and Mine Foremen - Suspension, Cancellation, or Revocation; Voluntary Surrender of Certificate.","sectionRange":null,"content":"

(a) The board may issue an official written reprimand of any person certified under this chapter as a disciplinary measure for a first violation of any requirement of this chapter.

(b) In addition, for any subsequent violation or for any serious first violation, the certificate of any person may be cancelled or revoked by the board of examiners, whenever it shall be established to the satisfaction of the board that the holder of the certificate has become unworthy of official endorsement by reason of violation of this chapter, intemperate habits, manifest incapacity, abuse of authority, or for other causes satisfactory to the board. Any person against whom charges are made shall have an opportunity to be heard in his or her own behalf. He or she shall have at least 30 days’ notice in writing of the charges by the ex officio chairman, and, if the holder of a certificate is convicted on the hearing of the charge of violating any part of this chapter, his or her certificate shall be revoked by the board. The director, after a thorough investigation, may suspend the holder pending a meeting of the board of examiners and its final action.

(c) In addition to the reasons specified in subsection (b) for revocation of a certificate, a certificate holder may voluntarily surrender his or her certificate upon written request to the board for any reason acceptable to the board, and subsequent approval by the board. Pursuant to administrative rule, the board shall specify those reasons that are acceptable to the board for the voluntary surrender of a certificate.

","history":"(Acts 1949, No. 207, p. 242, §4; Acts 1988, No. 88-135, p. 194, §3; Act 2004-72, p. 88, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24905,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24484,"codeId":2325,"versionId":1794,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-16","shortTitle":"Section 25-9-16","catchLine":"Failure of Fire Boss to Perform Required Duties.","title":"Section 25-9-16 Failure of Fire Boss to Perform Required Duties.","sectionRange":null,"content":"

Any fire boss in a mine who fails to perform any duty imposed on him by the laws of this state as fire boss shall be guilty of a misdemeanor.

","history":"(Acts 1949, No. 207, p. 242, §5; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24906,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24485,"codeId":2329,"versionId":43417,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-17","shortTitle":"Section 25-9-17","catchLine":"Persons Authorized to Act as Fire Boss; Temporary Fire Boss or Mine Foreman.","title":"Section 25-9-17 Persons Authorized to Act as Fire Boss; Temporary Fire Boss or Mine Foreman.","sectionRange":null,"content":"

(a) Except as otherwise provided in this chapter, no person shall act as fire boss in any coal mine in this state unless he or she is in possession of a fire boss’s certificate of competency or a mine foreman’s certificate of competency.

(b) If it is impossible for an operator, owner, or lessee to secure the immediate service of a certified mine foreman or fire boss, he or she may employ a person, who holds a valid underground coal mine foreman certification issued by another state, has worked in an underground mine in Alabama for at least 30 calendar days, and meets the qualifications to work as a mine foreman in this state, as concurred in by the chief, or mine inspector delegated by the chief, to act as a temporary mine foreman or fire boss until the date of the next mine foreman examination that the person is eligible to take.

(c) The requirements for a temporary mine foreman or fire boss shall be no more stringent than those contained in federal regulations.

","history":"(Acts 1949, No. 207, p. 242, §5; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1; Act 2019-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24907,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24486,"codeId":2333,"versionId":1801,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-18","shortTitle":"Section 25-9-18","catchLine":"Qualifications of Mine Foremen in Underground Mines.","title":"Section 25-9-18 Qualifications of Mine Foremen in Underground Mines.","sectionRange":null,"content":"

No person shall be employed as mine foreman in any underground coal mine in this state unless he is in possession of a certificate of competency as provided for in this chapter.

","history":"(Acts 1949, No. 207, p. 242, §5; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24908,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24487,"codeId":2336,"versionId":1804,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-19","shortTitle":"Section 25-9-19","catchLine":"Inspection of Working Places and Abandoned Areas of Mines by Foreman.","title":"Section 25-9-19 Inspection of Working Places and Abandoned Areas of Mines by Foreman.","sectionRange":null,"content":"

The mine foreman or subordinate supervisor shall visit each working place on operating days to assure that proper conditions are maintained in the mine as to timbering, ventilation, supplies, and all other conditions pertaining to the safety of the men. He shall further direct and cause to be made a weekly inspection, and more often if necessary, of all accessible abandoned areas in the mine.

","history":"(Acts 1949, No. 207, p. 242, §5; Acts 1975, 4th Ex. Sess. No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24909,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24488,"codeId":2341,"versionId":1808,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-20","shortTitle":"Section 25-9-20","catchLine":"Schedule of Mine Inspections.","title":"Section 25-9-20 Schedule of Mine Inspections.","sectionRange":null,"content":"

Mines shall be given one complete inspection every 45 days, and more often if necessary. Special or partial or complete inspections shall be made when deemed necessary by the chief.

","history":"(Acts 1949, No. 207, p. 242, §3; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24910,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24489,"codeId":2342,"versionId":1809,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-21","shortTitle":"Section 25-9-21","catchLine":"Instruments for Measurement of Air and Gases in Mines.","title":"Section 25-9-21 Instruments for Measurement of Air and Gases in Mines.","sectionRange":null,"content":"

The department shall be furnished by the state all necessary instruments for measurement of the air and gases in coal mines, mine rescue equipment, and whatever other apparatus the said department may need.

","history":"(Acts 1949, No. 207, p. 242, §3; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24911,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24490,"codeId":2348,"versionId":1815,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-22","shortTitle":"Section 25-9-22","catchLine":"Witnesses at Proceedings Under Chapter Generally.","title":"Section 25-9-22 Witnesses at Proceedings Under Chapter Generally.","sectionRange":null,"content":"

(a) The chief has the authority to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify under oath in any proceeding and to require witnesses to answer all questions propounded to them. The sheriff or constable in the county in which such witnesses may reside or be found shall execute subpoenas issued as above provided, and they shall each receive for their services in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage and per diem as is now allowed by law to such witnesses attending trials in the circuit court.

(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse, in accordance with the subpoena served on him, or shall fail to testify when attending, the chief before whom said proceedings are being had shall certify to the failure of any witness to attend and testify to a judge of the circuit court in the county where such proceeding is being held. The judge to whom such certificate is made shall cause such witness to appear before him at a time fixed by said judge to show cause why he should not be punished for contempt and shall fine or imprison such witness as such judge may deem proper in case he is found guilty of contempt in the premises.

","history":"(Acts 1949, No. 207, p. 242, §§8, 9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24912,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24491,"codeId":2352,"versionId":1819,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-23","shortTitle":"Section 25-9-23","catchLine":"Expenses of Executing Subpoenas, Attendance of Witnesses, and Contempt Proceedings.","title":"Section 25-9-23 Expenses of Executing Subpoenas, Attendance of Witnesses, and Contempt Proceedings.","sectionRange":null,"content":"

The expenses of executing subpoenas and the attendance of witnesses as well as contempt proceedings under Section 25-9-22 shall be paid out of any funds in the Treasury of the state on certificate of the Secretary of Labor Relations, approved by the Governor.

","history":"(Acts 1949, No. 207, p. 242, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24913,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24492,"codeId":2354,"versionId":1821,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-24","shortTitle":"Section 25-9-24","catchLine":"Reporting and Correction of Unsafe Conditions.","title":"Section 25-9-24 Reporting and Correction of Unsafe Conditions.","sectionRange":null,"content":"

Unsafe conditions, known to any persons underground, that cannot be corrected by them in the course of their normal duties, shall be promptly reported to the mine foreman or direct supervisor. The supervisor to whom unsafe conditions are reported or who detects them in the course of his duties shall be responsible for seeing that they are corrected promptly and that exposure to danger of any person is prevented except as necessary in correcting the condition.

","history":"(Acts 1949, No. 207, p. 242, §70.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24914,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24493,"codeId":2357,"versionId":1824,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-26","shortTitle":"Section 25-9-26","catchLine":"Persons Not Employees Not to Enter Mines Without Consent of Operator, Etc.","title":"Section 25-9-26 Persons Not Employees Not to Enter Mines Without Consent of Operator, Etc.","sectionRange":null,"content":"

Persons not employees of a coal mine or duly authorized employees of the Department of Labor shall not enter such mine unless the consent of the operator or his authorized representative has been secured and shall not stand on the tracks or go near the machinery or other place of danger.

","history":"(Acts 1949, No. 207, p. 242, §102.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24915,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24494,"codeId":2360,"versionId":1827,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-27","shortTitle":"Section 25-9-27","catchLine":"Entry into Mine While Intoxicated; Transporting Intoxicating Liquor into Mine.","title":"Section 25-9-27 Entry into Mine While Intoxicated; Transporting Intoxicating Liquor into Mine.","sectionRange":null,"content":"

Whoever shall, while under the influence of intoxicating liquor, enter any coal mine or any of the buildings connected with the operation of same within the state, where miners or other workmen are employed, or whoever shall carry intoxicating liquors into the same shall be guilty of a misdemeanor.

","history":"(Acts 1949, No. 207, p. 242, §103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24916,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24495,"codeId":2367,"versionId":1833,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-29","shortTitle":"Section 25-9-29","catchLine":"Giving of Orders Requiring Violation of Chapter.","title":"Section 25-9-29 Giving of Orders Requiring Violation of Chapter.","sectionRange":null,"content":"

Any person acting as coal mine superintendent, mining engineer, other official or supervisor who gives orders that will require violation of this chapter, shall be guilty of a misdemeanor.

","history":"(Acts 1949, No. 207, p. 242, §105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24917,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24496,"codeId":2362,"versionId":1830,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-28","shortTitle":"Section 25-9-28","catchLine":"Solicitation of Funds from Employees for Purposes of Retaining or Procuring Employment, Etc.","title":"Section 25-9-28 Solicitation of Funds from Employees for Purposes of Retaining or Procuring Employment, Etc.","sectionRange":null,"content":"

Any coal mine superintendent, mine foreman or assistant mine foreman, or any other person or persons operating or controlling a coal mine, who shall receive or solicit any sum of money or other valuable consideration from any of his or their employees for the purpose of continuing such employee in his or their employ or for the purpose of procuring employment for such employee or procuring or keeping places for such employee shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00, nor more than $300.00 and shall be sentenced to hard labor for the county for a term of not less than six months.

","history":"(Acts 1949, No. 207, p. 242, §104.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24918,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24497,"codeId":2372,"versionId":1837,"parentId":2267,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-30","shortTitle":"Section 25-9-30","catchLine":"Persons Under 18 Not to Work in or About Mines.","title":"Section 25-9-30 Persons Under 18 Not to Work in or About Mines.","sectionRange":null,"content":"

No person under the age of 18 shall be employed to work or labor in or about any coal mine in this state.

","history":"(Code 1896, §2933; Code 1907, §1035; Acts 1911, No. 493, p. 500; Code 1923, §1724; Acts 1935, No. 193, p. 241; Code 1940, T. 26, §158; Acts 1949, No. 207, p. 242, §106; Acts 1971, No. 2486, p. 3983; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24919,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24498,"codeId":2384,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Miscellaneous Safety Requirements.","title":"Article 2 Miscellaneous Safety Requirements.","sectionRange":"§25-9-40 to §25-9-42","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24920,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24499,"codeId":2386,"versionId":1848,"parentId":2384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-40","shortTitle":"Section 25-9-40","catchLine":"Use of Protective Clothing, Etc.","title":"Section 25-9-40 Use of Protective Clothing, Etc.","sectionRange":null,"content":"

(a) Welders and helpers shall use proper shields or goggles to protect their eyes.

(b) Employees engaged in haulage operations and other persons employed around moving equipment on the surface and underground shall wear snug-fitting clothing.

(c) Protective gloves shall be worn when material which may injure the hands is handled, but gloves with gauntleted cuffs shall not be worn around moving equipment.

(d) Men exposed for short periods to gas, dust, fume, and mist inhalation hazards shall wear permissible respiratory equipment. When the exposure is for prolonged periods, other measures to protect workmen or to reduce the hazard shall be taken.

","history":"(Acts 1949, No. 207, p. 242, §67.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24921,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24500,"codeId":2390,"versionId":1852,"parentId":2384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-41","shortTitle":"Section 25-9-41","catchLine":"Checking Systems.","title":"Section 25-9-41 Checking Systems.","sectionRange":null,"content":"

Each mine shall have a check-in and check-out system that will provide positive identification upon the person of every individual underground. An accurate record of the men in the mine, which shall consist of a written record, a check board or a time clock record, shall be kept on the surface in a place that will not be affected in the event of an explosion. Said record shall bear a number identical to the identification check carried by the person underground.

","history":"(Acts 1949, No. 207, p. 242, §68.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24922,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24501,"codeId":2394,"versionId":1855,"parentId":2384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-42","shortTitle":"Section 25-9-42","catchLine":"Shafts, Mine Openings, and Escapeways.","title":"Section 25-9-42 Shafts, Mine Openings, and Escapeways.","sectionRange":null,"content":"

(a) New shafts and partitions therein, made after August 12, 1949, shall be fireproof.

(b) Mine openings, where there is danger of fire entering the mine, shall have adequate protection against surface fires or dangerous volumes of smoke entering the mine.

(c) There shall be at least two travelable passageways out of each section of each mine, one of which may be the haulage road.

(d) Escapeways shall be equipped with stairways, ladders, or cleated walkways when needed, installed in such manner that men using them in emergencies may do so quickly and without undue hazard. Direction signs shall be posted conspicuously to indicate manways and designated escapeways.

","history":"(Acts 1949, No. 207, p. 242, §69; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24923,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24502,"codeId":2397,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Accidents and Disasters.","title":"Article 3 Accidents and Disasters.","sectionRange":"§25-9-60 to §25-9-70","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24924,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24503,"codeId":2399,"versionId":1860,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-60","shortTitle":"Section 25-9-60","catchLine":"Maintenance, Etc., of First Aid Equipment; Notice of and Treatment of Injuries.","title":"Section 25-9-60 Maintenance, Etc., of First Aid Equipment; Notice of and Treatment of Injuries.","sectionRange":null,"content":"

(a) Each mine shall have an adequate supply of first aid equipment to be used only in case of injury to employees or on the job sickness. These supplies shall be located at points on the surface, at the bottom of main shafts and main slopes, if over 1,000 feet from the surface, and at other suitable locations convenient to each working section. One stretcher and one broken-back board (or a splint-stretcher combination), 24 triangular bandages (or 15, if a splint-stretcher combination is used), eight four-inch bandage compresses, 12 one-inch adhesive compresses, an adequate approved burn remedy, two cloth blankets, one rubber blanket or equivalent substitute, two tourniquets, one one-ounce bottle of aromatic spirits of ammonia or one dozen ammonia ampules and necessary complements of arm and leg splints or two each inflatable plastic arm and leg splints shall be kept at each location designated and shall be accessible to the miners.

(b) No person shall tamper with or remove any first aid supplies other than for use in caring for injured persons and those who become sick while in the mine.

(c) When an injury occurs, prompt first aid shall be given, and, if immediate medical attention is indicated, a doctor shall be notified and the injured person brought to the surface without delay other than the time needed for rendering first aid. Any person injured sufficiently to deprive him of complete control of his faculties or limbs will be adequately attended by designated persons until he is brought to the surface and turned over to a doctor.

(d) Each employee shall promptly notify his supervisor of all injuries.

","history":"(Acts 1949, No. 207, p. 242, §6; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24925,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24504,"codeId":2404,"versionId":1864,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-61","shortTitle":"Section 25-9-61","catchLine":"Reports and Investigations of Major Accidents.","title":"Section 25-9-61 Reports and Investigations of Major Accidents.","sectionRange":null,"content":"

(a) Each operator shall report promptly to the chief of the division the occurrence at any mine of any fatal accident or accident involving serious personal injury to any person or persons, whether employed or not. The scene of the accident shall not be disturbed pending an investigation except to prevent suspension of use of a slope, entry, or facility vital to the operation of a section of a mine. In cases where reasonable doubt exists as to whether to leave the scene unchanged, the operator shall secure prior approval from the chief before any changes are made.

(b) The chief shall go personally or dispatch one or more mine inspectors to the scene of the accident or accidents, investigate causes, and issue such orders as may be needed to insure safety of other persons.

(c) Representatives of the operator shall render such assistance as may be needed and shall act in a consulting capacity at the investigation. An employee designated by the employees of the mine shall be notified and as many as three employees designated as representatives of the employees may be present at the investigation in a consulting capacity.

(d) The division shall render a complete report of circumstances and causes of each accident investigated and shall make recommendations for prevention of similar accidents. The division shall furnish one copy of the report to the operator and one copy to the employee representative when he has been present at the investigation. The chief of the division shall maintain a complete file of all accident reports and may give such further publicity as ordered by the director in an effort to prevent coal mine accidents.

","history":"(Acts 1949, No. 207, p. 242, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24926,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24505,"codeId":2406,"versionId":1866,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-62","shortTitle":"Section 25-9-62","catchLine":"Removal of Large and Dangerous Accumulations of Water in Adjoining Mines.","title":"Section 25-9-62 Removal of Large and Dangerous Accumulations of Water in Adjoining Mines.","sectionRange":null,"content":"

In any coal mine or coal mines or parts thereof wherein water may have been allowed to accumulate in large and dangerous quantities, putting in danger the adjoining or adjacent coal mines and the lives of the miners working therein, and when such can be tapped and set free and flow by its own gravity to any point of drainage, any operator or person having a mine so endangered, with the approval of the department, may proceed and remove the said danger by driving a drift or drifts protected by bore holes as provided by this chapter, and, in removing said danger, it shall be lawful to drive across property lines if needful. All coal removed in such driving from adjacent lands shall be paid for on the basis of $.25 per ton of 2,000 pounds. No person shall dam or in any way obstruct the flow of water from said mine or parts thereof when so set on any part of its passage to point of drainage.

","history":"(Acts 1949, No. 207, p. 242, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24927,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24506,"codeId":2410,"versionId":1869,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-63","shortTitle":"Section 25-9-63","catchLine":"Mine Disasters.","title":"Section 25-9-63 Mine Disasters.","sectionRange":null,"content":"

(a) If a disaster occurs in a mine, the chief of the division and the nearest office of the United States Bureau of Mines shall be notified by the quickest available means. All facilities of the mine shall be made available for rescue and recovery operations.

(b) No work other than rescue and recovery work may be attempted or started until and unless authorized by the chief of the division or his designated representatives.

(c) After a disaster, operations may not be resumed until authorized by the chief of the division.

(d) If an explosion occurs in a mine, the fan shall not be reversed except by authority of the official in charge of disaster work and then only after a study of the effect of reversing the fan on survivors who are still underground.

(e) The chief of the division shall make available all the facilities at his disposal in effecting rescue and recovery work, and shall act as a consultant or take personal charge where, in his opinion, the circumstances warrant or where the managerial official’s status is either incompetent or inadequate.

(f) The orders of the official in charge of disaster work shall be respected and obeyed by all persons engaged in rescue and recovery work.

(g) The chief of the division shall maintain an up-to-date disaster plan for prompt and adequate employment at any coal mine in the state. All employees of the division shall be kept fully informed and trained in their respective duties in making the disaster plan work effectively. The division’s plan shall be published annually and furnished to all operators of coal mines and to representatives of the employees. Changes in the plan shall be published promptly when made and furnished to all operators of coal mines and to representatives of the employees.

","history":"(Acts 1949, No. 207, p. 242, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24928,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24507,"codeId":2414,"versionId":1873,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-64","shortTitle":"Section 25-9-64","catchLine":"Establishment of Mine Rescue Stations.","title":"Section 25-9-64 Establishment of Mine Rescue Stations.","sectionRange":null,"content":"

The Chief of the Division of Safety and Inspection of the Department of Labor shall establish and maintain within the State of Alabama and within said division such mine rescue stations as he may determine necessary to carry out rescue and recovery operations of mine disasters and to comply with federal requirements. The mine rescue stations shall be located as near the center of the mining industry as is practical. The station shall have sufficient room to handle equipment and personnel for at least two teams.

","history":"(Acts 1982, No. 82-439, p. 689, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24929,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24508,"codeId":2417,"versionId":1875,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-65","shortTitle":"Section 25-9-65","catchLine":"Rescue Crews - Training and Employment; Wages and Workers’ Compensation Benefits.","title":"Section 25-9-65 Rescue Crews - Training and Employment; Wages and Workers’ Compensation Benefits.","sectionRange":null,"content":"

Said chief is hereby authorized to have trained and employed at the rescue stations operated by said division within the state, rescue crews as he may determine necessary. Each member of such crews shall devote at least four hours each month, or eight hours bimonthly, for training purposes and shall be available at all times to assist in rescue work. Regular crew members shall receive for such services the highest prevailing hourly wage rate in the industry and shall receive the same per diem and expenses as provided to state employees. Workers’ compensation benefits as prescribed by Alabama workers’ compensation laws shall be provided for all employees engaged in carrying out the mandates of this section and coal mining laws of the State of Alabama. Sufficient funds shall be appropriated to carry out the provisions of this section, Section 25-9-64 and Sections 25-9-66 through 25-9-70.

","history":"(Acts 1982, No. 82-439, p. 689, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24930,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24509,"codeId":2420,"versionId":1876,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-66","shortTitle":"Section 25-9-66","catchLine":"Rescue Crews - Training; Removal of Crew Members.","title":"Section 25-9-66 Rescue Crews - Training; Removal of Crew Members.","sectionRange":null,"content":"

It shall be the duty and responsibility of the chief to see that all crews be properly trained by qualified instructors who have a certificate of training from the Mine Safety and Health Administration. The chief may remove any crew member at any time.

","history":"(Acts 1982, No. 82-439, p. 689, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24931,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24510,"codeId":2425,"versionId":1878,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-67","shortTitle":"Section 25-9-67","catchLine":"Rescue Crews - Qualifications; Record of Physical Examination.","title":"Section 25-9-67 Rescue Crews - Qualifications; Record of Physical Examination.","sectionRange":null,"content":"

Members of said crews shall have one year underground experience, be less than 50 years of age and pass a physical examination by a licensed physician annually. A record that such examination was taken shall be kept on file by the operator who employs the crew members and a copy shall be furnished to the chief.

","history":"(Acts 1982, No. 82-439, p. 689, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24932,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24511,"codeId":2430,"versionId":1881,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-68","shortTitle":"Section 25-9-68","catchLine":"Jurisdiction of Chief in Rescue and Recovery Work; Consultation and Guidance.","title":"Section 25-9-68 Jurisdiction of Chief in Rescue and Recovery Work; Consultation and Guidance.","sectionRange":null,"content":"

All rescue or recovery work performed by these crews shall be under the jurisdiction of the chief. The division shall consult with company officials, representatives of the Mine Safety and Health Administration and representatives of the miners, and all should be in agreement as far as possible on the proper procedure for rescue and recovery. In all instances, procedures shall be guided by the mine rescue apparatus and auxiliary equipment manuals.

","history":"(Acts 1982, No. 82-439, p. 689, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24933,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24512,"codeId":2434,"versionId":1885,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-69","shortTitle":"Section 25-9-69","catchLine":"Compensation for Rescue Work; Workers’ Compensation Benefits.","title":"Section 25-9-69 Compensation for Rescue Work; Workers’ Compensation Benefits.","sectionRange":null,"content":"

When engaged in rescue or recovery work during an emergency at a mine, all crew members assigned to the work shall be considered during the period of their work, employees of the mine where the emergency exists and shall be compensated by the operator at the rate established in the area for such work. In no event shall this rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all crew members shall be protected by the workers’ compensation benefits of such emergency employer.

","history":"(Acts 1982, No. 82-439, p. 689, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24934,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24513,"codeId":2439,"versionId":1890,"parentId":2397,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-70","shortTitle":"Section 25-9-70","catchLine":"Crews to Be Informed of Existing Conditions; Applicability of Federal Regulations; Assignments by Chief.","title":"Section 25-9-70 Crews to Be Informed of Existing Conditions; Applicability of Federal Regulations; Assignments by Chief.","sectionRange":null,"content":"

(a) During recovery work and prior to entering any mine, all recovery crews shall be properly informed of existing conditions.

(b) Mine rescue and recovery work shall be carried out under provisions of the applicable federal regulations.

(c) The chief may assign rescue and recovery work to inspectors, instructors, or other qualified employees of said division as the chief may determine desirable.

","history":"(Acts 1982, No. 82-439, p. 689, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24935,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24514,"codeId":2449,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Mine Gases and Ventilation.","title":"Article 4 Mine Gases and Ventilation.","sectionRange":"§25-9-80 to §25-9-91","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24936,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24515,"codeId":2451,"versionId":1898,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-80","shortTitle":"Section 25-9-80","catchLine":"Main Fans.","title":"Section 25-9-80 Main Fans.","sectionRange":null,"content":"

(a) All main fans shall be installed on the surface, in fireproof housings, the fan situated not less than 30 feet from its air shaft or air course and on one side of the line of such opening so that the fan will not be in direct line of the force of a blast or explosion. The air duct connecting the fan with the mine opening shall be fireproof and provided with self-closing explosion doors.

(b) In mines ventilated with multiple fans, each main fan shall be equipped with fireproof doors automatically closing in the event of a fan failure to prevent air reversal through the fan.

(c) Every main fan installed after August 12, 1949, ventilating a mine classed as gassy, must have an auxiliary drive mechanism that will operate the fan at not less than 80 percent of its regular volume. Dual fan installations, independently powered so that one is operative at 80 percent of regular volume during electrical failures, meet this requirement.

(d) All main fans are required to be provided with a pressure-recording gauge, or water gauge, and, unless attended constantly, an automatic device to give alarm when the fan slows down or stops. This device shall be placed so that its alarm will be seen or heard by a responsible person.

(e) Each main fan ventilating all or part of a mine shall be on a separate power circuit, independent of the underground circuit.

(f) Main fan installations shall be protected from wood fire, grass fire, and rubbish fire for at least 100 feet in all directions from the fan installations, where physical conditions permit.

(g) The main fan shall be inspected daily and a record kept of the inspection. This inspection may be made by any competent person so designated.

(h) In mines, when the main fan fails or stops, immediate action shall be taken to cut off power from the mine or the area of the mine ventilated by that main fan, and the men shall be withdrawn from the face regions. If ventilation is restored in a reasonable time, the face regions and other places where methane is likely to accumulate shall be reexamined by certified persons, and, if found to be free from explosive gas, power may be restored and work resumed. If the interruption continues for an indefinite or extended period, all underground employees shall be required to leave the mine or the part of the mine ventilated by the main fan that is out of operation. Mines ventilated by more than one main fan shall be considered as having only one fan in the application of this section unless all returns to the fans are entirely separated and escapeways to the surface are available from the areas ventilated by other fans without necessity for any person passing through any area not properly ventilated.

(i) Main fans ventilating mines shall be operated continuously, except when the mine is shut down with all power underground cut off and with all men out of the mine. When the fan is started again, the mine shall be examined for gas and other hazards by certified persons and declared safe before underground power may be restored and men other than the examiners permitted to enter the mine.

","history":"(Acts 1949, No. 207, p. 242, §13; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24937,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24516,"codeId":2457,"versionId":1903,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-81","shortTitle":"Section 25-9-81","catchLine":"Use of Methane Detectors.","title":"Section 25-9-81 Use of Methane Detectors.","sectionRange":null,"content":"

(a) Methane detectors used for examining in coal mines shall be permissible. When not in use, they shall be in the care of certified officials or other competent designated persons, who shall examine, clean, and deliver them in a safe condition to their users before they enter the mine.

(b) Permissible methane detectors shall be entrusted for use only to certified persons or to approved competent persons who have been accredited as users of methane detectors.

(c) An individual knowing his methane detector to be injured or defective shall immediately report its condition to his supervisor, mine foreman, or to the designated attendant.

","history":"(Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24938,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24517,"codeId":2462,"versionId":1906,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-82","shortTitle":"Section 25-9-82","catchLine":"Standards and Procedures as to Gases and Air Quality.","title":"Section 25-9-82 Standards and Procedures as to Gases and Air Quality.","sectionRange":null,"content":"

(a) Air in which men work or travel must promptly be improved if it contains less than 19.5 percent oxygen, more than one percent carbon dioxide, or is contaminated with noxious or poisonous gases.

(b) If the air immediately returning from a split that ventilates any active workings contains more than one percent methane or more, the ventilation shall be improved, and, if it contains 1.5 percent or more of methane, the power shall be cut off from the portion of the mine affected, and the employees shall be required to withdraw until ventilation is improved.

(c) Face work must be stopped, power to face equipment cut off, and the employees ordered and required to withdraw until ventilation is improved, whenever one percent or more of methane can be detected on an approved type methane detector or whenever gas can be detected on a permissible flame safety lamp at any point not less than 12 inches from the roof, face, or rib. This does not apply to other faces in the entry or slope in which work can be safely continued.

(d) When entries or faces are stopped on account of gas for ventilation to be improved, only employees designated to work on improving the ventilation under competent direction may be permitted in the affected area. Power shall not be restored until ventilation is improved.

","history":"(Acts 1949, No. 207, p. 242, §14; Acts 1959, No. 347, p. 937; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24939,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24518,"codeId":2466,"versionId":1910,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-83","shortTitle":"Section 25-9-83","catchLine":"Standards as to Volume of Air.","title":"Section 25-9-83 Standards as to Volume of Air.","sectionRange":null,"content":"

Sufficient air must be circulated and conducted through all entries, slopes, travelways, working places, air courses, and open abandoned areas to dilute, render harmless, and carry off noxious and explosive gases emitted in the mine, including smoke from blasting, and shall be not less than 150 cubic feet per man per minute. If mules or horses are used in a mine, 500 cubic feet per animal per minute must be provided in addition to the minimum volume specified for men.

","history":"(Acts 1949, No. 207, p. 242, §15; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24940,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24519,"codeId":2471,"versionId":1914,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-84","shortTitle":"Section 25-9-84","catchLine":"Coursing of Air.","title":"Section 25-9-84 Coursing of Air.","sectionRange":null,"content":"

(a) Two available openings to the surface are required from each seam or stratum of coal worked. In drift or slope mines, such openings provided after August 12, 1949, must be separated by not less than 40 feet of natural strata, and all crosscuts between them shall be closed with stoppings of fireproof material. In shaft mines, such openings provided after August 12, 1949, must be separated by not less than 200 feet of natural strata. The second opening may be made through an adjoining mine. Until these provisions are met, not over five men in a drift, 10 men in a slope, and 20 men in a shaft shall work in the mine at one time, and no additional development shall be permitted until the connection is made to the second opening. In mines wherein final pillar robbing operations necessitate closing the second opening, the above limitations as to the number of men permitted to work will apply until the mine is worked out and abandoned.

(b) Both openings shall be kept in good condition and shall at all times be reasonably safe and convenient for entering and leaving the mine. At all points where the passageway to the escapeway or escapement shaft is intercepted by roadways, entries or other passageways, conspicuous signboards shall be placed indicating the direction to the place of exit.

(c) Not more than 80 persons may be assigned or permitted to work on any split of air.

(d) Stations or rooms containing electrical transformers, rectifiers, motor generator sets, battery chargers, permanent pumps or air compressors, control rooms, and such other stationary and semipermanent equipment as would endanger lives of employees in event of equipment fire shall be ventilated by a separate split of air, returning directly to the surface.

(e) Changes in ventilation that may affect the safety of the men shall be made when the mine is idle. Only those men and supervisors engaged in major ventilation changes will be permitted in the mine during the change.

(f) In mines, the doors, other than man doors, used for deflecting and conducting the ventilation shall be installed in pairs in a manner approved by the division. They shall be so spaced as to prevent interruption to the regular coursing of air, and they shall be hung and maintained so that they will be self-closing by gravity or by effective mechanical means. An emergency door, to be used in case of damage to a regular door, shall be provided at all points where doors are in use.

(g) Mine doors in use must not be propped or latched open or by any other means used to be prevented from being self-closing.

(h) Proper breaks-through shall be made in all pillars as necessary to meet ventilation requirements at the working faces. The maximum distance between breaks-through shall be 105 feet and closer when required by the chief of the division. Permission to exceed 105 feet between breaks-through may be granted by the chief of the division only in exceptional conditions and must be in writing. Requests for permission must be initiated by the operator and recommended by the mine inspector.

(i) On entries, stoppings in crosscuts between intakes and returns shall be built solidly, substantially, and of incombustible material.

(j) Dead ending of rooms, slopes, or entries in mines classed as gassy is prohibited unless it is manifestly impracticable to drive crosscuts at or close to faces.

(k) Workings shall not be turned off slopes or entries in by the last crosscut; except, that the places may be necked during development of slopes and entries and when good mining practice justifies the practice in order to establish a main airway.

(l) Line brattice and ventilation tubing used to conduct air to the faces of working places shall be substantially erected and shall be of flame-resistant materials.

(m) In the event that diffuser or auxiliary fans and tubing are used in lieu of or in conjunction with a line brattice system to provide ventilation of the working face:

(1) The fan shall be of a permissible type, maintained in permissible condition, so located and operated to avoid any recirculation of air at any time and inspected frequently by a certified person when in use.

(2) In places where auxiliary fans are used, accumulations of methane resulting from unscheduled stoppage of the main fan shall be removed after restoration of normal mine ventilation by conducting air current into the place with line brattice or equivalent. Auxiliary fans shall not be operated in such place during stoppage of normal mine ventilation and until methane accumulations have been removed.

(3) If the auxiliary fan is stopped or fails and the ventilation of the working face is inadequate, the electric equipment in the place shall be stopped and the power disconnected at the power source until adequate ventilation is restored. During such stoppage the ventilation shall be by means of the primary air current conducted into the place in a manner to prevent an accumulation of methane.

(4) In places where auxiliary fans are used, the ventilation during scheduled idle periods such as weekends and idle shifts shall be by means of the primary air current conducted into the place in a manner to prevent accumulation of methane.

(5) If the air passing through the auxiliary fan or tubing contains one percent or more of methane, the provisions of subsection (b) of Section 25-9-82 shall be applied.

(6) To insure that an adequate volume and velocity of air are supplied continuously to the working face where auxiliary fan and tubing are used for face ventilation, a line brattice or other approved device shall be installed before the auxiliary fan is stopped.

(7) All face ventilation systems using auxiliary fans and tubing or machine-mounted diffusers approved by the Mining Enforcement and Safety Administration shall be filed with the chief of the division.

(8) Any variance in the above diffuser and auxiliary fan and tubing use must be approved in writing by the chief of the division.

(n) Overcasts shall be constructed tightly of incombustible materials and of sufficient strength to withstand falls of roof, or protected against falling roof, and shall be of ample area to pass the required volume of air.

","history":"(Acts 1949, No. 207, p. 242, §16; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1; Acts 1976, No. 391, p. 496.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24941,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24520,"codeId":2474,"versionId":1916,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-85","shortTitle":"Section 25-9-85","catchLine":"Sealing, Testing, Etc., of Abandoned Workings.","title":"Section 25-9-85 Sealing, Testing, Etc., of Abandoned Workings.","sectionRange":null,"content":"

(a) Abandoned workings that cannot be ventilated adequately with safety to employees must be sealed. The chief of the division will prescribe rules for sealing and periodic testing of air and water behind seals. Failure to comply with rules for sealing and periodic testing will be a violation of this section.

(b) Abandoned workings shall be posted to warn persons against entering, and all accessible abandoned workings shall be examined semimonthly or more often if necessary. When posting is inadequate to warn persons against entering, abandoned workings shall be properly fenced off at all such entrances.

","history":"(Acts 1949, No. 207, p. 242, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24942,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24521,"codeId":2480,"versionId":1920,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-86","shortTitle":"Section 25-9-86","catchLine":"Examinations for Gases and Other Dangerous Conditions.","title":"Section 25-9-86 Examinations for Gases and Other Dangerous Conditions.","sectionRange":null,"content":"

(a) Operators of mines are required to employ one or more certified fire bosses and to have a preshift examination made. The duties of the fire boss are to examine for dangerous conditions all manways, slopes, and entries used by men in traveling to and from work and to examine for gas and other dangerous conditions all working places, adjoining abandoned places, and accessible pillar falls for accumulation of gas. The fire boss will ascertain that the air is traveling in its proper course and that all ventilation appliances are in good condition and working effectively. The fire boss will indicate his examination of working and abandoned places, pillar falls, and ventilating appliances by marking his initial and the date conspicuously in or on such places.

(b) Whenever gas is detected or danger exists to men entering any place, the fire boss shall leave at each entrance to the place a conspicuous DANGER sign.

(c) Examination of the first working place in mines shall take place not more than three hours before the men are permitted to enter the mine or to pass a designated station underground.

(d) The fire boss shall meet the oncoming shift at the point or station designated and inform each man as to the condition of his working place or the place in which his machine is parked. Each face boss and direct supervisor shall be informed by the fire boss as to the condition of all places under his direction or control. When man trip schedules or other compelling factors make it impractical for the fire boss to check each man, the fire boss will furnish to responsible supervisors written signed reports of his inspection and these supervisors will be responsible for informing each man as to the condition of his working place.

(e) In multiple shift operations, certified supervisors may be used to make the fire boss examination for the next or succeeding shift. Responsible supervisors of the next or succeeding shift may be used to inform each man as to the condition of his working place and may be held responsible, provided the certified supervisors who made the examination furnish a written, signed report as to condition of each working place.

(f) The fire boss shall record the results of his inspection in ink or indelible pencil in a book kept on the surface for that purpose. Similar records may be kept at designated stations or offices underground. This book shall be countersigned daily by the mine foreman. The mine superintendent or his assistant shall also read and countersign the reports.

(g) Idle and abandoned parts of any mine shall be examined by a certified person immediately before employees are permitted to enter or work in such areas.

(h) Examination for gas and other dangerous conditions shall be made by a certified official or approved competent person before taking loading or cutting machines in by the open breakthrough nearest the face or before applying power to machinery that remains at or near the face at not more than 20-minute intervals during cutting, drilling, or mechanical loading, before drilling with electric drills, before blasting, after blasting, and before other work is resumed and at such other times as may be necessary or designated by the operator or mine inspector for adequate safety.

(i) All persons underground shall use only permissible electric cap lamps for portable illumination that is worn on the person. This does not preclude the use of other types of permissible electric lamps, permissible flashlights, permissible safety lamps, or any other portable illumination classed as permissible.

(j) Open cap lights and smoking and smokers’ articles, including matches, are prohibited in underground mines.

","history":"(Acts 1949, No. 207, p. 242, §18; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24943,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24522,"codeId":2485,"versionId":1924,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-87","shortTitle":"Section 25-9-87","catchLine":"Use of Flame Safety Lamps.","title":"Section 25-9-87 Use of Flame Safety Lamps.","sectionRange":null,"content":"

(a) All flame safety lamps used for examining coal mines or for working therein shall be permissible. When not in use, they shall be in the care of certified officials or other competent designated persons who shall disassemble, examine, clean, fill, and deliver them, locked and in safe condition, to their users before they enter the mine. Flame safety lamps shall not be unlocked or disassembled inside any coal mine.

(b) At least two permissible flame safety lamps shall be kept in serviceable condition at each coal mine. Not less than 25 percent of those in use or one, whichever is greater, shall be kept in reserve at each mine for use in emergency.

(c) Permissible flame safety lamps shall be entrusted for use only to certified persons or to approved competent persons who have been accredited as users of flame safety lamps as required in this chapter.

(d) Every person who knows his flame safety lamp to be injured or defective shall immediately extinguish it and promptly report its condition to his supervisor, the mine foreman, or to the designated lamp attendant. Defective lamps must be kept separate from others until repaired.

","history":"(Acts 1949, No. 207, p. 242, §19; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24944,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24523,"codeId":2490,"versionId":1927,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-88","shortTitle":"Section 25-9-88","catchLine":"Reports as to Ventilation, Gas Content, Reopening of Mines, Etc.","title":"Section 25-9-88 Reports as to Ventilation, Gas Content, Reopening of Mines, Etc.","sectionRange":null,"content":"

(a) The operator of each coal mine shall send to the division a report monthly, or more often if necessary, showing the amount of ventilation and methane content at the inlet and outlet, the amount of ventilation and the methane content of return air at or near the last crosscut in each working entry, the number of splits and the number of men and animals on each split and the places gas has been detected in old workings. The report shall include a record of the pressure gauge readings at the fan.

(b) A prompt report, by the quickest available means, must be made by the operator to the division upon detection of any dangerous accumulation of methane in any coal mine, whether accompanied by explosion or not. This report shall state precautions taken to safeguard employees and action taken or planned to remove the dangerous accumulation. The division shall issue such supplementary orders as may be indicated and dispatch one or more inspectors promptly to the mine if the circumstances warrant.

(c) A report shall be made by the operator to the division prior to opening any new or reopening any abandoned coal mine or abandoning any coal mine.

(d) A report shall be made by the operator to the division when the workings of any coal mine are approaching an abandoned coal mine, shaft, or other underground passages that are known to contain or may contain dangerous accumulations of water or gas.

(e) A report shall be made by the operator to the division upon the accidental closing or prior to the intended abandonment or closing of any passageway to an escapement outlet.

(f) A report shall be made by the operator to the division before breaking through any opening into a coal mine whether from or to the surface or through other mine shafts or other passages.

","history":"(Acts 1949, No. 207, p. 242, §20; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24945,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24524,"codeId":2493,"versionId":1930,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-89","shortTitle":"Section 25-9-89","catchLine":"Procedure When Workings Approaching Inaccessible Accumulations of Gases or Water.","title":"Section 25-9-89 Procedure When Workings Approaching Inaccessible Accumulations of Gases or Water.","sectionRange":null,"content":"

When workings are being driven toward any worked out and inaccessible or abandoned area or a shaft, that may contain accumulations of gases or water and cannot be inspected, they shall be narrowed to eight feet or less in width. Persons driving these workings shall constantly keep one bore hole near the center of the working and 20 feet in advance and one bore hole 15 feet deep in each rib at a 45 degree angle and at intervals of six feet as the face is advanced. These test holes shall not be used for blasting. Separate blasting holes, not over four feet deep, must be drilled. These precautions must begin at least 100 feet from the probable source of danger.

","history":"(Acts 1949, No. 207, p. 242, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24946,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24525,"codeId":2500,"versionId":1936,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-90","shortTitle":"Section 25-9-90","catchLine":"Duty of Employees to Report Damage or Unsafe Conditions; Correction of Damage or Unsafe Conditions.","title":"Section 25-9-90 Duty of Employees to Report Damage or Unsafe Conditions; Correction of Damage or Unsafe Conditions.","sectionRange":null,"content":"

Each employee shall promptly inform his supervisor or the mine foreman of damage to or unsafe condition of any ventilation appliance when known by the employee or of any obstruction in air passages or other interference with normal ventilation of which he has knowledge. The supervisor or mine foreman who knows of or to whom such damage or unsafe condition is reported is responsible for prompt correction.

","history":"(Acts 1949, No. 207, p. 242, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24947,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24526,"codeId":2505,"versionId":1940,"parentId":2449,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-91","shortTitle":"Section 25-9-91","catchLine":"Prohibited Acts.","title":"Section 25-9-91 Prohibited Acts.","sectionRange":null,"content":"

It shall be a misdemeanor for any person to enter, without an order from an authoritative official, or go dangerously near any mine or part of a mine of which he has been warned personally or by danger board of the presence of gas in dangerous quantities, or knowingly to destroy, damage, or lessen the effectiveness of any ventilation appliance or facility, or to open a ventilating door that is in use without promptly closing the same, or to do any willful act knowing that the consequence of his act might result in accumulation or ignition of gas.

","history":"(Acts 1949, No. 207, p. 242, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24948,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24527,"codeId":2517,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Coal and Rock Dust.","title":"Article 5 Coal and Rock Dust.","sectionRange":"§25-9-110 to §25-9-111","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24949,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24528,"codeId":2518,"versionId":1949,"parentId":2517,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-110","shortTitle":"Section 25-9-110","catchLine":"Accumulation of Coal Dust; Methods for Allaying Dust at Source.","title":"Section 25-9-110 Accumulation of Coal Dust; Methods for Allaying Dust at Source.","sectionRange":null,"content":"

(a) Coal dust shall not be allowed to accumulate excessively along conveyor lines, roadways, at loading points or at underground tipples, but shall be loaded and sent out of the mines. Coal dust in dangerous quantities in abandoned areas shall, where practicable be rendered inert.

(b) Where mining operations raise an excessive amount of dust into the air currents, water or water with a wetting agent added to it or other effective methods shall be used to allay such dust at its source.

","history":"(Acts 1949, No. 207, p. 242, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24950,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24529,"codeId":2524,"versionId":1954,"parentId":2517,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-111","shortTitle":"Section 25-9-111","catchLine":"Rock Dusting.","title":"Section 25-9-111 Rock Dusting.","sectionRange":null,"content":"

(a) Rock dust to be used to render coal dust inert shall come within the following specifications:

Combustible matter not more than five percent by volume, quartz or free silica particles not more than five percent by volume, and not unduly absorbent of moisture and preferably light in color. Rock dust shall be pulverized so that 100 percent will pass through a 20 mesh screen and 70 percent or more will pass through a 200 mesh screen.

(b) Rock dust shall be applied and maintained upon the top, floor, and sides of all open places, passages, and haulageways in such quantities that the incombustible contents of mine dust that could initiate or propagate an explosion will not be less than 65 percent, but the incombustible content in the return air courses shall be no less than 80 percent. Rock dust shall be so applied and maintained to include the last open breakthrough of rooms and entries and to within 40 feet of the faces or closer if necessary.

(c) In back entries and air courses, rock dust barrier protection in lieu of generalized rock dusting may be authorized by the chief of the division upon request by the operator. The chief of the division will prescribe the methods of protection that may be substituted.

(d) Where methane is present in any ventilating current, the percentage of incombustible content shall be increased one percent and four-tenths percent for each one-tenth percent of methane where 65 and 80 percent, respectively, of incombustibles are required.

(e) Mines or locations in mines that are too wet or too high in incombustible content for a coal dust explosion to initiate or propagate are not required to be rock dusted during the time such conditions prevail.

","history":"(Acts 1949, No. 207, p. 242, §24; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24951,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24530,"codeId":2530,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Explosives and Blasting.","title":"Article 6 Explosives and Blasting.","sectionRange":"§25-9-130 to §25-9-137","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24952,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24531,"codeId":2531,"versionId":1959,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-130","shortTitle":"Section 25-9-130","catchLine":"Permissible Explosives and Blasting Methods Generally; Use of Black Blasting Powder; Use of Dynamite, Etc.","title":"Section 25-9-130 Permissible Explosives and Blasting Methods Generally; Use of Black Blasting Powder; Use of Dynamite, Etc.","sectionRange":null,"content":"

(a) Permissible explosives or permissible blasting methods only shall be used in blasting coal or coal and other material in all mines where on shift.

(b) Black blasting powder shall not be stored or used in underground coal mines.

(c) Prior to use of Cardox or Airdox, both of which are classed as permissible blasting methods, or any other blasting device or method that may later be classed as permissible, the operator must secure written approval from the chief of the division. The chief in granting approval will issue instructions as to storage, transportation, handling, charging, tamping, detonating, and handling misfires. These instructions will be made conditions of the approval, and violations of any of them will be considered violations of this section.

(d) Prior to use of dynamite or any other nonpermissible explosive for blasting in rock tunnels, shafts, etc., the operator must secure written approval from the chief of the division. The chief in granting approval shall issue instructions as to storage, transportation, handling, charging, tamping, detonating, and handling misfires. These instructions shall be made conditions of the approval, and violations of any of them will be considered violations of this section.

","history":"(Acts 1949, No. 207, p. 242, §25; Acts 1951, No. 204, p. 465; Acts 1959, No. 80, p. 488; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24953,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24532,"codeId":2536,"versionId":1963,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-131","shortTitle":"Section 25-9-131","catchLine":"Surface Storage of Explosives and Detonators.","title":"Section 25-9-131 Surface Storage of Explosives and Detonators.","sectionRange":null,"content":"

(a) Separate surface magazines shall be provided for the storage of explosives and detonators and shall be kept in good repair.

(b) Magazines shall be constructed of or covered with fire and weather resistant material, shall be reasonably bullet proof and shall have no metal or sparking material exposed inside the magazine. When a magazine is used for more than one type of explosive, each type shall be stored separately.

(c) The only openings shall be doors for entrance, which shall be securely locked when unattended, and properly screened vents.

(d) If artificial light is needed, only an electric flashlight, electric lantern, or electric cap lamp shall be used. Smoking, carrying of smokers’ articles, or open flame are prohibited in or within 25 feet of any magazine. Combustible materials, including rubbish and dry grass, shall be kept clear of any magazine for a distance of 25 feet in all directions.

(e) Other material shall not be stored with explosives or detonators and metallic tools shall not be used for opening containers of explosives.

(f) Distributing magazines, constructed of two-inch hardwood, or metal lined with nonsparking material or an equivalent may be used for storage or distribution of not more than 125 pounds of explosives or 5,000 detonators. No magazine shall be placed in a building containing any highly flammable material or waste and shall be at least 20 feet from a stove, furnace, open fire, or flame.

(g) All magazines shall be not less than 200 feet from any mine opening, unless effectively barricaded, and suitable danger signs shall be placed near all magazines.

","history":"(Acts 1949, No. 207, p. 242, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24954,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24533,"codeId":2541,"versionId":1967,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-132","shortTitle":"Section 25-9-132","catchLine":"Underground Transportation of Explosives and Detonators.","title":"Section 25-9-132 Underground Transportation of Explosives and Detonators.","sectionRange":null,"content":"

(a) Individual containers used to carry permissible explosives or detonators shall be constructed of substantial, nonconductive material, kept closed and maintained in good condition.

(b) When explosives or detonators are transported underground by locomotive, rope, or shuttle car they shall be in covered cars or in special containers.

(1) The bodies and covers of special cars and containers shall be constructed of nonconductive material.

(2) If explosives and detonators are hauled in the same explosives car or in the same special containers, they shall be separated by at least a four-inch substantially fastened hardwood partition or the equivalent.

(3) Where quantities of explosives and detonators are transported in special cars or in special containers in cars, they shall be hauled on a special trip not connected to any other trip, and shall not be hauled into or out of a mine within five minutes preceding or following a man-trip or any other trip.

(4) Explosives or detonators shall not be transported on the same trip with workmen other than those required in the transportation of the explosives or detonators.

(c) Explosives and detonators shall be transported underground by belt only under the following conditions:

(1) In the original and unopened case, in special closed cases constructed of nonconductive material or in suitable individual containers.

(2) Clearance requirements shall be the same as those for transporting men on belts.

(3) Suitable loading and unloading stations shall be provided.

(4) There shall be an attendant at loading and unloading points and stop controls at these points.

(d) Explosives or detonators shall not be transported on flight or shaker conveyors or by scraper or mechanical loading machines.

","history":"(Acts 1949, No. 207, p. 242, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24955,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24534,"codeId":2547,"versionId":1972,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-133","shortTitle":"Section 25-9-133","catchLine":"Underground Storage of Explosives and Detonators.","title":"Section 25-9-133 Underground Storage of Explosives and Detonators.","sectionRange":null,"content":"

(a) Underground section boxes or magazines shall be constructed of substantial nonsparking material and shall be placed in a crosscut or idle room neck at least 25 feet from roadways, trolley wires, or power lines, at least 75 feet from any working face and in a reasonably dry and well rock dusted place, free of oil, grease, or other debris.

(b) Explosives and detonators shall be stored separately and at least five feet apart. Not more than a 48-hour supply of explosives and detonators, including any surplus remaining from the previous day, shall be stored underground in section boxes or magazines. This maximum 48-hour supply will include supplies in individual or face boxes where used.

(c) A one day’s supply of explosives and detonators may be kept in individual or face boxes. Those boxes shall be wooden with hinged lids and shall be kept not less than 15 feet from roadways, trolley wires, or power lines; provided, that 15 feet may be reduced to five feet when the boxes are kept in a niche in the rib at least 75 feet from any working face and in a location out of line of blast where they will not likely be subjected to shock. Separate boxes, kept at least five feet apart, shall be used for explosives and detonators.

(d) Explosives and detonators shall be kept in their containers until removed for use at the working faces.

(e) Care shall be exercised to use the oldest explosives from storage before new supplies are used so that explosives will not remain in underground storage long enough to deteriorate.

","history":"(Acts 1949, No. 207, p. 242, §28; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24956,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24535,"codeId":2552,"versionId":1977,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-134","shortTitle":"Section 25-9-134","catchLine":"Blasting Practices and Procedures Generally.","title":"Section 25-9-134 Blasting Practices and Procedures Generally.","sectionRange":null,"content":"

(a) Only competent persons shall be designated or permitted to handle explosives or do blasting. Only electric detonators of proper strength may be used and the use of delay electric detonators is prohibited for blasting coal or coal and other material. Primers shall be made up as needed for blasting and prepared in accordance with the safety standards of the Institute of Makers of Explosives or of the manufacturer of the explosives as approved by the chief; provided, however, that nothing provided in this subsection shall prohibit the use of permissible millisecond blasting in conformity with the requirements, exceptions, limitations, conditions, and restrictions on the use thereof established or hereinafter established by the Bureau of Mines of the United States Department of the Interior.

(b) Care shall be used in placement and drilling of holes. Test roof, face, ribs and timbers for dangerous conditions before drilling or preparing holes. Certified official or approved competent persons must test for methane with approved methane detectors before drilling with electric powered drills and before charging bore holes.

(1) Bore holes shall not be drilled beyond the back of the cut or cutting shot nor into the solid ribs, roof, or floor.

(2) Where it is impractical to undercut, top cut, or shear the coal face and solid shooting is necessary, depending shots are prohibited. The method of placing and firing holes is subject to approval by the chief.

(3) Bore holes shall be cleaned and checked to see that they are placed properly and are of correct depth in relation to the cut before being charged.

(4) To prevent blown-out or windy shots, all portions of the bore holes, where the height of the coal permits, shall have a burden in all directions of at least 18 inches before being fired.

(c) Charges shall not exceed one and one-half pounds in bore holes under six feet in depth. Charges exceeding one and one-half pounds but not exceeding three pounds may be used only if bore holes are six feet or more in depth, have a burden in all directions of at least 18 inches and Class A or Class B permissible explosives are used.

(d) Bore holes shall be charged with explosives in a continuous train with no cartridges deliberately deformed or crushed, with all cartridges in contact with each other, and with the end cartridges touching the back of the hole and the stemming respectively.

(e) Bore holes shall be tamped with wooden tamping bars, and shall be stemmed with at least 24 inches of incombustible material or at least one half of the length of the hole shall be so stemmed if the hole is less than four feet in depth. Water-filled plastic bags for stemming may be used under the following conditions:

(1) The bags shall be made of polyvinyl chloride not less than six mils in thickness or equivalent in tear resistance and noninflammability.

(2) The bore hole shall be stemmed with at least one water-filled bag not less than 15 inches in length and within one fourth of one inch of the bore hole diameter. Short bore holes may not accommodate the entire bag, but this shall be acceptable.

(3) The bags shall be equipped with self-closing valves or equivalent leakproof protection.

(4) To prevent puncturing, the water-filled bag shall be pushed gently into the bore hole until it touches the charge of explosives and shall not be tamped or forced.

(f) In mines where shooting is done on shift, all shots or series of shots shall be fired promptly after charging and in the following manner:

(1) Remove shunts or untwist ends of leg wires of electric detonators and connect to firing cable.

(2) Move away from face, paying out cable and being sure cable does not contact pipe, pan line or other material that may carry stray currents. Keep leg wires and firing cable up out of water.

(3) Take firing position in protected place around at least one solid corner or in an adequate shelter hole.

(4) Give ample warning before shots are fired and ascertain that all persons are in the clear. See to it that men are removed from adjoining working places when there is possibility of a shot breaking through.

(5) Unshunt ends of firing cable, attach to blasting unit, call “Fire! Fire!” with intervals between each warning and set off charge.

(6) Disconnect firing cable and reshunt ends.

(7) Wait for smoke to clear and immediate roof effect to take place.

(8) Return to face, reeling up firing cable and make tests of face, roof, ribs, and timbers for dangerous conditions. In mines classed as gassy, a certified official or approved competent person must make a gas examination on return to the face after blasting.

(9) If gas or other dangerous conditions are found that cannot be made safe in normal course of work, mark place out with DANGER sign and report to mine foreman or supervisor in charge.

(g) Holes shall not be drilled, charged, or fired in any place where methane gas can be detected at one percent or more on an approved methane detector.

(h) In mines where shooting is done from the surface with all men out of the mine, a separate blasting circuit must be provided with a switch kept locked when not in use for blasting or written approval of the chief of the division must be secured. Requests to use power or a signal circuit for blasting with all men out of the mine, shaft, or slope must state precautions taken to guard against electrocution and premature detonation hazards. Approval by the chief will be conditioned on compliance with these precautions, violations of which will be considered violations of this section of the law.

(i) Mixed charges shall not be charged or fired in any bore hole.

(j) The firing of adobe (mudcap) or other open, unconfined shots is prohibited in any mine.

","history":"(Acts 1949, No. 207, p. 242, §29; Acts 1957, No. 197, p. 256; Acts 1965, No. 34, p. 51; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24957,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24536,"codeId":2557,"versionId":1982,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-135","shortTitle":"Section 25-9-135","catchLine":"Blasting Cables.","title":"Section 25-9-135 Blasting Cables.","sectionRange":null,"content":"

Blasting cables shall be:

(1) Kept well insulated and as long as may be necessary to permit the shot firer to get in a safe place around a corner.

(2) Short circuited at the battery end until ready to attach to the blasting unit.

(3) Staggered as to length or kept well separated when attached to the detonator leg wires.

(4) Kept clear of power wires and all other possible sources of active or stray currents.

","history":"(Acts 1949, No. 207, p. 242, §30.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24958,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24537,"codeId":2562,"versionId":1987,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-136","shortTitle":"Section 25-9-136","catchLine":"Misfires.","title":"Section 25-9-136 Misfires.","sectionRange":null,"content":"

(a) Where misfires occur with electric detonators, the person firing the shots shall disconnect his firing cable from the source of power and short circuit it by reshunting the ends of the cable. No person shall return to the shot until five minutes has elapsed from the misfire, and the firing cable must not be left behind anyone returning to the face.

(b) If a defect in the firing cable or connections is found, another attempt may be made to fire the shot or shots, exercising such cautions as covered in Section 25-9-134, subsection (f), subdivision (5).

(c) If the misfire is definite, explosives shall be removed by drilling and firing the bore hole for a separate charge at least two feet away from and parallel to the misfired charge, or by washing the stemming and the charge from the bore hole with water or by inserting and firing a new primer after the stemming has been washed out.

(d) A very careful search of the working place, and if necessary, of the coal after it reaches the tipple, shall be made after blasting a misfired hole, to recover any undetonated explosive.

(e) The handling of a misfired shot shall be under the direct supervision of the mine foreman, his assistant, or any competent person designated by the mine foreman or his assistant.

(f) If fuses and caps are used for blasting on the surface, misfires may not be approached by anyone until six hours have elapsed, and handling of the misfire must be done with due care and under direction of a supervisor or other competent person.

","history":"(Acts 1949, No. 207, p. 242, §31.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24959,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24538,"codeId":2567,"versionId":1992,"parentId":2530,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-137","shortTitle":"Section 25-9-137","catchLine":"Report of Premature Explosions.","title":"Section 25-9-137 Report of Premature Explosions.","sectionRange":null,"content":"

A prompt report shall be made to the chief of the division in any case of premature detonation or explosion of explosives, whether or not any person is injured.

","history":"(Acts 1949, No. 207, p. 242, §32.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24960,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24539,"codeId":2574,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Underground Fire Prevention and Control.","title":"Article 7 Underground Fire Prevention and Control.","sectionRange":"§25-9-150 to §25-9-155","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24961,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24540,"codeId":2576,"versionId":1999,"parentId":2574,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-150","shortTitle":"Section 25-9-150","catchLine":"Building of Fires in Mines; Use of Torches; Welding and Burning.","title":"Section 25-9-150 Building of Fires in Mines; Use of Torches; Welding and Burning.","sectionRange":null,"content":"

(a) No person shall build a fire or cause a fire to be built in any coal mine, except as provided hereinafter.

(b) Torches may be used by competent persons in mines for splicing trailing cables, provided suitable precautions are taken against ignition of methane, coal dust, or combustible materials. Torches must be maintained at all times in good operating condition and leakproof.

(c) Welding and burning may be done in mines provided all equipment and gauges are maintained in good order and not abused and suitable precautions are taken against ignition of methane, coal dust, or combustible materials. Only persons who have demonstrated competence in welding and burning are entrusted to do this work. Adequate eye protection will be used by all persons doing welding or burning, and precautions shall be taken to prevent other persons from exposure that might be harmful to their eyes.

Certified officials or approved competent persons shall examine for gas with approved methane detectors before welding or burning and at 20-minute intervals until work is complete.

When torches are used and welding and burning is done, a minimum of 150 pounds of rock dust and/or a 2A 10-B:C fire extinguisher shall be provided for prompt extinguishing of fires accidentally started.

(d) Approval of the chief of the division will be secured before firing coal seams in connection with gassification or other mining methods that may be practiced experimentally or commercially entailing controlled burning of coal in mines. Before granting approval, the chief will ascertain that the proposal entails no undue hazards to persons and that public property and property of other owners will not be endangered.

","history":"(Acts 1949, No. 207, p. 242, §33; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24962,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24541,"codeId":2581,"versionId":2004,"parentId":2574,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-151","shortTitle":"Section 25-9-151","catchLine":"Examinations for Fire.","title":"Section 25-9-151 Examinations for Fire.","sectionRange":null,"content":"

In any mine or part of a mine which will be neither fire-bossed nor worked on the following shift, a supervisor or other responsible person shall examine all working places after face work ceases for evidence of fire.

","history":"(Acts 1949, No. 207, p. 242, §34.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24963,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24542,"codeId":2586,"versionId":2009,"parentId":2574,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-152","shortTitle":"Section 25-9-152","catchLine":"Use, Storage, Etc., of Oil, Grease, and Lubricants; Fire Extinguishing Equipment.","title":"Section 25-9-152 Use, Storage, Etc., of Oil, Grease, and Lubricants; Fire Extinguishing Equipment.","sectionRange":null,"content":"

(a) Oiling or greasing of mine cars inside coal mines is permitted only when the work and storage areas are kept reasonably clean at all times. Storage of oil or grease for this purpose is limited to three barrels, and must be in a fireproof compartment connecting with return airway direct to the surface and without contacting active workings.

(b) Lubricants for use in underground shops must be kept in approved portable containers, kept securely closed when not in use and are not to exceed a one day’s supply; provided, that more than a one day’s supply may be stored underground in reasonable quantities if stored in a fireproof compartment connecting with return airway to the surface and without contacting active workings.

(c) Lubricants for use in sections using mechanical equipment must be kept in approved portable containers, kept securely closed when not in use in minimum quantities required for operations, not exceeding 48 hours.

(d) All points at which lubricants are used, kept, or stored shall be kept reasonably clean and free of avoidable spillage.

(e) Five hundred pounds of rock dust or sand or a 2A 10-B:C fire extinguisher shall be kept convenient to each oil or grease storage area in mines.

(f) Two hundred pounds of rock dust or sand or a fire extinguisher suitable for use in Class A fires will be kept convenient to each set of doors used for ventilation in mines.

(g) Five hundred pounds of rock dust or sand or a 2A 10-B:C fire extinguisher shall be kept convenient to each station or room containing mine transformers, rectifiers, motor generator sets, battery chargers, permanent pump, or air compressor control rooms and such other stationary and permanent or semipermanent equipment as may be classed by the chief of the division as a serious hazard in event of fire.

","history":"(Acts 1949, No. 207, p. 242, §35; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24964,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24543,"codeId":2590,"versionId":2013,"parentId":2574,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-153","shortTitle":"Section 25-9-153","catchLine":"Underground Stables.","title":"Section 25-9-153 Underground Stables.","sectionRange":null,"content":"

No underground stables shall be constructed or used in coal mines after August 12, 1949, and straw for bedding or hay for feeding animals shall not be sent into coal mines. This does not apply to mines stabling animals underground on August 12, 1949. Rules for preventing fires and for maintenance of such stables and for handling straw and hay shall be prescribed in writing by the chief. Failure to comply with these rules shall constitute a violation of this chapter.

","history":"(Acts 1949, No. 207, p. 242, §36.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24965,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24544,"codeId":2593,"versionId":2016,"parentId":2574,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-154","shortTitle":"Section 25-9-154","catchLine":"Procedure Upon Discovery of Fire.","title":"Section 25-9-154 Procedure Upon Discovery of Fire.","sectionRange":null,"content":"

(a) The first person to discover a fire and any person in the vicinity shall take prompt steps to extinguish the fire.

(b) If the fire cannot be quickly extinguished, word shall be sent immediately to a competent official of the mine, who shall take charge and order all workmen out of the affected area except those designated for fire fighting.

(c) If the fire gets out of control, workmen shall be withdrawn pending action to flood or seal off the affected area. The phase shall be under the direction of the senior mine official available, in consultation with the chief of the division or a designated inspector.

","history":"(Acts 1949, No. 207, p. 242, §37.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24966,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24545,"codeId":2598,"versionId":2020,"parentId":2574,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-155","shortTitle":"Section 25-9-155","catchLine":"Operators to Report Fires; Assistance, Etc., of Chief in Extinguishing Fires, Etc.","title":"Section 25-9-155 Operators to Report Fires; Assistance, Etc., of Chief in Extinguishing Fires, Etc.","sectionRange":null,"content":"

Immediately upon knowledge of serious fire in or about a mine, the operator shall report by the quickest available means to the chief of the division giving all information known to him. Based on the information, the chief shall take prompt action to go in person or dispatch qualified subordinates to the scene of the fire for consultation, and assist in the extinguishing of the fire and the protection of exposed persons. In event of difference of opinion as to measures required, the decision of the chief or his designated subordinate shall be final, but must be given to the operator in writing to have the force of an order.

","history":"(Acts 1949, No. 207, p. 242, §38.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24967,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24546,"codeId":2604,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Electrical Equipment.","title":"Article 8 Electrical Equipment.","sectionRange":"§25-9-170 to §25-9-176","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24968,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24547,"codeId":2607,"versionId":2026,"parentId":2604,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-170","shortTitle":"Section 25-9-170","catchLine":"Transformers, Conversion Equipment, Etc.","title":"Section 25-9-170 Transformers, Conversion Equipment, Etc.","sectionRange":null,"content":"

(a) All surface transformers, unless of “dead front” construction or if installed at least eight feet above ground, shall be enclosed in a house or surrounded by a fence at least six feet high. If the enclosure is of metal, it shall be grounded effectively. The gate or door to the enclosure shall be kept locked at all times unless authorized persons are present.

(b) Underground transformers installed after August 12, 1949, shall be aircooled or nonflammable liquid cooled.

(c) Underground stations containing transformers or circuit breakers filled with inflammable oil shall be provided with door sills or their equivalent which will confine the oil if leakage or explosion occurs, and shall be of fireproof construction.

(d) Transformers shall be provided with automatic cutouts.

(e) All underground transformers or conversion equipment, whether permanent or portable, shall be kept in housings of fireproof construction; provided, that equipment designed and constructed to be fireproof is exempted from this requirement.

(f) The operator of every mine where permanent transformers or conversion equipment is installed underground shall designate or cause to be designated on the map provided for by law the locations of transformer and conversion equipment stations.

(g) “Danger - High Voltage” signs shall be posted conspicuously on all transformer enclosures, high-potential switchboards, and other high-potential installations.

","history":"(Acts 1949, No. 207, p. 242, §39; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24969,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24548,"codeId":2611,"versionId":2030,"parentId":2604,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-171","shortTitle":"Section 25-9-171","catchLine":"Power Wires and Circuits; Signal and Telephone Wires; Trolley and Feeder Wires.","title":"Section 25-9-171 Power Wires and Circuits; Signal and Telephone Wires; Trolley and Feeder Wires.","sectionRange":null,"content":"

(a) All power circuits entering a mine shall be protected against lightning by lightning arrestors at or near the points of entrance to the mine. All power circuits shall be protected against lightning or other surges by adequate circuit breakers, fuses, or both.

(b) All power wires, except trailing cables and ground wires, whether bare or insulated, shall be supported on well-installed insulators and shall not touch combustible material, roof, or ribs. Power wires or cables installed prior to August 12, 1949, in locations inaccessible without prohibitive expense may be continued in use if approved by the division.

(c) Power wires shall be insulated properly when passing through doors and stoppings and where they cross other power circuits.

(d) Signal wires and telephone wires shall be run at a safe distance and, where possible, shall be placed on the opposite side of the slope or heading from the power wires.

(e) Where track is used as a power conductor:

(1) Tracks shall be bonded and cross-bonded in such manner as to assure adequate return.

(2) Switches on entries shall be well bonded.

(f) Employees called upon to do work on energized electric circuits or energized parts of electrical equipment shall use properly tested lineman’s electric gloves and leather protector gloves.

(g) Trolley and feeder wires shall be installed as follows:

(1) Aligned properly and where installed after August 12, 1949, at least six inches outside the track gauge line.

(2) Provided with cutout switches at intervals of not more than 2,000 feet and near the beginning of all branch lines.

(3) Kept taut and not permitted to touch roof, rib, or cross bars. Particular care should be taken where they pass through door openings to preclude bare wires coming in contact with combustible material.

(4) Trolley or bare feeder cables shall be guarded adequately where it is necessary for men to pass or work under them regularly unless the wires are more than six and one-half feet above the top of the rail. They shall also be guarded adequately on both sides of doors and regardless of height at all stations designated for loading and unloading of mantrips and at sand boxes.

","history":"(Acts 1949, No. 207, p. 242, §40.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24970,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24549,"codeId":2617,"versionId":2036,"parentId":2604,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-172","shortTitle":"Section 25-9-172","catchLine":"Grounding of Frames, Casings, and Other Electrical Equipment.","title":"Section 25-9-172 Grounding of Frames, Casings, and Other Electrical Equipment.","sectionRange":null,"content":"

Where grounding wires are used to ground metallic sheaths, armors, conduits, frames, casings and other metallic enclosures, such grounding wires must comply with the following conditions:

(1) The cross-sectional area (size) of the grounding wire shall be at least one-half the cross-sectional area (size) of the power conductor where the power conductor used is No. 6 A.W.G. or larger.

(2) Where the power conductor used is less than No. 6 A.W.G., the cross-sectional area (size) of the grounding wire shall be equal to the cross-sectional area (size) of the power conductor.

","history":"(Acts 1949, No. 207, p. 242, §41; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24971,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24550,"codeId":2623,"versionId":2039,"parentId":2604,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-173","shortTitle":"Section 25-9-173","catchLine":"Circuit Breakers, Etc.; Insulating Platforms.","title":"Section 25-9-173 Circuit Breakers, Etc.; Insulating Platforms.","sectionRange":null,"content":"

(a) Circuit breakers or other overload devices shall be provided to protect power circuits.

(b) Insulating platforms of dry wood, rubber, or other suitable nonconductive material shall be kept in place at each switchboard, underground telephone station, power control switches, and at stationary machinery where shock hazards exist; provided, that metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal noncurrent-carrying parts of the power switches to be operated may be used.

","history":"(Acts 1949, No. 207, p. 242, §42; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24972,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24551,"codeId":2629,"versionId":2042,"parentId":2604,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-174","shortTitle":"Section 25-9-174","catchLine":"Telephones.","title":"Section 25-9-174 Telephones.","sectionRange":null,"content":"

Telephone service or approved equivalent means of communication shall be provided at the bottom of each main shaft or slope and in all mines from the surface to the working sections of the mine where the mine workers are more than 1,500 feet from the surface.

","history":"(Acts 1949, No. 207, p. 242, §43.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24973,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24552,"codeId":2634,"versionId":2045,"parentId":2604,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-175","shortTitle":"Section 25-9-175","catchLine":"Electric Drills, Etc.; Trailing Cables; Cables for Portable Equipment.","title":"Section 25-9-175 Electric Drills, Etc.; Trailing Cables; Cables for Portable Equipment.","sectionRange":null,"content":"

(a) Electric drills or other electrically operated rotating tools intended to be held in hands shall have the electric switch constructed so as to break the circuit when the hand releases the switch or shall be equipped with friction or safety clutches.

(b) All new trailing cables installed after November 21, 1975, shall meet the requirements set out by the Secretary of the Interior in Bureau of Mines schedule 2G and in subsequent revisions.

(c) Cables for portable underground electric equipment shall be provided with suitable overload protection and power taps, unless properly connected to permissible junction or distribution boxes.

","history":"(Acts 1949, No. 207, p. 242, §44; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24974,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24553,"codeId":2639,"versionId":2048,"parentId":2604,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-176","shortTitle":"Section 25-9-176","catchLine":"Electric Lights.","title":"Section 25-9-176 Electric Lights.","sectionRange":null,"content":"

Electric lights shall be installed so that they cannot come in contact with combustible materials. The wires shall be supported by suitable insulators and fastened securely to the power conductors.

","history":"(Acts 1949, No. 207, p. 242, §45.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24975,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24554,"codeId":2647,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"9","shortTitle":"Article 9","catchLine":"Roof Support.","title":"Article 9 Roof Support.","sectionRange":"§25-9-190 to §25-9-192","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24976,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24555,"codeId":2650,"versionId":2055,"parentId":2647,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-190","shortTitle":"Section 25-9-190","catchLine":"Testing and Examination of Roof, Faces, Ribs, Etc.; Correction of and Precautions Against Unsafe Conditions.","title":"Section 25-9-190 Testing and Examination of Roof, Faces, Ribs, Etc.; Correction of and Precautions Against Unsafe Conditions.","sectionRange":null,"content":"

(a) It shall be the duty of the mine foreman and his subordinate supervisors to ascertain that all workmen are trained in proper methods of testing the roof, face, and ribs. The mine foreman shall designate the tool or tools to be used for testing.

(b) Face workers and other employees whose work exposes them to hazards of falls of rock and coal shall thoroughly test the roof, face, and ribs before starting work or before starting a machine and frequently thereafter. The required test may be made by any competent person for a crew. No person shall start work in a place tested by another unless he is satisfied as to the thoroughness of the test, or until after he himself has made a test.

(c) If the roof, face, or rib conditions are found to be unsafe, they shall be corrected by taking down loose material or securely supporting the same before work is started.

(d) If roof, face, or rib conditions are found to be unsafe and cannot be corrected by normal taking down or supporting practices, the place shall be guarded or danger boarded to prevent unauthorized entrance and the supervisor shall be promptly notified. The supervisor shall take the necessary action to correct the dangerous condition, delegating for this work only men who are capable.

(e) Precautions as outlined in subsections (b), (c), and (d) of this section shall be taken at any time during work that unsafe roof, face, or rib conditions are found to exist.

(f) At least once each shift the supervisor shall examine the roof, faces, ribs, and timbers or supports of all working places for unsafe conditions. Unsafe conditions found shall be corrected promptly.

(g) The mine foreman or subordinate supervisor shall examine or cause to be examined by a competent person the condition of the roof and ribs of passageways where men travel, at least once each 24 hours of operation. Unsafe conditions found shall be corrected promptly.

","history":"(Acts 1949, No. 207, p. 242, §46.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24977,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24556,"codeId":2654,"versionId":2058,"parentId":2647,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-191","shortTitle":"Section 25-9-191","catchLine":"Installation, Etc., of Timbering or Other Roof Support Systems.","title":"Section 25-9-191 Installation, Etc., of Timbering or Other Roof Support Systems.","sectionRange":null,"content":"

(a) Timbering or other adequate roof support systems suitable to the roof conditions and mining system of each mine or part of a mine shall be adopted, complied with, and required. Additional timbering or supporting will be done where necessary.

(b) It shall be the duty of the mine foreman and his subordinate supervisors to ascertain that all workmen are trained in the proper methods of setting timbers or placing supports.

","history":"(Acts 1949, No. 207, p. 242, §47.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24978,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24557,"codeId":2660,"versionId":2061,"parentId":2647,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-192","shortTitle":"Section 25-9-192","catchLine":"Maintenance of Supply of Timbers or Other Roof Supports.","title":"Section 25-9-192 Maintenance of Supply of Timbers or Other Roof Supports.","sectionRange":null,"content":"

(a) The operator of each mine shall keep on hand at the mine a sufficient supply of timbers of suitable length and cap pieces to be used as required in timbering underground workings. Timbers and cap pieces in required quantities and lengths as ordered shall be delivered to the working places designated or in cars to the point at which cars are accepted by the miners.

In hand loading mines, the miner shall order timbers and cap pieces at least one day in advance in order to have in his working place a sufficient supply for his needs. He shall place his order with the mine foreman or subordinate supervisor, stating the number and length of timbers needed. In mechanical mining, the mine foreman shall set up a systematic procedure for ordering and supplying of timbers and cap pieces. When timbers are needed in any working place and are not available, no person shall work in that place.

(b) In mines using roof supports other than timber, it shall be the responsibility of the operator to maintain an adequate supply of materials required and to insure their delivery in sufficient quantities to the working places as needed.

","history":"(Acts 1949, No. 207, p. 242, §48.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24979,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24558,"codeId":2665,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"10","shortTitle":"Article 10","catchLine":"Hoisting and Haulage.","title":"Article 10 Hoisting and Haulage.","sectionRange":"§25-9-210 to §25-9-216","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24980,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24559,"codeId":2667,"versionId":2066,"parentId":2665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-210","shortTitle":"Section 25-9-210","catchLine":"Hoist Engineers; Signal Codes, Etc.; Safety Features of Cages, Hoist Engines, Hoist Ropes, and Hoist Shafts; Hoisting of Tools, Timber, Animals, Etc.","title":"Section 25-9-210 Hoist Engineers; Signal Codes, Etc.; Safety Features of Cages, Hoist Engines, Hoist Ropes, and Hoist Shafts; Hoisting of Tools, Timber, Animals, Etc.","sectionRange":null,"content":"

(a) Only competent engineers shall be placed in charge of or permitted to operate any engine used for conveying into and hoisting out of any coal mine. When men are being lowered or hoisted, an additional engineer competent to act in emergencies shall be present at the hoist controls. At all times when men are in the mine, a competent hoist engineer shall be available to receive notice or signals requiring his presence at the hoist engine controls. No engineer shall be required for automatically operated cages, elevators, or platforms.

(1) Only authorized persons shall enter the hoist engine room and no person shall interfere with or intimidate the hoist engineer in the discharge of his duties. No person shall speak to the hoist engineer while the engine is in motion, except to give signals to him. This subdivision shall be posted on the door of each hoist engine house.

(2) Assigned and relief hoist engineers shall be given and required to take annual physical examinations to ascertain that no disability or infirmity has arisen that might expose others to hazards. No hoist engineer shall be removed as a result of a physical examination unless it is recommended by the examining doctor and it is established that his physical condition renders continued employment as hoist engineer potentially hazardous to lives and/or property.

(b) There shall be a dependable method of signaling, audible to the hoist engineer, from all landings in shafts and slopes. Signal codes, approved by the division, shall be used and posted prominently in the engine house and at all places where signals are given.

(c) Cages used for lowering and hoisting men shall have the following safety features:

(1) Approved safety catches, which shall at all times be kept in good working condition.

(2) Suitable covers of sheet iron or equivalent covers, at least one fourth of an inch thick, or its equivalent, and hinged to open upward.

(3) Bars or rings in sufficient numbers and so located that every person permitted on the cage will have a secure handhold.

(4) Bridle chains attached to the main hoisting rope above the socket, from the top crosspiece of the carriage or cage, so that no single chain may be used for lowering or hoisting persons.

(5) Automatic self-detaching hooks, unless the hoisting engine be equipped with automatic stopping device, effective to prevent overwinding.

(6) Secure floor or platform that will not tip or dump or effective locking device to prevent tipping or dumping, kept locked whenever men or supplies are being lowered or hoisted.

(7) Floor adequate to carry the load and constructed so that it will be impossible for a person’s foot or body to enter any opening in the floor.

(8) Enclosed sides and gates, safety chains or bars across the ends of the cage.

(9) Daily inspection and a written record kept. A test of safety catches and of rope attachments shall be made on each inspection by the division in a manner approved by the chief, and results shall be noted in the report of inspection.

(d) Hoist engines shall have the following safety features:

(1) Adequate brakes capable of stopping and holding the fully loaded unbalanced cage or trip at any point in the shaft, slope, or on the incline.

(2) An accurate and reliable indicator showing the position of the cage or trip shall be placed in clear view of the engineer.

(3) When men are being lowered or hoisted, the maximum speed shall not exceed 900 feet per minute.

(4) One round trip shall be made not more than one-half hour before hoisting or lowering men. Chainer may ride this check trip in slope hoisting.

(5) Inspected daily by a designated competent person and a record made of inspections.

(e) Hoist ropes shall have the following safety features:

(1) Adequate size to handle the load and a proper factor of safety as defined in the American Standards Association wire rope standards, and shall be replaced when use becomes dangerous as determined by inspection.

(2) The rope shall have at least three full turns on the drum when extended to its maximum working length and shall make at least one full turn on the drum shaft or around the spoke of the drum (in case of a free drum) and be fastened securely by means of clamps or other means approved by the chief of the division.

(3) The hoisting rope shall be fastened to its load by a zinc-filled socket, thimbles, and clamps or other means approved by the chief of the division.

(4) Ropes shall be examined daily by a competent person and replaced when necessary. A record shall be made of all inspections showing condition of ropes and fastenings. Hoist ropes in shafts shall be kept well lubricated.

(f) Hoist shafts shall have the following features:

(1) All landings shall be kept clear and free from loose materials, and shall be securely fenced with automatic or other gates to prevent men or materials from falling into the shaft.

(2) At the bottom of each hoisting shaft and at all intermediate landings, a “run-around” shall be provided for safe passage from one side of the shaft to the other so that men or animals are not required to pass under or across the cage. This passageway shall not be less than five feet in height and three feet in width.

(3) Positive stop blocks or derails shall be placed near all shaft landings.

(4) An attendant shall be on duty at the surface when men are being hoisted or lowered at the beginning and end of each operating shift and when men are working in the shaft. Where automatic elevators or cages are used, no attendants shall be required at the elevator or cage stations.

(5) Persons engaged in deepening a shaft in which hoisting from an upper level is going on shall be protected from the danger of falling material by a suitable covering extending over the whole area of the shaft, sufficient openings being left in the covering for the passage of men or a bucket or other conveyance used in the sinking operations. No hoisting shall be done in any compartment of a shaft while repairs are being made in that compartment, except such hoisting as is necessary in order to make such repairs.

(g) No person shall ride upon a cage, elevator, skip, or bucket that is loaded with tools, timber, powder, coal rock, or other material except as follows:

(1) When tools and supplies are required for repairs to the shaft, or when a rider is required to assist in passing materials through a shaft or incline. In those cases a special signal must be used and extra care exercised by the hoist engineer.

(2) When hand tools or small amounts of supplies are carried by workmen in one hand, leaving the other free to hold onto the bar or ring provided.

(h) When tools, timber, or other materials are loaded so that their ends project above, they shall be securely fastened to the hoisting rope or to the upper part of the cage, skip, or bucket.

(i) No coal or rock shall be hoisted in any shaft while men are being lowered.

(j) No person shall ride on a cage containing a loaded car or on a single deck cage with an empty car.

(k) When a bucket is used for hoisting, safety hooks must be used and adequate means must be employed to control the bucket against spinning or excessive swinging.

(l) No driver or other person shall be permitted to descend or ascend a shaft with any horse or mule, unless the said horse or mule is secured in a suitable box or safely penned, and only the driver in charge of said horse or mule and such assistants as he may need shall accompany it in any case.

(m) Workmen repairing shafts or tipples shall use safety belts when they are exposed to hazards of falls.

","history":"(Acts 1949, No. 207, p. 242, §49; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24981,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24560,"codeId":2671,"versionId":2070,"parentId":2665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-211","shortTitle":"Section 25-9-211","catchLine":"Maintenance, Etc., of Mine Locomotives and Other Haulage Equipment.","title":"Section 25-9-211 Maintenance, Etc., of Mine Locomotives and Other Haulage Equipment.","sectionRange":null,"content":"

(a) Mine locomotives must be maintained so that brakes are adequate and in good order, sand riggings are operative, and locomotives are in safe operating condition.

(b) Other rolling stock must be maintained so that its condition does not entail undue hazards to transportation crews or to workmen whose duties require them to work around the haulage.

(c) Cars must be kept reasonably tight to hold coal spillage within practical limits.

(d) Motormen shall inspect locomotives before operating and report conditions found that make operation hazardous. They shall exercise a degree of care of haulage equipment consistent with the type of service and conditions of operation.

","history":"(Acts 1949, No. 207, p. 242, §50; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24982,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24561,"codeId":2675,"versionId":2074,"parentId":2665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-212","shortTitle":"Section 25-9-212","catchLine":"Construction, Installation, and Maintenance of Elements of Track of Haulage Roads.","title":"Section 25-9-212 Construction, Installation, and Maintenance of Elements of Track of Haulage Roads.","sectionRange":null,"content":"

(a) The roadbed, rails, joints, switches, frogs, and other elements of the track of all haulage roads shall be constructed, installed, and maintained in a manner consistent with speed and the type of haulage operations being conducted to insure safe operation.

(b) Track switches, except room and entry development switches, shall be provided with properly installed throws, bridle bars, and guard rails. Switch throws and stands, where possible, shall be placed on the clearance side.

","history":"(Acts 1949, No. 207, p. 242, §51.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24983,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24562,"codeId":2680,"versionId":2078,"parentId":2665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-213","shortTitle":"Section 25-9-213","catchLine":"Clearances, Crossovers, and Shelter Holes on Haulage Roads.","title":"Section 25-9-213 Clearances, Crossovers, and Shelter Holes on Haulage Roads.","sectionRange":null,"content":"

(a) Haulage roads on entries developed after August 12, 1949, shall have a continuous unobstructed clearance of at least 24 inches from the farthest projection of moving equipment, on the clearance side.

(b) On haulage roads where trolley lines are used, the clearance shall be on the side opposite the trolley lines.

(c) On the trolley wire or “tight” side, there shall be six inches of clearance on track haulages developed prior to March 30, 1970, and 12 inches of clearance on track haulages developed after that date.

(d) After August 12, 1949, all new sidetracks, partings, or entries equipped with more than one track shall have a clearance of at least 24 inches between the outermost projection of moving traffic.

(e) The clearance space on all haulage roads on entries driven before or after August 12, 1949, shall be kept free of loose rock, coal, supplies, or other materials; provided, that not more than 24 inches need be kept free of such obstructions.

(f) In those exceptional instances where extremely thin seams of coal entail taking more rock than coal, the provisions of subsections (a) and (e) of this section shall be modified for room entries, such modification to be by the chief in writing; provided, that all persons shall be instructed to and required to use shelter holes when trips or cars are passing.

(g) In those exceptional instances where extremely bad roof conditions in thin seams require special timbering, the unobstructed clearance provided for in subsections (a) and (e) of this section may be regarded as measured from the rib or gob line, collar legs notwithstanding.

(h) Ample clearance shall be provided at all points where supplies are loaded or unloaded along haulage roads or conveyors.

(i) Where it is necessary for men to cross conveyors regularly and where the width of conveyors or low roof introduces a hazard, suitable crossover bridges shall be provided.

(j) Shelter holes shall be provided along haulage entries driven after August 12, 1949, where locomotive, rope, or animal haulage is used. Such shelter holes shall be spaced not more than 80 feet apart. Except where the trolley wire is six feet six inches or more above the roadbed or guarded effectively at the shelter holes, they shall be on the side of the entry opposite the trolley wire.

(k) Shelter holes made after August 12, 1949, shall be at least five feet in depth, not more than four feet in width and six feet in height or as high as the traveling space if the traveling space is less than six feet high. Room necks and cross cuts may be used as shelter holes even though their width exceeds four feet.

(l) Shelter holes shall be kept clear of refuse and other obstructions.

(m) Shelter holes shall be provided at switch throws, except where more than six feet of clearance is maintained and at room switches.

(n) At each landing of a slope where men are passing and cars are handled, a shelter hole at least 10 feet deep, four feet wide, and six feet high shall be provided.

(o) Where the only travelway to or from work is an incline plane, rope, or locomotive roads on which men travel on foot while such incline planes, rope, or locomotive roads are used for hoisting or haulage, shelter holes as specified in subsection (k) of this section shall be provided at not more than 80 foot intervals. These shelter holes shall be provided even though the travelway was driven prior to August 12, 1949; except, that they will not be required on locomotive roads where six feet or more clearance exists from the outermost projection of moving traffic, nor in those cases where adequate safeguards have been provided to secure men against exposure to danger from wrecks and such safeguards are approved by the division.

","history":"(Acts 1949, No. 207, p. 242, §52; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24984,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24563,"codeId":2685,"versionId":2082,"parentId":2665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-214","shortTitle":"Section 25-9-214","catchLine":"Certain Machinery Prohibited Underground.","title":"Section 25-9-214 Certain Machinery Prohibited Underground.","sectionRange":null,"content":"

Nonpermissible internal combustion engines or other machinery which gives off noxious fumes shall not be permitted underground in any coal mine.

","history":"(Acts 1949, No. 207, p. 242, §53.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24985,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24564,"codeId":2690,"versionId":2087,"parentId":2665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-215","shortTitle":"Section 25-9-215","catchLine":"Safety Devices and Practices.","title":"Section 25-9-215 Safety Devices and Practices.","sectionRange":null,"content":"

(a) Locomotives shall be equipped with proper devices for the rerailing of locomotives and cars.

(b) An audible warning device and headlights shall be provided on each locomotive.

(c) Approved trip markers shall be used on the rear of trips pulled or pushed and on the front of trips lowered into slopes. Markers are not required to be used during gathering operations at working faces. Permissible trip lights, efficient reflectors, or closed nonpermissible trip lights are acceptable as trip markers.

(d) Other than the motorman and trip rider, no person shall ride on a locomotive unless authorized by the mine foreman, and no person shall ride on loaded cars or between cars of any trip; except, that the trip rider may ride on the part of the trip adjudged safest by the mine foreman and concurred in by the mine inspector, preferably the first or the last car. When officials or other persons authorized by the mine foreman, trafficman, haulage boss, or dispatcher are transported on loaded trips, an empty car shall be placed between the locomotive and the first loaded car, or when physical conditions of haulage require it as a safety measure, the mine foreman may designate the rear of trips for the empty to be placed.

(e) Motormen and trip riders shall not get on or off the cars, trips, or locomotives in motion; except, that a trip rider may get on or off the rear end of a slowly moving trip to throw a switch or perform other necessary haulage duties.

(f) Slides, skids, or other adequate means shall be used on descending trips on grades where the locomotive or car tugger hoist is not adequate to control the trip.

(g) On any slope or plane where the grade is against loaded trip, a drag or other suitable device, adequate to derail cars or the trip of cars in case they break loose and run back, shall be used.

(h) Uniform haulage signals shall be adopted for each mine or mines operated, and shall be complied with by all haulage crews.

(i) Flying or running switches are forbidden. Mine rules as to block signals and other haulage practices not covered in these laws shall be complied with by all officials, haulage crews, and other workmen.

","history":"(Acts 1949, No. 207, p. 242, §54.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24986,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24565,"codeId":2695,"versionId":2092,"parentId":2665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-216","shortTitle":"Section 25-9-216","catchLine":"Transportation of Men.","title":"Section 25-9-216 Transportation of Men.","sectionRange":null,"content":"

(a) Man-trips shall be operated at safe speeds consistent with the condition of roads and type of equipment used, but not to exceed 12 miles an hour in mine cars or 15 miles an hour when special, substantially covered man-trip cars are used.

(b) Each man-trip shall be under the charge of a responsible person and it shall be operated independently of any loaded trip of coal or other material.

(c) Cars on the man-trip shall not be overloaded and sufficient cars in good mechanical condition shall be provided.

(d) No person shall ride under the trolley wire unless suitably covered man-cars are used.

(e) No material or tools shall be transported in the same mine car with men and all persons shall ride inside of man-trip cars, except the motorman and brakeman or person in charge of the man-trip. Where compartmented man-cars are used, tools or supplies, other than explosives, secured so that they cannot cause injury to men in other compartments, may be transported in a compartment designated for that purpose.

(f) Men shall not load or unload before the cars in which they are to ride or are riding come to a full stop and men shall proceed in an orderly manner to and from man-trips.

(g) A waiting station shall be provided where men are required to wait for man-trips or man-cages. At places where men enter or leave man-trip conveyances, ample clearance shall be provided and provisions made to prevent persons from coming into contact with energized electric circuits. Adequate seating facilities shall be provided.

(h) Where hoists are used for handling men in underground slopes, in pitching beds or on slopes between two or more beds, the provision as to man-trips applies and special care shall be exercised to insure that cars do not break loose while being hoisted or lowered.

(i) Where belts are used for transporting men, a minimum clearance of 18 inches shall be maintained between the belt and the roof or crossbars, projecting equipment, cap pieces, overhead cables, wiring, and other objects, but where the height of the coal bed permits, the clearance shall not be less than 24 inches.

(j) The belt speed shall not exceed 300 feet a minute when vertical clearance is less than 24 inches and shall not exceed 350 feet a minute where clearance is more than 24 inches while men are being transported. Belt conveyors shall be stopped while men are loading or unloading.

(k) The space between men riding on a belt line shall be not less than five feet.

(l) Loading and unloading stations shall be illuminated properly.

(m) An official or some other person designated by the mine foreman shall supervise the man-trip loading and unloading of belts.

","history":"(Acts 1949, No. 207, p. 242, §55; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24987,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24566,"codeId":2705,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"11","shortTitle":"Article 11","catchLine":"Operation and Maintenance of Machinery.","title":"Article 11 Operation and Maintenance of Machinery.","sectionRange":"§25-9-230 to §25-9-232","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24988,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24567,"codeId":2707,"versionId":2097,"parentId":2705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-230","shortTitle":"Section 25-9-230","catchLine":"Face Equipment.","title":"Section 25-9-230 Face Equipment.","sectionRange":null,"content":"

(a) The cutter chains of mining machines shall be locked securely at all times except when the machine is cutting, the chain is being oiled or tested after repairs, or when the chain is moved to spot bits.

(1) When the chain is being oiled or tested after repairs, an operator must be at the controls ready to stop movement of the chain instantly. When the chain is being oiled, the bar must be free of the kerf and of material that might cause it to deflect, the person oiling must position himself before the chain is started, the chain must run in reverse and slowly and must be stopped and the lock replaced immediately after oiling is completed. Oiling devices or other methods that do not expose a workman to hazard from the moving chain may be used.

(2) When the chain is moved to spot bits, all persons must be in the clear of the bar and the lock must be replaced after the chain is moved and before the bits are spotted.

(3) When the chain is operated to test it after repairs, all persons must be in the clear of the bar and the lock must be replaced immediately after testing is completed.

(b) Care must be exercised at all times in the operation of mining and loading machines. Shields must be kept in place. Timbers removed by a cutting or loading crew must be reset or the roof otherwise secured. Care must be exercised to prevent persons not engaged in operation of machines from exposing themselves dangerously near the machines. Operators of machines that are self-tramming or machines that are loaded for tramming shall be alert to clearances and will observe all applicable laws and rules pertaining to haulage or movement of traffic.

(c) Conveyors and duckbills shall be properly installed and operated with care. Timbers removed in installing, moving, or sluicing a conveyor shall be reset promptly or the roof otherwise adequately secured.

(d) Care must be exercised in setting of and working around jack pipes used in operation of mining machines, conveyors, and loading machines.

(e) Operators of shuttle cars will satisfy themselves that brakes are adequate before and during operation and will exercise care to prevent knocking out timbers. They will promptly reset or report timbers unavoidably knocked out, will keep cars under control during operations, and give warning before making turns or passing through curtains or other points of obstructed vision.

(f) Face equipment must be stopped before being lubricated, wiped, or repaired, except as provided in subdivision (a) (1) of this section, and must not be restarted until persons oiling, wiping, or repairing have given a clear signal. This does not apply to lubrication of equipment that is designed or modified so that lubrication may be performed without exposure to moving parts.

(g) The mine foreman and his assistants are responsible that operators of face equipment are trained in the requirements of their work before they are entrusted with operation of face equipment, other than while undergoing training by competent operators.

(h) The mine operator and the mine officials are responsible for seeing that face equipment is adequately maintained as to safe operating conditions. Equipment operators are responsible for exercising reasonable care in the operation of the equipment entrusted to them and for reporting defects known to them.

(i) All junction or distribution boxes used for making multiple power connections inby the last open crosscut shall be permissible.

(j) All handheld electric drills, blower and exhaust fans, electric pumps, and such other low horsepower electric face equipment which are taken into or used inby the last open crosscut of any coal mine shall be permissible.

(k) All other electric face equipment which is taken into or used inby the last open crosscut of any coal mine shall be permissible.

(l) The operator of each coal mine shall maintain in safe condition all permissible type electric face equipment which is taken into or used inby the last open crosscut of any such mine.

(m) Trailing cables used in coal mines shall meet the requirements established for flame-resistant cables.

(n) Short-circuit protection for trailing cables shall be provided by an automatic circuit breaker or other no less effective device, approved by the chief of the division, of adequate current-interrupting capacity in each underground conductor. Disconnecting devices used to disconnect power from trailing cables shall be plainly marked and identified, and such devices shall be equipped or designed in such a manner that it can be determined from visual observation that the power is disconnected.

(o) When two or more trailing cables junction to the same distribution center, means shall be provided to assure against connecting a trailing cable to the wrong size circuit breaker.

(p) One temporary splice may be made in any trailing cable. Such trailing cable may only be used for the next 24-hour period. No temporary splice shall be made in a trailing cable within 25 feet of the machine, except cable reel equipment. Temporary splices in trailing cables shall be made in a workmanlike manner and shall be mechanically strong and well insulated. Trailing cables or hand cables which have exposed wires or which have splices that heat or spark under load shall not be used.

(q) When permanent splices in trailing cables are made, they shall be mechanically strong with adequate electrical conductivity and flexibility, effectively insulated, and sealed so as to exclude moisture and vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to the outer jacket.

(r) Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections. Trailing cables shall be adequately protected to prevent damage by mobile equipment.

(s) Trailing cable and power cable connections to junction boxes shall not be made or broken under load.

(t) All electrical equipment shall be frequently examined, tested, and properly maintained by a qualified person to assure safe operating conditions. When a potentially dangerous condition is found on electrical equipment, such equipment shall be removed from service until such condition is corrected. A record of such examinations shall be kept and made available to an authorized representative of the chief of the division and to the miners in such mine.

","history":"(Acts 1949, No. 207, p. 242, §§56, 57; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24989,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24568,"codeId":2711,"versionId":2102,"parentId":2705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-231","shortTitle":"Section 25-9-231","catchLine":"Shop Equipment, Etc.","title":"Section 25-9-231 Shop Equipment, Etc.","sectionRange":null,"content":"

(a) Gears, sprockets, friction devices, and couplings with protruding bolts or nuts, shafting and projecting shaft ends that are within seven feet of floor or platform level, belt or rope drives that are within seven feet of floor or platform level, fly wheels, and circular and band saws, and planers shall be guarded adequately.

(b) Grinders shall be installed and maintained in such manner that wheel speeds will not exceed rated speeds and reasonable protection is afforded against danger of flying particles and wheel disintegration.

(c) Repair pits shall be kept covered or guarded at all times when not in use to prevent falls into them.

(d) Machinery must be stopped before being lubricated, wiped, or repaired and reasonable precautions must be taken to prevent other persons from restarting them while such work is in progress. This does not apply as to lubrication of machinery that is designed or modified so that lubrication may be performed without exposure to danger from moving parts.

","history":"(Acts 1949, No. 207, p. 242, §58.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24990,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24569,"codeId":2716,"versionId":2107,"parentId":2705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-232","shortTitle":"Section 25-9-232","catchLine":"Operation of Machinery by Repairmen.","title":"Section 25-9-232 Operation of Machinery by Repairmen.","sectionRange":null,"content":"

Repairmen shall not operate machinery unless they are thoroughly familiar with requirements for safe operation. No person will order or require repairmen to operate machinery for moving or testing without ascertaining that the repairmen are thoroughly familiar with requirements for safe operation.

","history":"(Acts 1949, No. 207, p. 242, §59.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24991,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24570,"codeId":2722,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"12","shortTitle":"Article 12","catchLine":"Surface Structures and Practices.","title":"Article 12 Surface Structures and Practices.","sectionRange":"§25-9-250 to §25-9-254","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24992,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24571,"codeId":2724,"versionId":2112,"parentId":2722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-250","shortTitle":"Section 25-9-250","catchLine":"Use of Electrical Equipment; Maintenance, Etc., in Tipples and Cleaning Plants.","title":"Section 25-9-250 Use of Electrical Equipment; Maintenance, Etc., in Tipples and Cleaning Plants.","sectionRange":null,"content":"

(a) In dangerously dusty locations, electric motors, switches, and controls shall be of dust-tight construction or enclosed with reasonably dust-tight housing or enclosures. Open-type motors, switches, or controls now in use in tipples and cleaning plants in dusty locations may be continued in use until such dust-tight equipment can be procured or until they can be corrected with reasonably dust-tight housing or enclosures.

(b) Structures shall be kept free of excessive coal dust accumulations.

(c) Where coal is dumped at or near air intake openings, reasonable provisions shall be made to prevent the dust from entering the mine.

(d) Where repairs are being made to the plant, proper scaffolding and proper overhead protection shall be provided for workmen wherever necessary.

(e) Welding shall not be done in dusty atmosphere or dusty locations, and firefighting apparatus shall be readily available during welding.

","history":"(Acts 1949, No. 207, p. 242, §60.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24993,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24572,"codeId":2730,"versionId":2117,"parentId":2722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-251","shortTitle":"Section 25-9-251","catchLine":"Storage of Flammable Liquids in Lamp Houses.","title":"Section 25-9-251 Storage of Flammable Liquids in Lamp Houses.","sectionRange":null,"content":"

Naphtha or other flammable liquids in lamp houses shall be kept in approved containers or other safe dispensers.

","history":"(Acts 1949, No. 207, p. 242, §61.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24994,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24573,"codeId":2735,"versionId":2122,"parentId":2722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-252","shortTitle":"Section 25-9-252","catchLine":"Maintenance, Etc., of Stairways, Elevated Platforms, and Runways.","title":"Section 25-9-252 Maintenance, Etc., of Stairways, Elevated Platforms, and Runways.","sectionRange":null,"content":"

(a) Stairways, elevated platforms, and runways shall be equipped with handrails.

(b) Elevated platforms and stairways shall be provided with toeboards where necessary, and they shall be kept clear of refuse and maintained in good repair.

","history":"(Acts 1949, No. 207, p. 242, §62; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24995,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24574,"codeId":2739,"versionId":2126,"parentId":2722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-253","shortTitle":"Section 25-9-253","catchLine":"Housekeeping Practices.","title":"Section 25-9-253 Housekeeping Practices.","sectionRange":null,"content":"

Good housekeeping shall be practiced in and around mine buildings and yards. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, and broken glass.

","history":"(Acts 1949, No. 207, p. 242, §63.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24996,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24575,"codeId":2745,"versionId":2131,"parentId":2722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-254","shortTitle":"Section 25-9-254","catchLine":"Fire Prevention in Surface Structures.","title":"Section 25-9-254 Fire Prevention in Surface Structures.","sectionRange":null,"content":"

(a) Oil, grease, and similar flammable materials shall be stored in closed containers, separate from other materials so as not to create a fire hazard to nearby buildings or mines. If oil or grease is stored in a building, the building or the room in which it is stored shall be of fire-resistive material and well-ventilated. Tight metal receptacles shall be provided for oily waste.

(b) Smoking in or about surface structures shall be restricted to places where it will not cause fire or an explosion.

(c) Unless existing structures located within 100 feet of any mine opening are of reasonably fireproof construction, fire doors shall be erected at effective points in mine openings to prevent smoke or fire from outside sources endangering men working underground. These doors shall be tested at least monthly to insure effective operation.

","history":"(Acts 1949, No. 207, p. 242, §64.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24997,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24576,"codeId":2752,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"13","shortTitle":"Article 13","catchLine":"Surface Mining Operations.","title":"Article 13 Surface Mining Operations.","sectionRange":"§25-9-270 to §25-9-284","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":24998,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24577,"codeId":2755,"versionId":2139,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-270","shortTitle":"Section 25-9-270","catchLine":"Applicability of Provisions.","title":"Section 25-9-270 Applicability of Provisions.","sectionRange":null,"content":"

All other provisions of this chapter, except those obviously peculiar to underground operations and also those specifically provided for in this article, are applicable to surface mining operations. All provisions contained in this article applicable to surface operations of underground coal mines and not specifically covered elsewhere in this chapter apply to all coal mines.

","history":"(Acts 1949, No. 207, p. 242, §72; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":24999,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24578,"codeId":2760,"versionId":2144,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-271","shortTitle":"Section 25-9-271","catchLine":"Maintenance, Etc., of Banks; Overburden, Etc., of Open Pits.","title":"Section 25-9-271 Maintenance, Etc., of Banks; Overburden, Etc., of Open Pits.","sectionRange":null,"content":"

(a) Guards. Excavations shall be provided with substantial barriers at points where passageways, tracks, roadways, or buildings adjoin such excavation.

(b) Loose material. All pit walls shall be kept free of unsafe loose materials. Hazardous areas shall be flagged, and no work shall be permitted in such areas.

(c) Scaling. Safe, acceptable methods shall be used for removing loose materials from the highwalls.

(d) Slope of material. Spoil piles shall be kept safely sloped to prevent loose material from sliding into the work area.

(e) Overburden. The area immediately above the highwall shall be cleared to a safe distance to prevent loose hazardous material from falling into the pit.

","history":"(Acts 1949, No. 207, p. 242, §73; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25000,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24579,"codeId":2765,"versionId":2148,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-272","shortTitle":"Section 25-9-272","catchLine":"Maintenance, Etc., of Means of Access to Pits.","title":"Section 25-9-272 Maintenance, Etc., of Means of Access to Pits.","sectionRange":null,"content":"

(a) Access. Safe means of access shall be provided to all working places in any pit.

(b) Fastening ladders. All fixed ladders shall be properly installed, securely fastened and provided with back guards where necessary. At least three inches of toe clearance shall be provided.

(c) Incline of ladders. Under no circumstances shall any ladder inclining backward from the vertical be installed or used.

(d) Maintenance. Ladderways where used shall be maintained in safe condition and shall be inspected regularly.

(e) Steps. Where stairs are used, they shall comply with the requirements set forth in the basic safety manual, State of Alabama.

(f) Travel. Access to pits over railway haulage shall be provided with adequate warning signs.

(g) Walkway. Where access to pits is by walkway, it shall be properly graded, and if travel along the walkway is unsafe by reason of danger of falling into the pit, the walkway shall be protected by handrails. Drain ditches shall be laid out and both walk and drain ditches shall be kept free of broken stone, trash, and debris at all times.

","history":"(Acts 1949, No. 207, p. 242, §74; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25001,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24580,"codeId":2769,"versionId":2152,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-273","shortTitle":"Section 25-9-273","catchLine":"Operation, Inspection, and Maintenance of Shovels and Draglines.","title":"Section 25-9-273 Operation, Inspection, and Maintenance of Shovels and Draglines.","sectionRange":null,"content":"

(a) Inspection. Shovels and draglines shall be inspected at the beginning of each shift, and such inspection shall include all mechanical equipment. Electrical equipment shall be regularly inspected by a qualified person.

(b) Maintenance. Where mechanical shovels and draglines are used at night, all lights shall be inspected before darkness, defective globes replaced, and defective wiring repaired.

(c) Oiling. Mechanical equipment on shovels and draglines shall not be cleaned or oiled while in motion, except where so designed or modified as to make lubrication while in motion safe.

(d) Steps, etc. All steps, handrails, grab irons, and floors shall be kept free from grease and extraneous material.

(e) Unauthorized person. No unauthorized person shall be allowed on any power shovel or dragline.

(f) Passage of persons. No person shall pass under the boom or bucket of a shovel or dragline while in operation.

(g) Warning. The operator of a shovel or dragline shall sound a warning prior to placing the machine in operation.

","history":"(Acts 1949, No. 207, p. 242, §75; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25002,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24581,"codeId":2772,"versionId":2155,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-274","shortTitle":"Section 25-9-274","catchLine":"Electrical Equipment Installations and Inspections; Grounding and Insulation of Electrical Equipment; Trailing Cables.","title":"Section 25-9-274 Electrical Equipment Installations and Inspections; Grounding and Insulation of Electrical Equipment; Trailing Cables.","sectionRange":null,"content":"

(a) Installations and inspections. All electrical equipment installations shall be approved and all electrical inspections made by a qualified person.

(b) Grounding.

(1) Where grounding wires are used to ground metallic sheaths, armors, conduits, frames, casings, and other metallic enclosures, such grounding wires will be approved if:

a. The cross-sectional area (size) of the grounding wire is at least one-half the cross-sectional area (size) of the power conductor where the power conductor used is No. 6 A.W.G. or larger.

b. Where the power conductor used is less than No. 6 A.W.G., the cross-sectional area (size) of the grounding wire is equal to the cross-sectional area (size) of the power conductor.

(2) The protective grounding of electrical circuits and equipment to water pipe systems, when available, is desired as such grounding offers the most effective protection to life and property. Gas or air pipelines shall not be used for grounding circuits. Metal well casings, metal drain pipes, and similar buried metal structures of considerable extent may be used in lieu of extended buried water piping systems.

(3) The ground connection to metallic piping systems shall be made by means of a suitable connection firmly attached to the pipe after all rust and scale have been removed, or by means of a brass plug which has been tightly screwed into a pipe fitting or, where the pipe is of sufficient thickness, screwed into a hole in the pipe itself or by other equivalent means. The grounding conductor shall be attached to the clamp or to the plug by means of solder or a suitable solderless connector.

(4) If conduit, couplings, or fittings having protective coatings of nonconducting material, such as enamel, are used, such coating shall be thoroughly removed from couplings, conduits, and such surfaces of fittings where the conduit or ground connection is secured in order to obtain a good connection.

(5) Artificial grounds should be located where practicable below permanent moisture level, or, failing in this, a suitable means of grounding shall be used.

(6) Where copper ground plates are used, they should be at least six hundredths of an inch thick. When driven pipes are used, they should be of galvanized iron and not smaller than three fourths of an inch internal diameter, and when cast iron plates are used they should be at least twenty-five hundredths of an inch thick.

(c) Insulation.

(1) All fixed electric light and power lines, regardless of voltage, shall be properly supported on standard insulators.

(2) Drop cord extension light lines shall be flexible with heavy rubber insulation, equipped with a heavy wire light globe shield, hook, and heavy rubber handle.

(d) Trailing cables.

(1) Where employees are required to handle energized high voltage trailing cables, they shall be required to use cable tongs and wear rubber gloves. Where surroundings are wet, such employees shall also be required to wear rubber boots.

(2) Damage to the insulation of trailing cables shall be promptly reported and repairs made. Splicing shall be done only by a competent electrician or person competent to splice cables, and splices shall be made moisture-proof. Where it is necessary for mechanical equipment to cross a cable, safe cable bridges shall be provided and used. Where armored cables or conduit are used, the armor or metal conduit shall be electrically continuous, and, when necessary to splice armored cable, the broken section of the armor shall be bonded to insure electrical continuity.

","history":"(Acts 1949, No. 207, p. 242, §76; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25003,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24582,"codeId":2774,"versionId":2157,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-275","shortTitle":"Section 25-9-275","catchLine":"Guarding of Exposed Engines, Wheels, Etc.; Safety of Tools.","title":"Section 25-9-275 Guarding of Exposed Engines, Wheels, Etc.; Safety of Tools.","sectionRange":null,"content":"

(a) All exposed engines, wheels, screens, shafting, gears, belting, or other moving equipment shall be covered or adequately guarded in such a way as to make employees safe from injury through contact with such equipment.

(b) The operator shall be responsible for the safe condition of tools furnished employees by the operator and shall not permit the use of tools which are unsafe or permit the misuse of any tools.

(c) The employee shall be responsible for the safe condition of tools he furnishes and shall not use any such tools which are not in safe condition for use.

(d) The employee shall promptly report to the superintendent or foreman any tool being used by him which is in an unsafe condition, and said tool shall be promptly replaced or made safe by the person furnishing it.

","history":"(Acts 1949, No. 207, p. 242, §77.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25004,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24583,"codeId":2780,"versionId":2161,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-276","shortTitle":"Section 25-9-276","catchLine":"“Blasting Agent” and “Explosives” Defined; Storage and Transportation of Blasting Agents, Explosives, and Detonators Generally.","title":"Section 25-9-276 “Blasting Agent” and “Explosives” Defined; Storage and Transportation of Blasting Agents, Explosives, and Detonators Generally.","sectionRange":null,"content":"

(a)(1) “Blasting agent,” as used in this article, means any material consisting of a mixture of fuel and oxidizer which:

a. Is used or intended for use in blasting;

b. Is not classed as an explosive by the State Department of Transportation;

c. Contains no ingredients classed as an explosive by the State Department of Transportation; and

d. Cannot be detonated by a No. 8 blasting cap when tested as recommended in Bureau of Mines information circular 8179.

(2) The term “explosives,” as used in this article, includes blasting agents, unless blasting agents are expressly excluded.

(b) Main explosive storage magazines shall be located outside of the pit and shall comply with Section 25-9-131. Blasting agents shall be stored in the manner prescribed by Part 181, Title 26, Code of Federal Regulations, U.S. Department of the Treasury, and administered by the Internal Revenue Service.

(c) Explosives, excluding blasting agents, transported in motor trucks or other conveyances shall be transported in their original containers, and the motor trucks, vehicles, and other conveyances shall be so constructed that the explosives will be protected against shock and friction and the containers against contact with any exposed metal. Motor trucks, vehicles, or conveyances transporting explosives shall be plainly marked or placarded on both sides and the rear with the words “Explosives - Dangerous” in letters not less than three inches high.

(d) Motor trucks, vehicles, or other conveyances transporting explosives shall he handled in a safe and careful manner, and no person while smoking or under the influence of intoxicating liquor shall ride upon, drive, load, or unload a vehicle carrying explosives.

(e) No person other than those authorized to transport, load, or unload motor trucks, vehicles, or other conveyances carrying explosives shall ride with any load of explosives.

(f) No tools, other than for truck repairs, detonators, matches, or other flame producing materials shall be carried in any motor truck, vehicle, or other conveyance transporting explosives unless adequately protected against sparking.

(g) Explosives, excluding blasting agents, shall not be transported in any form of trailer nor shall any trailer be attached to a motor truck, vehicle, or other conveyance hauling explosives.

(h) All detonators shall be transported into the pit in the original containers or in suitable containers provided for the express purpose of transporting detonators or electric detonators.

(i) Persons engaged in transporting explosives, charging drill holes, or handling explosives for any purpose shall not be permitted to smoke or to use or carry any open flame.

(j) Where explosives are transported by hand, the explosives shall be carried in the original or a suitable container and capped fuse or electric detonators shall be carried separately in a separate container.

","history":"(Acts 1949, No. 207, p. 242, §78; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25005,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24584,"codeId":2784,"versionId":2165,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-277","shortTitle":"Section 25-9-277","catchLine":"Handling and Use of Explosives and Detonators.","title":"Section 25-9-277 Handling and Use of Explosives and Detonators.","sectionRange":null,"content":"

(a) Only designated persons shall cut, cap, and issue capped fuses and explosives.

(b) When cutting fuse, it shall be cut square across with a sharp clean instrument and the cap crimper used shall be of a type recommended by explosive manufacturers. A bench type crimper is recommended.

(c) No explosives container shall be opened with any metallic instrument.

(d) No person shall remove any explosives from a pit magazine without permission of the pit superintendent, foreman, or a person designated by the operator.

(e) Capped fuse or electric detonators shall not be stored within 50 feet of other explosives, power lines, cables, or other electrical conductors.

(f) Oils or other combustible substances shall not be stored within 50 feet of any explosives.

(g) Detonators shall not be removed from containers except as they are used for capping fuses or, in the case of electric detonators, as they are used in preparing primers, except when placed in other containers as recommended by manufacturers.

(h) Fuse shall not be cut and capped nearer than 50 feet to any explosives magazine.

(i) Paper, sawdust, wooden boxes, or cartons shall be placed at a safe distance from any magazine, and each day’s accumulation shall be removed at the end of the shift.

(j) Fuse shall be cut long enough to extend beyond the collar of a loaded drill hole, and in no case shall it be less than four feet in length.

(k) Small supplies of explosives or detonators stored in a pit shall be stored in magazines constructed in accordance with the specifications set forth in Section 25-9-131. In no case shall more than 200 pounds of explosives be stored at one time in such magazine.

(l) Magazines located in the pit should not be nearer than those standards set forth in the American Table of Distances for Storage of Explosives, a publication of the Institute of Makers of Explosives.

(m) No fuse shall be used that burns faster than one foot in 30 seconds or slower than one foot in 55 seconds according to the manufacturer’s rating.

(n) In capping fuse, at least one inch shall be cut from the end of each coil or roll of fuse used.

","history":"(Acts 1949, No. 207, p. 242, §79; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25006,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24585,"codeId":2788,"versionId":2168,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-278","shortTitle":"Section 25-9-278","catchLine":"Blasting Practices and Procedures Generally.","title":"Section 25-9-278 Blasting Practices and Procedures Generally.","sectionRange":null,"content":"

(a) All blasting shall be done in a safe manner after all persons have been removed to a safe place.

(b) All blasting should be done electrically or with detonating fuse.

(c) Primers shall be made up near the working place by competent persons experienced in handling explosives. Competent persons shall also load, assist in loading, or supervise the loading or charging of drill holes.

(d) Primers shall be prepared in accordance with safety standards of the Institute of Makers of Explosives or of the manufacturer of the explosives as approved by the chief. Holes made in the primer cartridge for the purpose of inserting the detonator shall be made with a wooden or other nonsparking implement.

(e) In tamping holes, only a wooden tamping bar or other nonsparking tamping bar shall be used. Before charging drill holes, except well holes, they shall be thoroughly cleaned. Explosives shall not be violently tamped in the drill hole but may be firmly charged; except, that undue pressure shall not be used against the primer cartridge when placing it in a drill hole. The primer cartridge shall not be slit.

(f) When a drill hole has been charged with explosives, it shall be filled to the collar with stemming material, as nearly free from rock as practical. The stemming material should be well tamped.

(g) No loading operations shall be carried on in working places where rock falling from the face or rolling rock is likely to endanger the loading operations. Working places shall be made safe for loading operations before loading is begun.

(h) Fuse igniters of the “hot wire” type or punk or their equivalent shall be used for igniting safety fuse.

(i) The number of detonations shall be counted as far as possible. Misfires shall be reported to the authorized person responsible for blasting, and no person shall return to the vicinity of the suspected misfire until 30 minutes have elapsed in the case of fuse blasting and until 15 minutes have elapsed in the case of electrical blasting. No regular pit operations shall be conducted in the area where an unexpected detonation of a misfired hole shall endanger employees. Misfires, except in the case of vertical holes, shall be reblasted by inserting a new primer in the drill hole. In such case, stemming or tamping material may be washed from the drill hole with water before inserting the new primer.

(j) In case of misfire in a vertical hole, if it is not possible or safe to insert a new primer, a new hole may be drilled under the personal supervision of the person responsible for blasting, and such hole shall be started not less than two feet from the original drill hole and shall be drilled at such an angle as to eliminate all danger of meeting or coming closer than two feet of the original drill hole. In the case of sprung holes, the new drill hole shall be placed and carried at such an angle that there will be no possibility of its meeting any part of the misfire charge; provided, that in case of a misfired vertical drilled hole, it shall not be disturbed, nor any attempt made to fire it, without permission of the superintendent or person responsible for blasting.

(k) “Bootlegs” or “guns,” if the bottom of the hole cannot be seen, shall be washed out with water or cleaned with a wooden stick whether or not explosives remain in them. If explosives are found in such “bootleg” or “gun,” the hole shall be treated as a misfired shot. All persons working in an area where explosives are found in the muck pile shall be alerted, and caution shall be exercised in recovering such explosives. Such recovered explosive shall be removed and later destroyed following procedure recommended by the explosive manufacturers. Any leftover explosive, capped fuse, or detonators remaining after loading the drill holes shall be returned to the storage magazine after loading operations have been completed.

(l) Oversize rock material set aside for blasting shall be examined to determine whether or not any unexploded powder remained in such rock or boulder. The person responsible for blasting shall determine whether or not rocks or boulders set aside for blasting are safe to drill.

(m) Boulders which must be broken by blasting shall be block holed. “Adobe,” “plaster,” or “mud-capped” shots shall be prohibited, except, that such shots may be permitted where no means of drilling such boulders is available; provided, that they shall then be fired under supervision of the person responsible for blasting.

(n) Where drill holes are sprung, the temperature of the chamber shall be determined before placing the final charge, and no hole shall be loaded with the final charge until the chamber has been cooled to 80 degrees Fahrenheit. No drill holes shall be sprung when adjacent to a loaded sprung hole.

(o) Cartridges shall not be forced into drill holes. Cartridges shall be placed in drill holes in the original wrapper.

(p) Where detonators are used, nothing less than No. 6 detonators or electric detonators shall be used to explode charges. Electric detonators from different manufacturers shall not be used in the same shot.

(q) One person shall not be allowed to light more than 10 fuses at one time.

","history":"(Acts 1949, No. 207, p. 242, §80; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25007,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24586,"codeId":2791,"versionId":2171,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-279","shortTitle":"Section 25-9-279","catchLine":"Electrical Blasting Practices and Procedures.","title":"Section 25-9-279 Electrical Blasting Practices and Procedures.","sectionRange":null,"content":"

(a) When loading or charging blast holes with electric detonators, all electric power within an unsafe distance of the place to be blasted shall be deenergized.

(b) Electric blasting with blasting machines or special circuit is permissible. With blasting machines, connections shall be made in series or in a combination connection recommended by the manufacturer. With power currents, connections shall be made in series, parallel, or a combination of the two.

(c) When blasting is by means of a special blasting circuit, no one shall enter the place in which the blasting has been done until the permanent blasting wires have been disconnected from the source of electrical energy and the blasting switch has been locked in the open position.

(d) The person responsible for blasting shall be in charge of the blasting machine when it is in the pit. No other person shall connect the blasting machine to the leading wires, and such connection shall not be made until the area has been made safe preparatory to the firing. An audible warning shall be sounded prior to the blasting.

(e) Electric current from power circuits shall not be used for firing shots in a pit except when the electric connections to power circuits are made within the enclosed switch box described in these rules.

(f) Permanent blasting lines shall be kept well in the clear from all power circuits and from all pipes, rails, etc., and shall be run or strung at least 20 feet away from all power circuits.

(g) Grounded circuits or systems shall not be used for electrical blasting.

(h) Permanent blasting lines, safety switches, and blasting switches shall be maintained by a competent electrician or other competent and experienced person.

(i) Leading wires from portable generating blasting devices or approved type batteries shall be not less than those recommended by the Institute of Makers of Explosives.

(j) Permanent blasting wires shall be so installed and maintained that they provide the current capacity required by the electrical firing device. All such wires shall be in conduit, shall consist of type “S” cable or equivalent or shall consist of two rubber covered wires strung on glass insulators or porcelain knobs. If rubber covered wires are used, they shall be kept at least five inches apart.

(k) Connecting wires shall be not less than those recommended by the Institute of Makers of Explosives.

(l) At the location where the shot firing is to be controlled, there shall be installed a suitable blasting circuit enclosed externally operated pole switch with the handle or lever arranged to be locked in the “off” position only.

(m) Where the blasting lines run to a single face to be blasted, a “safety” switch of the same type as required for the blasting switch shall be installed between the switch and the face. This switch shall be installed in a safe location guarded from flying rock.

(n) Where a single blasting switch is used for several blasting circuits, a safety switch shall be installed in each circuit immediately adjacent to the blasting switch. In addition, a second safety switch shall be installed in the circuit adjacent to the area to be blasted.

(o) A blasting galvanometer or circuit tester especially designed for blasting work shall be used for testing.

(p) Leg wires of electric detonators shall be kept short circuited by means of a short-circuiting device or by twisting the ends of the leg wires together, except that the short-circuiting devices may be removed temporarily for the purpose of testing detonators with the galvanometer.

(q) Before connecting the temporary wires to the leg wires or bus wires, the ends of the temporary wires that are to be connected to the safety switch shall be “shorted” by being twisted together. The man making or supervising the connection at the face must have the “shorted” ends of the temporary wires in his possession, and, after making the connections at the face, he shall run the temporary wires to the safety switch. He shall never attach the temporary wires to the safety switch before attaching them to the leg wires or bus wires.

(r) At the safety switch, said man shall untwist the temporary wires, unlock the safety switch, attach the temporary wires to the safety switch and then place the safety switch in the “on” position. He shall then proceed or signal to a designated person at the blasting switch, and he or such designated person shall unlock the blasting switch, throw it in the “on” position to fire the shot, then immediately return the blasting switch to the “off” position and lock it in that position. After blasting, no one shall go nearer the face that has been blasted than the safety switch until the safety switch has been opened, the temporary wires disconnected, and the safety switch locked in the “off” position.

(s) Loading and charging of blasting holes shall cease upon the approach of an electrical storm and shall not resume until conditions are safe. All persons shall be removed a safe distance from the charged area until conditions are safe.

(t) The minimum necessary number of persons shall be at the loading places when making the blasting connections. All other persons shall be a safe distance away from the loading place when blasting connections are made.

","history":"(Acts 1949, No. 207, p. 242, §81; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25008,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24587,"codeId":2797,"versionId":2175,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-280","shortTitle":"Section 25-9-280","catchLine":"Handling of Explosives During Blasting Operations; Warnings, Guards, Etc.","title":"Section 25-9-280 Handling of Explosives During Blasting Operations; Warnings, Guards, Etc.","sectionRange":null,"content":"

(a) Explosives, excluding blasting agents, must be unloaded in a safe manner and at a safe distance from the blasting place.

(b) If several boxes of explosives, except blasting agents, are deposited near the blasting circuit, the boxes shall be stacked in an orderly manner and protected from the sun by means of canvas or similar material so placed as to allow free circulation of air under the canvas and around the stacked boxes.

(c) Where blasting is carried on in dangerous proximity to public thoroughfares, such thoroughfares shall be blocked off previous to blasting or guards shall be stationed at each end of the endangered portion of such thoroughfare and all traffic shall be halted, with no person or vehicle allowed within the danger zone. Guards shall be provided with a metal sign having the words “Stop - Blasting” plainly printed thereon and shall also use a red flag for warning purposes.

(d) Packages containing explosives shall not be handled roughly, shall not be slid across floors, rocks, or other packages of explosives and shall not be thrown or dropped. Frozen explosives shall not be thawed or used but must be destroyed.

","history":"(Acts 1949, No. 207, p. 242, §82; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25009,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24588,"codeId":2801,"versionId":2179,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-281","shortTitle":"Section 25-9-281","catchLine":"Safety Devices and Practices for Compressed Air Receivers, Etc.","title":"Section 25-9-281 Safety Devices and Practices for Compressed Air Receivers, Etc.","sectionRange":null,"content":"

(a) All compressed air receivers, cylinders, or other vessels used in or around surface mining operations shall be protected by safety or relief valves to insure safe operation. All oxygen, acetylene, or similar compressed gas cylinders shall comply with manufacturer’s recommendations.

(b) Safety or relief valves shall be tested once each operating day.

(c) All compressed air receivers, tanks, etc., shall be equipped with a drain valve and a pressure gauge.

(d) Drain valves shall be operated at least once each operating day.

","history":"(Acts 1949, No. 207, p. 242, §83; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25010,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24589,"codeId":2805,"versionId":2183,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-282","shortTitle":"Section 25-9-282","catchLine":"First Aid Equipment; Training of Personnel in First Aid Methods.","title":"Section 25-9-282 First Aid Equipment; Training of Personnel in First Aid Methods.","sectionRange":null,"content":"

(a) At or near every pit there shall be adequate approved first aid materials as follows: One stretcher and one broken-back board, or, if a splint stretcher combination is used, it will satisfy both the stretcher and broken-back board requirement; 24 triangular bandages (15, if a splint-stretcher combination is used); eight four-inch bandage compresses; an adequate approved burn remedy; two cloth blankets; one rubber blanket or equivalent substitute; two tourniquets; one one-ounce bottle of aromatic spirits of ammonia and one dozen ammonia ampules; and necessary complements of arm and leg splints or two each inflatable plastic arm and leg splints. All such supplies shall be kept at each location designated and shall be accessible to the miners. First aid materials shall be kept in a sanitary and usable condition. The cloth and waterproof blankets shall be kept in a moisture and dustproof container. A portable first aid kit shall be kept as near the working place as feasible.

(b) Adequate and suitable first aid equipment shall be kept at or near every pit and placed at some convenient location about the pit for use only in caring for persons needing first aid attention.

(c) Selected personnel at each surface mining operation shall be trained in first aid methods.

","history":"(Acts 1949, No. 207, p. 242, §84; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25011,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24590,"codeId":2809,"versionId":2187,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-283","shortTitle":"Section 25-9-283","catchLine":"Provision of Sanitary Toilets, Potable Drinking Water, and Drinking Cups or Fountains.","title":"Section 25-9-283 Provision of Sanitary Toilets, Potable Drinking Water, and Drinking Cups or Fountains.","sectionRange":null,"content":"

(a) Approved sanitary toilets shall be provided and kept in a clean and sanitary condition. Such toilets should be in a central location for use by employees.

(b) Potable drinking water shall be provided for all employees.

(c) Individual drinking cups or bubbling fountains shall be provided.

","history":"(Acts 1949, No. 207, p. 242, §85; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25012,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24591,"codeId":2813,"versionId":2191,"parentId":2752,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-284","shortTitle":"Section 25-9-284","catchLine":"Increase in Hazards of Pit Operations to Be Reported.","title":"Section 25-9-284 Increase in Hazards of Pit Operations to Be Reported.","sectionRange":null,"content":"

In case of any occurrence or change of conditions tending materially to increase the hazards of pit operations, whether or not personal injury results, a report thereof shall be promptly sent to the department by the operator.

","history":"(Acts 1949, No. 207, p. 242, §86.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25013,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24592,"codeId":2820,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"14","shortTitle":"Article 14","catchLine":"Maps and Surveys.","title":"Article 14 Maps and Surveys.","sectionRange":"§25-9-300 to §25-9-304","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25014,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24593,"codeId":2823,"versionId":2198,"parentId":2820,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-300","shortTitle":"Section 25-9-300","catchLine":"Map of Mine - Required; Contents; Filing; Examination, Etc.","title":"Section 25-9-300 Map of Mine - Required; Contents; Filing; Examination, Etc.","sectionRange":null,"content":"

The owner, operator, or lessee of any underground coal mine in this state shall make or cause to be made by a competent engineer an accurate and exact detail map of said mine, showing the exact position of said mine in reference to the section line, which shall be connected with known boundary lines of the section or subdivision of the section. Such map shall show accurately the position of any branches, creeks, rivers, railroads, oil and gas pipelines under which said mine workings extend and, as near as possible, the position of any coal mines nearby. The location of all oil and gas wells shall be shown on said map. Said maps shall show all shafts, slopes, tunnels, or other openings to the surface or to the workings of a contiguous coal mine; all excavations, entries, rooms, and crosscuts; the location of the fan and the direction of the air currents; the location of pumps, hauling engines, engine planes, abandoned works, fire walls, and standing water; and, the boundary line of any surface outcrop of the seam. A separate and similar map, drawn to the same scale in all cases, shall be made of each and every seam which shall be worked in any coal mine and the maps of all such seams shall show all shafts, inclined planes, or passageways connecting the same. Each map shall also show by elevation in feet and decimals thereof the rise and dip of the seam from the opening in either direction to the face of the workings. Said map shall be sworn to by the engineer making the same. The map provided for in this section shall be filed with the department during the month of January next after the opening of said mine and shall show its condition on said January 1. All new work inside of the mine must be added to said map or a new map filed each year thereafter, showing the condition of the mine on January 1 of the same year and this provision for additions to maps shall apply to all maps which have heretofore been filed in the office of the department. Said maps shall be filed in the office of the department, which shall provide a suitable and safe place for keeping them. The department shall refuse to accept maps when made by persons known to be incapable of doing such work. The engineer preparing such map shall certify on each map as to the correctness of such map to the best of his knowledge and belief. Said map shall be made on a legible scale. The persons entitled to examine maps, plats, and records of a coal mine shall be the owner, operator, or lessee, or agent of such coal mine, the person financially interested in such mine, the owner or owners of land adjacent to such mine, the owner, operator or lessee, or agent of a coal mine adjacent to such mine and the authorized representative of the employees of such or the employees driving any breakthrough liable to break into an adjacent mine. The department shall not permit such maps, plans, records, and papers to be removed from its office, and shall not furnish copies thereof to any person except by request of the owner, operator, lessee, or agent of the mine to which such maps, plans, and records pertain.

","history":"(Acts 1949, No. 207, p. 242, §89; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25015,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24594,"codeId":2825,"versionId":2201,"parentId":2820,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-301","shortTitle":"Section 25-9-301","catchLine":"Map of Mine - Failure or Refusal to Furnish.","title":"Section 25-9-301 Map of Mine - Failure or Refusal to Furnish.","sectionRange":null,"content":"

Whenever the operator of any coal mine shall neglect or refuse or for any cause not satisfactory to the department fails to furnish to it the map or plan of such mine or a copy thereof or of the extension thereto, as provided for in this article, such operator shall be deemed guilty of a misdemeanor. In addition thereto, the department may make or cause to be made an accurate map or plan of such mine at the expense of the owner thereof, and the cost of the same may be recovered by law from the operator in the same manner as other debts by civil action in the name of the Secretary of Labor and for its use.

","history":"(Acts 1949, No. 207, p. 242, §90; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25016,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24595,"codeId":2828,"versionId":2203,"parentId":2820,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-302","shortTitle":"Section 25-9-302","catchLine":"Map of Mine - Incomplete, Inaccurate, or Imperfect Maps.","title":"Section 25-9-302 Map of Mine - Incomplete, Inaccurate, or Imperfect Maps.","sectionRange":null,"content":"

If the department shall find that any map or plan of any coal mine made or furnished in pursuance of the provisions of this article is materially incomplete, inaccurate, or imperfect, then it may cause a correct survey and map or plan of said mine to be made at the expense of the operator thereof, the cost of which shall be recoverable from said operator as other debts are recoverable by law. When the department shall cause a new survey and map or plan of such coal mine and it is found that the map or plan furnished by the operator was substantially correct, then the cost of the survey, map, or plan caused to be made by the department shall be paid by the state.

","history":"(Acts 1949, No. 207, p. 242, §91.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25017,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24596,"codeId":2833,"versionId":2207,"parentId":2820,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-303","shortTitle":"Section 25-9-303","catchLine":"Intermediate Surveys.","title":"Section 25-9-303 Intermediate Surveys.","sectionRange":null,"content":"

The department shall order a survey to be made between the regular survey periods of the workings of any coal mines and the results to be extended on the maps of the same and the copies thereof whenever, in its judgment, the safety of the employees, the support of the surface, and the conservation of the property or the safety of an adjacent coal mine require it.

","history":"(Acts 1949, No. 207, p. 242, §92; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25018,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24597,"codeId":2837,"versionId":2211,"parentId":2820,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-304","shortTitle":"Section 25-9-304","catchLine":"Final Survey.","title":"Section 25-9-304 Final Survey.","sectionRange":null,"content":"

When any coal mine is worked out or is about to be abandoned or indefinitely closed, the operator of the same shall make or cause to be made a final survey where not already made of all parts of such mine, and the results of the same shall be duly extended on all maps of the mine and copies thereof, so as to show all excavations and the most advanced workings of the mine and their exact relation to the boundary or section lines on the surface, and such openings of abandoned mines shall be properly barricaded.

","history":"(Acts 1949, No. 207, p. 242, §93; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25019,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24598,"codeId":2842,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"15","shortTitle":"Article 15","catchLine":"Boundaries and Adjacent Landowners.","title":"Article 15 Boundaries and Adjacent Landowners.","sectionRange":"§25-9-320 to §25-9-322","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25020,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24599,"codeId":2845,"versionId":2217,"parentId":2842,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-320","shortTitle":"Section 25-9-320","catchLine":"Distance of Mine Workings from Boundary Line of Mine Owner’s Coal Rights.","title":"Section 25-9-320 Distance of Mine Workings from Boundary Line of Mine Owner’s Coal Rights.","sectionRange":null,"content":"

In no case shall the workings of any coal mine be driven nearer than 15 feet to the boundary line of the coal rights of the owner of said mine, except for the purpose of establishing an underground communication between contiguous mines as provided for elsewhere in this chapter. By mutual consent of adjacent property owners, this distance may be reduced or eliminated entirely, and any operator working up to an abandoned coal mine may be permitted to work to his property line, if approved by the department, but in such cases proper precautions must be taken as provided in this chapter.

","history":"(Acts 1949, No. 207, p. 242, §94.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25021,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24600,"codeId":2847,"versionId":2220,"parentId":2842,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-321","shortTitle":"Section 25-9-321","catchLine":"Survey of Mine Upon Petition of Adjacent Landowner.","title":"Section 25-9-321 Survey of Mine Upon Petition of Adjacent Landowner.","sectionRange":null,"content":"

Whenever the owner, operator, or lessee of any land adjacent to other land on which any coal mine is being worked shall have reason to believe that such mine is being so worked as to encroach upon his land and has been refused by the owner, operator, or manager of the mine permission at reasonable times to enter said mine with a competent engineer for the purpose of inspecting and surveying such mine, he may make appeal under oath to the probate court of the county in which the mine is situated, setting out the facts and praying for an order that such mine shall be surveyed. Upon the hearing, after such notice to the owner, operator, or lessee of the mine as the court may prescribe, the court may make an order requiring the department to employ a competent engineer to make a survey of such mine and file such survey in the office of the judge of probate and such survey when filed shall be received in any court as prima facie correct. The court may at any time during the progress of the proceedings require security for costs and may tax the costs in such manner as may be just and equitable.

","history":"(Acts 1949, No. 207, p. 242, §95.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25022,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24601,"codeId":2851,"versionId":2224,"parentId":2842,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-322","shortTitle":"Section 25-9-322","catchLine":"Refusal to Permit Adjacent Landowner or Lessee to Inspect Mine.","title":"Section 25-9-322 Refusal to Permit Adjacent Landowner or Lessee to Inspect Mine.","sectionRange":null,"content":"

Any owner, operator, or manager of any mine who refuses to permit an adjacent owner or lessee of land or a competent engineer selected by him to enter and inspect such mine for the purpose of ascertaining whether the same is being so worked as to encroach upon the land of such adjacent owner or lessee must, on conviction, be fined not more than $100.00.

","history":"(Acts 1949, No. 207, p. 242, §96.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25023,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24602,"codeId":2855,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"16","shortTitle":"Article 16","catchLine":"Scales and Weighing.","title":"Article 16 Scales and Weighing.","sectionRange":"§25-9-340 to §25-9-345","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25024,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24603,"codeId":2857,"versionId":2227,"parentId":2855,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-340","shortTitle":"Section 25-9-340","catchLine":"Owners to Provide Scales at Mines Where Miners Paid by Weight.","title":"Section 25-9-340 Owners to Provide Scales at Mines Where Miners Paid by Weight.","sectionRange":null,"content":"

The owner or operator of each coal mine at which the miners are paid by weight shall provide such mines with suitable scales of standard make for the weighing of all coal when contracted to be weighed.

","history":"(Acts 1949, No. 207, p. 242, §97.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25025,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24604,"codeId":2863,"versionId":2231,"parentId":2855,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-341","shortTitle":"Section 25-9-341","catchLine":"Coal to Be Weighed and Credited to Miner.","title":"Section 25-9-341 Coal to Be Weighed and Credited to Miner.","sectionRange":null,"content":"

All coal mined in this state contracted for payment by the ton or other measure shall be weighed or measured and the full weight or measure thereof shall be credited to the miner of such coal and 2,000 pounds shall constitute a ton of coal.

","history":"(Acts 1949, No. 207, p. 242, §98.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25026,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24605,"codeId":2869,"versionId":2236,"parentId":2855,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-342","shortTitle":"Section 25-9-342","catchLine":"Miners May Furnish Check Weighman to Examine Scales, Etc.","title":"Section 25-9-342 Miners May Furnish Check Weighman to Examine Scales, Etc.","sectionRange":null,"content":"

In all coal mines the miners employed and working therein may furnish a check weighman or check measurer who shall at all times have full access to and the right to examine the scales, and to see all measures and weights and accounts kept of same, and shall keep an accurate account of the coal, but not more than the above authorized persons shall have such right of access, examination, and inspection of scales, measures, and accounts at the same time.

","history":"(Acts 1949, No. 207, p. 242, §99.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25027,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24606,"codeId":2872,"versionId":2239,"parentId":2855,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-343","shortTitle":"Section 25-9-343","catchLine":"Testing of Scales.","title":"Section 25-9-343 Testing of Scales.","sectionRange":null,"content":"

The weighman and check weighman shall properly test the scales with U.S. standard test weights before coal is weighed thereon.

","history":"(Acts 1949, No. 207, p. 242, §99.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25028,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24607,"codeId":2875,"versionId":2242,"parentId":2855,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-344","shortTitle":"Section 25-9-344","catchLine":"Access to Scales, Etc.","title":"Section 25-9-344 Access to Scales, Etc.","sectionRange":null,"content":"

The mine inspector, miners employed in the coal mines, and the owner of the land or persons interested in the rental and royalty of such mines shall at all times have full right of access to scales used at said mines, including tally sheets or tally books in which the weight of the coal is kept, to examine the amount of coal mined for the purpose of testing the accuracy thereof.

","history":"(Acts 1949, No. 207, p. 242, §100.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25029,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24608,"codeId":2878,"versionId":2245,"parentId":2855,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-345","shortTitle":"Section 25-9-345","catchLine":"Failure of Mine Operators to Weigh Coal Accurately and Correctly.","title":"Section 25-9-345 Failure of Mine Operators to Weigh Coal Accurately and Correctly.","sectionRange":null,"content":"

Any person or corporation operating any coal mine in which miners or other laborers are employed to mine or cut coal for a compensation to be determined by the weight of the coal mined or cut, who fails to weigh or causes to be weighed accurately and correctly any coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than $10.00 nor more than $100.00.

","history":"(Acts 1949, No. 207, p. 242, §101.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25030,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24609,"codeId":2882,"versionId":null,"parentId":2265,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"17","shortTitle":"Article 17","catchLine":"Enforcement.","title":"Article 17 Enforcement.","sectionRange":"§25-9-360 to §25-9-370","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25031,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24610,"codeId":2883,"versionId":2249,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-360","shortTitle":"Section 25-9-360","catchLine":"Suspension of Compliance with Chapter; Compliance with and Enforcement of Chapter Generally.","title":"Section 25-9-360 Suspension of Compliance with Chapter; Compliance with and Enforcement of Chapter Generally.","sectionRange":null,"content":"

(a) Whenever any equipment or supplies required by this chapter, including rock-dusting machines, flame safety lamps, and permissible electric equipment are unobtainable, compliance with the requirements of this chapter with respect thereto is suspended to the extent that such items remain unobtainable until they are obtainable. Due allowance shall also be made for planning, institution of change procedures, and installation of new equipment.

(b) Compliance with the requirements of this chapter shall be started promptly and prosecuted diligently until the provisions of the chapter have been fulfilled.

","history":"(Acts 1949, No. 207, p. 242, §113.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25032,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24611,"codeId":2885,"versionId":2251,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-361","shortTitle":"Section 25-9-361","catchLine":"Superintendent, Mine Foremen, Etc., to Comply with and Ensure Compliance with Chapter.","title":"Section 25-9-361 Superintendent, Mine Foremen, Etc., to Comply with and Ensure Compliance with Chapter.","sectionRange":null,"content":"

It shall be the duty of the superintendent, mine foreman, subordinate supervisors, fire bosses, or mine examiners, and other officials to comply with and to see that others comply with the provisions of this chapter.

","history":"(Acts 1949, No. 207, p. 242, §65.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25033,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24612,"codeId":2888,"versionId":2253,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-362","shortTitle":"Section 25-9-362","catchLine":"Employees, Etc., to Comply with Chapter and Rules, Etc., of Operators.","title":"Section 25-9-362 Employees, Etc., to Comply with Chapter and Rules, Etc., of Operators.","sectionRange":null,"content":"

It shall be the duty of all employees and check weighmen to comply with this chapter and to cooperate with management and the division in carrying out the provisions of this chapter. Reasonable rules and regulations of the operators for the protection of employees and preservation of property that are in harmony with the provisions of this chapter or other applicable laws shall be complied with. They shall be printed on cardboard or in book form in the English language and posted at some conspicuous place about the mine or mines or given to each employee.

","history":"(Acts 1949, No. 207, p. 242, §66.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25034,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24613,"codeId":2891,"versionId":2256,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-363","shortTitle":"Section 25-9-363","catchLine":"Quarterly Reports of Mine Operators.","title":"Section 25-9-363 Quarterly Reports of Mine Operators.","sectionRange":null,"content":"

The operator of every coal mine shall make to the department a correct report each three months of the calendar year specifying the name of the owner and operator of the mine and the location of the offices of said coal mine or mines and the quantity and kind of coal produced in each such mine for each such calendar quarter. Said report shall be furnished on or before April 15, July 15, October 15, and January 15, covering the previous three months’ operation of said mine. Said report shall be prima facie evidence of the information contained therein and shall be in such form and give such additional information regarding said mines as may be, from time to time, required and prescribed by the department. Blank forms for such reports shall be furnished to said owner or operator by the department.

","history":"(Acts 1949, No. 207, p. 242, §88; Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25035,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24614,"codeId":2894,"versionId":2259,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-364","shortTitle":"Section 25-9-364","catchLine":"Posting of Abstract of Chapter at Mines; Defacing, Etc., of Abstract.","title":"Section 25-9-364 Posting of Abstract of Chapter at Mines; Defacing, Etc., of Abstract.","sectionRange":null,"content":"

For the purpose of making known the rules and provisions of this chapter to all persons employed in or about coal mines to which this law applies, an abstract of the law and rules shall be furnished by the department and posted up in legible character in some conspicuous place or places at or near the mines where they may be conveniently read by the persons employed and so often as they become obliterated or destroyed, the owner, operator, lessee, or superintendent shall cause them to be renewed with all reasonable dispatch. It is unlawful for any person to pull down, injure, or deface such abstract of the law or rules when put up in pursuance of the provisions of this chapter.

","history":"(Acts 1949, No. 207, p. 242, §88.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25036,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24615,"codeId":2897,"versionId":2262,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-365","shortTitle":"Section 25-9-365","catchLine":"Inspectors May Order Suspension of Mine Operations for Violations Imminently Hazardous to Workmen.","title":"Section 25-9-365 Inspectors May Order Suspension of Mine Operations for Violations Imminently Hazardous to Workmen.","sectionRange":null,"content":"

Any mine inspector shall have the authority to order suspension of operations of a coal mine or pit or any part thereof when violations of this chapter are of such gravity as to be or become imminently hazardous to workmen therein. Upon correction of such hazardous conditions, the mine or part thereof may resume operations.

","history":"(Acts 1949, No. 207, p. 242, §107.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25037,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24616,"codeId":2899,"versionId":2264,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-366","shortTitle":"Section 25-9-366","catchLine":"Review by Chief of Orders of Inspectors.","title":"Section 25-9-366 Review by Chief of Orders of Inspectors.","sectionRange":null,"content":"

The decisions and orders of an inspector shall take effect as he shall specify in a written notice to the superintendent of said mine and shall not be subject to review unless within 10 days after giving such notice the owner or operator shall have appealed to the chief for such review, who shall render a decision within 10 days of notice of appeal.

","history":"(Acts 1949, No. 207, p. 242, §108.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25038,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24617,"codeId":2902,"versionId":2267,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-367","shortTitle":"Section 25-9-367","catchLine":"Judicial Review of Orders Suspending Mine Operations.","title":"Section 25-9-367 Judicial Review of Orders Suspending Mine Operations.","sectionRange":null,"content":"

If the chief shall, upon review, continue or modify such order, the owner or operator may apply to the circuit court of the county wherein the mine is located for a trial de novo without jury as to whether or not (1) the order to close the mine was justified and (2) conditions in the mine at the time of trial justify a continuance, modification, or withdrawal of such order. Appeals may be taken from the ruling of the circuit court in the manner provided for other appeals.

","history":"(Acts 1949, No. 207, p. 242, §109.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25039,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24618,"codeId":2904,"versionId":2269,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-368","shortTitle":"Section 25-9-368","catchLine":"Injunctions.","title":"Section 25-9-368 Injunctions.","sectionRange":null,"content":"

In addition to any other remedy, the secretary may, for persistent, continued or imminent violations of this chapter, apply for a permanent injunction.

","history":"(Acts 1949, No. 207, p. 242, §110.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25040,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24619,"codeId":2907,"versionId":2272,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-369","shortTitle":"Section 25-9-369","catchLine":"Representation of Department.","title":"Section 25-9-369 Representation of Department.","sectionRange":null,"content":"

The department may be represented by its general counsel or other attorneys, district attorneys, or the Attorney General.

","history":"(Acts 1949, No. 207, p. 242, §111.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25041,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24620,"codeId":2909,"versionId":2274,"parentId":2882,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-9-370","shortTitle":"Section 25-9-370","catchLine":"Unlawful Acts for Which No Other Penalty Provided.","title":"Section 25-9-370 Unlawful Acts for Which No Other Penalty Provided.","sectionRange":null,"content":"

Any unlawful act for which no other penalty is provided in this chapter shall be a misdemeanor punishable by a fine of not less than $10.00 and not more than $500.00 or by imprisonment in jail for not more than one year, or by both such fine and imprisonment.

","history":"(Acts 1949, No. 207, p. 242, §112.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25042,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24621,"codeId":2949,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"10","shortTitle":"Chapter 10","catchLine":"Small Business Assistance.","title":"Chapter 10 Small Business Assistance.","sectionRange":"§25-10-1 to §25-10-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25043,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24622,"codeId":2951,"versionId":2311,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-1","shortTitle":"Section 25-10-1","catchLine":"Short Title.","title":"Section 25-10-1 Short Title.","sectionRange":null,"content":"

This chapter shall be known and may be cited as “The Small Business Assistance Act of 1975.”

","history":"(Acts 1975, No. 1229, p. 2582, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25044,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24623,"codeId":2954,"versionId":2314,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-2","shortTitle":"Section 25-10-2","catchLine":"Declaration of Public Policy and Legislative Intent.","title":"Section 25-10-2 Declaration of Public Policy and Legislative Intent.","sectionRange":null,"content":"

The legislative intent of this chapter is declared to be as follows: The most important element of the American economic system of private enterprise is free and vigorous competition. Only through the existence of free and vigorous competition can free entry into business and opportunities for personal initiative and individual achievement be assured. The preservation and expansion of such competition is essential for our economic well-being. In order to insure such competition, small business concerns must be encouraged and developed, and it is the declared policy of the state to aid, counsel, and assist, in every practical manner, the interests of small business concerns in order to preserve free competitive enterprise and to insure that a fair proportion of the total purchases and contracts or subcontracts for property, commodities, and services for the state be placed with small businesses.

","history":"(Acts 1975, No. 1229, p. 2582, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25045,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24624,"codeId":2957,"versionId":2317,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-3","shortTitle":"Section 25-10-3","catchLine":"Definitions.","title":"Section 25-10-3 Definitions.","sectionRange":null,"content":"

For the purposes of this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates a different meaning:

(1) SMALL BUSINESS. A business which is independently owned and operated. In addition, such business must have either fewer than 50 employees or less than $1,000,000.00 in gross receipts per year.

(2) DIVISION. The Division of Purchases and Stores of the Department of Finance.

(3) DEPARTMENT. The Department of Labor.

","history":"(Acts 1975, No. 1229, p. 2582, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25046,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24625,"codeId":2961,"versionId":2321,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-4","shortTitle":"Section 25-10-4","catchLine":"Powers and Duties of Department of Labor Generally.","title":"Section 25-10-4 Powers and Duties of Department of Labor Generally.","sectionRange":null,"content":"

The department is authorized and empowered to:

(1) Provide technical and managerial assistance to small business concerns, by advising and counseling on matters in connection with state procurement policies, practices of good management, including, but not limited to, cost accounting, methods of financing, business insurance, accident control, wage incentives, methods engineering and legal questions, by cooperating and advising with voluntary business, professional, educational and other organizations, associations and institutions and with federal and state agencies, by maintaining a clearinghouse for information concerning the managing, financing, and operation of small business enterprises, by disseminating such information and by such other activities as are deemed appropriate;

(2) Make a complete inventory of all productive facilities of small business concerns in the state;

(3) Coordinate and ascertain the means by which the productive capacity of small business concerns can be most effectively utilized;

(4) Obtain information as to the methods and practices of prime contractors in letting subcontracts and take action to encourage the letting of subcontracts by prime contractors to small business concerns at prices and on conditions and terms which are fair and equitable;

(5) Determine the concerns, firms, persons, corporations, partnerships, cooperatives, or other business enterprises which are to be designated small business concerns for the purposes of effectuating the provisions of this chapter; and to carry out the purposes of this chapter, the office shall designate individual concerns as small business concerns in accordance with the provisions of this chapter. Any such designation shall be subject to revocation when the concern covered thereby ceases to be a small business;

(6) Obtain from any state department or agency engaged in procurement or in the financing of procurement such reports and information concerning the letting of contracts and subcontracts, purchases or procurement of articles, commodities, materials, supplies, or services as it may deem pertinent in carrying out its functions under this chapter;

(7) Make studies, conduct workshops and seminars, and make recommendations to state agencies or the Legislature to insure that a fair proportion of the total purchases and contracts for articles, commodities, supplies, and services for the state is placed with small business enterprises;

(8) Promote the mobilization of activities and resources of state and local governments, businesses and trade associations, universities, foundations, professional organizations and volunteer and other groups toward the growth of small business enterprises and facilitate the coordination of the efforts of these groups with those of federal departments and agencies; and

(9) Promulgate such rules and regulations as are necessary to administer and effectuate the purposes of this chapter.

","history":"(Acts 1975, No. 1229, p. 2582, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25047,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24626,"codeId":2965,"versionId":2325,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-5","shortTitle":"Section 25-10-5","catchLine":"Public Hearings; Powers of Department as to Witnesses, Records, Etc.","title":"Section 25-10-5 Public Hearings; Powers of Department as to Witnesses, Records, Etc.","sectionRange":null,"content":"

In the administration of this chapter, the department shall have the power to conduct public hearings for the purposes of determining the law’s effectiveness, determining methods and standards of administration and to otherwise assist in carrying out the purposes of this chapter.

The department shall have the authority to administer oaths and affirmations, take depositions, issue subpoenas, and compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence.

","history":"(Acts 1975, No. 1229, p. 2582, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25048,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24627,"codeId":2969,"versionId":2329,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-6","shortTitle":"Section 25-10-6","catchLine":"Advisory Council.","title":"Section 25-10-6 Advisory Council.","sectionRange":null,"content":"

There is hereby created an advisory council to the department to be composed of representatives of designated small business enterprises to be named as follows: Five by the Governor, two each by the President of the Senate and the Speaker of the House of Representatives, and one by the secretary of the department to serve ex officio as chairman of the council. The members of the council shall serve without compensation but may be reimbursed for travel and other necessary expenses out of any funds appropriated to the department. The council shall meet at least quarterly or more often when necessary at the call of the chairman in consultation with the secretary of the department, who shall also serve without additional compensation as executive director of the council.

","history":"(Acts 1975, No. 1229, p. 2582, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25049,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24628,"codeId":2972,"versionId":2331,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-7","shortTitle":"Section 25-10-7","catchLine":"Reports and Recommendations of Department.","title":"Section 25-10-7 Reports and Recommendations of Department.","sectionRange":null,"content":"

The department shall make a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairman of the Senate and House commerce committees at least once each year, such report to be made no later than December 1. The report shall advise the Governor, the Speaker, the president, and the designated chairmen concerning the administration and operation of this chapter and shall contain such recommendations for amendment of this chapter as the department and the advisory council provided for in Section 25-10-6 deem proper.

","history":"(Acts 1975, No. 1229, p. 2582, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25050,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24629,"codeId":2975,"versionId":2334,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-8","shortTitle":"Section 25-10-8","catchLine":"Cooperation of Department with Federal Agencies; Adoption of Administrative Rules, Regulations, Etc.; Cooperation of Other State Departments or Agencies with Department.","title":"Section 25-10-8 Cooperation of Department with Federal Agencies; Adoption of Administrative Rules, Regulations, Etc.; Cooperation of Other State Departments or Agencies with Department.","sectionRange":null,"content":"

In the administration of this chapter, the department shall cooperate to the fullest extent consistent with the provisions of this chapter with those agencies of the United States government whose programs are complimentary to the objectives and purposes hereof, and shall take such action, through the adoption of administrative rules, regulations, and standards, as may be necessary to secure to this state and its citizens all advantages available under such federal programs and to otherwise assist the citizens of this state in realizing their full economic potential. Each department or other agency of the state shall cooperate with the department in carrying out the purposes of this chapter and shall, when so requested by the department, submit such reports and information as may be necessary or helpful.

","history":"(Acts 1975, No. 1229, p. 2582, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25051,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24630,"codeId":2978,"versionId":2337,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-9","shortTitle":"Section 25-10-9","catchLine":"Meaningful Percentage of Total Purchases of Articles, Services, Etc., of State Departments or Agencies to Be Awarded, Etc., to Small Businesses; Designation of Meaningful Percentage; Waiver of Requirements of Section.","title":"Section 25-10-9 Meaningful Percentage of Total Purchases of Articles, Services, Etc., of State Departments or Agencies to Be Awarded, Etc., to Small Businesses; Designation of Meaningful Percentage; Waiver of Requirements of Section.","sectionRange":null,"content":"

Notwithstanding the provisions of the state bid law or other conflicting statutes of this state, it is herewith provided:

(1) It shall be the policy of the state that, whenever practical, a meaningful percentage of each department’s or agency’s total purchases of articles, equipment, commodities, supplies, materials, services, or contracts be procured or otherwise awarded to small businesses.

(2) This meaningful percentage shall not be less than 10 percent of the annual value of any department’s or agency’s total purchases of articles, materials, commodities, supplies, services, or contracts unless that department or agency files with the division a statement explaining the reasons why that agency cannot meet the requirements of this policy. If the division is satisfied that the department’s or agency’s reasons for its inability to comply with the requirements of this chapter are supported by substantial evidence, it may issue a waiver for that department or agency to the extent it cannot comply. However, such waiver shall be granted for a period not to exceed one year; provided, however, that such waiver may be renewed upon application by the department or agency, review and approval by the division.

(3) The only reasons that shall justify a department or agency being granted a waiver from the provisions of this section are:

a. Impossibility or unreasonable difficulty in procuring such articles, commodities, supplies, materials, services, or contracts from small business enterprises;

b. Inability to procure such articles, supplies, materials, services, or contracts from such small business enterprises at the lowest bid; or

c. Substantial differences in the quality of such articles, supplies, materials, services, or contracts available from small business enterprises as compared to the quality of such items if procured otherwise.

","history":"(Acts 1975, No. 1229, p. 2582, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25052,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24631,"codeId":2981,"versionId":2340,"parentId":2949,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-10-10","shortTitle":"Section 25-10-10","catchLine":"Liberal Construction of Chapter.","title":"Section 25-10-10 Liberal Construction of Chapter.","sectionRange":null,"content":"

This chapter shall be liberally construed to carry out its purposes and objectives of assisting small businesses to successfully enter and remain in the economic mainstream and to otherwise achieve the statement of legislative policy contained herein.

","history":"(Acts 1975, No. 1229, p. 2582, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25053,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24632,"codeId":2988,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11","shortTitle":"Chapter 11","catchLine":"Directory of New Hires","title":"Chapter 11 Directory of New Hires","sectionRange":"§25-11-1 to §25-11-17","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25054,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24633,"codeId":2991,"versionId":2347,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-1","shortTitle":"Section 25-11-1","catchLine":"Short Title.","title":"Section 25-11-1 Short Title.","sectionRange":null,"content":"

This chapter shall be known and cited as the New Hire Act of 1997.

","history":"(Acts 1997, No. 97-228, p. 373, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25055,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24634,"codeId":2993,"versionId":2350,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-2","shortTitle":"Section 25-11-2","catchLine":"Legislative Findings and Intent.","title":"Section 25-11-2 Legislative Findings and Intent.","sectionRange":null,"content":"

The Legislature finds that individuals need to take more personal responsibility for their actions.

The Legislature further finds that certain individuals are not meeting their legal child support obligations. It is the express intent of the Legislature that individuals with legal child support obligations be located and required to take financial responsibility for their children by paying these child support obligations. A “new hire” reporting procedure shall require employers to obtain certain information from newly hired, recalled, or rehired individuals. This information shall be reported to the Department of Labor which shall form a State Directory of New Hires and the information shall be used by the Department of Human Resources to cross-match these individuals with individuals having outstanding legal child support obligations.

The Legislature further finds that there are certain individuals being overpaid unemployment compensation. This can occur when an individual is drawing unemployment compensation, obtains employment, and fails to notify the Department of Labor. This individual continues to draw unemployment compensation while receiving wages for his or her employment. The Legislature expressly intends to curtail this practice by using the “new hire” information to cross-match individuals being entered in the new hire directory against a master unemployment compensation claim file to stop individuals who are concurrently working and drawing unemployment compensation benefits.

The Legislature further finds that in some instances individuals are drawing workers’ compensation benefits and working for wages over the same period of time. The Legislature expressly intends to curtail this practice by using the “new hire” information to cross-match individuals entered in the new hire directory against a master workers’ compensation benefit file to stop individuals from receiving workers’ compensation benefits when they are simultaneously employed.

The Legislature further finds that there are individuals receiving more food stamp benefits than they are entitled to receive. It is the express intent of the Legislature that these food stamp overissuances be repaid by the individuals. Persons with overissuances shall be identified at the time of application for unemployment compensation. Repayment shall be accomplished through deduction and withholding of unemployment benefits.

The Legislature specifically finds that the above requirements are mandated by federal law, specifically “The Personal Responsibility and Work Opportunity Reconciliation Act of 1996″ (P.L. 104-193). It is the express intent of this Legislature to pass this chapter to remain in conformity with federal law and as a condition for receiving federal administrative funds to operate the employment security programs of the Alabama Department of Labor; as a condition for Alabama employers continuing to receive Federal Unemployment Tax Act credits; and as a condition for receiving federal funds for Alabama Department of Human Resources’ programs.

","history":"(Acts 1997, No. 97-228, p. 373, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25056,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24635,"codeId":2997,"versionId":2354,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-3","shortTitle":"Section 25-11-3","catchLine":"Definitions.","title":"Section 25-11-3 Definitions.","sectionRange":null,"content":"

When used in this chapter, the following words and phrases shall have the following meanings:

(1) CLAIM INFORMATION. Data related to whether an individual is receiving, has received, or has made application for unemployment compensation, the amount of such compensation being received or to be received by the individual, and the individual’s current or most recent home address.

(2) COMMISSIONER. The Commissioner of the State of Alabama, Department of Human Resources.

(3) CUSTODIAN OF RECORDS. The person within the Department of Labor authorized to maintain the data collected under this chapter, including, but not limited to, all employment hiring data entered into the State Directory of New Hires, wage information, and unemployment claim and compensation information.

(4) DEPARTMENT. The State of Alabama, Department of Industrial Relations.

(5) EMPLOYEE. An individual in the employ of another who performs a service for hire and receives wages. For purposes of this chapter, the term “employee” shall not include an individual employed by a federal, state, or local agency performing intelligence or counterintelligence functions if the head of the agency determines that to consider the individual as an “employee” for purposes of this chapter could endanger the safety of the individual or compromise an ongoing investigation or intelligence mission.

(6) EMPLOYMENT SECURITY RECORDS. Information maintained by the Department of Labor’s Employment Service Division and Unemployment Compensation Division relating to an individual’s search for employment and unemployment benefits.

(7) EMPLOYER. A person or entity, including a state or local government entity or labor organization, who employs an individual to perform a service for hire and pays wages directly to the individual.

(8) FOOD STAMP OVERISSUANCE. The receipt by an individual of food stamp benefits in excess of the amount the individual is entitled to receive, as authorized under the Federal Food Stamp Act of 1977.

(9) LABOR ORGANIZATION. As defined in Section 2(5) of the National Labor Relations Act (NLRA) as “any organization of any kind, or any agency or employer representation committee or plan in which employees participate and which exists for the purpose, in whole or in part of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours of employment or conditions of work.” Section 453(a)(2)(B)(ii), Social Security Act, provides that “labor organization” shall have this meaning and shall also include any entity, also known as “hiring hall,” which is used by the organization and an employer to carry out requirements described in Section 8(f)(3) of the NLRA of an agreement between the organization and the employer.

(10) NATIONAL DIRECTORY OF NEW HIRES. A directory maintained at the federal level to receive certain data and information from the states as required pursuant to Section 453(i)(1) of the Social Security Act and other federal statutes.

(11) NEW HIRE. An individual who is employed by a particular employer for the first time.

(12) RECALL. An individual who was temporarily separated from an employer but who is called back to work for that same employer.

(13) REHIRE. An individual who was separated from an employer on other than a temporary basis but who is returning to work for that same employer.

(14) SECRETARY. The Secretary of the State of Alabama, Department of Labor.

(15) SECRETARY OF AGRICULTURE. The Secretary of the Federal Department of Agriculture.

(16) SECRETARY OF HEALTH AND HUMAN SERVICES. The Secretary of the Federal Department of Health and Human Services.

(17) SECRETARY OF LABOR. The Secretary of the Federal Department of Labor.

(18) SOCIAL SECURITY ACT. The Federal Social Security Act.

(19) STATE. The State of Alabama.

(20) STATE DIRECTORY OF NEW HIRES. A directory containing the name, address, Social Security number, and date of hire of each newly hired, recalled, or rehired individual, as reported by employers to the Department of Labor. This directory shall also contain the name, address, state and federal identification numbers of the employer.

(21) UNEMPLOYMENT COMPENSATION. Any compensation payable under Section 25-4-1 et seq., and other related federal statutes, including amounts payable by the secretary pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

(22) WAGE INFORMATION. Data related to the compensation an individual receives for employment, including wages paid to the individual, the individual’s Social Security number, and the name, address, state and federal employer identification numbers of the individual’s employer.

","history":"(Acts 1997, No. 97-228, p. 373, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25057,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24636,"codeId":3001,"versionId":2358,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-4","shortTitle":"Section 25-11-4","catchLine":"Directory of New Hires.","title":"Section 25-11-4 Directory of New Hires.","sectionRange":null,"content":"

There is hereby established, within the department, a State Directory of New Hires.

","history":"(Acts 1997, No. 97-228, p. 373, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25058,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24637,"codeId":3005,"versionId":2362,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-5","shortTitle":"Section 25-11-5","catchLine":"Reporting of New Hires, Etc.; Duties of Department.","title":"Section 25-11-5 Reporting of New Hires, Etc.; Duties of Department.","sectionRange":null,"content":"

(a) An employer shall report to the department, within seven days of hiring, each new hire, recall, or rehire. The information to be reported shall include the name, address, Social Security number, and date of hire of each newly hired, recalled, or rehired individual and the name, address, and state and federal identification numbers of the employer. The information shall be reported on forms supplied by the department or by such other method as approved by the secretary. Notwithstanding the foregoing, employers may transmit reports to the department magnetically or electronically twice a month, not less than 12 days nor more than 16 days apart, when required.

(b) The department shall enter into the State Directory of New Hires the information received from an employer within five days of receipt.

(c) The department shall provide this information to the Department of Human Resources in a timely manner as agreed upon by the secretary and the commissioner, for purposes of identifying individuals with outstanding legal child support obligations.

(d) Upon entry into the State Directory of New Hires, the department shall have two days to cross-match the new hire information to identify individuals receiving unemployment compensation or workers’ compensation benefits.

(e) Within three days of entry into the State Directory of New Hires, the department shall forward the new hire, recall, and rehire information to the Federal Department of Health and Human Services for inclusion in the National Directory of New Hires.

","history":"(Acts 1997, No. 97-228, p. 373, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25059,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24638,"codeId":3010,"versionId":2366,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-6","shortTitle":"Section 25-11-6","catchLine":"Quarterly Extracts of Reports to Secretary of Labor.","title":"Section 25-11-6 Quarterly Extracts of Reports to Secretary of Labor.","sectionRange":null,"content":"

The State Directory of New Hires shall furnish on a quarterly basis, to the National Directory of New Hires, extracts of the reports required under Section 303(a)(6) of the Social Security Act to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals. The extracts shall be furnished by such dates, in such format, and containing such information as the Secretary of Health and Human Services shall specify in regulations.

","history":"(Acts 1997, No. 97-228, p. 373, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25060,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24639,"codeId":3011,"versionId":2368,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-7","shortTitle":"Section 25-11-7","catchLine":"Entities with Access to Directory.","title":"Section 25-11-7 Entities with Access to Directory.","sectionRange":null,"content":"

(a) The following entities shall have access to the information contained in the State Directory of New Hires:

(1) The Department of Human Resources.

(2) State agencies operating employment security and workers’ compensation programs.

(3) State agencies responsible for administering a program specified in Section 1137(b), Social Security Act, pertaining to the Income Eligibility Verification System.

(b) If approved by the Secretary of Health and Human Services, the custodian of records may gain access to information contained in the National Directory of New Hires. The cost of obtaining the information shall be paid by the department at a rate determined to be reasonable by the Secretary of Health and Human Services.

","history":"(Acts 1997, No. 97-228, p. 373, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25061,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24640,"codeId":3015,"versionId":2370,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-8","shortTitle":"Section 25-11-8","catchLine":"Compliance with Federal Unemployment Tax Act.","title":"Section 25-11-8 Compliance with Federal Unemployment Tax Act.","sectionRange":null,"content":"

(a) Pursuant to Section 3304(a)(16), Federal Unemployment Tax Act, in order for the state to be certified for tax credit, the custodian of records is specifically authorized to do the following, notwithstanding any law to the contrary:

(1) Provide wage and unemployment compensation information to the Secretary of Health and Human Services, in accordance with regulations promulgated by the secretary, as necessary for the purposes of the National Directory of New Hires.

(2) Provide wage information and welfare assistance information, as provided through a state program funded under Part A of Title IV, Social Security Act, or the Food Stamp Act of 1977, to the state or any of its political subdivisions upon request and for the purpose of determining an individual’s eligibility for welfare assistance. The information to be provided shall be that which the Secretary of Health and Human Services has determined in regulations as necessary for the purpose of determining eligibility.

(3) Establish safeguards, as are necessary, as determined by the Secretary of Health and Human Services in regulations, to ensure that information furnished under this section is used only for the purposes authorized under this section.

(b) The custodian of records shall supply only wage and unemployment compensation information that is already contained in its records and the records of the department’s Unemployment Compensation Division.

","history":"(Acts 1997, No. 97-228, p. 373, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25062,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24641,"codeId":3017,"versionId":2372,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-9","shortTitle":"Section 25-11-9","catchLine":"Compliance with Social Security Act.","title":"Section 25-11-9 Compliance with Social Security Act.","sectionRange":null,"content":"

(a) Pursuant to Section 303(h), Social Security Act, in order for the state to receive administrative grants for unemployment compensation programs, the custodian of records shall, on a reimbursable basis, do the following:

(1) Disclose quarterly to the Secretary of Health and Human Services, wage and claim information as required by Section 453(i)(1), Social Security Act.

(2) Ensure that information provided pursuant to subdivision (1) meets the standards of correctness and verification as required by the Secretary of Health and Human Services, with the concurrence of the Secretary of Labor.

(3) Establish safeguards as the Secretary of Labor determines are necessary to ensure that information disclosed under this section is used only for purposes of Section 453(i)(1), Social Security Act, in carrying out the child support enforcement program under Title IV.

(b) The custodian of records shall supply only wage and claim information that is already contained in its records.

","history":"(Acts 1997, No. 97-228, p. 373, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25063,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24642,"codeId":3022,"versionId":2374,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-10","shortTitle":"Section 25-11-10","catchLine":"Reimbursement for Disclosure of Information.","title":"Section 25-11-10 Reimbursement for Disclosure of Information.","sectionRange":null,"content":"

Pursuant to Section 303(h), Social Security Act, the unemployment compensation information shall be provided to the National Directory of New Hires on a reimbursable basis to the department in an amount which is determined by the Secretary of Health and Human Services to be a reasonable payment for the information exchange. The department shall not be required to disclose unemployment compensation information unless it is reimbursed by the Secretary of Health and Human Services or USDA Food and Consumer Services.

","history":"(Acts 1997, No. 97-228, p. 373, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25064,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24643,"codeId":3024,"versionId":2375,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-11","shortTitle":"Section 25-11-11","catchLine":"Information to Be Provided to Child Support Enforcement Agencies.","title":"Section 25-11-11 Information to Be Provided to Child Support Enforcement Agencies.","sectionRange":null,"content":"

Section 303(e), Social Security Act, requires states to provide certain unemployment compensation information to child support enforcement agencies.

(1) The custodian of records is authorized to provide unemployment compensation information to a state or local child support agency, upon request, and for the purpose of enforcing legal child support obligations.

(2) The custodian of records is authorized to provide unemployment compensation information to a state or local child support agency that turns the information over to a private contractor for purposes of establishing and collecting legal child support obligations from, and locating, individuals owing obligations.

(3) This authorization is contingent upon the existence of safeguards consistent with Section 303(e)(1)(B), Social Security Act, as determined in regulations issued by the Secretary of Labor. Until such time as these regulations are issued and adopted, the department shall assure compliance with Section 303(e)(1)(B), Social Security Act, by following the confidentiality provisions of 20 C.F.R. 603.7 pertaining to requesting agencies.

","history":"(Acts 1997, No. 97-228, p. 373, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25065,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24644,"codeId":3028,"versionId":2378,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-12","shortTitle":"Section 25-11-12","catchLine":"Access to Records by Child Support Agencies.","title":"Section 25-11-12 Access to Records by Child Support Agencies.","sectionRange":null,"content":"

State and local child support agencies may obtain access to department employment security records. Access shall be subject to safeguards, privacy, nonliability of entities that grant the access, and payment of any costs associated with granting the access.

","history":"(Acts 1997, No. 97-228, p. 373, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25066,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24645,"codeId":3033,"versionId":2381,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-13","shortTitle":"Section 25-11-13","catchLine":"Income Eligibility Verification System.","title":"Section 25-11-13 Income Eligibility Verification System.","sectionRange":null,"content":"

(a) The state shall maintain an Income Eligibility Verification System (IEVS), which meets the requirements of Section 1137(a), Social Security Act, for the purpose of verifying income for determining welfare assistance eligibility.

(b) Employers, including state and local government entities and labor organizations, shall submit quarterly wage reports to the department. The Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, may waive this reporting requirement if he or she determines that the state has in effect an alternative system which is as effective and timely for purposes of providing employment related income and eligibility data.

","history":"(Acts 1997, No. 97-228, p. 373, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25067,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24646,"codeId":3037,"versionId":2386,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-14","shortTitle":"Section 25-11-14","catchLine":"Uncollected Food Stamp Overissuances.","title":"Section 25-11-14 Uncollected Food Stamp Overissuances.","sectionRange":null,"content":"

(a) An individual filing a new claim for unemployment compensation shall disclose at the time of filing such claim, on a form provided, whether he or she owes an uncollected food stamp overissuance. The secretary shall notify the appropriate Department of Human Resources agency of any individual who discloses that he or she owes an uncollected food stamp overissuance and who is determined to be eligible for unemployment compensation.

(b) The secretary shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected food stamp overissuance:

(1) The amount specified as owed by the individual;

(2) The amount, if any, determined pursuant to an agreement submitted to the Department of Human Resources under Section 13(c)(3)(A) of the Food Stamp Act of 1977; or

(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to Section 13(c)(3)(B) of the Food Stamp Act of 1977.

(c) Any amount deducted and withheld under subsection (b) shall be paid by the secretary to the appropriate agency within the Department of Human Resources.

(d) Any amount deducted and withheld under subsection (b) shall be treated for all purposes as if it were paid to the individual as unemployment compensation and paid by the individual to the Department of Human Resources as repayment of the individual’s uncollected food stamp overissuance.

(e) This section shall apply only if arrangements have been made for reimbursement by the Department of Human Resources for the administrative costs incurred by the secretary under this section, which are attributable to the repayment of uncollected food stamp overissuances.

","history":"(Acts 1997, No. 97-228, p. 373, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25068,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24647,"codeId":3043,"versionId":2390,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-15","shortTitle":"Section 25-11-15","catchLine":"Department of Revenue to Furnish Information on Employers; Fee Reimbursed.","title":"Section 25-11-15 Department of Revenue to Furnish Information on Employers; Fee Reimbursed.","sectionRange":null,"content":"

(a) The State Department of Revenue shall furnish to the department information on all employers doing business in the state. This information shall identify all employers who have paid wages, as indicated by the Department of Revenue’s tax records.

(b) The Department of Revenue shall be reimbursed a reasonable fee, as determined by the department and the Department of Revenue, for furnishing this information.

","history":"(Acts 1997, No. 97-228, p. 373, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25069,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24648,"codeId":3045,"versionId":2392,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-16","shortTitle":"Section 25-11-16","catchLine":"Promulgation of Rules and Regulations.","title":"Section 25-11-16 Promulgation of Rules and Regulations.","sectionRange":null,"content":"

The secretary or the commissioner may promulgate rules and regulations for the implementation and administration of this chapter pursuant to the Alabama Administrative Procedure Act.

","history":"(Acts 1997, No. 97-228, p. 373, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25070,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24649,"codeId":3051,"versionId":2396,"parentId":2988,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-11-17","shortTitle":"Section 25-11-17","catchLine":"Violation; Penalty.","title":"Section 25-11-17 Violation; Penalty.","sectionRange":null,"content":"

Any person or entity violating any provision of this chapter may be subject to an administrative penalty not to exceed twenty-five dollars ($25) per violation. The secretary shall have the authority to collect and deposit an administrative penalty in the Employment Security Administration Fund to be used in accordance with state law.

","history":"(Acts 1997, No. 97-228, p. 373, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25071,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24650,"codeId":29728,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12","shortTitle":"Chapter 12","catchLine":"The Boiler and Pressure Vessel Safety Act.","title":"Chapter 12 The Boiler and Pressure Vessel Safety Act.","sectionRange":"§25-12-1 to §25-12-22","content":null,"history":null,"numChildren":22,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25072,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24651,"codeId":29729,"versionId":24460,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-1","shortTitle":"Section 25-12-1","catchLine":"Short Title.","title":"Section 25-12-1 Short Title.","sectionRange":null,"content":"

This chapter shall be known and may be cited as the “Boiler and Pressure Vessel Safety Act” and, except as otherwise provided in this chapter, shall apply to all boilers and pressure vessels.

","history":"(Act 2000-315, p. 488, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25073,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24652,"codeId":29730,"versionId":24461,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-2","shortTitle":"Section 25-12-2","catchLine":"Definitions.","title":"Section 25-12-2 Definitions.","sectionRange":null,"content":"

As used in this chapter, the following terms shall have the following meanings:

(1) BOARD. The Board of Boilers and Pressure Vessels.

(2) BOILER. A closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electrical, solar, or nuclear energy. The term “boiler” shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term “boiler” is further defined to include any of the following terms:

a. Heating boiler. A steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit.

b. High pressure, high temperature water boiler. A water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit.

c. Power boiler. A boiler in which steam or other vapor is generated at a pressure of more than 15 psig.

(3) CERTIFICATE OF INSPECTION. An inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Section 25-12-15 may be issued.

(4) DEPARTMENT. The Department of Labor.

(5) PRESSURE VESSEL. A vessel other than those vessels defined in subdivision (2) in which the pressure is obtained from an external source or by the application of heat.

(6) SECRETARY. The Secretary of Labor.

","history":"(Act 2000-315, p. 488, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25074,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24653,"codeId":29731,"versionId":30329,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-3","shortTitle":"Section 25-12-3","catchLine":"Board of Boilers and Pressure Vessels.","title":"Section 25-12-3 Board of Boilers and Pressure Vessels.","sectionRange":null,"content":"

There is created within the Department of Labor a Board of Boilers and Pressure Vessels, which shall be referred to in this chapter as the board. The board shall consist of nine members, the majority of whom shall have experience in design, construction, inspection, repair, or operation of boilers or pressure vessels. Eight of these members shall be citizens of this state and appointed by the Secretary of Labor, two for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. At the expiration of their respective terms of office, they or their successors identifiable with the same interest respectively as provided in this chapter shall be appointed for terms of four years each. The secretary may at any time remove any member of the board for inefficiency or neglect of duty in office. Upon the death or incapacity of any member, the secretary shall fill the vacancy for the remainder of the unexpired term with a representative of the same interests with which his or her predecessor was identified. Of these eight appointed members, the majority of whom shall be registered professional engineers when available, one shall be a representative of owners and users of power boilers having experience with the boilers; one shall be a representative of owners and users of heating boilers; one shall be a representative of owners and users of pressure vessels having experience with the vessels; one shall be a representative of boiler or pressure vessel manufacturers; one shall be a representative of the crafts involved in the construction, repair, or operation of boilers or pressure vessels; one shall be a representative of the heating contractors; one shall be a representative of a company licensed to insure and insuring in this state boilers and pressure vessels; and one shall represent the public, for example, a mechanical engineer on the faculty of a recognized engineering college within the state or a licensed professional engineer. The ninth member of the board shall be the secretary or his or her designee.

","history":"(Act 2000-315, p. 488, §3; Act 2008-143, p. 230, §3; Act 2009-26, p. 85, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25075,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24654,"codeId":29732,"versionId":24462,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-4","shortTitle":"Section 25-12-4","catchLine":"Rules and Regulations.","title":"Section 25-12-4 Rules and Regulations.","sectionRange":null,"content":"

(a)(1) The department, with the advice of the board, shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state.

(2) The definitions, rules, and regulations formulated for new construction shall be based upon and at all times follow the generally accepted nationwide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety. The department, with the advice of the board, may adopt an existing published codification, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations made and approved by the council of the society, and may adopt the amendments and interpretations subsequently made and published by the same authority. When adopted, the codification shall be deemed to be incorporated into and shall constitute a part of the definitions, rules, and regulations of the department. Amendments and interpretations to the code shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nationwide engineering standards.

(3) The department, with the advice of the board, shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective or during the 12-month period immediately thereafter. The rules and regulations shall be based upon and at all times follow generally accepted nationwide engineering standards and practices and may adopt the applicable sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute.

(b) The rules and regulations and any subsequent amendments formulated by the department shall be adopted pursuant to the Alabama Administrative Procedure Act, except the board shall allow a hearing by interested parties prior to adoption. The rules when promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the department. Notice of the hearing shall give the time, the place, and state the matters to be considered at the hearing.

(c) Subsequent amendments to the rules and regulations adopted by the department shall be permissive immediately and shall become mandatory 12 months after their promulgation.

","history":"(Act 2000-315, p. 488, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25076,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24655,"codeId":29733,"versionId":24463,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-5","shortTitle":"Section 25-12-5","catchLine":"Installation and Operation to Conform with Rules and Regulations.","title":"Section 25-12-5 Installation and Operation to Conform with Rules and Regulations.","sectionRange":null,"content":"

No boiler or pressure vessel which does not conform to the rules and regulations of the department governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of the rules and regulations, in that event, a special installation and operating permit may be granted by the department.

","history":"(Act 2000-315, p. 488, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25077,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24656,"codeId":29734,"versionId":24464,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-6","shortTitle":"Section 25-12-6","catchLine":"Maximum Allowable Working Pressure.","title":"Section 25-12-6 Maximum Allowable Working Pressure.","sectionRange":null,"content":"

(a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, the boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable.

(b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.

(c) This chapter shall not be construed to prevent the use, the sale, or the reinstallation of a boiler or pressure vessel referred to in this section, provided it has been made to conform to the rules and regulations of the board governing existing installations and has not been found upon inspection to be in an unsafe condition.

","history":"(Act 2000-315, p. 488, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25078,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24658,"codeId":29736,"versionId":24466,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-8","shortTitle":"Section 25-12-8","catchLine":"Chief Inspector.","title":"Section 25-12-8 Chief Inspector.","sectionRange":null,"content":"

(a) The secretary may appoint as chief inspector a citizen of this state who at the time of the appointment shall have not less than five years’ experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall pass the same type of examination prescribed under Section 25-12-11. The chief inspector may be removed for cause after due investigation by the board and its recommendation to the secretary.

(b) The chief inspector, if authorized by the secretary, shall be charged, directed, and empowered to do all of the following:

(1) To take action necessary for the enforcement of the laws of the state governing the use of boilers and pressure vessels to which this chapter applies and of the rules and regulations of the department.

(2) To keep a complete record of the name of each owner or user and his or her location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which the chapter applies.

(3) To publish and make available to anyone requesting them copies of the rules and regulations promulgated by the department.

(4) To issue or to suspend or revoke for cause inspection certificates as provided for in Section 25-12-15.

(5) To cause the prosecution of all violators of this chapter.

","history":"(Act 2000-315, p. 488, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25080,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24659,"codeId":29737,"versionId":24467,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-9","shortTitle":"Section 25-12-9","catchLine":"Deputy Inspectors.","title":"Section 25-12-9 Deputy Inspectors.","sectionRange":null,"content":"

The secretary may employ deputy inspectors who shall be responsible to the chief inspector. A deputy inspector at the time of appointment shall have three years of experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector. A deputy inspector shall pass the examination provided for in Section 25-12-11.

","history":"(Act 2000-315, p. 488, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25081,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24660,"codeId":29738,"versionId":24468,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-10","shortTitle":"Section 25-12-10","catchLine":"Special Inspectors.","title":"Section 25-12-10 Special Inspectors.","sectionRange":null,"content":"

(a) In addition to the deputy inspectors authorized by Section 25-12-9, the secretary, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels, or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the department and causes the pressure vessels to be regularly inspected and rated by the inspection service in accordance with applicable provisions of the rules and regulations adopted by the department pursuant to Section 25-12-4, shall issue to each inspector of the insurance company a certificate of competency as a special inspector and to each inspector of the company operating a pressure vessel a certificate of competency as owner or user inspectors. Each inspector before receiving his or her certificate of competency shall satisfactorily pass the examination provided for by Section 25-12-11 or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels from a state that has a standard of examination substantially equal to that of this state, or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by the company and which are not for resale.

(b) The expenses or salary of special inspectors or owner or user inspectors shall not be paid by the state. The continuance of their certificates of competency shall be conditioned upon the special inspectors or owner or user inspectors continuing in the employ of the boiler insurance company or in the employ of the company operating pressure vessels in this state and upon their maintenance of the standards imposed by this chapter.

(c) The special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies. When inspected, the owners and users of the boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the secretary.

","history":"(Act 2000-315, p. 488, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25082,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24661,"codeId":29739,"versionId":24469,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-11","shortTitle":"Section 25-12-11","catchLine":"Examination of Inspectors.","title":"Section 25-12-11 Examination of Inspectors.","sectionRange":null,"content":"

The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the board or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. The examination shall be confined to questions the answers to which shall aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. If an applicant fails to pass the examination, the applicant may appeal to the board for another examination which shall be given by the board after 90 days. The record of an applicant’s examination shall be accessible to the applicant and employer of the applicant.

","history":"(Act 2000-315, p. 488, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25083,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24662,"codeId":29740,"versionId":24470,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-12","shortTitle":"Section 25-12-12","catchLine":"Certificate of Competency - Suspension, Hearing, Reinstatement.","title":"Section 25-12-12 Certificate of Competency - Suspension, Hearing, Reinstatement.","sectionRange":null,"content":"

(a) An inspector’s certificate of competency may be suspended by the secretary after investigation and recommendation by the board for the incompetence or untrustworthiness of the holder of the certificate, for willful falsification of any matter or statement contained in the application of the inspector, or in a report of any inspection he or she made. Written notice of any suspension shall be given by the secretary within 10 days of the suspension to the inspector and the employer of the inspector. A person whose certificate of competency has been suspended shall be entitled to an appeal to the board pursuant to Section 25-12-19 and shall be present in person and may be represented by counsel at the hearing of the appeal.

(b) If the board believes that an inspector is no longer qualified to hold his or her certificate of competency, the board, upon 10 days’ written notice to the inspector and the employer of the inspector, shall hold a hearing at which the inspector and his or her employer shall have an opportunity to be heard. If, as a result of the hearing, the board shall find that the inspector is no longer qualified to hold his or her certificate of competency, the board shall recommend to the secretary that the certificate of competency be revoked and the secretary shall immediately revoke the certificate of competency.

(c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of the suspension, for reinstatement of the certificate of competency.

","history":"(Act 2000-315, p. 488, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25084,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24663,"codeId":29741,"versionId":24471,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-13","shortTitle":"Section 25-12-13","catchLine":"Certificate of Competency - Replacement Upon Loss or Destruction.","title":"Section 25-12-13 Certificate of Competency - Replacement Upon Loss or Destruction.","sectionRange":null,"content":"

If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued without further examination.

","history":"(Act 2000-315, p. 488, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25085,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24664,"codeId":29742,"versionId":24472,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-14","shortTitle":"Section 25-12-14","catchLine":"Certificate Inspection.","title":"Section 25-12-14 Certificate Inspection.","sectionRange":null,"content":"

(a) The secretary, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether the boiler or pressure vessel is being constructed and installed in accordance with the provisions of this chapter.

(b)(1) On and after January 1, 2002, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) or except for boilers or pressure vessels exempt under Section 25-12-7, owners and users may request to waive this exemption, shall be thoroughly inspected as to their construction, installation, and condition as follows:

a. Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise it shall be as complete an inspection as possible. The boilers shall also be externally inspected while under pressure, if possible.

b. Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction permits.

c. Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector.

d. Pressure vessels subject to internal corrosion shall receive a certificate inspection every three years with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate of inspection at intervals set by the board.

e. Nuclear vessels within the scope of this chapter shall be inspected and reported in the form and with the appropriate information as designated by the board.

(2) A grace period of two months beyond the periods specified in paragraphs a. and b. of subdivision (1) may elapse between certificate inspections.

(3) The department may provide for longer periods between certificate inspection in its rules and regulations.

(4) Pursuant to this chapter, the department shall be responsible for providing for the safety of life, limb, and property and shall have jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, which shall include all of the following:

a. Previous experience, based on records of inspection, performance, and maintenance.

b. Location, with respect to personnel hazard.

c. Quality of inspection and operating personnel.

d. Provision for related safe operation controls.

e. Interrelation with other operations outside the scope of this chapter.

(5) The board may permit variations in the inspection requirements based upon documentation of the actual service conditions by the owner or user of the operating equipment.

(c) The inspections required in this chapter shall be made by the chief inspector, by a deputy inspector, by a special inspector, or by an owner or user inspector provided for in this chapter.

(d) Owner or user inspection of pressure vessels shall be permitted. The owner or user inspection service shall be regularly established, and shall be under the supervision of one or more individuals whose qualifications are satisfactory to the board. The owner or user shall cause the pressure vessels to be inspected in conformance with the National Board Inspection Code or API 510, as applicable.

(e) If the inspector deems a hydrostatic test shall be necessary, it shall be made by the owner or user of the boiler or pressure vessel.

(f) All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the 12-month period from the date upon which the rules and regulations of the board shall become effective, shall be inspected during construction as required by the applicable rules and regulations of the board by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.

","history":"(Act 2000-315, p. 488, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25086,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24665,"codeId":29743,"versionId":24473,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-15","shortTitle":"Section 25-12-15","catchLine":"Inspection Report; Maintenance of Records; Inspection Certificate.","title":"Section 25-12-15 Inspection Report; Maintenance of Records; Inspection Certificate.","sectionRange":null,"content":"

(a) Each company employing special inspectors, within 30 days following each certificate inspection made by the inspectors, shall file a report of the inspection with the chief inspector upon appropriate forms as promulgated by the secretary. The filing of reports of external inspections, other than certificate inspections, shall not be required except when the inspections disclose that the boiler or pressure vessel is in a dangerous condition.

(b) Each company operating pressure vessels covered by an owner or user inspection service meeting the requirements of subsection (a) of Section 25-12-10 shall maintain in its files an inspection record which shall list, by number and any abbreviated description necessary for identification, each pressure vessel covered by this chapter, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or his or her authorized representative during business hours.

(c) If the report filed pursuant to subsection (a) shows that a boiler or pressure vessel is found to comply with the rules and regulations of the department, the chief inspector, or his or her duly authorized representative, shall issue to the owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. The inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by paragraphs a. to d., inclusive, of subdivision (1) of subsection (b) of Section 25-12-14, for which the board has established or extended the operating period between required inspections pursuant to the provisions of paragraphs c. and d. of subdivision (1) of subsection (b) of Section 25-12-14, the certificate shall be valid for a period of not more than two months beyond the period set by the board. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination.

(d) No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide the insurance.

(e) The secretary or his or her authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this chapter. Each suspension of an inspection certificate shall continue in effect until the boiler or pressure vessel shall conform to the rules and regulations of the department and until the reinstatement of the inspection certificate.

(f) The secretary or his or her authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until the conditions are corrected to the satisfaction of the secretary or his or her authorized representative.

","history":"(Act 2000-315, p. 488, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25087,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24666,"codeId":29744,"versionId":24474,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-16","shortTitle":"Section 25-12-16","catchLine":"Reinspection; Payment of Fees.","title":"Section 25-12-16 Reinspection; Payment of Fees.","sectionRange":null,"content":"

(a) Boilers and pressure vessels subject to operating certificate inspections by special inspectors, or owner or user inspectors, shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a fine of five hundred dollars ($500) for each boiler or pressure vessel not inspected.

(b)(1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special inspectors, or owner or user inspectors, shall be paid within 60 calendar days of completion of the inspections.

(2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the secretary.

(c) The secretary may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department.

","history":"(Act 2000-315, p. 488, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25088,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24667,"codeId":29745,"versionId":24475,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-17","shortTitle":"Section 25-12-17","catchLine":"Operation Without Valid Inspection Certificate.","title":"Section 25-12-17 Operation Without Valid Inspection Certificate.","sectionRange":null,"content":"

After 12 months for power boilers, 24 months for low pressure steam heating, hot water heating, and hot water supply boilers, and 36 months for pressure vessels following July 1, 2001, it shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Section 25-12-15, without a valid inspection certificate. The operation of a boiler or pressure vessel without the inspection certificate or at a pressure exceeding that specified in the inspection certificate or in violation this chapter shall constitute a misdemeanor.

","history":"(Act 2000-315, p. 488, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25089,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24669,"codeId":29747,"versionId":24476,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-19","shortTitle":"Section 25-12-19","catchLine":"Bond.","title":"Section 25-12-19 Bond.","sectionRange":null,"content":"

The chief inspector shall furnish a bond in the sum of five thousand dollars ($5,000) and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of two thousand dollars ($2,000) conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them, respectively, and the payment thereof to the proper recipient.

","history":"(Act 2000-315, p. 488, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25091,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24670,"codeId":29748,"versionId":24477,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-20","shortTitle":"Section 25-12-20","catchLine":"Appeal and Review.","title":"Section 25-12-20 Appeal and Review.","sectionRange":null,"content":"

(a) Any person aggrieved by an order or an act of the secretary or the chief inspector under this chapter may, within 15 days of notice thereof, appeal from the order or act to the board which, within 30 days thereafter, shall issue an appropriate order either approving or disapproving the order or act. A copy of the order by the board shall be given to all interested parties.

(b) After any order or act of the board, any person aggrieved thereby may file a petition in the Circuit Court of Montgomery County for review pursuant to the Alabama Administrative Procedure Act.

","history":"(Act 2000-315, p. 488, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25092,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24671,"codeId":29749,"versionId":24478,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-21","shortTitle":"Section 25-12-21","catchLine":"Preemption.","title":"Section 25-12-21 Preemption.","sectionRange":null,"content":"

No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of the county, municipality, or other political subdivision.

","history":"(Act 2000-315, p. 488, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25093,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24672,"codeId":29750,"versionId":24479,"parentId":29728,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-12-22","shortTitle":"Section 25-12-22","catchLine":"Sunset Provision.","title":"Section 25-12-22 Sunset Provision.","sectionRange":null,"content":"

Repealed by Act 2016-30, §3, effective February 29, 2016.

","history":"(Act 2000-315, p. 488, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25094,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24673,"codeId":31119,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"13","shortTitle":"Chapter 13","catchLine":"Elevator Safety.","title":"Chapter 13 Elevator Safety.","sectionRange":"§25-13-1 to §25-13-25","content":null,"history":null,"numChildren":25,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25095,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24674,"codeId":31120,"versionId":25939,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-1","shortTitle":"Section 25-13-1","catchLine":"Purpose.","title":"Section 25-13-1 Purpose.","sectionRange":null,"content":"

(a) The purpose of this chapter is to provide for the safety of life and limb and to promote public safety awareness. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Elevator personnel performing work covered by this chapter shall by documented training or experience, or both, be familiar with the operation and safety functions of the components and equipment. Training and experience shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of this chapter. This chapter shall establish the minimum standards for elevator personnel.

(b) The provisions of this chapter are not intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method, or device, as prescribed in ASME A17.1, ASME A18.1, or ASCE 21.

(c) The design or modification of equipment covered by this chapter shall be prepared by or under the direct control and personal supervision of a licensed professional engineer.

","history":"(Act 2003-349, p. 903, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25096,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24675,"codeId":31121,"versionId":40880,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-2","shortTitle":"Section 25-13-2","catchLine":"Definitions.","title":"Section 25-13-2 Definitions.","sectionRange":null,"content":"

(a) As used in this chapter, the following terms shall have the following meanings:

(1) ADMINISTRATOR. The Secretary of the Department of Workforce or his or her designee.

(2) ASCE 21. American Society of Civil Engineers Automated People Mover Standards.

(3) ASME A17.1. The Safety Code for Elevators and Escalators, an American National Standard.

(4) ASME A17.3. The Safety Code for Existing Elevators and Escalators, an American National Standard.

(5) ASME A18.1. The Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard.

(6) AUTOMATED PEOPLE MOVER. An installation as defined as an automated people mover in ASCE 21.

(7) BOARD. The Elevator Safety Review Board.

(8) CERTIFICATE OF OPERATION. A document issued by the administrator that indicates that the conveyance has had the required safety inspection and tests, and fees have been paid as set forth in this chapter.

(9) CERTIFICATE OF OPERATION; TEMPORARY. A document issued by the administrator which permits the temporary use of a non-complaint conveyance by the general public for a limited time while minor repairs are being completed.

(10) CONVEYANCE. Any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, stairway chairlifts, and automated people movers.

(11) DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR. An installation placed out of service as specified in ASME A17.1 and ASME A18.1.

(12) ELEVATOR. An installation as defined as an elevator in ASME A17.1.

(13) ELEVATOR CONTRACTOR. Any sole proprietor, firm, or corporation who possesses an elevator contractor’s license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter.

(14) ELEVATOR HELPER/APPRENTICE. Any person who works under the general direction of a licensed elevator mechanic. A license is not required.

(15) ELEVATOR INSPECTOR. Any person who possesses an elevator inspector’s license in accordance with this chapter.

(16) ELEVATOR MECHANIC. Any person who possesses an elevator mechanic’s license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter.

(17) ESCALATOR. An installation as defined as an escalator in ASME A17.1.

(18) EXISTING INSTALLATION. An installation as defined as an installation, existing in ASME A17.1.

(19) LICENSE. A written license, duly issued by the administrator, authorizing a sole proprietor, firm, or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining or performing inspections of elevators or related conveyances covered by this chapter.

(20) LICENSE, ELEVATOR CONTRACTOR’S. A license which is issued to an elevator contractor who has proven his or her qualifications and ability and has been authorized by the board to possess this type of license. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining elevators or related conveyances covered by this chapter.

(21) LICENSE, ELEVATOR MECHANIC. A license which is issued to a person who has proven his or her qualifications and ability and has been authorized by the board to work on conveyance equipment. It shall entitle the holder thereof to install, construct, alter, service, repair, test, maintain, and perform electrical work on elevators or related conveyances covered by this chapter.

(22) LICENSE, LIMITED ELEVATOR MECHANIC. A license which is issued to a person who has proven his or her qualifications and ability, and has been authorized by the board to work on platform lifts and stairway chairlifts.

(23) LICENSE, INSPECTOR. A license which is issued to any person who has proven his or her qualifications and ability and has been authorized by the board to possess this type of license. It shall entitle the holder thereof to engage in the business of inspecting elevators or related conveyances covered by this chapter.

(24) LICENSE, LIMITED ELEVATOR CONTRACTOR’S. A license which is issued by the administrator, authorizing a sole proprietor, firm, or company who employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, repairing, or maintaining platform lifts and stairway chairlifts within any building or structure, including, but not limited to, private residences.

(25) LICENSEE. An elevator mechanic, elevator contractor, or elevator inspector.

(26) MATERIAL ALTERATION. An alteration as defined in the referenced standards.

(27) MOVING WALK OR SIDEWALK. An installation as defined as a moving walk in ASME A17.1.

(28) PRIVATE RESIDENCE. A separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit.

(29) REPAIR. A repair as defined in the referenced standards and which does not require a permit.

(30) TEMPORALLY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR. An installation whose power supply has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the OFF position. The car is parked and the hoistway doors are in the closed and latched position. A wire seal shall be installed on the mainline disconnect switch by a licensed elevator inspector. This installation shall not be used again until it has been put in safe running order and is in condition for use. Annual inspections shall continue for the duration of the temporally dormant status by a licensed elevator inspector. Temporally dormant status shall be renewable on an annual basis and shall not exceed a five-year period. The elevator inspector shall file a report with the chief elevator inspector describing the current conditions. The wire seal and padlock shall not be removed for any purpose without permission from the elevator inspector.

(b) All other building transportation terms are as defined in the latest edition of ASME A17.1 and ASME A18.1.

","history":"(Act 2003-349, p. 903, §2; Act 2005-69, p. 97, §3; Act 2017-70, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25097,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24676,"codeId":31122,"versionId":25940,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-3","shortTitle":"Section 25-13-3","catchLine":"Applicability.","title":"Section 25-13-3 Applicability.","sectionRange":null,"content":"

(a) Unless otherwise provided herein, this chapter covers the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following equipment, its associated parts, and its hoistways:

(1) Hoisting and lowering mechanisms equipped with a car or platform, which move between two or more landings. This equipment includes, but is not limited to, the following:

a. Elevators.

b. Platform lifts and stairway chairlifts.

(2) Power driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following:

a. Escalators.

b. Moving walks.

(3) Hoisting and lowering mechanisms equipped with a car which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes, but is not limited to, the following:

a. Dumbwaiters.

b. Material lifts and dumbwaiters with automatic transfer devices.

(b) This chapter covers the design, construction, operation, inspection, maintenance, alteration, and repair of automatic guided transit vehicles on guideways with an exclusive right-of-way including, but not limited to, automated people movers.

(c) Equipment not covered by this chapter includes, but is not limited to, any of the following:

(1) Personnel hoists within the scope of ANSI A10.4.

(2) Material hoists within the scope of ANSI A10.5.

(3) Manlifts within the scope of ASME A90.1.

(4) Mobile scaffolds, towers, and platforms within the scope of ANSI A92.

(5) Powered platforms and equipment for exterior and interior maintenance within the scope of ANSI 120.1.

(6) Conveyors and related equipment within the scope of ASME B20.1.

(7) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of ASME B30.

(8) Industrial trucks within the scope of ASME B56.

(9) Portable equipment, except for portable escalators which are covered by ANSI A17.1.

(10) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story.

(11) Equipment for feeding or positioning materials at machine tools, printing presses, etc.

(12) Skip or furnace hoists.

(13) Wharf ramps.

(14) Railroad car lifts or dumpers.

(15) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing an elevator by a contractor licensed in this state.

(16) Equipment otherwise covered under this chapter which is located at an industrial facility that is not accessible by the general public and which is used in the construction, operation, or maintenance of the facility.

(d) This chapter shall not apply to any entity engaged in the generation, transmission, or distribution of electric energy or any employee, agent, or contractor thereof when performing work for the utility or other entity described herein.

(e) The providers required to be licensed under Section 34-14C-4, shall be exempt from this chapter.

","history":"(Act 2003-349, p. 903, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25098,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24677,"codeId":31123,"versionId":25941,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-4","shortTitle":"Section 25-13-4","catchLine":"License Required.","title":"Section 25-13-4 License Required.","sectionRange":null,"content":"

(a) No person shall erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within buildings or structures in the jurisdiction of this state unless an elevator mechanic license has been issued, as described herein, and the person is working under the direct supervision of a sole proprietor, firm, or corporation who is a licensed elevator contractor pursuant to this chapter. No person shall wire any conveyance, from the mainline feeder terminals on the controller, in the jurisdiction of this state, unless an elevator mechanic license has been issued as described herein and the person is working under the direct supervision of a sole proprietor, firm, or corporation who is a licensed elevator contractor pursuant to this chapter. No other license shall be required for this work. A licensed elevator contractor is not required for removing or dismantling conveyances which are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.

(b) No person shall inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless an inspector’s license has been issued as described herein.

","history":"(Act 2003-349, p. 903, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25099,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24678,"codeId":31124,"versionId":30339,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-5","shortTitle":"Section 25-13-5","catchLine":"Elevator Safety Review Board - Created; Composition.","title":"Section 25-13-5 Elevator Safety Review Board - Created; Composition.","sectionRange":null,"content":"

(a) There is created the Elevator Safety Review Board, herein referred to as the “board,” consisting of 10 members, one of whom shall be the State Secretary of the Department of Labor who shall serve as the administrator. The Governor shall appoint the remaining nine members of the board as follows: One representative from a major elevator manufacturing company or its authorized representative; one representative from an elevator servicing company; one representative of the architectural design profession; one representative of the general public; one representative of a municipality in this state; one representative of a building owner or manager; one representative who is physically handicapped; one licensed professional engineer; and one representative of labor involved in the installation, maintenance, and repair of elevators. Each member of the board shall be a citizen of this state and the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(b) The initial members constituting the board shall serve for terms of three years, excluding the administrator who shall serve continuously. The board members shall serve without salary, but shall receive from the state expenses necessarily incurred by them in performance of their duties. The Governor shall appoint one of the members to serve as chair, and the chair shall be the deciding vote in the event of a tie vote.

(c) Upon the expiration of the initial terms of office, the terms of office shall be staggered so that three successors shall serve terms of office of one year each; three successors shall serve terms of office of two years each; and three successors shall serve terms of office of three years each. The Governor, by drawing lots, shall determine which successors shall serve one, two, and three-year terms of office. Thereafter, each successor member shall be appointed and serve a term of office of three years. The administrator shall continue to serve continuously.

","history":"(Act 2003-349, p. 903, §5; Act 2005-69, p. 97, §3; Act 2009-32, p. 105, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25100,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24680,"codeId":31126,"versionId":35779,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-7","shortTitle":"Section 25-13-7","catchLine":"Application for License.","title":"Section 25-13-7 Application for License.","sectionRange":null,"content":"

(a) Elevator Contractor. Any sole proprietor, firm, or corporation wishing to engage in the business of elevator, dumbwaiter, escalator, moving sidewalk, or other conveyance installation, alteration, service, replacement, or maintenance within this jurisdiction shall make application for a license with the administrator on a form provided by the administrator.

(b) Elevator Mechanic. Any person wishing to engage in installing, altering, repairing, or servicing an elevator, dumbwaiter, escalator, moving sidewalk installation, alteration, service, replacement, or maintenance within the jurisdiction of this state shall make application for a license with the administrator on a form provided by the administrator.

(c) Inspector. Any person wishing to engage in the business of elevator, dumbwaiter, escalator, moving walk, or platform or stairway chairlift inspections within the jurisdiction of this state shall make application for a license with the administrator on a form to be provided by the administrator. An inspector shall possess those qualifications established by rule of the Department of Labor.

(d) The application for licenses shall contain information for the following provisions:

(1) If a person or sole proprietor, the name, residence address, and business address of the applicant.

(2) If a partnership, the name and residence and business addresses of each partner.

(3) If a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation. If a corporation other than a domestic corporation, the name and address of a local agent who shall be authorized to accept service of process and official notices.

(4) The number of years the applicant has engaged in the business of installing, inspecting, and maintaining or servicing elevators or platform lifts.

(5) The approximate number of persons, if any, to be employed by the elevator contractor applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers’ compensation insurance.

(6) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance.

(7) Criminal record of convictions, if any, as verified by the Department of Public Safety.

(8) If a person or sole proprietor, a statement that the applicant is a United States citizen or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(9) Other information as the administrator may require.

","history":"(Act 2003-349, p. 903, §7; Act 2009-32, p. 105, §3; Act 2013-149, p. 283, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25102,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24681,"codeId":31127,"versionId":25942,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-8","shortTitle":"Section 25-13-8","catchLine":"Qualifications for Mechanic License; Issuance Without Examination.","title":"Section 25-13-8 Qualifications for Mechanic License; Issuance Without Examination.","sectionRange":null,"content":"

(a) No license shall be granted to any person who has not proven his or her qualifications and abilities. Applicants for a mechanic license must demonstrate the following qualifications:

(1) An acceptable combination of documented experience and education credits and not less than three years’ work experience in the elevator industry in construction, maintenance, and service and repair, as verified by current and previous employers licensed to do business in this state. Satisfactory completion of a written examination administered by the board on the most recent referenced codes and standards.

(2) Certificates of completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program or its equivalent; or certificates of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor, or a state apprenticeship council.

(b) Any person who furnishes the administrator with acceptable proof that he or she has worked as an elevator constructor or maintenance or repair person shall upon making application for a license and paying the license fee be entitled to receive a license without an examination. The person shall have worked without direct and immediate supervision for an elevator contractor licensed to do business in this state. This employment shall be not less than three years immediately prior to September 1, 2003. The person must make application within one year of September 1, 2003.

(c) A license shall be issued to an individual holding a valid license from a state having standards substantially equal to those of this chapter upon application and without examination.

","history":"(Act 2003-349, p. 903, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25103,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24682,"codeId":31128,"versionId":40881,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-9","shortTitle":"Section 25-13-9","catchLine":"Qualifications for Inspector’s License.","title":"Section 25-13-9 Qualifications for Inspector’s License.","sectionRange":null,"content":"

No inspector’s license shall be granted to any person unless he or she demonstrates to the satisfaction of the administrator or other officer designated by the board that he or she meets the qualifications established by rule of the Department of Workforce for an elevator inspector.

","history":"(Act 2003-349, p. 903, §9; Act 2017-70, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25104,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24683,"codeId":31129,"versionId":25943,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-10","shortTitle":"Section 25-13-10","catchLine":"Requirements for Contractor’s License.","title":"Section 25-13-10 Requirements for Contractor’s License.","sectionRange":null,"content":"

No license shall be granted to any sole proprietor, firm, or corporation that has not demonstrated the requisite qualifications and abilities. Duly authorized applicants for an elevator contractor’s license must have in their employ licensed elevator mechanics who perform the work described herein and have proof of compliance with the insurance requirements as set forth in this chapter.

","history":"(Act 2003-349, p. 903, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25105,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24684,"codeId":31130,"versionId":25944,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-11","shortTitle":"Section 25-13-11","catchLine":"Comity.","title":"Section 25-13-11 Comity.","sectionRange":null,"content":"

A license may be issued to a sole proprietor, firm, or corporation holding a valid license from a state having standards substantially equal to those of this chapter, upon application.

","history":"(Act 2003-349, p. 903, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25106,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24686,"codeId":31132,"versionId":25945,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-13","shortTitle":"Section 25-13-13","catchLine":"Suspension, Revocation, Etc., of License.","title":"Section 25-13-13 Suspension, Revocation, Etc., of License.","sectionRange":null,"content":"

(a) A license issued pursuant to this chapter may be suspended, revoked, or subject to civil penalty by the administrator upon verification that any one or more of the following reasons exist:

(1) Any false statement as to material matter in the application.

(2) Fraud, misrepresentation, or bribery in securing a license.

(3) Failure to notify the administrator and the owner or lessee of an elevator or related mechanism of any condition not in compliance with this chapter.

(4) Violation of any provisions of this chapter.

(b) No license shall be suspended, revoked, or subject to civil penalty until after a hearing before the administrator upon notice to the licensee of at least 10 days at the last known address appearing on the license, served personally or by registered mail. The notice shall state the date, hour, and place of hearing and set forth a statement of facts constituting the grounds for the charges against the licensee. The administrator may suspend or revoke the license or dismiss the proceeding.

(c) Any person, sole proprietor, firm, or corporation whose license is revoked, suspended, or subject to civil penalty may appeal from such determination to the board, which shall, within 30 days thereafter, hold a hearing, of which at least 15 days’ written notice shall be given to all interested parties. The board shall, within 30 days after such hearing, issue a decision.

","history":"(Act 2003-349, p. 903, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25108,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24687,"codeId":31133,"versionId":25946,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-14","shortTitle":"Section 25-13-14","catchLine":"Registration of Conveyances.","title":"Section 25-13-14 Registration of Conveyances.","sectionRange":null,"content":"

Within six months after the date of the appointment of the board, the owner or lessee of every existing conveyance shall register with the board and the administrator each such elevator, dumbwaiter, platform lift, and escalator, or device described in Section 25-13-1 owned and operated by the owner or lessee, giving the type, rated load and speed, name of manufacturer, its location and the purpose for which it is used, and such additional information as the administrator may require. Elevators, dumbwaiters, platform lifts, escalators, and moving walks, or other conveyances on which construction has begun subsequent to the date of the creation of the board shall be registered at the time they are completed and placed in service.

","history":"(Act 2003-349, p. 903, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25109,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24689,"codeId":31135,"versionId":47847,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-16","shortTitle":"Section 25-13-16","catchLine":"Conveyance Permit Required.","title":"Section 25-13-16 Conveyance Permit Required.","sectionRange":null,"content":"

(a) No conveyance covered by this chapter shall be erected, constructed, installed, or altered within buildings or structures within this jurisdiction unless a permit has been obtained from the administrator before the work is commenced. Where any material alteration, as defined herein, is made, the device shall conform to applicable requirements in ASME A17.1, ASME A18.1, or ASCE 21 for the alteration. No permit required hereunder shall be issued except to a sole proprietor, firm, or corporation holding a current elevator contractor’s license, duly issued pursuant to this chapter. A copy of the permit shall be kept at the construction site at all times while the work is in progress.

(b) The permit fee shall be as set by the board. Permit fees collected are non-refundable.

(c) Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated, or altered; and all structural supporting members thereof, including foundations, and shall specify all materials to be employed and all loads to be supported or conveyed. Plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(d) The applicable fees shall accompany each permit application.

(e) New elevators installed on and after July 1, 2022, are required to conform to the applicable elevator safety codes in effect when the conveyance permit is issued. Modifications to existing elevators shall conform to the applicable elevator safety codes in effect at the time the permit for modification or alteration is issued. Portions of an elevator that are unaltered or unaffected by the alteration are only required to comply with the code requirements that existed at the time of installation.

","history":"(Act 2003-349, p. 903, §16; Act 2022-241, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25111,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24690,"codeId":31136,"versionId":25949,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-17","shortTitle":"Section 25-13-17","catchLine":"Revocation of Permit; Extension of Time.","title":"Section 25-13-17 Revocation of Permit; Extension of Time.","sectionRange":null,"content":"

(a) Permits may be revoked for the following reasons:

(1) Where any false statements or misrepresentations were made as to the material facts in the application, plans, or specifications on which the permit was based.

(2) Where the permit was issued in error and should not have been issued in accordance with this chapter.

(3) Where the work detailed under the permit is not being performed in accordance with the provisions of the application, plans, or specifications or with this chapter or conditions of the permit.

(4) Where the elevator contractor to whom the permit was issued fails or refuses to comply with a STOP WORK order.

(5) If the work authorized by the permit is not commenced within six months after the date of issuance or within a shorter period of time as the administrator, or his or her authorized representative in his or her discretion, may specify at the time the permit is issued.

(6) If the work is suspended or abandoned for 60 days, or shorter time as the administrator may specify at the time the permit is issued, after the work has been started.

(b) The administrator may allow an extension of time at his or her discretion.

","history":"(Act 2003-349, p. 903, §§17, 18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25112,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24691,"codeId":31137,"versionId":33624,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-18","shortTitle":"Section 25-13-18","catchLine":"Installation by Licensee; Certification of Compliance; Certificate of Operation; Inspection.","title":"Section 25-13-18 Installation by Licensee; Certification of Compliance; Certificate of Operation; Inspection.","sectionRange":null,"content":"

(a) All new conveyance installations shall be performed by a sole proprietor, firm, or corporation to which a license to install or service conveyances has been issued. Subsequent to installation, the licensed sole proprietor, firm, or corporation must certify compliance with the applicable sections of this chapter. Prior to any conveyance being used, the property owner or lessee must obtain a certificate of operation from the administrator. A fee as set forth in this chapter shall be paid for the certificate of operation. It shall be the responsibility of the licensed elevator contractor to complete and submit first-time registrations for new installations. The certificate of operation fee for newly installed elevators, platform lifts, and stairway chairlifts for private residences shall be subsequent to an inspection by a licensed third party inspection firm.

(b) The certificate of operation fee for all new and existing stairway chairlifts for private residences and any renewal fees shall be waived. The administrator, or his or her designee, shall inspect, in accordance with the requirements set forth in this chapter, all newly installed elevators, platform lifts, and stairway chairlifts for private residences. For newly installed residential elevators and residential elevators in locations other than private residences, the inspector shall note on the inspection report compliance with the applicable codes governing protection of hoistway openings, commonly known as the 3x5 rule.

(c) A certificate of operation is renewable annually. The administrator may require any conveyance out of compliance with this chapter to be placed out of service until it is reinspected and found to be in compliance. In addition, a private residence owner may request an annual inspection at his or her discretion. Certificates of operation must be clearly displayed on or in each conveyance.

(d) No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of elevators and conveyances within the limits of the county, municipality, or other political subdivision.

","history":"(Act 2003-349, p. 903, §19; Act 2011-708, p. 2190, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25113,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24692,"codeId":31138,"versionId":25950,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-19","shortTitle":"Section 25-13-19","catchLine":"Insurance Policies.","title":"Section 25-13-19 Insurance Policies.","sectionRange":null,"content":"

(a) Elevator contractors shall submit to the administrator an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one occurrence and with coverage of at least five hundred thousand dollars ($500,000) for property damage in any one occurrence and the statutory workers’ compensation insurance coverage.

(b) Elevator inspectors, not employed by the authority having jurisdiction, shall submit to the administrator an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one occurrence and with coverage of at least five hundred thousand dollars ($500,000) for property damage in any one occurrence and the statutory workers’ compensation insurance coverage.

(c) The policies, or duly certified copies thereof, or an appropriate certificate of insurance approved as to form by the administrator shall be delivered to the administrator before or at the time of the issuance of a license. In the event of any material alteration or cancellation of any policy, at least 10 days’ notice shall be given to the administrator.

","history":"(Act 2003-349, p. 903, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25114,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24693,"codeId":31139,"versionId":25951,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-20","shortTitle":"Section 25-13-20","catchLine":"Enforcement Program; Investigation.","title":"Section 25-13-20 Enforcement Program; Investigation.","sectionRange":null,"content":"

(a) It shall be the duty of the administrator to develop an enforcement program which will ensure compliance with regulations and requirements referenced in this chapter. An enforcement program shall include, but is not limited to, regulations for identification of property locations which are subject to the regulations and requirements; issuing notifications to violating property owners or operators; random on-site inspections and tests on existing installations; witnessing periodic inspections and testing in order to ensure satisfactory performance by licensed persons, sole proprietors, firms, or corporations; and assisting in the development of public awareness programs.

(b) Any person may request an investigation into an alleged violation of this chapter by giving notice to the administrator of such violation or danger. The notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request. Upon the request of any person signing the notice, such person’s name shall not appear on any copy of the notice or any record published, released, or made available.

(c) If upon receipt of a notification, the administrator determines that there are reasonable grounds to believe that a violation or danger exists, the administrator shall cause to be made an investigation in accordance with this chapter as soon as practicable to determine if such violation or danger exists. If the administrator determines that there are no reasonable grounds to believe that a violation or danger exists, the administrator shall notify the party in writing of such determination.

","history":"(Act 2003-349, p. 903, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25115,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24694,"codeId":31140,"versionId":25952,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-21","shortTitle":"Section 25-13-21","catchLine":"Liability Under Chapter.","title":"Section 25-13-21 Liability Under Chapter.","sectionRange":null,"content":"

This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator or other related mechanism covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefor or any liability to any person for whatever reason whatsoever by the enactment of this chapter or any acts or omissions arising hereunder.

","history":"(Act 2003-349, p. 903, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25116,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24695,"codeId":31141,"versionId":25953,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-22","shortTitle":"Section 25-13-22","catchLine":"Penalties.","title":"Section 25-13-22 Penalties.","sectionRange":null,"content":"

Any owner or lessee who shall violate any of the provisions of this chapter, upon conviction thereof, shall be fined in an amount not to exceed one thousand five hundred dollars ($1,500) or be imprisoned for a period not exceeding 30 days or both fined and imprisoned.

","history":"(Act 2003-349, p. 903, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25117,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24696,"codeId":31142,"versionId":25954,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-23","shortTitle":"Section 25-13-23","catchLine":"Compliance with Chapter.","title":"Section 25-13-23 Compliance with Chapter.","sectionRange":null,"content":"

The provisions of this chapter are not retroactive unless otherwise stated, and equipment shall be required to comply with the applicable code at the date of installation or within the period determined by the board for compliance with ASME A17.3, whichever is more stringent. If upon the inspection of any device covered by this chapter, the equipment is found to be in dangerous condition or there is an immediate hazard to those riding or using the equipment or if the design or the method of operation in combination with devices used is considered inherently dangerous in the opinion of the administrator, the administrator shall notify the owner of the condition and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition.

","history":"(Act 2003-349, p. 903, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25118,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24697,"codeId":31143,"versionId":25955,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-24","shortTitle":"Section 25-13-24","catchLine":"Annual Inspections Required.","title":"Section 25-13-24 Annual Inspections Required.","sectionRange":null,"content":"

(a) It shall be the responsibility of the owners of all new and existing conveyances located in any building or structure to have the conveyances inspected annually (ASME A17.1, category one) by a licensed elevator inspector. Subsequent to inspection, the licensed elevator inspector shall supply the property owner or lessee and the administrator with a written inspection report describing any and all violations. Property owners shall have 30 days from the date of the published inspection report to be in full compliance with correcting the violations.

(b) It shall be the responsibility of the owners of conveyances to have a licensed elevator inspector, as described in this chapter, insure that the required tests are performed at intervals in compliance with ASME A17.1, ASME A18.1, and ASCE 21.

(c) All tests shall be performed by a licensed elevator mechanic.

","history":"(Act 2003-349, p. 903, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25119,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24698,"codeId":31144,"versionId":25956,"parentId":31119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-13-25","shortTitle":"Section 25-13-25","catchLine":"Relation to Other Laws, Etc.","title":"Section 25-13-25 Relation to Other Laws, Etc.","sectionRange":null,"content":"

Whenever a provision in this chapter is found to be inconsistent with any provision of applicable state law, any rule or regulation promulgated thereunder, or any code, the applicable state law shall prevail. This chapter, unless specifically stated otherwise, is not intended to establish more stringent or more restrictive standards than standards set forth in the applicable state law.

","history":"(Act 2003-349, p. 903, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25120,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24699,"codeId":31784,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"14","shortTitle":"Chapter 14","catchLine":"Alabama Professional Employer Organization Registration Act.","title":"Chapter 14 Alabama Professional Employer Organization Registration Act.","sectionRange":"§25-14-1 to §25-14-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25121,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24700,"codeId":31785,"versionId":26945,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-1","shortTitle":"Section 25-14-1","catchLine":"Short Title.","title":"Section 25-14-1 Short Title.","sectionRange":null,"content":"

This chapter shall be known and may be cited as the “Alabama Professional Employer Organization Registration Act.”

","history":"(Act 2006-229, p. 397, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25122,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24701,"codeId":31786,"versionId":26946,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-2","shortTitle":"Section 25-14-2","catchLine":"Legislative Findings.","title":"Section 25-14-2 Legislative Findings.","sectionRange":null,"content":"

The Legislature finds and declares the following:

(1) That employee leasing is a growing industry in the State of Alabama and that professional employer organizations provide increased opportunities for employers to develop cost-effective methods of satisfying their personnel requirements and providing employees with access to certain employment benefits which might otherwise not be available to them.

(2) The Legislature deems it necessary, however, in the interest of the welfare of workers and employers to establish standards for the operation, regulation, and registration of professional employer organizations in Alabama to be administered by the Workers’ Compensation Division of the Department of Labor, and it is the intent of the Legislature that this be accomplished pursuant to the Alabama Professional Employer Organization Registration Act.

(3) That any allocation of the employer duties and responsibilities pursuant to this chapter will preserve all rights to which covered employees would be entitled under a traditional employment relationship.

","history":"(Act 2006-229, p. 397, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25123,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24702,"codeId":31787,"versionId":26947,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-3","shortTitle":"Section 25-14-3","catchLine":"Definitions.","title":"Section 25-14-3 Definitions.","sectionRange":null,"content":"

As used in this chapter, the following terms shall have the following meanings:

(1) ADMINISTRATIVE FEE. The fee charged to a client by a professional employer organization for professional employer services. The term does not include any amount of a fee by the professional employer organization that is for wages and salaries, benefits, workers’ compensation, payroll taxes, withholding, or other assessments paid by the professional employer organization to or on behalf of covered employees under the professional employer agreement.

(2) CLIENT. A person or entity that enters into a professional employer agreement with a professional employer organization, including a worksite employer.

(3) CONTROLLING PERSON. Any of the following:

a. An officer or director of a corporation operating as a professional employer organization, a shareholder holding 25 percent or more of the voting stock of a corporation operating as a professional employer organization, or a partner of a partnership operating as a professional employer organization.

b. An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of a company operating as a professional employer organization through the ownership of voting securities, by contract or otherwise, and who is actively involved in the day-to-day management of the company.

(4) COVERED EMPLOYEE. An individual having a relationship with a professional employer organization and a client who meets all of the following criteria:

a. The individual has executed a written employment agreement with the professional employer organization.

b. The individual is a co-employee of both the professional employer organization and the client.

c. The individual’s relationship with a professional employer organization and a client pursuant to a professional employer agreement is subject to this chapter. Individuals who are officers, directors, shareholders, partners, and managers of the client are covered employees to the extent the professional employer organization and the client have expressly agreed in the professional employer agreement that the individuals would be covered employees and provided the individuals meet the criteria of this subdivision and act as operational managers or perform services for the client.

(5) DEPARTMENT. The Alabama Department of labor.

(6) PERSON. An individual, sole proprietorship, business, partnership, corporation, limited liability company, association, firm, or any other form of legally recognized entity.

(7) PROFESSIONAL EMPLOYER ORGANIZATION. A person engaged in the business of providing professional employer services through one or more professional employer organization arrangements. A person engaged in the business of providing professional employer services shall be subject to registering under this chapter regardless of its use of the term professional employer organization, PEO, staff leasing company, registered staff leasing company, employee leasing company, or any other name. The term does not include:

a. Arrangements where a person, whose principal business activity is not entering into professional employer arrangements and which does not hold itself out as a professional employer organization, shares employees with a commonly owned company within the meaning of Section 414(b) and (c) of the Internal Revenue Code of 1986.

b. Arrangements by which a person assumes responsibility for the product produced or service performed by the person or his or her agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under the arrangements.

c. Temporary help services, which consist only of: (i) recruiting and hiring their own employees; (ii) finding other organizations that need the services of those employees; (iii) assigning those employees to perform work at or services for the other organizations to support or supplement the other organizations’ workforces, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects, and (iv) customarily attempting to reassign the employees to other organizations when they finish each assignment. However, notwithstanding any provision to the contrary, a temporary help service entity shall annually, at no cost, certify on a form approved by the secretary that the temporary help service is not providing professional employer organization services.

(8) PROFESSIONAL EMPLOYER ORGANIZATION ARRANGEMENTS. An arrangement under contract where an employee of a professional employer organization is assigned or leased, or both, to work at a client company. The assignment of the covered employee is intended to be of a long-term or continuing nature, rather than temporary or seasonal in nature. The term shall be liberally construed to include any and all arrangements meeting the criteria set forth by this chapter, by whatever term known.

(9) PROFESSIONAL EMPLOYER SERVICES. The service of entering into relationships under this chapter in which all or a majority of the employees providing services to a client or to a division or work unit of clients are covered employees. More specifically, professional employer services may include, but are not limited to, the payment of payroll, payment of payroll taxes, payment of unemployment compensation taxes, providing for workers’ compensation coverage, providing for health insurance coverage, and any and all other additional services as may be contracted for under the professional employer organization agreement. Exclusively providing, selling, or administering workers’ compensation and/or health insurance plans to one or more clients is not the provision of professional employer services.

(10) REGISTRANT. A person or entity registered as a professional employer organization under this chapter or renewing a registration under this chapter.

(11) SECRETARY. The Secretary of the Alabama Department of Labor.

(12) TEMPORARY EMPLOYEE. A person employed either through a staffing service or directly by an employer to support or supplement the existing work force in special situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects with the expectation that the position of the person shall be terminated upon the completion of the task or function.

","history":"(Act 2006-229, p. 397, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25124,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24703,"codeId":31788,"versionId":26948,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-4","shortTitle":"Section 25-14-4","catchLine":"Construction of Provisions; Scope of Business; Taxation; Competitive Bidding; Employment Information Provided by Professional Employer Organization.","title":"Section 25-14-4 Construction of Provisions; Scope of Business; Taxation; Competitive Bidding; Employment Information Provided by Professional Employer Organization.","sectionRange":null,"content":"

(a) Neither this chapter nor a professional employer agreement may affect, modify, or amend any collective bargaining agreement, or the rights or obligations of any client, professional employer organization, or covered employee under the federal National Labor Relations Act, or any other similar law.

(b) Neither this chapter nor a professional employer agreement may affect, modify, or amend any state, local, or federal licensing, registration, or certification requirement applicable to any professional employer organization, client, or covered employee.

(c) A covered employee who is required to be licensed, registered, or certified according to law or regulation is solely an employee of the client for purposes of the license, registration, or certification requirement.

(d) A professional employer organization does not engage in any occupation, trade, profession, or other activity which is subject to licensing, registration, or certification requirements, or is otherwise regulated by a governmental entity solely by entering into and maintaining a professional employer organization arrangement with a covered employee who is subject to the requirement or regulation.

(e) Unless otherwise expressly agreed to by the client in the professional employer agreement, a client shall have the sole right to direct and control the professional or licensed activities of covered employees and of the business of the client.

(f)(1) After June 1, 2006, for the purpose of qualifying for the income tax capital credit allowed under Article 7, commencing with Section 40-18-190, of Chapter 18, Title 40, and for the purpose of determining other economic incentives based on employment as provided or administered by the State of Alabama or its political subdivisions, covered employees actually working full-time in the business operations of the client shall be deemed employees solely of the client. A client shall be entitled to the benefit of any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of the client, subject to all other state and local laws controlling any benefit addressed in this sentence. When determining the Alabama apportionment factor, a client company shall include in the payroll factor the amount paid to the professional employer organization that is due to be paid to covered employees as wages earned.

(2) Any tax or fee upon professional employer services may only be imposed on the revenue from administrative fees.

(3) The tax assessed on a per capita or per employee basis shall be assessed against the client for covered employees and against the professional employer organization for its employees who are not a covered employee of a client.

(g) A bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client company’s status or certification as a small, minority-owned, disadvantaged, or woman-owned business enterprise or as a historically under-utilized business is not affected because the client company has entered into an agreement with a professional employer organization or uses the services of a professional employer organization.

(h) Each professional employer organization shall provide, upon request by a client or an agency or department of this state, all employment information reasonably required by an agency or department of this state.

","history":"(Act 2006-229, p. 397, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25125,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24704,"codeId":31789,"versionId":26949,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-5","shortTitle":"Section 25-14-5","catchLine":"Registration Requirements; Limited Registration; Reciprocity; Fees.","title":"Section 25-14-5 Registration Requirements; Limited Registration; Reciprocity; Fees.","sectionRange":null,"content":"

(a)(1) A person may not provide, advertise, or otherwise hold itself out as providing professional employer services in this state unless the person is registered under this chapter to operate a professional employer organization.

(2) Each person desiring to operate as a professional employer organization shall file with the secretary a completed registration form to include the following information:

a. The name or names under which the professional employer organization conducts business.

b. The address of the principal place of business of the professional employer organization and the address of each office it maintains in this state.

c. The professional employer organization’s taxpayer or employer identification number.

d. A list by jurisdiction of each name under which the professional employer organization has operated in the preceding five years, including any alternative names, names of predecessors and, if known, successor business entities.

e. A statement of ownership, which shall include the name and evidence of the business experience of any person that, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 25 percent or more of the equity interests of the professional employer organization.

f. A statement of management, which shall include the name and evidence of the business experience of any person who serves as president, chief executive officer, or otherwise has the authority to act as senior executive officer of the professional employer organization.

g. A financial statement setting forth the financial condition of the professional employer organization, as of a date not earlier than 180 days prior to the date submitted to the department, prepared in accordance with generally accepted accounting principles, and audited or reviewed by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located. The secretary, by rule, may allow for a waiver of the audit or review procedures for new professional employer organizations in business for less than one year. In no event shall a professional employer organization be allowed a renewal of the waiver after its first year of existence.

(3) In addition to the completed registration form, the applicant shall also file any reasonable form, material, and information as is necessary to enable the secretary to ascertain whether individuals affiliated with the registrant are qualified to serve as controlling persons.

(4) The secretary shall determine, by rule, the registration process.

(5) Each professional employer organization operating within this state shall immediately, upon request by the secretary, furnish a complete and current listing of all client employers.

(b) The secretary shall determine, by rule, the financial requirements for a registrant or renewal of registration. The rule may require the submission of securities or guarantees securing the payment of all unemployment taxes and workers’ compensation claims payments due to or with respect to covered employees and may require that the security or assets to secure such payments be maintained by a financial institution located in the State of Alabama. The secretary may accept net worth based upon audited financial statements in whole or in part for the financial requirements. The financial requirements shall not exceed one hundred thousand dollars ($100,000).

(c) The rules may provide and may establish fees for the consolidated application and licensing of professional employer organizations that are majority owned by the same parent, entity, or persons provided that: (1) The department may require an application fee for each professional employer organization, and (2) the multiple professional employer organizations may file reports and meet financial requirements on a consolidated basis if each company that is a part of the multiple employer organization group guarantees the obligations of each.

(d) A professional employer organization may be eligible for limited registration under this chapter if the professional employer organization:

(1) Is domiciled outside this state and is licensed or registered as a professional employer organization in another state that has substantially the same or greater requirements as this chapter.

(2) Does not maintain an office in this state or solicit clients located or domiciled within this state.

(3) Does not have more than 50 covered employees employed or domiciled in this state on any given day.

(4) The secretary shall determine, by rule, the limited registration requirements and process.

(e) The department, by rule, may provide for the reciprocal acceptance of a professional employer organization license or registration from another state if the licensing, operational, financial, and reporting requirements are substantially similar to those of this state. Neither this subsection nor a rule may be construed to relieve a registrant of the requirement of paying a fee required by this chapter or from any requirement to provide additional securities.

(f)(1) The secretary shall determine, by rule or regulation, the fees allowed by this chapter. The fees may not exceed those reasonably necessary for the administration and regulation of professional employer organizations in this state.

(2) The fee for any initial registration may not exceed one thousand dollars ($1,000), and the fee for a renewal registration may not exceed five hundred dollars ($500). The fee for any limited registration may not exceed five hundred dollars ($500), and the fee for a renewal of a limited registration may not exceed two hundred fifty dollars ($250). Fees for an initial or renewal registration shall be submitted at the time of registration and made payable to the Professional Employer Organization Registration Administrative Trust Fund. All registration fees shall be nonrefundable.

(g)(1) Each professional employer organization operating within this state on June 1, 2006, shall complete its initial registration not later than 180 days after June 1, 2006.

(2) Each professional employer organization not operating within this state on June 1, 2006, shall complete its initial registration prior to commencement of operations within this state.

(3) Any transfer or sale of stock or other ownership interest in a registrant that results in a change in the ownership of a majority of voting power over the stock or other ownership interest within a 12-month period shall require a new registration.

(4) A notice shall be posted in each business office maintained within the state which states that the professional employer organization is registered and regulated by the department and that any questions or complaints should be directed to the secretary.

(5) A notice shall be maintained in the administrative office of a client employer maintained within the state and shall be made available to any covered employee or the department’s representative upon request which states the name of the professional employer organization the employer is associated with, that the professional employer organization is registered and regulated by the department, and that any questions or complaints should be directed to the secretary.

(6) Each professional employer organization shall maintain an agent within the state for service of process.

(7) Any registration or limited registration shall remain valid for a period of one year from the date of registration. Each professional employer organization continuing to operate within this state shall renew its registration every year. The registrant must demonstrate each year continued compliance with all requirements of this chapter, including, without limitation, all requirements set forth for the initial registration.

(h) All records, client listings, client reports, financial statements, and other information obtained from a professional employer organization under this chapter, except to the extent necessary for the proper administration of this chapter by the department, shall be confidential and shall not be published or open to public inspection.

","history":"(Act 2006-229, p. 397, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25126,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24705,"codeId":31790,"versionId":26950,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-6","shortTitle":"Section 25-14-6","catchLine":"Prohibited Practices.","title":"Section 25-14-6 Prohibited Practices.","sectionRange":null,"content":"

The following acts and omissions are deemed to constitute deceptive practices and are prohibited for a professional employer organization and its controlling person:

(1) Making, issuing, circulating, or causing to be made an estimate, illustration, circular, statement, advertisement, sales presentation, omission, or comparison which intentionally misleads, deceives, or misrepresents the benefits, advantages, disadvantages, conditions, or terms of any professional employer organization arrangement.

(2) Filing with the secretary or other public official, or making, publishing, disseminating, circulating, or delivering to a person any false statement of financial condition of a person or business with the intent to deceive.

(3) Knowingly making a false entry of a material fact in any book, report, or statement of any person or business or knowingly omitting to make a true entry of any material fact pertaining to the business of the person in any book, report, or statement of that person.

(4) Any other practice or behavior that is deemed to be deceptive by law.

","history":"(Act 2006-229, p. 397, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25127,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24706,"codeId":31791,"versionId":26951,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-7","shortTitle":"Section 25-14-7","catchLine":"Grounds for Disciplinary Action.","title":"Section 25-14-7 Grounds for Disciplinary Action.","sectionRange":null,"content":"

The following acts constitute grounds for which disciplinary action against a registrant or controlling person may be taken by the secretary:

(1) Being convicted of or entering a guilty plea or a plea of nolo contendere to, any of the following:

a. A crime in any jurisdiction which relates to the operation of a professional employer organization or the ability to engage in business as a professional employer organization.

b. Fraud, deceit, or misconduct in the classification of employees and reporting of employee wages under the workers’ compensation laws of this state.

c. Fraud, deceit, or misconduct in the establishment of or maintenance of workers’ compensation coverage, regardless of whether self-insured or otherwise.

d. Fraud, deceit, or misconduct in the operation of a professional employer organization.

(2) Failing to maintain evidence of the workers’ compensation insurance coverage required in accordance with this chapter.

(3) Violating this chapter or any lawful order or rule issued under this chapter.

(4) Failing to notify the secretary in writing of any change of the primary business address or the addresses of any of the registrant’s offices in the state.

(5) Being found guilty by a court of competent jurisdiction of a course of conduct or practices which show that the registrant is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom the registrant may sustain a confidential relation, may not safely be entrusted to the registrant.

(6) Failing to inform the secretary in writing within 30 days after being convicted, pleading guilty, or entering a plea of nolo contendere to a felony, regardless of adjudication.

(7) Found liable for civil fraud by any court of competent jurisdiction in any state.

(8) Failure to inform the secretary in writing within 30 days of an adverse material action by a state or federal regulatory agency.

","history":"(Act 2006-229, p. 397, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25128,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24707,"codeId":31792,"versionId":26952,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-8","shortTitle":"Section 25-14-8","catchLine":"Violations; Penalties.","title":"Section 25-14-8 Violations; Penalties.","sectionRange":null,"content":"

(a)(1) Upon a finding that a registrant has violated a provision of Section 25-14-6 or 25-14-7, the secretary may:

a. Impose an administrative fine not to exceed one thousand dollars ($1,000) for every count or separate offense.

b. Impose upon the registrant the cost of investigation and prosecution, including reasonable attorney fees.

c. Refuse to register or renew the registration of an offending professional employer organization.

(2) The secretary may make, or cause to be made, investigations, audits, or reviews within or without the state as the secretary deems necessary to determine whether a person has violated or is in danger of violating this chapter, including any regulation or rule to aid in the enforcement of this chapter, including any regulation or rule promulgated pursuant to this chapter.

(3) All civil penalties collected under this chapter shall be deposited in the Professional Employer Organization Registration Administrative Trust Fund.

(b) A person who engages in the business of or acts as a professional employer organization without first registering with the department, or otherwise violates this chapter or any rules and regulations promulgated by the secretary in accordance with this chapter, shall be liable for a civil penalty for each offense of one hundred dollars ($100) for each count or separate offense. Each day of continued violation shall constitute a separate offense.

(c) In addition to the penalties provided for in this chapter, the secretary may take whatever regulatory or legal action necessary to enjoin or restrain any person engaging in the business of or acting as a professional employer organization without having first registered with the department.

(d) The controlling person of a professional employer organization who collects payments from a client representing wages, taxes, benefit payments, or insurance payments and fails to remit the funds to the appropriate governmental or private entity shall be guilty of a Class C felony.

(e) The controlling person of a client of a professional employer organization who fraudulently or falsely procures payroll checks without having adequate funds to compensate and reimburse the professional employer organization shall be guilty of a Class C felony.

","history":"(Act 2006-229, p. 397, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25129,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24708,"codeId":31793,"versionId":26953,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-9","shortTitle":"Section 25-14-9","catchLine":"Written Contract; Rights and Duties of Clients; Employees, and Professional Employer Organizations.","title":"Section 25-14-9 Written Contract; Rights and Duties of Clients; Employees, and Professional Employer Organizations.","sectionRange":null,"content":"

(a) All professional employer organization arrangements shall have a written contract between the client and the professional employer organization recognizing the rights, responsibilities, and duties of each party. The contract shall disclose to the client the services to be rendered by the professional employer organization, including the total administrative fees charged for professional employer organization services, the respective rights and obligations of the parties, and shall provide the following:

(1) The professional employer organization reserves a right of direction and control over contract employees and exercises that right in the context of the need to do so according to the terms and conditions of the professional employment agreement. The client, however, as an employer, may retain sufficient direction and control over covered employees necessary to conduct its business, and, without which, the client would be unable to conduct its business, discharge any fiduciary responsibility, or comply with any applicable licensure, regulatory, or statutory requirement.

(2) The professional employer organization assumes responsibility to pay wages to covered employees, withhold, collect, report, and remit payroll-related and unemployment taxes to the extent that the client employer has funded the obligations; and, to the extent the professional employer organization has assumed responsibility in the professional employer agreement, to make payments for employee benefits for covered employees. As used in this section, the term wages does not include any obligation between a client and a covered employee for payments beyond or in addition to the covered employee’s salary, draw, or regular rate of pay, such as bonuses, commissions, severance pay, deferred compensation, profit sharing, vacation, sick leave, or other paid time off pay, unless the professional employer organization has expressly agreed to assume liability for the payments in the professional employer agreement.

(3) Under the terms and conditions of the professional employment agreement, the professional employer organization and the client shall both have a right to hire, terminate, and discipline the covered employees subject to the terms of any collective bargaining agreements which may exist.

(4) The responsibility to obtain workers’ compensation coverage for covered employees, from a carrier licensed to do business in this state and otherwise in compliance with all applicable requirements, shall be specifically allocated to either the client or the professional employer organization in the professional employer agreement.

(b) A professional employer organization shall provide written notice to each covered employee affected by any such professional employer agreement of the general nature of the co-employment relationship between and among the professional employer organization, the client, and the covered employee.

(c)(1) Except as specifically provided in this chapter or in the professional employer agreement, the client shall be entitled to exercise all rights, and shall be obligated to perform all duties and responsibilities otherwise applicable to an employer in an employment relationship.

(2) Unless otherwise expressly agreed by the professional employer organization and the client in a professional employer agreement, the client retains the exclusive right to direct and control the covered employees as is necessary to conduct the business of the client, to discharge the fiduciary responsibilities of the client, or to comply with any licensure requirements applicable to client or to the covered employees.

(3) Except to the extent otherwise expressly provided by the applicable professional employer agreement, a client shall be solely responsible for the quality, adequacy, or safety of the goods or services produced or sold in a client’s business.

(4) A client shall be solely responsible for directing, supervising, training, and controlling the work of the covered employees with respect to the business activities of the client and shall be solely responsible for the acts, errors, or omissions of the covered employees with regard to those activities.

(5) A client shall not be liable for the acts, errors, or omissions of a professional employer organization or of any covered employee of the client and a professional employer organization when the covered employee is acting under the express direction and control of the professional employer organization.

(d) Neither a professional employer agreement nor this chapter may be construed to diminish, abolish, or remove rights of covered employees as to clients or obligations of the client as to a covered employee existing prior to the effective date of a professional employer agreement.

(e) A covered employee is not, solely as the result of being a covered employee of a professional employer organization, an employee of the professional employer organization for purposes of general liability insurance, employment practices liability insurance, fidelity bonds, surety bonds, employer’s liability which is not covered by workers’ compensation, or liquor liability insurance carried by the professional employer organization unless the covered employees are included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract, or bond.

(f)(1) A professional employer organization shall be entitled to exercise only those rights and obligated to perform only those duties and responsibilities specifically required by this chapter and/or set forth in the professional employer agreement.

(2) A professional employer organization shall be deemed an employer of its worksite employees and perform the responsibilities designated in the professional employer organization arrangement and this chapter. A professional employer organization may not be liable for the acts, errors, or omissions of a client, or of any covered employee of the client and a professional employer organization when the covered employee is acting under the express direction and control of the client.

(3) A client and a professional employer organization shall each be deemed an employer for purposes of sponsoring retirement and welfare benefit plans for their covered employees, however, in no case shall a health care benefit plan be deemed to be jointly sponsored by both the client and the professional employer organization. The professional employer agreement shall identify whether the client or the professional employer organization is the sponsor of any given health care benefit plan.

a. Any single employer health care plan sponsored by a professional employer organization that is required under the federal Employee Retirement Income Security Act “ERISA” to be governed exclusively by federal law shall not be subject to this chapter.

b. Any health care plan sponsored by the professional employer organization that is not required under the federal Employee Retirement Income Security Act “ERISA” to be governed exclusively by federal law shall be governed by the laws of the State of Alabama.

(4) A professional employer organization shall pay wages and collect, report, and pay employment related taxes and report and pay unemployment taxes for covered employees to the extent that the client employer has funded those obligations.

(5)a. For purposes of unemployment compensation, covered employees of a professional employer organization are considered the employees of the professional employer organization, which shall be responsible for the payment of contributions, penalties, and interest on wages paid by the professional employer organization to its covered employees during the term of the applicable professional employer agreement.

b. The professional employer organization shall report by client and pay all required contributions to the Unemployment Compensation Trust Fund using the state employer account number and the contribution rate of the professional employer organization.

c. On the termination of a contract between a professional employer organization and a client or the failure by a professional employer organization to submit reports or make tax payments as required by this chapter, the client shall be treated as a new employer without a previous experience record unless that client is otherwise eligible for an experience rating.

(6)a. A professional employer organization shall assure to the satisfaction of the secretary that workers’ compensation coverage is provided for all covered employees employed in this state pursuant to the laws of this state. Failure to provide the secretary with proof of workers’ compensation coverage shall subject the professional employer organization to a civil penalty of one thousand dollars ($1,000). In the event individual coverage is obtained for each client employer, failure to provide proof of coverage for each client employer shall constitute a separate finable offense.

b. If the responsibility to obtain workers’ compensation coverage for covered employees is allocated in the professional employer agreement to the professional employer organization, the agreement shall require that the professional employer organization maintain and provide to each client, at the termination of the agreement if requested by the client, records regarding the loss experience related to workers’ compensation insurance provided to covered employees pursuant to the agreement.

c. Each professional employer organization shall within 30 days notify the secretary and the workers’ compensation insurance carrier, if applicable, of the initiation of a new client or the termination of the professional employer organization’s relationship with any client for which the professional employer organization provides services for covered employees within this state.

d. Each professional employer organization shall further notify the secretary and its clients within 10 days of any notice of cancellation of workers’ compensation coverage. Failure to provide notices shall subject the registrant to an administrative penalty of one hundred dollars ($100) per day for each day past the required notice.

e. Both the client and the professional employer organization shall be considered the employer for the purpose of workers’ compensation coverage, and shall each be entitled to protection of the exclusive remedy provision of the workers’ compensation laws of this state.

(7)a. The sale and provision of professional employer services in conformance with this chapter shall not constitute the sale of insurance. However, the following activities shall not be considered the sale or provision of professional employer services: (i) Exclusively providing, selling, or administering workers’ compensation and/or health insurance plans to one or more clients; (ii) soliciting prospective clients based solely or primarily on representations of insurance coverage or cost advantages; or (iii) offering for sale or selling a policy of insurance to a client or employee. No professional employer organization shall function or hold itself out as an insurer or insurance producer unless appropriately licensed by this state. The Alabama Department of Insurance shall have exclusive control of determining what defines the sale of insurance.

b. A self-insured professional employer organization may not extend the use of its self-insurance certificate to any other person, firm, or corporation not specifically authorized by such certificate.

","history":"(Act 2006-229, p. 397, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25130,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24709,"codeId":31794,"versionId":26954,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-10","shortTitle":"Section 25-14-10","catchLine":"Professional Employer Organization Registration Administrative Trust Fund.","title":"Section 25-14-10 Professional Employer Organization Registration Administrative Trust Fund.","sectionRange":null,"content":"

(a) There is established in the State Treasury a fund entitled the Professional Employer Organization Registration Administrative Trust Fund. Fees and assessments provided by this chapter collected by the department shall be deposited in the fund. The fund shall constitute a separate fund to be disbursed by the state Comptroller on order of the secretary. All expenses incurred by the department under this chapter, including the salaries of all employees, travel costs, and any other cost of administration and enforcement as may become necessary, either within or without the state, shall be paid from the separate fund in the State Treasury upon warrants of the state Comptroller drawn upon the State Treasury from time to time when vouchers therefor are approved by the secretary. The State Treasurer shall pay monies from the separate fund upon the order of the secretary. The total expense for every purpose incurred may not exceed the total fees and assessments collected and paid into the fund. All monies remaining unexpended in the separate fund at the end of the fiscal year shall remain in the State Treasury to be expended as provided by this chapter.

(b) The State Treasurer shall determine if the money in the trust fund shall be kept in cash or invested. The monies in the fund may be invested by the State Treasurer and all monies and interest remaining unexpended in the separate fund provided at the end of the fiscal year shall remain in the State Treasury to be expended as provided by this chapter.

(c) The secretary is designated as trustee of the fund and the State Treasurer is designated as custodian of the fund, and both shall furnish bonds in amounts deemed appropriate. The cost of bonds for the trustee, custodian, and other employees or officials required to post bond in connection with the program shall be paid out of the fund.

(d) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this chapter. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4, commencing with Section 41-4-80 of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.

","history":"(Act 2006-229, p. 397, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25131,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24710,"codeId":31795,"versionId":26955,"parentId":31784,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-14-11","shortTitle":"Section 25-14-11","catchLine":"Promulgation of Rules.","title":"Section 25-14-11 Promulgation of Rules.","sectionRange":null,"content":"

(a) The department shall adopt rules necessary for the administration of this chapter in compliance with the Administrative Procedure Act.

(b) All registrants are governed and controlled by this chapter and the rules adopted by the department.

(c) The secretary shall adopt all rules in accordance with the intent and spirit of this chapter.

","history":"(Act 2006-229, p. 397, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25132,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24711,"codeId":58813,"versionId":null,"parentId":25,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"15","shortTitle":"Chapter 15","catchLine":"Alabama Workforce Board","title":"Chapter 15 Alabama Workforce Board","sectionRange":"§25-15-1 to §25-15-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25133,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24712,"codeId":58814,"versionId":50826,"parentId":58813,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-15-1","shortTitle":"Section 25-15-1","catchLine":"Alabama Workforce Board; Creation; Purpose.","title":"Section 25-15-1 Alabama Workforce Board; Creation; Purpose.","sectionRange":null,"content":"

(a) The Governor shall establish the Alabama Workforce Board as the State Workforce Development Board for purposes of Section 101 of the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), 29 U.S.C. § 3111, as amended, and to carry out its purposes pursuant to state law; provided, that in the event of a conflict between state law and WIOA, WIOA shall prevail.

(b) It is the intent of the Legislature that all state and local entities that receive state-appropriated funding and are engaged in workforce development activities will fully participate in and cooperate with the activities and recommendations of the board, but the board shall not directly exercise governing control of state and local agencies, departments, educational institutions, boards, commissions, and other workforce development entities except as otherwise prescribed by federal law or regulation.

(c) For purposes of this chapter, “WIOA” means the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), as amended.

","history":"(Act 2024-115, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25134,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24713,"codeId":58815,"versionId":50827,"parentId":58813,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-15-2","shortTitle":"Section 25-15-2","catchLine":"Duties of the Board.","title":"Section 25-15-2 Duties of the Board.","sectionRange":null,"content":"

The duties of the Alabama Workforce Board include:

(1) Advising and supporting the Governor, Legislature, and state agencies concerning the administration, development, and continual improvement of the state’s workforce development system consistent with the Strategic Workforce Plan, WIOA, and other federal workforce development programs.

(2) Assisting the Governor in performing the functions set forth in 20 C.F.R. § 679.130 and as contemplated by any other WIOA provision or regulation.

(3) Coordinating the federal WIOA funding component of the state’s workforce development programs.

(4) Developing accountability metrics for state and federal workforce programs, in addition to the metrics already prescribed by law.

(5) Supporting the efforts of the Secretary of Workforce, who shall serve as the principal point of contact for state agencies and departments, public officials, businesses, and the public with respect to all aspects of the state’s workforce development activities.

(6) Consulting with officials, leaders, and experts in workforce development including, but not limited to, federal, state, and local agencies, departments, educational institutions, boards, commissions, the private sector, and other leaders and experts.

","history":"(Act 2024-115, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25135,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24715,"codeId":58817,"versionId":50829,"parentId":58813,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-15-4","shortTitle":"Section 25-15-4","catchLine":"Board Meetings; Committees.","title":"Section 25-15-4 Board Meetings; Committees.","sectionRange":null,"content":"

(a) The Alabama Workforce Board shall meet at least four times per year but may meet more frequently at the call of the chair or the Governor.

(b) Meetings of the board and any committee established pursuant to this section shall be conducted pursuant to the Open Meetings Act.

(c) The Governor, or the chair with the consent of the Governor, may establish and dissolve standing and ad hoc committees. The Governor, or the chair with the consent of the Governor, shall appoint the chair and members of all standing and ad hoc committees.

","history":"(Act 2024-115, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25137,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24717,"codeId":58819,"versionId":50831,"parentId":58813,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-15-6","shortTitle":"Section 25-15-6","catchLine":"Strategic Workforce Plan; Workforce Innovation and Opportunity Act State Plan.","title":"Section 25-15-6 Strategic Workforce Plan; Workforce Innovation and Opportunity Act State Plan.","sectionRange":null,"content":"

(a) It is the intent of the Legislature that a single, unified Strategic Workforce Plan should guide state and federal workforce development policies and budget priorities that are administered by the State. The Strategic Workforce Plan shall be prepared by the executive committee, with support from the Secretary of Workforce, and published by the Department.

(b) The Secretary of Workforce shall submit the Strategic Workforce Plan to the Governor and the Legislature on or before February 1 of the first year of each legislative quadrennium. The four-year Strategic Workforce Plan shall include, among other things, statewide labor market projections for the quadrennium and recommendations for meeting labor market demand. The plan should also include recommendations for expenditure of state and federal funds for workforce development activities; analyze previous expenditures for workforce development activities and programs; make recommendations for sunsetting existing programs and developing new programs; and provide recommendations for performance and accountability metrics for all state and federal workforce programs.

(c) The plan may be updated through an annual addendum, which shall be submitted to the Governor on or before November 1 of each year. The annual addendum to the four-year Strategic Workforce Plan should include recommendations for the next fiscal year, including the expenditure of state and federal funds for workforce development activities, and should make recommendations for sunsetting existing programs and developing new programs.

(d) The board shall assist the Governor and the Secretary of Workforce in preparing the WIOA State plan, as required by federal law. The WIOA State Plan shall demonstrate that the membership of the Alabama Workforce Board satisfies the WIOA state workforce development board membership requirements, including the requirements set forth in 20 C.F.R. § 679.110(b). The executive committee may approve the WIOA State Plan. The WIOA State Plan shall be included as an addendum to the four-year Strategic Workforce Plan.

(e) When submitting a budget pursuant to Section 41-4-82, the Governor shall certify that he or she has reviewed and considered the WIOA State Plan, the Strategic Workforce Plan, and the annual addendum to the Strategic Workforce Plan as approved by the executive committee.

","history":"(Act 2024-115, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25139,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24718,"codeId":58820,"versionId":50832,"parentId":58813,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-15-7","shortTitle":"Section 25-15-7","catchLine":"Regional Workforce Boards; Establishment; Duties; Meetings; Objectives. (Amended by Act 2026-538)","title":"Section 25-15-7 Regional Workforce Boards; Establishment; Duties; Meetings; Objectives. (Amended by Act 2026-538)","sectionRange":null,"content":"

AMENDED BY ACT 2026-538, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) At the direction of the Governor, the Secretary of Workforce shall establish seven regional workforce boards to serve as Alabama’s local workforce development boards for purposes of Section 107 of the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), as amended, 29 U.S.C. § 3122. The Department of Workforce shall establish bylaws governing the membership and activities of the regional workforce boards in compliance with WIOA. The local workforce development boards shall be certified by the Governor pursuant to 29 U.S.C. § 3122(a).

(b) The Secretary of Workforce shall establish geographic boundaries of the regional workforce boards and criteria for the appointment of members to the regional workforce boards consistent with WIOA, including 29 U.S.C. § 3122 and 20 C.F.R. § 679.110. One such criterion shall be a duty for an appointing official to consult with the Secretary of Workforce before making an appointment to a regional workforce board.

(c) The Department of Workforce may adopt rules pursuant to the Alabama Administrative Procedure Act to carry out this section.

(d) A regional workforce board shall perform the functions set forth in WIOA, including each of the following:

(1) Develop a local plan as provided in WIOA, consistent with the WIOA State Plan and the Strategic Workforce Plan.

(2) Publish, for core and partner agency and public use, workforce research and regional labor market analysis using primary state labor market information provided by the department.

(3) Convene local workforce development system stakeholders to assist in the development of the local plan.

(4) Lead local efforts to engage with a diverse range of employers.

(5) Lead local efforts to develop and implement career pathways.

(6) Lead local efforts to identify and promote promising workforce development strategies.

(7) Lead local efforts to integrate data and technology systems.

(e) A regional workforce board shall submit an annual budget request to the Secretary of Workforce and the executive committee that is consistent with the Strategic Workforce Plan. A regional workforce board’s annual budget submission shall demonstrate that the membership of the board satisfies the relevant WIOA state workforce development board membership requirements, including the requirements set forth in 29 U.S.C. § 3122 and 20 C.F.R. § 679.320. The membership of any regional workforce board may not exceed twenty members. A regional workforce development board may not expend state or federal workforce development funds except pursuant to a categorical annual budget approved by the Secretary of Workforce.

","history":"(Act 2024-115, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25140,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24719,"codeId":58821,"versionId":50833,"parentId":58813,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"25-15-8","shortTitle":"Section 25-15-8","catchLine":"Reimbursement for Expenses.","title":"Section 25-15-8 Reimbursement for Expenses.","sectionRange":null,"content":"The members of the Alabama Workforce Board, including members of the executive committee, and members of the regional workforce boards shall not receive a salary or per diem allowance but may receive reimbursement for reasonable expenses incurred in the performance of the duties of the office at the same rate allowed state employees.","history":"(Act 2024-115, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25141,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24720,"codeId":26,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"26","shortTitle":"Title 26","catchLine":"Infants and Incompetents.","title":"Title 26 Infants and Incompetents.","sectionRange":null,"content":null,"history":null,"numChildren":45,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25160,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24721,"codeId":4227,"versionId":null,"parentId":26,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"General Provisions.","title":"Chapter 1 General Provisions.","sectionRange":"§26-1-1 to §26-1-6","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25161,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24722,"codeId":4228,"versionId":43591,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-1","shortTitle":"Section 26-1-1","catchLine":"Age of Majority Designated as 19 Years.","title":"Section 26-1-1 Age of Majority Designated as 19 Years.","sectionRange":null,"content":"

(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.

(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.

(c) All laws or parts of laws which read “under the age of 21 years” hereafter shall read “under the age of 19 years.” Wherever the words “under the age of 21 years” appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.

(d) Notwithstanding subsection (c), nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15.

(e) Notwithstanding subsection (a), or any other provision of law to the contrary, a person who is 18 years of age or older may consent to participate in research conducted by a college or university that is accredited by a federally recognized accrediting agency if the research has been approved by the Institutional Review Board of the institution.

(f) Notwithstanding subsection (a), an unemancipated minor who is 18 years old and of sound mind, notwithstanding his or her minority, may enter into a binding contract as may be exercised by an individual of full legal age. The minor, by reason of his or her minority, may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract.

","history":"(Acts 1975, No. 77; Act 2012-415, p. 1127, §1; Act 2015-167, §1; Act 2019-447, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25162,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24723,"codeId":4236,"versionId":33601,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-2","shortTitle":"Section 26-1-2","catchLine":"Durable Power of Attorney; Appointment by Court of Guardian, Etc., Subsequent to Execution of Durable Power of Attorney; Effect of Death of Principal Upon Agency Relationship; Affidavit by Person Exercising Power of Attorney as to Lack of Knowledge of Revocation, Etc.; Health Care Power of Attorney.","title":"Section 26-1-2 Durable Power of Attorney; Appointment by Court of Guardian, Etc., Subsequent to Execution of Durable Power of Attorney; Effect of Death of Principal Upon Agency Relationship; Affidavit by Person Exercising Power of Attorney as to Lack of Knowledge of Revocation, Etc.; Health Care Power of Attorney.","sectionRange":null,"content":"

(a) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal” or “This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incompetency, or incapacity.

(b) All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability, incompetency, or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his or her successors in interest as if the principal was competent, not disabled, and not incapacitated.

(c)(1) If, following execution of a durable power of attorney, a court of the domicile of the principal appoints a guardian, curator, or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.

(2) A principal may nominate, by a durable power of attorney, the guardian, curator, or other fiduciary for consideration by the court if proceedings to appoint a fiduciary for the principal are thereafter commenced. The court shall make its appointment in accordance with the most recent nomination of the principal in a durable power of attorney except for good cause or disqualification.

(d)(1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the successors in interest of the principal.

(2) The disability, incompetency, or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the disability, incompetency, or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his or her successors in interest.

(e) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he or she did not have, at the time of the exercise of the power, actual knowledge of the termination of the power by revocation or of the death, disability, incompetency, or incapacity of the principal is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit, when authenticated for record, is likewise recordable.

(f) This section shall not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity.

(g)(1) A principal may designate under a durable power of attorney an individual who shall be empowered to make health care decisions on behalf of the principal, in the manner set forth in the Natural Death Act, if in the opinion of the principal’s attending physician the principal is no longer able to give directions to health care providers. Subject to the express limitation on the authority of the attorney in fact contained in the durable power of attorney, the attorney in fact may make any health care decision on behalf of the principal that the principal could make but for the lack of capacity of the principal to make a decision, but not including psychosurgery, sterilization, abortion when not necessary to preserve the life of the principal, or involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power of attorney executed pursuant to this section may be revoked by written revocation signed and dated by the principal or person acting at the direction of the principal, or being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel or by a verbal expression of intent to revoke made in the presence of a witness 19 years of age or older who signs and dates a writing confirming an expression to revoke.

(2) Notwithstanding anything in this section to the contrary, an attorney in fact shall have the authority to make decisions regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration but only a. if specifically authorized to do so in the durable power of attorney, b. if the substantive provisions of the durable power of attorney are in substantial compliance and if the durable power of attorney is executed and accepted in substantially the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal illness or injury or permanent unconsciousness, if the authority is implemented in the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding the provisions of this subsection. The decisions made by the attorney in fact shall be implemented in accordance with the same procedures set forth in the Alabama Natural Death Act for health care proxies.

(3) Any authority granted to the spouse under a durable power of attorney shall be revoked if the marriage of the principal is dissolved or annulled, or if the parties are legally separated or a party to divorce proceedings.

(4) Subject to any limitation in the durable power of attorney, an attorney in fact may, for the purpose of making a health care decision, request, review, and receive any information, oral or written, regarding the principal’s physical or mental health, including medical and hospital records, execute a release or other document required to obtain the information, and consent to the disclosure of the information.

(5) Under no circumstances shall the health care provider of the principal or a nonrelative employee of the health care provider of the principal make decisions under the durable power of attorney. For purposes of this subsection, a health care provider is defined as any person or entity who is licensed, certified, registered, or otherwise authorized by the laws of this state to administer or provide health care in the ordinary course of business or in the practice of a profession.

(6) No health care provider or any employee or agent thereof who in good faith and pursuant to reasonable medical standards follows the direction of a duly authorized attorney in fact shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct for an action taken thereunder. Any health care cost or liability for the cost associated with any decision made pursuant to this section shall be the same as if the health care were provided as a result of the principal’s decision relating to his or her own care.

(7) Any person who, without the consent of the principal, willfully conceals, cancels, or alters a durable power of attorney or any amendment or revocation of the agency or who falsifies or forges a durable power of attorney, amendment, or revocation for purposes of making health care decisions shall be civilly liable. In addition, those persons shall be subject to the criminal penalties set forth in the Alabama Natural Death Act.

(8) Any individual acting as an attorney in fact under a duly executed durable power of attorney, which includes provisions which comply with subdivision (2) regarding health care decisions who authorizes the providing, withholding, or withdrawing of life-sustaining treatments or artificially provided nutrition or hydration in accordance with the durable power of attorney and pursuant to this subsection shall not be subject to criminal prosecution or civil liability for that action.

(9) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede any legal right or legal responsibility which any person may have, under case law, common law, or statutory law to effect the provision, withholding, or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration in any lawful manner. In such respect, the provisions of this subsection are cumulative.

(10) No physician or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability or life or health insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation, or mutual nonprofit hospital or hospital service corporation shall require any person to execute a durable power of attorney with respect to health care decisions as a condition for being insured for, or receiving, health care services.

(11) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede the jurisdiction of the circuit court in the county where a patient is undergoing treatment to determine whether life-sustaining treatment or artificially provided nutrition and hydration shall be withheld or withdrawn in circumstances not governed by this subsection.

(12) This subsection shall create no presumption concerning the intention of an individual, who has not executed a durable power of attorney regarding health care decisions, or any other advance directive for health care, or if the durable power of attorney, or advance directive for health care is executed, the durable power of attorney or advance directive for health care is ambiguous or silent as to a particular health care matter, to consent to the use or withdrawing or withholding of life-sustaining treatment or artificially provided nutrition and hydration. The terms “person” and “advance directive for health care” shall have the meaning as under Sections 22-8A-1, et seq.

(13) A durable power of attorney executed in another state in compliance with the law of that state or of this state is valid for purposes of this subsection, but this subsection does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.

(14) Any durable power of attorney regarding health care decisions made prior to May 8, 1997, shall be given effect provided that the durable power of attorney was legally effective when written and artificially provided nutrition and hydration shall not be withdrawn pursuant to the durable power of attorney unless specifically authorized herein.

(h) This provision applies to all powers executed prior to January 1, 2012.

","history":"(Acts 1981, No. 81-98, p. 117; Acts 1997, No. 97-360, p. 588, §1; Act 2011-683, p. 2015, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25163,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24724,"codeId":4243,"versionId":3367,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-2.1","shortTitle":"Section 26-1-2.1","catchLine":"Gifts by Power of Attorney.","title":"Section 26-1-2.1 Gifts by Power of Attorney.","sectionRange":null,"content":"

(a) If any power of attorney or other writing either authorizes an attorney in fact or other agent to do, execute, or perform any act that the principal might or could do, or evidences the principal’s intent to give the attorney in fact or agent full power to handle the principal’s affairs or deal with the principal’s property, the attorney in fact or agent shall have the power and authority to make gifts of any of the principal’s property to any individuals, including the attorney in fact or agent, within the limits of the annual exclusion as provided by Section 2503(b) of Title 26 of the United States Code, and taking into account the availability of Section 2513 of Title 26 of the United States Code, as the same may from time to time be amended, or to organizations described in Sections 170(c) and 2522(a) of Title 26 of the United States Code, or corresponding future provisions of federal tax law, or both, as the attorney in fact or agent shall determine: (1) to be in the principal’s best interest; (2) to be in the best interest of the principal’s estate; or (3) that will reduce the estate tax payable on the principal’s death; and is in accordance with the principal’s personal history of making or joining in the making of lifetime gifts.

(b) Subsection (a) shall not in any way impair the right or power of any principal, by express words in the power of attorney or other writing, to further authorize, expand, or limit the authority of any attorney in fact or other agent to make gifts of the principal’s property.

(c) This section is declaratory of Section 26-1-2 and shall not be construed to nullify any actions taken by any attorney in fact prior to May 6, 1994.

","history":"(Acts 1994, 1st Ex. Sess., No. 94-802, p. 108, §§1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25164,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24725,"codeId":4248,"versionId":3372,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-3","shortTitle":"Section 26-1-3","catchLine":"Blood Donations by Persons 17 or Older.","title":"Section 26-1-3 Blood Donations by Persons 17 or Older.","sectionRange":null,"content":"

REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-51 EFFECTIVE JULY 1, 2015.

","history":"(Acts 1984, 1st Ex. Sess., No. 84-763, p. 134.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25165,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24726,"codeId":33338,"versionId":38032,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-3.1","shortTitle":"Section 26-1-3.1","catchLine":"Blood Donations by Persons 17 or Older; Blood Donations by Persons 16 Years of Age; Blood or Plasma Donations by Persons 18 or Older.","title":"Section 26-1-3.1 Blood Donations by Persons 17 or Older; Blood Donations by Persons 16 Years of Age; Blood or Plasma Donations by Persons 18 or Older.","sectionRange":null,"content":"

(a) A person who is 17 years of age or older may consent to donate blood in a voluntary and noncompensatory blood donation program without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.

(b) A person who is 16 years of age may donate blood in a voluntary and noncompensatory blood donation program if the person obtains written permission from the person’s parent or guardian.

(c) A person 18 years of age or older may consent to donate blood or plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.

","history":"(Act 2007-395, p. 789, §1; Act 2015-51, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25166,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24727,"codeId":4254,"versionId":3378,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-4","shortTitle":"Section 26-1-4","catchLine":"Alabama State Law Enforcement Agency to Provide Criminal Conviction Information on Applicants for Positions Involving Child Care and Treatment; Such Information to Be Confidential; Applicant to Be Denied Status If Has Felony Conviction; Children May Be Removed from Home.","title":"Section 26-1-4 Alabama State Law Enforcement Agency to Provide Criminal Conviction Information on Applicants for Positions Involving Child Care and Treatment; Such Information to Be Confidential; Applicant to Be Denied Status If Has Felony Conviction; Children May Be Removed from Home.","sectionRange":null,"content":"

(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama State Law Enforcement Agency, by the Department of Human Resources, or by any other youth service agency approved by the department, such center shall provide information to the department or an approved agency concerning the felony criminal conviction record in this or another state of an applicant for a paid or voluntary position, including one established by contract, whose primary duty is the care or treatment of children, including applicants for adoption or foster parents. All information, including any criminal conviction record, procured by the department or an approved agency shall be confidential and shall not be further disclosed by such agencies or their representatives. The applicant may be denied an adoptive or foster parent status if he or she has a felony conviction, and if a foster parent is subsequently convicted of a felony the child or children may be removed from that home and relocated with another foster parent. This determination shall be made by the court handling the matter, giving primary consideration to the best interests of the child.

(b) The Alabama State Law Enforcement Agency shall provide appropriate forms and shall create a procedure for the application for such information.

(c) Any violation of the provisions of this section relative to the confidentiality of information received by the department or other approved agency shall be punishable by a fine of not more than $1,000.00.

","history":"(Acts 1985, No. 85-537, p. 651.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25167,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24728,"codeId":4260,"versionId":43414,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-5","shortTitle":"Section 26-1-5","catchLine":"Age of Majority for Purposes of Contracting with Banks, Credit Unions, Etc., for Certain Loans or Accounts; Requirements for Members of Armed Forces.","title":"Section 26-1-5 Age of Majority for Purposes of Contracting with Banks, Credit Unions, Etc., for Certain Loans or Accounts; Requirements for Members of Armed Forces.","sectionRange":null,"content":"

(a) Notwithstanding Section 26-1-1, the age of majority for the purposes of contracting for educational loans for college level education and above, within the State of Alabama, shall be 17 years of age.

(b) Notwithstanding Section 26-1-1, for purposes of contracting with a bank, credit union, or similar savings and loan institution, including obtaining a loan or opening a checking or savings account, a member of any branch of the Armed Forces of the United States shall be deemed to have attained the age of majority and shall be relieved of his or her disabilities of minority for that purpose, and he or she may continue to be deemed to have reached the age of majority even if he or she shall subsequently no longer be a member of the Armed Forces of the United States. A member of the Armed Forces of the United States who contracts with a bank, credit union, or similar savings and loan institution may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract solely on the basis of the member’s age, even if he or she subsequently is no longer a member of the Armed Forces of the United States. A member of the Armed Forces of the United States seeking to contract with a bank, credit union, or similar savings or loan institution pursuant to this subsection may be required to verify his or her membership in the Armed Forces of the United States by presenting in person a valid United States Uniformed Services Privileges and Identification Card.

","history":"(Acts 1987, No. 87-801, p. 1574; Act 2019-222, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25168,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24729,"codeId":58742,"versionId":50707,"parentId":4227,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1-6","shortTitle":"Section 26-1-6","catchLine":"Parental Rights.","title":"Section 26-1-6 Parental Rights.","sectionRange":null,"content":"

(a) The Legislature finds and declares both of the following:

(1) The Alabama Supreme Court and United States Supreme Court have recognized that parents have a fundamental right to direct the upbringing of their children.

(2) The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care, and control of their children.

(b) The government may not burden the fundamental right of parents to direct the education, upbringing, care, and control of their child unless the government demonstrates that the application of the burden is narrowly tailored to a compelling state interest and the government uses the least restrictive means possible to further that interest.

(c) This section may not be construed as authorizing or allowing a parent to engage in child abuse or neglect.

(d) This section shall only be construed as applying to disputes between parents and the government or third parties and does not modify the law as to disputes between parents.

","history":"(Act 2023-555, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25169,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24730,"codeId":41683,"versionId":null,"parentId":26,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1A","shortTitle":"Chapter 1A","catchLine":"Alabama Uniform Power of Attorney Act.","title":"Chapter 1A Alabama Uniform Power of Attorney Act.","sectionRange":"§26-1A-101 to §26-1A-404","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25170,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24731,"codeId":41685,"versionId":null,"parentId":41683,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§26-1A-101 to §26-1A-123","content":null,"history":null,"numChildren":23,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25171,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24732,"codeId":41684,"versionId":33956,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-101","shortTitle":"Section 26-1A-101","catchLine":"Short Title.","title":"Section 26-1A-101 Short Title.","sectionRange":null,"content":"

This chapter may be cited as the Alabama Uniform Power of Attorney Act.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25172,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24733,"codeId":41686,"versionId":33957,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-102","shortTitle":"Section 26-1A-102","catchLine":"Definitions.","title":"Section 26-1A-102 Definitions.","sectionRange":null,"content":"

In this chapter:

(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent, and a person to which an agent’s authority is delegated.

(2) “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.

(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(4) “Good faith” means honesty in fact.

(5) “Incapacity” means inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

(B) is:

(i) missing;

(ii) detained, including incarcerated in a penal system; or

(iii) outside the United States and unable to return.

(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(7) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(8) “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.

(9) “Principal” means an individual who grants authority to an agent in a power of attorney.

(10) “Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.

(11) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(12) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic sound, symbol, or process.

(13) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(14) “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25173,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24734,"codeId":41687,"versionId":33958,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-103","shortTitle":"Section 26-1A-103","catchLine":"Applicability.","title":"Section 26-1A-103 Applicability.","sectionRange":null,"content":"

(a) This chapter applies to all powers of attorney, executed on or after January 1, 2012, except:

(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

(2) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and

(3) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.

(b) A power to make health care decisions executed on or after January 1, 2012, is governed by Section 26-1A-404. Nothing in this chapter shall affect any action taken under the Natural Death Act, Chapter 8A of Title 22.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25174,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24735,"codeId":41688,"versionId":33959,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-104","shortTitle":"Section 26-1A-104","catchLine":"Power of Attorney Is Durable.","title":"Section 26-1A-104 Power of Attorney Is Durable.","sectionRange":null,"content":"

A power of attorney to which this chapter applies is durable, unless it expressly provides that it is terminated by the incapacity of the principal.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25175,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24736,"codeId":41689,"versionId":33960,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-105","shortTitle":"Section 26-1A-105","catchLine":"Execution of Power of Attorney.","title":"Section 26-1A-105 Execution of Power of Attorney.","sectionRange":null,"content":"

A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25176,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24737,"codeId":41690,"versionId":33961,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-106","shortTitle":"Section 26-1A-106","catchLine":"Validity of Power of Attorney.","title":"Section 26-1A-106 Validity of Power of Attorney.","sectionRange":null,"content":"

(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with Section 26-1A-105.

(b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.

(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:

(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 26-1A-107;

(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended; or

(3) Alabama law.

(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25177,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24738,"codeId":41691,"versionId":33962,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-107","shortTitle":"Section 26-1A-107","catchLine":"Meaning and Effect of Power of Attorney.","title":"Section 26-1A-107 Meaning and Effect of Power of Attorney.","sectionRange":null,"content":"

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25178,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24739,"codeId":41692,"versionId":33963,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-108","shortTitle":"Section 26-1A-108","catchLine":"Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary.","title":"Section 26-1A-108 Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary.","sectionRange":null,"content":"

(a) In a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court, if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.

(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. In such event, the fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25179,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24740,"codeId":41693,"versionId":33964,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-109","shortTitle":"Section 26-1A-109","catchLine":"When Power of Attorney Effective.","title":"Section 26-1A-109 When Power of Attorney Effective.","sectionRange":null,"content":"

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(c) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:

(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of Section 26-1A-102(5)(A); or

(2) an attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of Section 26-1A-102(5)(B).

(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, to obtain access to the principal’s health care information and communicate with the principal’s health care provider.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25180,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24741,"codeId":41694,"versionId":33965,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-110","shortTitle":"Section 26-1A-110","catchLine":"Termination of Power of Attorney or Agent’s Authority.","title":"Section 26-1A-110 Termination of Power of Attorney or Agent’s Authority.","sectionRange":null,"content":"

(a) A power of attorney terminates when:

(1) the principal dies;

(2) the principal becomes incapacitated, if the power of attorney is not durable;

(3) the principal revokes the power of attorney;

(4) the power of attorney provides that it terminates;

(5) the purpose of the power of attorney is accomplished;

(6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney; or

(7) revoked by a fiduciary appointed by a court.

(b) An agent’s authority terminates when:

(1) the principal revokes the authority;

(2) the agent dies, becomes incapacitated, or resigns;

(3) an action is filed for the divorce or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or

(4) the power of attorney terminates.

(c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.

(d) Termination of an agent’s authority or of a power of attorney is not effective as to the agent that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25181,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24742,"codeId":41695,"versionId":33966,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-111","shortTitle":"Section 26-1A-111","catchLine":"Co-Agents and Successor Agents.","title":"Section 26-1A-111 Co-Agents and Successor Agents.","sectionRange":null,"content":"

(a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.

(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:

(1) has the same authority as that granted to the original agent; and

(2) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.

(c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

(d) An agent that has accepted appointment and has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25182,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24743,"codeId":41696,"versionId":33967,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-112","shortTitle":"Section 26-1A-112","catchLine":"Reimbursement and Compensation of Agent.","title":"Section 26-1A-112 Reimbursement and Compensation of Agent.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25183,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24744,"codeId":41697,"versionId":33968,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-113","shortTitle":"Section 26-1A-113","catchLine":"Agent’s Acceptance.","title":"Section 26-1A-113 Agent’s Acceptance.","sectionRange":null,"content":"

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25184,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24745,"codeId":41698,"versionId":33969,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-114","shortTitle":"Section 26-1A-114","catchLine":"Agent’s Duties.","title":"Section 26-1A-114 Agent’s Duties.","sectionRange":null,"content":"

(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:

(1) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest;

(2) act in good faith; and

(3) act only within the scope of authority granted in the power of attorney.

(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

(1) act loyally for the principal’s benefit;

(2) act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;

(3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) cooperate with a person that has authority to make health care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; and

(6) attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:

(A) the value and nature of the principal’s property;

(B) the principal’s foreseeable obligations and need for maintenance;

(C) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and

(D) eligibility for a benefit, a program, or assistance under a statute or regulation.

(c) An agent that acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan.

(d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines.

(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25185,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24746,"codeId":41699,"versionId":33970,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-115","shortTitle":"Section 26-1A-115","catchLine":"Exoneration of Agent.","title":"Section 26-1A-115 Exoneration of Agent.","sectionRange":null,"content":"

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision:

(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25186,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24747,"codeId":41700,"versionId":33971,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-116","shortTitle":"Section 26-1A-116","catchLine":"Judicial Relief.","title":"Section 26-1A-116 Judicial Relief.","sectionRange":null,"content":"

(a) The following persons may petition a court to construe a power of attorney, determine the validity of a power of attorney, or review the agent’s conduct, and grant appropriate relief:

(1) the principal or the agent;

(2) a guardian, conservator, or other fiduciary acting for the principal;

(3) a person authorized to make health care decisions for the principal;

(4) the principal’s spouse, parent, or descendant;

(5) an individual who would qualify as a presumptive heir of the principal;

(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;

(7) a governmental agency having regulatory authority to protect the welfare of the principal;

(8) the principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare;

(9) a person asked to accept the power of attorney; and

(10) any other person who demonstrates a sufficient legal interest in the construction or validity of the power of attorney or the agent’s conduct in connection with the power of attorney, such as to give that person standing.

(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25187,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24748,"codeId":41701,"versionId":33972,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-117","shortTitle":"Section 26-1A-117","catchLine":"Agent’s Liability to the Principal.","title":"Section 26-1A-117 Agent’s Liability to the Principal.","sectionRange":null,"content":"

An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to:

(1) restore the value of the principal’s property to what it would have been had the violation not occurred; and

(2) reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid on the agent’s behalf.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25188,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24749,"codeId":41702,"versionId":33973,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-118","shortTitle":"Section 26-1A-118","catchLine":"Agent’s Resignation; Notice.","title":"Section 26-1A-118 Agent’s Resignation; Notice.","sectionRange":null,"content":"

Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:

(1) to the conservator, or guardian if there is no conservator, if either has been appointed for the principal and a co-agent or successor agent; or

(2) if there is no person described in paragraph (1):

(A) the principal’s caregiver;

(B) another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or

(C) a governmental agency having authority to protect the welfare of the principal.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25189,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24750,"codeId":41703,"versionId":33974,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-119","shortTitle":"Section 26-1A-119","catchLine":"Acceptance of and Reliance Upon Acknowledged Power of Attorney.","title":"Section 26-1A-119 Acceptance of and Reliance Upon Acknowledged Power of Attorney.","sectionRange":null,"content":"

(a) For purposes of this section and Section 26-1A-120, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgments and “reasonable time” shall not be deemed to be less than seven business days.

(b) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 26-1A-105 that the signature is genuine.

(c) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority is fully exonerated from any liability for effecting the transaction in reliance upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent’s authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.

(d) A person that is asked to effect a transaction in reliance upon an acknowledged power of attorney may, but is not required to, request, and rely upon, without further investigation:

(1) an agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(2) an acknowledged or properly authenticated English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(e) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense if the request is made within a reasonable time after a person is requested to effect a transaction in reliance upon the power of attorney.

(f) For purposes of this section and Section 26-1A-120, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee effecting the transaction in reliance upon the power of attorney is without actual knowledge of the fact.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25190,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24751,"codeId":41704,"versionId":33975,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-120","shortTitle":"Section 26-1A-120","catchLine":"Liability for Refusal to Accept Acknowledged Power of Attorney.","title":"Section 26-1A-120 Liability for Refusal to Accept Acknowledged Power of Attorney.","sectionRange":null,"content":"

(a) Except as otherwise provided in subsection (b):

(1) a person shall either effect a requested transaction in reliance upon an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation of the power of attorney and a request to effect the transaction;

(2) if a person requests a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person shall effect the transaction in reliance upon the power of attorney within a reasonable time after receipt of the certification, translation, or opinion of counsel; and

(3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(b) A person is not required to effect a transaction in reliance upon an acknowledged power of attorney:

(1) if the person would not be required to engage in the transaction with the principal if the principal was competent and acting on his or her own behalf;

(2) if the person in good faith believes engaging in the transaction with the agent or the principal in the same circumstances would be inconsistent with law or any rule or regulation of any government or any governmental agency or instrumentality;

(3) if the person has actual knowledge of the fact that the power of attorney is void, invalid, or terminated, that the agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority;

(4) until after a certification, a translation, or an opinion of counsel requested under Section 26-1A-119(d) is provided to such person;

(5) if the person in good faith believes that the power of attorney is void, invalid, or terminated, that the agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority, whether or not a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) has been requested or provided; or

(6) if the person makes, or has actual knowledge that another person has made, a report to the Department of Human Resources stating a belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

(c) A person that refuses in violation of this section to effect a transaction in reliance upon an acknowledged power of attorney is subject to, as its sole liability with respect to such a refusal notwithstanding Section 26-1A-123:

(1) a court order mandating that the person effect such transaction in reliance upon the power of attorney; and

(2) liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates that the person effect such transaction in reliance upon the power of attorney.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25191,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24752,"codeId":41705,"versionId":33976,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-121","shortTitle":"Section 26-1A-121","catchLine":"Principles of Law and Equity.","title":"Section 26-1A-121 Principles of Law and Equity.","sectionRange":null,"content":"

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25192,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24753,"codeId":41706,"versionId":33977,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-122","shortTitle":"Section 26-1A-122","catchLine":"Laws Applicable to Financial Institutions and Entities.","title":"Section 26-1A-122 Laws Applicable to Financial Institutions and Entities.","sectionRange":null,"content":"

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25193,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24754,"codeId":41707,"versionId":33978,"parentId":41685,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-123","shortTitle":"Section 26-1A-123","catchLine":"Remedies Under Other Law.","title":"Section 26-1A-123 Remedies Under Other Law.","sectionRange":null,"content":"

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25194,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24755,"codeId":41708,"versionId":null,"parentId":41683,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Authority.","title":"Article 2 Authority.","sectionRange":"§26-1A-201 to §26-1A-217","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25195,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24756,"codeId":41711,"versionId":33979,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-201","shortTitle":"Section 26-1A-201","catchLine":"Authority That Requires Specific Grant; Grant of General Authority.","title":"Section 26-1A-201 Authority That Requires Specific Grant; Grant of General Authority.","sectionRange":null,"content":"

(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

(1) create, amend, revoke, or terminate an inter vivos trust;

(2) [reserved];

(3) create or change rights of survivorship;

(4) create or change a beneficiary designation;

(5) delegate authority granted under the power of attorney;

(6) waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or

(7) exercise fiduciary powers that the principal has authority to delegate.

(b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise expressly provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.

(c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Sections 26-1A-204 through 26-1A-217, irrespective of whether the power of attorney references any of the transactions described in those sections.

(d) Unless the power of attorney otherwise expressly provides, a grant of authority to make a gift is subject to Section 26-1A-217.

(e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.

(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.

","history":"(Act 2011-683, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25196,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24757,"codeId":41712,"versionId":33980,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-202","shortTitle":"Section 26-1A-202","catchLine":"Incorporation of Authority.","title":"Section 26-1A-202 Incorporation of Authority.","sectionRange":null,"content":"

(a) An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 26-1A-204 through 26-1A-217 or cites the section in which the authority is described.

(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in Sections 26-1A-204 through 26-1A-217 or a citation to a section of Sections 26-1A-204 through 26-1A-217 incorporates the entire section as if it were set out in full in the power of attorney.

(c) A principal may modify authority incorporated by reference.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25197,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24758,"codeId":41713,"versionId":33981,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-203","shortTitle":"Section 26-1A-203","catchLine":"Construction of Authority Generally.","title":"Section 26-1A-203 Construction of Authority Generally.","sectionRange":null,"content":"

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 26-1A-204 through 26-1A-217 or that grants to an agent authority to do all acts that a principal could do pursuant to Section 26-1A-201(c), a principal authorizes the agent, with respect to that subject, to:

(1) demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;

(2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

(3) execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to the power of attorney;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

(5) seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;

(6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

(7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute or regulation;

(8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;

(9) access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and

(10) do any lawful act with respect to the subject and all property related to the subject.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25198,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24759,"codeId":41714,"versionId":33982,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-204","shortTitle":"Section 26-1A-204","catchLine":"Real Property.","title":"Section 26-1A-204 Real Property.","sectionRange":null,"content":"

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:

(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;

(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;

(3) pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;

(5) manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:

(A) insuring against liability or casualty or other loss;

(B) obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;

(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and

(D) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;

(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;

(7) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:

(A) selling or otherwise disposing of them;

(B) exercising or selling an option, right of conversion, or similar right with respect to them; and

(C) exercising any voting rights in person or by proxy;

(8) change the form of title of an interest in or right incident to real property; and

(9) dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25199,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24760,"codeId":41715,"versionId":33983,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-205","shortTitle":"Section 26-1A-205","catchLine":"Tangible Personal Property.","title":"Section 26-1A-205 Tangible Personal Property.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:

(1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;

(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;

(3) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;

(5) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:

(A) insuring against liability or casualty or other loss;

(B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;

(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;

(D) moving the property from place to place;

(E) storing the property for hire or on a gratuitous bailment; and

(F) using and making repairs, alterations, or improvements to the property; and

(6) change the form of title of an interest in tangible personal property.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25200,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24761,"codeId":41716,"versionId":33984,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-206","shortTitle":"Section 26-1A-206","catchLine":"Stocks and Bonds.","title":"Section 26-1A-206 Stocks and Bonds.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:

(1) buy, sell, and exchange stocks and bonds;

(2) establish, continue, modify, or terminate an account with respect to stocks and bonds;

(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;

(4) receive certificates and other evidences of ownership with respect to stocks and bonds; and

(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25201,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24762,"codeId":41717,"versionId":33985,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-207","shortTitle":"Section 26-1A-207","catchLine":"Commodities and Options.","title":"Section 26-1A-207 Commodities and Options.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:

(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and

(2) establish, continue, modify, and terminate option accounts.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25202,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24763,"codeId":41718,"versionId":33986,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-208","shortTitle":"Section 26-1A-208","catchLine":"Banks and Other Financial Institutions.","title":"Section 26-1A-208 Banks and Other Financial Institutions.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:

(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;

(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;

(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;

(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;

(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;

(6) enter a safe deposit box or vault and withdraw or add to the contents;

(7) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;

(9) receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;

(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and

(11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25203,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24764,"codeId":41719,"versionId":33987,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-209","shortTitle":"Section 26-1A-209","catchLine":"Operation of Entity or Business.","title":"Section 26-1A-209 Operation of Entity or Business.","sectionRange":null,"content":"

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:

(1) operate, buy, sell, enlarge, reduce, or terminate an ownership interest;

(2) perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;

(3) enforce the terms of an ownership agreement;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;

(5) exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;

(6) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;

(7) with respect to an entity or business owned solely by the principal:

(A) continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;

(B) determine:

(i) the location of its operation;

(ii) the nature and extent of its business;

(iii) the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;

(iv) the amount and types of insurance carried; and

(v) the mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;

(C) change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

(D) demand and receive money due or claimed by the principal or on the principal’s behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;

(8) put additional capital into an entity or business in which the principal has an interest;

(9) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;

(10) sell or liquidate all or part of an entity or business;

(11) establish the value of an entity or business under a buy-out agreement to which the principal is a party;

(12) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and

(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25204,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24765,"codeId":41720,"versionId":33988,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-210","shortTitle":"Section 26-1A-210","catchLine":"Insurance and Annuities.","title":"Section 26-1A-210 Insurance and Annuities.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:

(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;

(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal’s spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;

(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;

(4) apply for and receive a loan secured by a contract of insurance or annuity;

(5) surrender and receive the cash surrender value on a contract of insurance or annuity;

(6) exercise an election;

(7) exercise investment powers available under a contract of insurance or annuity;

(8) change the manner of paying premiums on a contract of insurance or annuity;

(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;

(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;

(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;

(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and

(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25205,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24766,"codeId":41721,"versionId":33989,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-211","shortTitle":"Section 26-1A-211","catchLine":"Estates, Trusts, and Other Beneficial Interests.","title":"Section 26-1A-211 Estates, Trusts, and Other Beneficial Interests.","sectionRange":null,"content":"

(a) In this section, “estates, trusts, and other beneficial interests” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:

(1) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;

(2) demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of the fund, by litigation or otherwise;

(3) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;

(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;

(6) conserve, invest, disburse, or use anything received for an authorized purpose;

(7) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor; and

(8) reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from the fund.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25206,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24767,"codeId":41722,"versionId":33990,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-212","shortTitle":"Section 26-1A-212","catchLine":"Claims and Litigation.","title":"Section 26-1A-212 Claims and Litigation.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;

(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;

(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;

(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;

(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and

(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25207,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24768,"codeId":41723,"versionId":33991,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-213","shortTitle":"Section 26-1A-213","catchLine":"Personal and Family Maintenance.","title":"Section 26-1A-213 Personal and Family Maintenance.","sectionRange":null,"content":"

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:

(1) perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, and the following individuals, whether living when the power of attorney is executed or later born:

(A) the principal’s children;

(B) other individuals legally entitled to be supported by the principal; and

(C) the individuals whom the principal has customarily supported or indicated the intent to support;

(2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;

(3) provide living quarters for the individuals described in paragraph (1) by:

(A) purchase, lease, or other contract; or

(B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;

(4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1);

(5) pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1);

(6) act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;

(7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1);

(8) maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and

(9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.

(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25208,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24769,"codeId":41724,"versionId":33992,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-214","shortTitle":"Section 26-1A-214","catchLine":"Benefits from Governmental Programs or Civil or Military Service.","title":"Section 26-1A-214 Benefits from Governmental Programs or Civil or Military Service.","sectionRange":null,"content":"

(a) In this section, “benefits from governmental programs or civil or military service” means any benefit, program, or assistance provided under a statute or regulation including, but not limited to, Social Security, Medicare, and Medicaid.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

(1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in Section 26-1A-213(a)(1), and for shipment of their household effects;

(2) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;

(3) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program;

(4) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;

(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and

(6) receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25209,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24770,"codeId":41725,"versionId":33993,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-215","shortTitle":"Section 26-1A-215","catchLine":"Retirement Plans.","title":"Section 26-1A-215 Retirement Plans.","sectionRange":null,"content":"

(a) In this section, “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:

(1) an individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408, as amended;

(2) a Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. Section 408A, as amended;

(3) a deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. Section 408(q), as amended;

(4) an annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. Section 403(b), as amended;

(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. Section 401(a), as amended;

(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b), as amended; and

(7) a non-qualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A, as amended.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:

(1) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;

(3) establish a retirement plan in the principal’s name;

(4) make contributions to a retirement plan;

(5) exercise investment powers available under a retirement plan; and

(6) borrow from, sell assets to, or purchase assets from a retirement plan.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25210,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24771,"codeId":41726,"versionId":33994,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-216","shortTitle":"Section 26-1A-216","catchLine":"Taxes.","title":"Section 26-1A-216 Taxes.","sectionRange":null,"content":"

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;

(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;

(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and

(4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25211,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24772,"codeId":41727,"versionId":33995,"parentId":41708,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-217","shortTitle":"Section 26-1A-217","catchLine":"Gifts.","title":"Section 26-1A-217 Gifts.","sectionRange":null,"content":"

(a) In this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529, as amended.

(b) Unless the power of attorney otherwise expressly provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:

(1) make outright to, or for the benefit of, a person including the agent, a gift of any of the principal’s property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and

(2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, to the splitting of a gift made by the principal’s spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

(c) An agent may make a gift of the principal’s property only as the agent determines is consistent with the principal’s objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal’s best interest based on all relevant factors, including:

(1) the value and nature of the principal’s property;

(2) the principal’s foreseeable obligations and need for maintenance;

(3) minimization of taxes, including income, estate, inheritance, generation skipping transfer, and gift taxes;

(4) eligibility for a benefit, a program, or assistance under a statute or regulation; and

(5) the principal’s personal history of making or joining in making gifts.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25212,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24773,"codeId":41709,"versionId":null,"parentId":41683,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Forms.","title":"Article 3 Forms.","sectionRange":"§26-1A-301 to §26-1A-302","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25213,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24774,"codeId":41728,"versionId":33996,"parentId":41709,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-301","shortTitle":"Section 26-1A-301","catchLine":"Power of Attorney Form.","title":"Section 26-1A-301 Power of Attorney Form.","sectionRange":null,"content":"

A document substantially in the following form may be used to create a power of attorney that has the meaning and effect prescribed by this chapter.

ALABAMA POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975.

This power of attorney does not authorize the agent to make health care decisions for you. Such powers are governed by other applicable law.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I________________________________

(Name of Principal)

name the following person as my agent:

Name of Agent:________________________________

Agent’s Address:_____________________________

Agent’s Telephone Number:____________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent:_____________________

Successor Agent’s Address:____________________

Successor Agent’s Telephone Number:___________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent:________________

Second Successor Agent’s Address:_______________

Second Successor Agent’s Telephone Number:________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975:

If you wish to grant general authority over all of the subjects enumerated in this section you may SIGN here:

________________________________________________

(Signature of Principal)

OR

If you wish to grant specific authority over less than all subjects enumerated in this section you must INITIAL by each subject you want to include in the agent’s authority:

_____Real Property as defined in Section 26-1A-204

_____Tangible Personal Property as defined in Section 26-1A-205

_____Stocks and Bonds as defined in Section 26-1A-206

_____Commodities and Options as defined in Section 26-1A-207

_____Banks and Other Financial Institutions as defined in Section 26-1A-208

_____Operation of Entity or Business as defined in Section 26-1A-209

_____Insurance and Annuities as defined in Section 26-1A-210

_____Estates, Trusts, and Other Beneficial Interests as defined in Section 26-1A-211

_____Claims and Litigation as defined in Section 26-1A-212

_____Personal and Family Maintenance as defined in Section 26-1A-213

_____Benefits from Governmental Programs or Civil or Military Service as defined in Section 26-1A-214

_____Retirement Plans as defined in Section 26-1A-215

_____Taxes as defined in Section 26-1A-216

_____Gifts as defined in Section 26-1A-217

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL the specific authority you WANT to give your agent.)

_____Create, amend, revoke, or terminate an inter vivos trust, by trust or applicable law

_____Make a gift to which exceeds the monetary limitations of Section 26-1A-217 of the Alabama Uniform Power of Attorney Act, but subject to any special instructions in this power of attorney

_____Create or change rights of survivorship

_____Create or change a beneficiary designation

_____Authorize another person to exercise the authority granted under this power of attorney

_____Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

_____Exercise fiduciary powers that the principal has authority to delegate

LIMITATIONS ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

Limitation of Power. Except for any special instructions given herein to the agent to make gifts, the following shall apply:

(a) Any power or authority granted to my Agent herein shall be limited so as to prevent this Power of Attorney from causing any Agent to be taxed on my income or from causing my assets to be subject to a “general power of appointment” by my Agent as defined in 26 U.S.C. §2041 and 26 U.S.C. §2514 of the Internal Revenue Code of 1986, as amended.

(b) My Agent shall have no power or authority whatsoever with respect to any policy of insurance owned by me on the life of my Agent, or any trust created by my Agent as to which I am a trustee.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines. For your protection, if there are no special instructions write NONE in this section.

_________________

_________________

_________________

_________________

_________________

_________________

_________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF [CONSERVATOR OR GUARDIAN] (OPTIONAL)

If it becomes necessary for a court to appoint a [conservator or guardian] of my estate or [guardian] of my person, I nominate the following person(s) for appointment:

Name of Nominee for [conservator or guardian] of my estate:___________________________

Nominee’s Address:__________________

Nominee’s Telephone Number:____________________

Name of Nominee for [guardian] of my person: ______________________

Nominee’s Address: ______________________

Nominee’s Telephone Number: ________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

________________________________

(Signature of Principal)

Your Signature Date:___________________________

Your Name Printed:___________________________

Your Address:_____________________

Your Telephone Number:_______________________

State of_________________________

[County] of___________________________

I, ________________, a Notary Public, in and for the County in this State, hereby certify that ______________, whose name is signed to the foregoing document, and who is known to me, acknowledged before me on this day that, being informed of the contents of the document, he or she executed the same voluntarily on the day the same bears date.

Given under my hand this the ___ day of ______, 2____. _______________________________________(Seal, if any)

Signature of Notary

My commission expires: _______________________

[This document prepared by:

________________________________________]

IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

(2) act in good faith;

(3) do nothing beyond the authority granted in this power of attorney; and

(4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

(Principal’s Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) act loyally for the principal’s benefit;

(2) avoid conflicts that would impair your ability to act in the principal’s best interest;

(3) act with care, competence, and diligence;

(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

(6) attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) death of the principal;

(2) the principal’s revocation of the power of attorney or your authority;

(3) the occurrence of a termination event stated in the power of attorney;

(4) the purpose of the power of attorney is fully accomplished; or

(5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. If you violate the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25214,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24775,"codeId":41729,"versionId":33997,"parentId":41709,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-302","shortTitle":"Section 26-1A-302","catchLine":"Agent’s Certification.","title":"Section 26-1A-302 Agent’s Certification.","sectionRange":null,"content":"

A document substantially in the following format may be used by an agent to certify facts concerning a power of attorney.

AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY

State of _____________________________

[County] of___________________________

I, _________________________________________ (Name of Agent), [certify] under penalty of perjury that ________________________________

(Name of Principal)

granted me authority as an agent or successor agent in a power of attorney dated ________________________.

I further [certify] that to my knowledge:

(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) __________________________________________

_________________________________________

__________________________________________

__________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

_________________________________________________

Agent’s Signature Date:

_________________________________________________

Agent’s Name Printed:

_________________________________________________

Agent’s Address:

_________________________________________________

Agent’s Telephone Number:

_________________________________________________

This document was acknowledged before me on

________________________________________________,

(Date)

by______________________________________________.

(Name of Agent)

___________________________________________ (Seal, if any)

Signature of Notary

My commission expires: ________________________

[This document prepared by:

___________________________________________]

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25215,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24776,"codeId":41710,"versionId":null,"parentId":41683,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Miscellaneous Provisions.","title":"Article 4 Miscellaneous Provisions.","sectionRange":"§26-1A-401 to §26-1A-404","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25216,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24777,"codeId":41730,"versionId":33998,"parentId":41710,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-401","shortTitle":"Section 26-1A-401","catchLine":"Uniformity of Application and Construction.","title":"Section 26-1A-401 Uniformity of Application and Construction.","sectionRange":null,"content":"

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

","history":"(Act 2011-683, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25217,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24778,"codeId":41731,"versionId":33999,"parentId":41710,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-402","shortTitle":"Section 26-1A-402","catchLine":"Relation to Electronic Signatures in Global and National Commerce Act.","title":"Section 26-1A-402 Relation to Electronic Signatures in Global and National Commerce Act.","sectionRange":null,"content":"

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25218,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24779,"codeId":41732,"versionId":34000,"parentId":41710,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-403","shortTitle":"Section 26-1A-403","catchLine":"Effect on Existing Powers of Attorney.","title":"Section 26-1A-403 Effect on Existing Powers of Attorney.","sectionRange":null,"content":"

This chapter applies to all powers of attorney executed on or after January 1, 2012.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25219,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24780,"codeId":41733,"versionId":34001,"parentId":41710,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1A-404","shortTitle":"Section 26-1A-404","catchLine":"Health Care Powers of Attorney Executed on or After January 1, 2012.","title":"Section 26-1A-404 Health Care Powers of Attorney Executed on or After January 1, 2012.","sectionRange":null,"content":"

(a) This section applies to a power of attorney for health care decisions executed on or after January 1, 2012.

(b) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal” or “This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incompetency, or incapacity.

(c)(1) A principal may designate under a durable power of attorney an individual who shall be empowered to make health care decisions on behalf of the principal, in the manner set forth in the Natural Death Act, if in the opinion of the principal’s attending physician the principal is no longer able to give directions to health care providers. Subject to the express limitation on the authority of the attorney in fact contained in the durable power of attorney, the attorney in fact may make any health care decision on behalf of the principal that the principal could make but for the lack of capacity of the principal to make a decision, but not including psychosurgery, sterilization, abortion when not necessary to preserve the life of the principal, or involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power of attorney executed pursuant to this section may be revoked by written revocation signed and dated by the principal or person acting at the direction of the principal, or being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel or by a verbal expression of intent to revoke made in the presence of a witness 19 years of age or older who signs and dates a writing confirming an expression to revoke.

(2) Notwithstanding anything in this section to the contrary, an attorney in fact shall have the authority to make decisions regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration but only a. if specifically authorized to do so in the durable power of attorney, b. if the substantive provisions of the durable power of attorney are in substantial compliance and if the durable power of attorney is executed and accepted in substantially the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal illness or injury or permanent unconsciousness, if the authority is implemented in the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed prior to January 1, 2012, shall be effective to the extent specifically provided therein notwithstanding the provisions of this subsection. The decisions made by the attorney in fact shall be implemented in accordance with the same procedures set forth in the Alabama Natural Death Act for health care proxies.

(3) Any authority granted to the spouse under a durable power of attorney shall be revoked if the marriage of the principal is dissolved or annulled, or if the parties are legally separated or a party to divorce proceedings.

(4) Subject to any limitation in the durable power of attorney, an attorney in fact may, for the purpose of making a health care decision, request, review, and receive any information, oral or written, regarding the principal’s physical or mental health, including medical and hospital records, execute a release or other document required to obtain the information, and consent to the disclosure of the information.

(5) Under no circumstances shall the health care provider of the principal or a nonrelative employee of the health care provider of the principal make decisions under the durable power of attorney. For purposes of this subsection, a health care provider is defined as any person or entity who is licensed, certified, registered, or otherwise authorized by the laws of this state to administer or provide health care in the ordinary course of business or in the practice of a profession.

(6) No health care provider or any employee or agent thereof who in good faith and pursuant to reasonable medical standards follows the direction of a duly authorized attorney in fact shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct for an action taken thereunder. Any health care cost or liability for the cost associated with any decision made pursuant to this section shall be the same as if the health care were provided as a result of the principal’s decision relating to his or her own care.

(7) Any person who, without the consent of the principal, willfully conceals, cancels, or alters a durable power of attorney or any amendment or revocation of the agency or who falsifies or forges a durable power of attorney, amendment, or revocation for purposes of making health care decisions shall be civilly liable. In addition, those persons shall be subject to the criminal penalties set forth in the Alabama Natural Death Act.

(8) Any individual acting as an attorney in fact under a duly executed durable power of attorney, which includes provisions which comply with subdivision (2) regarding health care decisions who authorizes the providing, withholding, or withdrawing of life-sustaining treatments or artificially provided nutrition or hydration in accordance with the durable power of attorney and pursuant to this subsection shall not be subject to criminal prosecution or civil liability for that action.

(9) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede any legal right or legal responsibility which any person may have, under case law, common law, or statutory law to effect the provision, withholding, or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration in any lawful manner. In such respect, the provisions of this subsection are cumulative.

(10) No physician or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability or life or health insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation, or mutual nonprofit hospital or hospital service corporation shall require any person to execute a durable power of attorney with respect to health care decisions as a condition for being insured for, or receiving, health care services.

(11) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede the jurisdiction of the circuit court in the county where a patient is undergoing treatment to determine whether life-sustaining treatment or artificially provided nutrition and hydration shall be withheld or withdrawn in circumstances not governed by this subsection.

(12) This subsection shall create no presumption concerning the intention of an individual, who has not executed a durable power of attorney regarding health care decisions, or any other advance directive for health care, or if the durable power of attorney, or advance directive for health care is executed, the durable power of attorney or advance directive for health care is ambiguous or silent as to a particular health care matter, to consent to the use or withdrawing or withholding of life-sustaining treatment or artificially provided nutrition and hydration. The terms “person” and “advance directive for health care” shall have the meaning as under Sections 22-8A-1, et seq.

(13) A durable power of attorney executed in another state in compliance with the law of that state or of this state is valid for purposes of this subsection, but this subsection does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.

(14) Any durable power of attorney regarding health care decisions made prior to January 1, 2012, shall be given effect provided that the durable power of attorney was legally effective when written and artificially provided nutrition and hydration shall not be withdrawn pursuant to the durable power of attorney unless specifically authorized herein.

","history":"(Act 2011-683, p. 2015, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25220,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24781,"codeId":58462,"versionId":null,"parentId":26,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1B","shortTitle":"Chapter 1B","catchLine":"Supported Decision-Making Agreements.","title":"Chapter 1B Supported Decision-Making Agreements.","sectionRange":"§26-1B-1 to §26-1B-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25221,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24782,"codeId":58463,"versionId":50472,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-1","shortTitle":"Section 26-1B-1","catchLine":"Short Title.","title":"Section 26-1B-1 Short Title.","sectionRange":null,"content":"This act shall be known and may be cited as the Colby Act.","history":"(Act 2023-134, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25222,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24783,"codeId":58464,"versionId":50473,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-2","shortTitle":"Section 26-1B-2","catchLine":"Definitions.","title":"Section 26-1B-2 Definitions.","sectionRange":null,"content":"

For the purposes of this chapter, the following terms have the following meanings:

(1) SUPPORTED DECISION-MAKING. The process of supporting and accommodating an adult in the decision-making process without impeding the self-determination of the adult. This term includes assistance in making, communicating, and effectuating life decisions.

(2) SUPPORTED DECISION-MAKING AGREEMENT. A written agreement detailing decision-making supports and accommodations that an adult chooses to receive from one or more supporters.

(3) SUPPORTER. An individual at least 18 years of age who has voluntarily entered into a supported decision-making agreement with an adult and is designated as such in a supported decision-making agreement.

","history":"(Act 2023-134, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25223,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24784,"codeId":58465,"versionId":50474,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-3","shortTitle":"Section 26-1B-3","catchLine":"Conditions for Execution of a Supported Decision-Making Agreement.","title":"Section 26-1B-3 Conditions for Execution of a Supported Decision-Making Agreement.","sectionRange":null,"content":"

(a) An adult may not enter into a supported decision-making agreement as an alternative to guardianship or conservatorship unless the adult meets both of the following conditions:

(1) The adult enters into the agreement voluntarily and without coercion or undue influence.

(2) The adult understands the nature and effect of the agreement.

(b) An adult may make, change, or revoke a supported decision-making agreement.

(c) A court may not consider an adult’s execution of a supported decision-making agreement as evidence of the adult’s incapacity. The existence of an executed supported decision-making agreement does not preclude the adult from acting independently of the supported decision-making agreement.

(d) An adult may not enter into a supported decision-making agreement under this section if the agreement supplants the authority of a guardian or conservator of the adult.

(e) No third-party individual or entity may require an adult to execute a supported decision-making agreement for any purpose. For the purposes of this chapter, the term “third-party individual or entity” does not include a guardian or conservator.

","history":"(Act 2023-134, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25224,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24785,"codeId":58466,"versionId":50475,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-4","shortTitle":"Section 26-1B-4","catchLine":"Form.","title":"Section 26-1B-4 Form.","sectionRange":null,"content":"

A document substantially in the following format may be used to create a supported decision-making agreement that has the meaning and effect prescribed by this chapter.

This document IS ___________ / IS NOT _____________ (check one) legally binding. Only a person with the legal right and capacity to contract can make a legally binding agreement.

I, ________________________ (Name of Principal), make this supported decision-making agreement to choose supporters to help me make decisions. I am choosing to make this agreement. I may end this agreement at any time. These supporters DO NOT make decisions for me. They give me information, advice, and other support so I can make decisions for myself.

DESIGNATION OF SUPPORTERS

HEALTH CARE

I DO ___________ / DO NOT ______________ (check one) want help with health care. I want the following people to be my supporters and help me with my health care decisions:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my physical and mental health. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

FINANCIAL DECISION-MAKING

I DO ___________ / DO NOT ______________ (check one) want help with my financial decisions. I want the following people to be my supporters and help me with my financial decisions:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my finances. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

WHERE I LIVE AND COMMUNITY LIVING

I DO ___________ / DO NOT ______________ (check one) want help with decisions about where I live and community living. I want the following people to be my supporters and help me with decisions about where I live:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about where I live and community living. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

EDUCATION

I DO ___________ / DO NOT ______________ (check one) want help with decisions about my education. I want the following people to be my supporters and help me with decisions about my education:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my education. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

EMPLOYMENT

I DO ___________ / DO NOT ______________ (check one) want help with decisions about my employment. I want the following people to be my supporters and help me with decisions about my employment:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my employment. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

OTHER DECISIONS

I DO ___________ / DO NOT ______________ (check one) want help with other decisions. I want the following people to be my supporters and help me with other decisions:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make other decisions. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

SIGNATURE AND ACKNOWLEDGMENT

I agree to be a supporter under this agreement.

(Signature of Supporter):

________________________

Signature Date:

________________________

Supporter Name Printed:

________________________

Supporter Address:

________________________

Supporter Telephone Number:

________________________

Supporter E-mail Address:

________________________

Repeat as needed for each supporter listed in the supported decision-making agreement.

(Signature of Principal):

________________________

Your Signature Date:

________________________

Your Name Printed:

________________________

Your Address:

________________________

Your Telephone Number:

________________________

State of:

________________________

[County] of

________________________

I, ____________, a Notary Public, in and for the County in this State, hereby certify that ____________, whose name is signed to the foregoing document, and who is known to me, acknowledged before me on this day that, being informed of the contents of the document, he or she executed the same voluntarily on the day the same bears date.

Given under my hand this the ____________ day of ____________, 2___.

________________________

(Seal, if any)

Signature of Notary

My commission expires:

________________________

[This document prepared by:

_______________________]

","history":"(Act 2023-134, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25225,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24786,"codeId":58467,"versionId":50476,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-5","shortTitle":"Section 26-1B-5","catchLine":"Supporter Powers and Duties.","title":"Section 26-1B-5 Supporter Powers and Duties.","sectionRange":null,"content":"

(a) A supporter shall do all of the following:

(1) Support the will and preference of the adult and not the supporter’s opinion of the adult’s best interest.

(2) Act honestly, diligently, and in good faith.

(3) Act within the scope set forth in the adult’s supported decision-making agreement.

(4) Avoid conflicts of interest.

(5) Timely notify the adult in writing, in the adult’s preferred language and mode of communication, of his or her intent to resign as a supporter.

(b) A supporter is a fiduciary and shall make and communicate decisions in cooperation with the adult and preserve the adult’s authority to make decisions.

(c) A supporter shall not do any of the following:

(1) Exert undue influence upon the adult.

(2) Receive a fee or compensation for services performed in the role of supporter.

(3) Obtain, without the consent of the adult, information for a purpose other than assisting the adult in making a specific decision authorized by the supported decision-making agreement.

(4) Obtain, without the consent of the adult, nonpublic personal information, as defined by 15 U.S.C. § 6809(4).

(5) Act outside the scope of authority provided in the supported decision-making agreement.

(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, or to communicate or implement decisions made by the adult.

(e) A request or decision made or communicated with the assistance of a supporter in conformity with the supported decision-making agreement shall be recognized as the request or decision of the adult for the purposes of any provision of law.

","history":"(Act 2023-134, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25226,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24787,"codeId":58468,"versionId":50477,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-6","shortTitle":"Section 26-1B-6","catchLine":"Agreement Requirements.","title":"Section 26-1B-6 Agreement Requirements.","sectionRange":null,"content":"

(a) A supported decision-making agreement shall meet all of the following requirements:

(1) Name at least one supporter.

(2) Describe the decision-making assistance that each supporter may provide to the adult and how supporters may work together.

(3) If the adult is subject to a limited guardianship or conservatorship as provided by Section 26-1B-7, be executed by the adult’s guardian or conservator.

(4) Be in writing, dated, and signed by the adult in the presence of a notary public.

(5) Contain a separate consent signed by each supporter named in the agreement indicating each of the following:

a. The supporter’s relationship to the adult.

b. The supporter’s willingness to act as a supporter.

c. The supporter’s acknowledgment of his or her duties as a supporter.

(b) A supported decision-making agreement may do any of the following:

(1) Appoint more than one supporter.

(2) Appoint an alternate supporter to act in the place of a supporter under circumstances specified in the agreement.

(3) Authorize a supporter to share information with any other supporter or others named in the agreement.

","history":"(Act 2023-134, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25227,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24788,"codeId":58469,"versionId":50478,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-7","shortTitle":"Section 26-1B-7","catchLine":"Revocation of a Supported Decision-Making Agreement.","title":"Section 26-1B-7 Revocation of a Supported Decision-Making Agreement.","sectionRange":null,"content":"

(a) An adult may revoke a supported decision-making agreement at any time. A revocation under this section shall be in writing, and a copy of the revocation shall be provided to each supporter.

(b) Except as provided in the supported decision-making agreement, a supported decision-making agreement terminates in each the following situations:

(1) The adult who is the subject of the supported decision-making agreement dies.

(2) The adult who is the subject of the supported decision-making agreement revokes the agreement under subsection (a).

(3) All of the named supporters withdraw their participation without arranging for successor supporters approved by the adult.

(4) A court of competent jurisdiction determines that the adult does not have the capacity to execute or consent to a supported decision-making agreement.

(5) A court of competent jurisdiction determines that a supporter has used the supported decision-making agreement to financially exploit, abuse, or neglect the adult.

(6) A court of competent jurisdiction appoints a temporary or permanent guardian or conservator for the person or property of the adult, unless the court’s order of appointment does each of the following:

a. Expressly modifies, but continues, the supported decision-making agreement alongside a partial guardianship or conservatorship.

b. Limits the powers and duties of the guardian or conservator.

(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision-making agreement.

(c) The court may enter an order pursuant to subdivision (b)(4), (b)(5), or (b)(6) only after providing notice and a hearing to the adult and all supporters named in the agreement.

","history":"(Act 2023-134, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25228,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24789,"codeId":58470,"versionId":50479,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-8","shortTitle":"Section 26-1B-8","catchLine":"Validity of a Supported Decision-Making Agreement.","title":"Section 26-1B-8 Validity of a Supported Decision-Making Agreement.","sectionRange":null,"content":"
A supported decision-making agreement that complies with Section 26-1B-4 is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision-making agreement was not validly executed.
","history":"(Act 2023-134, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25229,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24790,"codeId":58471,"versionId":50480,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-9","shortTitle":"Section 26-1B-9","catchLine":"Reliance on a Supported Decision-Making Agreement.","title":"Section 26-1B-9 Reliance on a Supported Decision-Making Agreement.","sectionRange":null,"content":"

(a) A person who in good faith relies on an authorization in a supported decision-making agreement is not subject to discipline for unprofessional conduct.

(b) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or willful or wanton misconduct.

","history":"(Act 2023-134, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25230,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24791,"codeId":58472,"versionId":50481,"parentId":58462,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-1B-10","shortTitle":"Section 26-1B-10","catchLine":"Construction and Application; Reporting Requirements.","title":"Section 26-1B-10 Construction and Application; Reporting Requirements.","sectionRange":null,"content":"

(a) The meaning and effect of a supported decision-making agreement is determined by the law of the jurisdiction in which the supported decision-making agreement was executed, unless the supported decision-making agreement provides otherwise.

(b) A person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement and reasonably believes that an adult is being abused, neglected, or exploited shall report the alleged abuse, neglect, or exploitation to an adult protective services agency or an authorized law enforcement agency.

","history":"(Act 2023-134, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25231,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24792,"codeId":4268,"versionId":null,"parentId":26,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Appointment of Guardians.","title":"Chapter 2 Appointment of Guardians.","sectionRange":"§26-2-1 to §26-2-55","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25232,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24793,"codeId":4270,"versionId":null,"parentId":4268,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§26-2-1 to §26-2-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25233,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24794,"codeId":55370,"versionId":48394,"parentId":4270,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-1","shortTitle":"Section 26-2-1","catchLine":"“Person of Unsound Mind” and “Partially Disabled Person” Defined; Application of Provisions to Partially Disabled Persons.","title":"Section 26-2-1 “Person of Unsound Mind” and “Partially Disabled Person” Defined; Application of Provisions to Partially Disabled Persons.","sectionRange":null,"content":"

Repealed by Acts 1987, No. 87-590, p. 975, §2-333(a), effective January 1, 1988.

","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25234,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24795,"codeId":4273,"versionId":3394,"parentId":4270,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"26-2-2","shortTitle":"Section 26-2-2","catchLine":"Removal of Guardianship or Conservatorship from Probate to Circuit Court. (Amended by 2026-488)","title":"Section 26-2-2 Removal of Guardianship or Conservatorship from Probate to Circuit Court. (Amended by 2026-488)","sectionRange":null,"content":"

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.

The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court.

","history":"(Code 1923, §8102; Acts 1939, No. 125, p. 168; Code 1940, T. 21, §26; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25235,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24796,"codeId":41371,"versionId":33702,"parentId":4270,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"26-2-3","shortTitle":"Section 26-2-3","catchLine":"Transfer to Circuit Court; Remand to Probate Court. (Amended by 2026-488)","title":"Section 26-2-3 Transfer to Circuit Court; Remand to Probate Court. (Amended by 2026-488)","sectionRange":null,"content":"

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.

(a) In any county where the judge of probate is required to be learned in the law, the administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding for final settlement thereof is commenced in probate court by the guardian or conservator of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone entitled to support out of the estate of the ward without assigning any special equity. The circuit court shall remand the administration of a guardianship or conservatorship transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of a guardianship or conservatorship pursuant to this section to the probate court if the circuit court finds that any of the following apply:

(1) The circuit court has issued a final order or judgment on all contested matters pending before the circuit court in the administration of the guardianship or conservatorship and the time for an appeal of the order or judgment has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.

(2) All interested parties or their representatives request the administration of the guardianship or conservatorship be remanded to probate court.

(b) Nothing in subsection (a) shall prevent the administration of a guardianship or conservatorship from being removed again to the circuit court pursuant to Section 26-2-2 after the administration has been remanded to the probate court as provided above.

","history":"(Act 2011-528, p. 864, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25237,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24797,"codeId":4280,"versionId":null,"parentId":4268,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"General Conservator for County; Guardians of Minors.","title":"Article 2 General Conservator for County; Guardians of Minors.","sectionRange":"§26-2-26 to §26-2-27","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25239,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24798,"codeId":4281,"versionId":3398,"parentId":4280,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-26","shortTitle":"Section 26-2-26","catchLine":"General Conservator for County.","title":"Section 26-2-26 General Conservator for County.","sectionRange":null,"content":"

The judge of probate may appoint a general conservator for the county who must be appointed and act as a conservator when no other fit person applies for appointment and qualifies. The term of office of such general conservator shall continue during the term of the judge by whom he or she is appointed, unless he or she is reappointed. If he or she is reappointed, his or her bond, if deemed sufficient, shall remain as a continuing security, or he or she may be required to execute a new bond.

","history":"(Code 1867, §2423, Code 1876, §2765; Code 1886, §2376; Code 1896, §2253; Code 1907, §4343; Code 1923, §8100; Code 1940, T. 21, §7; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25240,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24799,"codeId":4286,"versionId":3400,"parentId":4280,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-27","shortTitle":"Section 26-2-27","catchLine":"Appointment of Sheriff as Guardian.","title":"Section 26-2-27 Appointment of Sheriff as Guardian.","sectionRange":null,"content":"

If no fit person is appointed and qualifies as guardian of a minor and there be no general guardian for the county, the sheriff must be appointed guardian and the guardianship attaches to the office of sheriff.

","history":"(Code 1852, §2017; Code 1867, §2416; Code 1876, §2767; Code 1886, §2377; Code 1896, §2254; Code 1907, §4344; Code 1923, §8101; Code 1940, T. 21, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25241,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24800,"codeId":4292,"versionId":null,"parentId":4268,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Guardians of Incapacitated Persons.","title":"Article 3 Guardians of Incapacitated Persons.","sectionRange":"§26-2-43 to §26-2-55","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25242,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24801,"codeId":4295,"versionId":3406,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-43","shortTitle":"Section 26-2-43","catchLine":"Procedure Generally - Summoning, Etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated.","title":"Section 26-2-43 Procedure Generally - Summoning, Etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated.","sectionRange":null,"content":"

The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to the time of trial. The probate judge must also issue a writ directed to the sheriff to take the person alleged to be incapacitated and, if consistent with his or her health or safety, have him or her present at the place of the trial.

","history":"(Code 1852, §2751; Code 1867, §3190; Code 1876, §2758; Code 1886, §3393; Code 1896, §2258; Code 1907, §4348; Code 1923, §8106; Code 1940, T. 21, §12; Acts 1945, No. 468, p. 704; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25243,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24802,"codeId":4298,"versionId":3408,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-44","shortTitle":"Section 26-2-44","catchLine":"Procedure Generally - Impaneling and Swearing in of Jury; Filling of Vacancies on Jury.","title":"Section 26-2-44 Procedure Generally - Impaneling and Swearing in of Jury; Filling of Vacancies on Jury.","sectionRange":null,"content":"

(a) At the time set for the trial, if good cause be not shown for continuance, the jury must be impaneled and sworn well and truly to make inquisition of the facts alleged in the petition, and render a true verdict according to the evidence.

(b) If any of the jurors are excused from serving, fail to attend or are set aside for any cause, their places may be supplied from the bystanders.

","history":"(Code 1852, §2752; Code 1867, §3191; Code 1876, §2759; Code 1886, §2394; Code 1896, §2259; Code 1907, §4349; Code 1923, §8107; Code 1940, T. 21, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25244,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24803,"codeId":4302,"versionId":3411,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-45","shortTitle":"Section 26-2-45","catchLine":"Procedure Generally - Entry of Decree, Recordation of Proceedings and Appointment of Conservator by Court Upon Rendition of Verdict of Jury.","title":"Section 26-2-45 Procedure Generally - Entry of Decree, Recordation of Proceedings and Appointment of Conservator by Court Upon Rendition of Verdict of Jury.","sectionRange":null,"content":"

If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall enter a decree accordingly, and must cause the petition and all the proceedings thereon to be recorded and appoint a suitable conservator of such person.

","history":"(Code 1852, §2753; Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350; Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25245,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24804,"codeId":4310,"versionId":3416,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-46","shortTitle":"Section 26-2-46","catchLine":"Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum.","title":"Section 26-2-46 Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum.","sectionRange":null,"content":"

If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in a hospital or asylum within or without the state, inquisition may be had and taken without notice to him or her , but, on the filing of the application, the court must appoint a guardian ad litem to represent and defend for him or her. It shall be the duty of such guardian by answer to put in issue the facts stated in the application and to employ counsel at the expense of such person of unsound mind to appear and defend him or her.

","history":"(Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907, §4351; Code 1923, §8109; Code 1940, T. 21, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25246,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24805,"codeId":4316,"versionId":3421,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-47","shortTitle":"Section 26-2-47","catchLine":"Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Authorization.","title":"Section 26-2-47 Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Authorization.","sectionRange":null,"content":"

The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be within this state if such person has been declared an incapacitated person by a court having jurisdiction in the state of his or her residence.

","history":"(Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code 1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25247,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24806,"codeId":4320,"versionId":3425,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-48","shortTitle":"Section 26-2-48","catchLine":"Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Procedure.","title":"Section 26-2-48 Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Procedure.","sectionRange":null,"content":"

The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and the property requiring the care of a conservator.

On the filing of such application, the court must appoint a day for the hearing thereof, notice of which must be given for three successive weeks by publication in some newspaper published in the county or, if there is no such paper published in the county, by publication in a paper published in an adjoining county, and a copy of such paper must be mailed by the probate judge to such person at the post office nearest his or her residence. The court must appoint a guardian ad litem to represent and defend for such person and it shall be the duty of such guardian ad litem to put in issue the facts stated in the application. If, on the hearing the application is not granted, the court must render a decree against the applicant for all the costs of the proceedings, including the reasonable compensation of the guardian ad litem.

","history":"(Code 1867, §2415; Code 1876, §2755; Code 1886, §2403; Code 1896, §2268; Code 1907, §4358; Code 1923, §8116; Code 1940, T. 21, §22; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25248,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24807,"codeId":4328,"versionId":3432,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-50","shortTitle":"Section 26-2-50","catchLine":"Appointment of General Conservator of County or Sheriff as Guardian.","title":"Section 26-2-50 Appointment of General Conservator of County or Sheriff as Guardian.","sectionRange":null,"content":"

The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and if there be no general conservator, the sheriff must be appointed.

","history":"(Code 1852, §2017; Code 1867, §§2416, 2423; Code 1876, §§2765, 2767; Code 1886, §2405; Code 1896, §2270; Code 1907, §4360; Code 1923, §8118; Code 1940, T. 21, §24; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25249,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24808,"codeId":4332,"versionId":3436,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-51","shortTitle":"Section 26-2-51","catchLine":"Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Contents of Application, Etc.","title":"Section 26-2-51 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Contents of Application, Etc.","sectionRange":null,"content":"

At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to the court of probate for a revocation of the proceedings against him or her and of the letters of guardianship or conservatorship, the application to be accompanied by the certificate in writing of two physicians or of two other competent persons stating that, after examination of such person, they believe the person’s incapacity has terminated.

","history":"(Code 1852, §2758; Code 1867, §2197; Code 1876, §2804; Code 1886, §2397; Code 1896, §2262; Code 1907, §4352; Code 1923, §8110; Code 1940, T. 21, §16; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25250,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24809,"codeId":4338,"versionId":3440,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-52","shortTitle":"Section 26-2-52","catchLine":"Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc.","title":"Section 26-2-52 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc.","sectionRange":null,"content":"

On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator and the person at whose instance the inquisition was had and taken must be cited to appear and show cause against it.

","history":"(Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code 1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25251,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24810,"codeId":4345,"versionId":3445,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-53","shortTitle":"Section 26-2-53","catchLine":"Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Conduct of Hearing or Trial Upon Contested Application; Entry of Decree Revoking Guardianship or Conservatorship, Etc., Where Application Not Contested.","title":"Section 26-2-53 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Conduct of Hearing or Trial Upon Contested Application; Entry of Decree Revoking Guardianship or Conservatorship, Etc., Where Application Not Contested.","sectionRange":null,"content":"

If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition.

If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of his or her estate.

","history":"(Code 1852, §§2759, 2760; Code 1867, §§3198, 3199; Code 1876, §§2805, 2806; Code 1886, §2399; Code 1896, §2264; Code 1907, §4354; Code 1923, §8112; Code 1940, T. 21, §18; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25252,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24811,"codeId":4350,"versionId":3450,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-54","shortTitle":"Section 26-2-54","catchLine":"Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury.","title":"Section 26-2-54 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury.","sectionRange":null,"content":"

If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree revoking the proceedings on the inquisition and the guardianship or conservatorship, and declaring that the ward must be restored to the custody and management of his or her estate and must adjudge the costs as is just and equitable, but if the verdict of the jury negatives the facts stated in the application, a judgment of dismissal at the cost of the applicant or of the next friend must be entered.

","history":"(Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code 1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25253,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24812,"codeId":4356,"versionId":3453,"parentId":4292,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2-55","shortTitle":"Section 26-2-55","catchLine":"Revocation of Guardianship or Conservatorship - Upon Application by Guardian or Conservator.","title":"Section 26-2-55 Revocation of Guardianship or Conservatorship - Upon Application by Guardian or Conservator.","sectionRange":null,"content":"

If, at any time after his or her appointment, the guardian or conservator becomes satisfied that the incapacity of the ward has terminated, and is capable of managing his or her estate and the judge of probate is of the opinion, from the proof and the facts stated, that such representation is correct, the judge of probate must make an order that the guardian or conservator be discharged and that the estate of the ward be restored to him or her.

","history":"(Code 1852, §2757; Code 1867, §3196; Code 1876, §2803; Code 1886, §2401; Code 1896, §2266; Code 1907, §4356; Code 1923, §8114; Code 1940, T. 21, §20; Acts 1987, No. 87-590, p. 975, §2-333(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25254,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24813,"codeId":4372,"versionId":null,"parentId":26,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2A","shortTitle":"Chapter 2A","catchLine":"Alabama Uniform Guardianship and Protective Proceedings Act.","title":"Chapter 2A Alabama Uniform Guardianship and Protective Proceedings Act.","sectionRange":"§26-2A-1 to §26-2A-160","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25255,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24814,"codeId":4373,"versionId":null,"parentId":4372,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions, Definitions and Jurisdiction of Court.","title":"Article 1 General Provisions, Definitions and Jurisdiction of Court.","sectionRange":"§26-2A-1 to §26-2A-54","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25256,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24815,"codeId":4375,"versionId":null,"parentId":4373,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"Short Title, Construction, General Provisions.","title":"Division 1 Short Title, Construction, General Provisions.","sectionRange":"§26-2A-1 to §26-2A-9","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25257,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24816,"codeId":4377,"versionId":3468,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-1","shortTitle":"Section 26-2A-1","catchLine":"Short Title.","title":"Section 26-2A-1 Short Title.","sectionRange":null,"content":"

This chapter may be cited as the Alabama Uniform Guardianship and Protective Proceedings Act.

","history":"(Acts 1987, No. 87-590, p. 975, §1-101.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25258,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24817,"codeId":4386,"versionId":3474,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-2","shortTitle":"Section 26-2A-2","catchLine":"Rule of Construction; Purposes.","title":"Section 26-2A-2 Rule of Construction; Purposes.","sectionRange":null,"content":"

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this chapter are to:

(1) Simplify and clarify the law concerning the affairs of minors, missing or disappeared persons, protected persons, and incapacitated persons;

(2) Promote a speedy and efficient system for managing and protecting the estates of protected persons so that assets may be preserved for application to the needs of protected persons and their dependents;

(3) Provide a system of general and limited guardianships for minors and incapacitated persons and to coordinate guardianships and protective proceedings concerned with management and protection of estates of incapacitated persons; and

(4) Make uniform the law among the various jurisdictions.

","history":"(Acts 1987, No. 87-590, p. 975, §1-102.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25259,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24818,"codeId":4398,"versionId":3482,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-3","shortTitle":"Section 26-2A-3","catchLine":"Supplementary General Principles of Law Applicable.","title":"Section 26-2A-3 Supplementary General Principles of Law Applicable.","sectionRange":null,"content":"

Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.

","history":"(Acts 1987, No. 87-590, p. 975, §1-103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25260,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24819,"codeId":4404,"versionId":3486,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-4","shortTitle":"Section 26-2A-4","catchLine":"Severability.","title":"Section 26-2A-4 Severability.","sectionRange":null,"content":"

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

","history":"(Acts 1987, No. 87-590, p. 975, §1-104.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25261,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24820,"codeId":4411,"versionId":3491,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-5","shortTitle":"Section 26-2A-5","catchLine":"Construction Against Implied Repeal.","title":"Section 26-2A-5 Construction Against Implied Repeal.","sectionRange":null,"content":"

This chapter is a general act intended as a unified coverage of its subject matter and no subsequent legislation shall be construed to repeal by implication any part of this chapter if that construction reasonably can be avoided.

","history":"(Acts 1987, No. 87-590, p. 975, §1-105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25262,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24821,"codeId":4414,"versionId":3495,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-6","shortTitle":"Section 26-2A-6","catchLine":"Facility of Payment or Delivery; Notice of Payment.","title":"Section 26-2A-6 Facility of Payment or Delivery; Notice of Payment.","sectionRange":null,"content":"

(a) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts as provided in this subsection, by paying or delivering the money or personal property to:

Payments under this subsection must not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments, and payments, by any person other than a conservator or judge, must not exceed a maximum of $25,000 during the minority of the minor ward. The person obligated to make payment is discharged of that duty or obligation by making the payment or delivery and filing a notice of such payment with the probate judge of the county in which the minor resides, if a resident of this state, or, if a nonresident, with the judge of probate or like officer of the county in which the debtor or creditor resides.

(b) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.

(c) Persons, receiving money or personal property for a minor, are obligated to apply the money to the health, support, education, or maintenance of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor’s support. A person who receives money or personal property for a minor is obligated to preserve the money and personal property, except to the extent necessary for the health, support, education, or maintenance of the minor, and any balance not so used and any personal property received for the minor must be turned over to the minor when majority is attained. A person who pays or delivers money or property in accordance with provisions of this section is not responsible for the proper application thereof.

","history":"(Acts 1987, No. 87-590, p. 975, §1-106; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25263,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24822,"codeId":4422,"versionId":3499,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-7","shortTitle":"Section 26-2A-7","catchLine":"Delegation of Powers by Parent or Guardian; Parental Authority.","title":"Section 26-2A-7 Delegation of Powers by Parent or Guardian; Parental Authority.","sectionRange":null,"content":"

(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education, or maintenance of the person or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. Temporary “delegation” of parental powers does not relieve the parent or guardian of the primary responsibility for the minor or incapacitated person.

(b) The provisions of subsection (a) of this section shall not be used or construed to allow a parent or guardian to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of Title 44.

","history":"(Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25264,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24823,"codeId":4432,"versionId":3508,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-8","shortTitle":"Section 26-2A-8","catchLine":"Application to Existing Relationships.","title":"Section 26-2A-8 Application to Existing Relationships.","sectionRange":null,"content":"

Guardianships created prior to January 1, 1988, and continuing in effect on January 1, 1988, are not terminated, even though the statute under which the appointment was made may be repealed by this chapter. Those guardianships continue in effect as they existed prior to this chapter with all of the powers and duties of the guardianship, except that the guardian previously appointed in addition will have the powers and duties of a guardian and a conservator under this chapter to the extent that the powers and duties under this chapter may be broader or more clearly expressed.

","history":"(Acts 1987, No. 87-590, p. 975, §2-334.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25265,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24824,"codeId":4438,"versionId":3515,"parentId":4375,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-9","shortTitle":"Section 26-2A-9","catchLine":"Preservation of Powers and Duties of Existing Curators; Curators Become Conservators on January 1, 1997.","title":"Section 26-2A-9 Preservation of Powers and Duties of Existing Curators; Curators Become Conservators on January 1, 1997.","sectionRange":null,"content":"

(a) A curator appointed pursuant to Chapter 7A of this title prior to August 7, 1995, and continuing in effect on August 7, 1995, is not terminated, although the statute under which the appointment was made is repealed by Act 95-751. The curator shall continue in effect as the curator existed prior to Act 95-751, with all of the powers and duties of the curator on August 7, 1995.

(b) If, on January 1, 1997, a curator is in existence pursuant to subsection (a), the curator on that date shall be considered a conservator as provided in Chapter 2A (commencing with Section 26-2A-1) of this title, with all the power and duties of a conservator as provided in that chapter. If the powers of a curator are limited by a court, the powers granted in this subsection are limited to the same extent.

","history":"(Acts 1995, No. 95-751, p. 1750, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25266,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24825,"codeId":4452,"versionId":null,"parentId":4373,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Definitions.","title":"Division 2 Definitions.","sectionRange":"§26-2A-20","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25267,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24826,"codeId":4456,"versionId":3531,"parentId":4452,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"26-2A-20","shortTitle":"Section 26-2A-20","catchLine":"General Definitions. (Amended by 2026-488)","title":"Section 26-2A-20 General Definitions. (Amended by 2026-488)","sectionRange":null,"content":"

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.

As used in this chapter the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration.

(2) CONSERVATOR. A person who is appointed by a court to manage the estate of a protected person and includes a limited conservator described in Section 26-2A-148(a).

(3) COURT. A probate court of this state.

(4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding who is trained in law, nursing, or social work, is an officer, employee, or special appointee of the court, and has no personal interest in the proceeding.

(5) DISABILITY. Cause for a protective order as described in Section 26-2A-130.

(6) ESTATE. Includes the property of the person whose affairs are subject to this chapter.

(7) GUARDIAN. A person who has qualified as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination or court appointment and includes a limited guardian as described in Sections 26-2A-78(e) and 26-2A-105(c), but excludes one who is merely a guardian ad litem.

(8) INCAPACITATED PERSON. Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.

(9) LEASE. Includes an oil, gas, or other mineral lease.

(10) LETTERS. Includes letters of guardianships and letters of conservatorship.

(11) MINOR. A person who is under 19 years of age and has not otherwise had the disabilities of minority removed.

(12) MORTGAGE. Any conveyance, agreement, or arrangement in which property is used as collateral.

(13) ORGANIZATION. Includes a corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, government, governmental subdivision or agency, or any other legal entity.

(14) PARENT. Includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.

(15) PERSON. An individual or an organization, unless the context otherwise requires.

(16) PETITION. A written request to the court for an order after notice.

(17) PROCEEDING. Includes action at law and suit in equity.

(18) PROPERTY. Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(19) PROTECTED PERSON. A minor or other person for whom a conservator has been appointed or other protective order has been made as provided in Sections 26-2A-136 and 26-2A-137.

(20) PROTECTIVE PROCEEDING. A proceeding under the provisions of Article 2, Division 3.

(21) SECURITY. Includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.

(22) WARD. A person for whom a guardian has been appointed. A “minor ward” is a minor for whom a guardian has been appointed solely because of minority.

","history":"(Acts 1987, No. 87-590, p. 975, §1-201.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25268,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24827,"codeId":4469,"versionId":null,"parentId":4373,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Scope, Jurisdiction, and Courts.","title":"Division 3 Scope, Jurisdiction, and Courts.","sectionRange":"§26-2A-30 to §26-2A-36","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25270,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24828,"codeId":4471,"versionId":3543,"parentId":4469,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-30","shortTitle":"Section 26-2A-30","catchLine":"Territorial Application.","title":"Section 26-2A-30 Territorial Application.","sectionRange":null,"content":"

Except as otherwise provided in this chapter, it applies to:

(1) Affairs and estates of disappeared persons, and persons to be protected, domiciled in this state;

(2) Property located in this state of nondomiciliaries who are disappeared persons or persons to be protected, or property coming into the control of a guardian or conservator who is subject to the laws of this state; and

(3) Incapacitated persons and minors in this state.

","history":"(Acts 1987, No. 87-590, p. 975, §1-301.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25271,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24829,"codeId":4484,"versionId":3554,"parentId":4469,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-32","shortTitle":"Section 26-2A-32","catchLine":"Venue; Multiple Proceedings; Transfer.","title":"Section 26-2A-32 Venue; Multiple Proceedings; Transfer.","sectionRange":null,"content":"

(a) If a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.

(b) If proceedings concerning the same estate, protected person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. Any other court shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.

(c) If the court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court may transfer the proceeding or file to the other court.

","history":"(Acts 1987, No. 87-590, p. 975, §1-303.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25272,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24830,"codeId":4476,"versionId":32892,"parentId":4469,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-31","shortTitle":"Section 26-2A-31","catchLine":"Subject Matter Jurisdiction.","title":"Section 26-2A-31 Subject Matter Jurisdiction.","sectionRange":null,"content":"

(a) To the full extent permitted by the constitution and as permitted under Article 2 of Chapter 2B of this title, the court has jurisdiction over all subject matter relating to estates of protected persons and protection of minors and incapacitated persons.

(b) The court has full power to make order, judgments, and decrees and take all other action necessary and proper to administer justice in the matters that come before it.

(c) The court has jurisdiction over protective proceedings and guardianship proceedings.

(d) If both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

(e) No provision of this chapter shall be construed to void, abate, or diminish the powers or equity jurisdiction, when invoked, heretofore or hereafter granted by statute to certain probate courts.

","history":"(Acts 1987, No. 87-590, p. 975, §1-302; Act 2010-500, p. 782, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25273,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24831,"codeId":4490,"versionId":3560,"parentId":4469,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-33","shortTitle":"Section 26-2A-33","catchLine":"Practice in Court.","title":"Section 26-2A-33 Practice in Court.","sectionRange":null,"content":"

Unless specifically provided to the contrary in this chapter or inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern proceedings under this chapter.

","history":"(Acts 1987, No. 87-590, p. 975, §1-304.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25274,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24832,"codeId":4497,"versionId":3571,"parentId":4469,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-34","shortTitle":"Section 26-2A-34","catchLine":"Records and Certified Copies.","title":"Section 26-2A-34 Records and Certified Copies.","sectionRange":null,"content":"

The clerk of court shall keep a record for each ward or protected person involved in any document that may be filed with the court under this chapter, including petitions, requests, and any orders or responses by the court relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the required fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator or of any other document filed or recorded. Certificates relating to letters must show the date of appointment.

","history":"(Acts 1987, No. 87-590, p. 975, §1-305.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25275,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24833,"codeId":4510,"versionId":3574,"parentId":4469,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-35","shortTitle":"Section 26-2A-35","catchLine":"Jury Trial.","title":"Section 26-2A-35 Jury Trial.","sectionRange":null,"content":"

(a) Except for proceedings in a court having general equity jurisdiction, a party is entitled to a trial by a jury of six disinterested persons in any proceeding to determine the incapacity of the individual and in other proceedings as to which a party has a constitutional right or a right under this chapter to a trial by jury. In any proceeding in a court having general equity jurisdiction, the right to trial by jury shall be determined under Alabama Rules of Civil Procedure, Rule 38.

(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.

","history":"(Acts 1987, No. 87-590, p. 975, §1-306.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25276,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24834,"codeId":4516,"versionId":3577,"parentId":4469,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-36","shortTitle":"Section 26-2A-36","catchLine":"Appeals.","title":"Section 26-2A-36 Appeals.","sectionRange":null,"content":"

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter 22, and the Alabama Rules of Appellate Procedure, as applicable, but in proceedings in which jury trial has been had as a matter of right the rules applicable to the scope of review in jury cases apply.

","history":"(Acts 1987, No. 87-590, p. 975, §1-307.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25277,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24835,"codeId":4526,"versionId":null,"parentId":4373,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Notice, Parties, and Representation in Guardianship and Protective Proceedings.","title":"Division 4 Notice, Parties, and Representation in Guardianship and Protective Proceedings.","sectionRange":"§26-2A-50 to §26-2A-54","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25278,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24837,"codeId":4533,"versionId":3586,"parentId":4526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-51","shortTitle":"Section 26-2A-51","catchLine":"Notice; Waiver.","title":"Section 26-2A-51 Notice; Waiver.","sectionRange":null,"content":"

A person, including a guardian, guardian ad litem, conservator, or other fiduciary, may waive notice by a signed writing. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive notice.

","history":"(Acts 1987, No. 87-590, p. 975, §1-402.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25280,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24838,"codeId":4540,"versionId":3591,"parentId":4526,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"26-2A-52","shortTitle":"Section 26-2A-52","catchLine":"Guardian Ad Litem. (Amended by 2026-488)","title":"Section 26-2A-52 Guardian Ad Litem. (Amended by 2026-488)","sectionRange":null,"content":"

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.

At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests.

","history":"(Acts 1987, No. 87-590, p. 975, §1-403.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25281,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24839,"codeId":4546,"versionId":3596,"parentId":4526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-53","shortTitle":"Section 26-2A-53","catchLine":"Request for Notice; Interested Person.","title":"Section 26-2A-53 Request for Notice; Interested Person.","sectionRange":null,"content":"

Upon payment of any required fee, an interested person who desires to be notified before any order is made in a guardianship proceeding, including any proceeding subsequent to the appointment of a guardian under Section 26-2A-111, or in a protective proceeding under Section 26-2A-130, may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the guardian and to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to proceedings occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.

","history":"(Acts 1987, No. 87-590, p. 975, §1-404.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25283,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24840,"codeId":4568,"versionId":null,"parentId":4372,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Protection of Persons Under Disability and Their Property.","title":"Article 2 Protection of Persons Under Disability and Their Property.","sectionRange":"§26-2A-70 to §26-2A-160","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25285,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24841,"codeId":4570,"versionId":null,"parentId":4568,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"Guardians of Minors.","title":"Division 1 Guardians of Minors.","sectionRange":"§26-2A-70 to §26-2A-81","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25286,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24842,"codeId":4571,"versionId":3615,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-70","shortTitle":"Section 26-2A-70","catchLine":"Appointment and Status of Guardian of Minor.","title":"Section 26-2A-70 Appointment and Status of Guardian of Minor.","sectionRange":null,"content":"

A person may become a guardian of a minor by parental appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor ward.

","history":"(Acts 1987, No. 87-590, p. 975, §2-101.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25287,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24843,"codeId":4578,"versionId":3620,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-71","shortTitle":"Section 26-2A-71","catchLine":"Parental Appointment of Guardian for Minor.","title":"Section 26-2A-71 Parental Appointment of Guardian for Minor.","sectionRange":null,"content":"

(a) The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged.

(b) Subject to the right of the minor under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian seasonably files an acceptance in the court in which a nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court at the place where the minor resides or is present. If two or more appointments are made, the latter in time has priority, and if both parents are dead or incapacitated, an effective appointment by the parent, who was eligible to make the appointment and who dies or became incapacitated later in time, has priority.

(c) A parental appointment effected by filing the guardian’s acceptance under a will probated in the state of the testator’s domicile is effective in this state.

(d) Upon acceptance of appointment, the guardian shall give written notice as to when the appointment is effective to the minor and to the person having the minor’s care or the minor’s nearest adult relative.

","history":"(Acts 1987, No. 87-590, p. 975, §2-102.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25288,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24844,"codeId":4587,"versionId":3627,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-72","shortTitle":"Section 26-2A-72","catchLine":"Objection by Minor of 14 or Older to Parental Appointment.","title":"Section 26-2A-72 Objection by Minor of 14 or Older to Parental Appointment.","sectionRange":null,"content":"

A minor 14 or more years of age who is the subject of a parental appointment may prevent the appointment or cause it to terminate by filing in the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within 30 days after receiving notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the parental nominee or any other suitable person.

","history":"(Acts 1987, No. 87-590, p. 975, §2-103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25289,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24845,"codeId":4594,"versionId":3631,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-73","shortTitle":"Section 26-2A-73","catchLine":"Court Appointment of Guardian of Minor; Conditions for Appointment.","title":"Section 26-2A-73 Court Appointment of Guardian of Minor; Conditions for Appointment.","sectionRange":null,"content":"

(a) The court may appoint a guardian for an unmarried minor if all parental rights have been terminated or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71 whose appointment has not been prevented or nullified under Section 26-2A-72 has priority over any guardian who may be appointed by the court, but the court may proceed with another appointment upon a finding that the parental nominee has failed to accept the appointment within 30 days after notice of the guardianship proceeding.

(b) If necessary, and on appropriate petition or application, the court may appoint a temporary guardian who shall have the full authority of a general guardian of a minor, but the authority of a temporary guardian may not last longer than six months. The appointment of a temporary guardian for a minor may occur even though the conditions described in subsection (a) have not been established.

","history":"(Acts 1987, No. 87-590, p. 975, §2-104; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25290,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24846,"codeId":4601,"versionId":3638,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-74","shortTitle":"Section 26-2A-74","catchLine":"Venue.","title":"Section 26-2A-74 Venue.","sectionRange":null,"content":"

The venue for guardianship proceedings for a minor pursuant to Section 26-2A-73 is in the court at the place where the minor resides or is present at the time the proceedings are commenced.

","history":"(Acts 1987, No. 87-590, p. 975, §2-105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25291,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24847,"codeId":4607,"versionId":3644,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-75","shortTitle":"Section 26-2A-75","catchLine":"Procedure for Court-Appointment of Guardian of Minor.","title":"Section 26-2A-75 Procedure for Court-Appointment of Guardian of Minor.","sectionRange":null,"content":"

(a) A minor or any person interested in the welfare of the minor may petition for appointment of a guardian.

(b) After the filing of a petition, the court shall set a date for hearing, and the petitioner shall give notice of the time and place of hearing the petition in the manner prescribed by Section 26-2A-50 to:

(1) The minor, if 14 or more years of age and not the petitioner;

(2) Any person alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and

(3) Any living parent of the minor.

(c) Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper, the required notices have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interest of the minor.

(d) If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.

","history":"(Acts 1987, No. 87-590, p. 975, §2-106.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25292,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24848,"codeId":4613,"versionId":3650,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-76","shortTitle":"Section 26-2A-76","catchLine":"Court Appointment of Guardian of Minor; Qualifications; Priority of Minor’s Nominee.","title":"Section 26-2A-76 Court Appointment of Guardian of Minor; Qualifications; Priority of Minor’s Nominee.","sectionRange":null,"content":"

The court may appoint as guardian any person whose appointment would be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 or more years of age, unless the court finds the appointment contrary to the best interest of the minor.

","history":"(Acts 1987, No. 87-590, p. 975, §2-107.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25293,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24849,"codeId":4622,"versionId":3658,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-77","shortTitle":"Section 26-2A-77","catchLine":"Consent to Service by Acceptance of Appointment; Notice.","title":"Section 26-2A-77 Consent to Service by Acceptance of Appointment; Notice.","sectionRange":null,"content":"

By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the guardian at the guardian’s address listed in the court records and to the address then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by court order or parental appointment.

","history":"(Acts 1987, No. 87-590, p. 975, §2-108.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25294,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24850,"codeId":4629,"versionId":3664,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-78","shortTitle":"Section 26-2A-78","catchLine":"Powers and Duties of Guardian of Minor.","title":"Section 26-2A-78 Powers and Duties of Guardian of Minor.","sectionRange":null,"content":"

(a) A guardian of a minor ward has the powers and responsibilities of a parent regarding the ward’s health, support, education, or maintenance, but a guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for acts of the ward.

(b) In particular and without qualifying the foregoing, a guardian shall:

(1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities, and physical and mental health;

(2) Take reasonable care of the ward’s personal effects and commence protective proceedings if necessary to protect other property of the ward;

(3) Apply any available money of the ward to the ward’s current needs for health, support, education, or maintenance;

(4) Conserve any excess money of the ward for the ward’s future needs, but if a conservator has been appointed for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator money of the ward to be conserved for the ward’s future needs; and

(5) Report the condition of the ward and of the ward’s estate that has been subject to the guardian’s possession or control, as ordered by the court on petition of any person interested in the ward’s welfare or as required by court rule.

(c) A guardian may:

(1) Receive money payable for the support of the ward to the ward’s parent, guardian, or custodian under the terms of any statutory benefit or insurance system or any private contract, devise, trust, conservatorship, or custodianship, and money or property of the ward paid or delivered pursuant to Section 26-2A-6;

(2) If consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, take custody of the person of the ward and establish the ward’s place of abode within or without this state;

(3) If no conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward;

(4) Consent to medical or other professional care, treatment, or advice for the ward without liability by reason of the consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances;

(5) Consent to the marriage or adoption of the ward; and

(6) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward’s well-being.

(d) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing personally provided to the ward, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court controlling the guardian.

(e) In the interest of developing self-reliance on the part of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the minor or other interested person, may limit the powers of a guardian otherwise conferred by this section and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of a minor must be endorsed on the guardian’s letters or, in the case of a guardian by parental appointment, must be reflected in letters that are issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed and appropriate letters issued.

","history":"(Acts 1987, No. 87-590, p. 975, §2-109.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25295,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24851,"codeId":4635,"versionId":3670,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-79","shortTitle":"Section 26-2A-79","catchLine":"Termination of Appointment of Guardian; General.","title":"Section 26-2A-79 Termination of Appointment of Guardian; General.","sectionRange":null,"content":"

A guardian’s authority and responsibility terminate upon the death, resignation, or removal of the guardian or upon the minor’s death, adoption, marriage, or attainment of majority, but termination does not affect the guardian’s liability for prior acts or the obligation to account for funds and assets of the ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.

","history":"(Acts 1987, No. 87-590, p. 975, §2-110.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25296,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24852,"codeId":4641,"versionId":3674,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-80","shortTitle":"Section 26-2A-80","catchLine":"Proceedings Subsequent to Appointment; Venue.","title":"Section 26-2A-80 Proceedings Subsequent to Appointment; Venue.","sectionRange":null,"content":"

(a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship.

(b) If the court at the place where the ward resides is neither the appointing court nor the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate cases shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian must be sent to the appointing court or the court in which acceptance of appointment is filed.

","history":"(Acts 1987, No. 87-590, p. 975, §2-111.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25297,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24853,"codeId":4648,"versionId":3681,"parentId":4570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-81","shortTitle":"Section 26-2A-81","catchLine":"Resignation, Removal, and Other Post-Appointment Proceedings.","title":"Section 26-2A-81 Resignation, Removal, and Other Post-Appointment Proceedings.","sectionRange":null,"content":"

(a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given, as prescribed in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.

(c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

(d) If the court determines at any time in the proceeding that the interest of the ward is or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.

","history":"(Acts 1987, No. 87-590, p. 975, §2-112.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25298,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24854,"codeId":4663,"versionId":null,"parentId":4568,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Guardians of Incapacitated Persons.","title":"Division 2 Guardians of Incapacitated Persons.","sectionRange":"§26-2A-100 to §26-2A-111","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25299,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24855,"codeId":4665,"versionId":3694,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-100","shortTitle":"Section 26-2A-100","catchLine":"Appointment of Guardian for Incapacitated Person by Will or Other Writing.","title":"Section 26-2A-100 Appointment of Guardian for Incapacitated Person by Will or Other Writing.","sectionRange":null,"content":"

(a) The parent of an unmarried incapacitated person may appoint by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated, a parental appointment becomes effective when, after having given seven days’ prior written notice of intention to do so to the incapacitated person and to the person having the care of the person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated, or in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.

(b) The spouse of a married incapacitated person may appoint by will, or other writing signed by the spouse and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days’ prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated or, in the case of nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. An effective appointment by a spouse has priority over an appointment by a parent.

(c) An appointment effected by filing the guardian’s acceptance under a will probated in the state of the decedent’s domicile is effective in this state.

(d) Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment or guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under the succeeding sections of this division.

","history":"(Acts 1987, No. 87-590, p. 975, §2-201.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25300,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24856,"codeId":4670,"versionId":3697,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-101","shortTitle":"Section 26-2A-101","catchLine":"Venue.","title":"Section 26-2A-101 Venue.","sectionRange":null,"content":"

The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present at the time the proceedings are commenced. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court is located.

","history":"(Acts 1987, No. 87-590, p. 975, §2-202.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25301,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24857,"codeId":4678,"versionId":24280,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-102","shortTitle":"Section 26-2A-102","catchLine":"Court Appointment of Guardian for Incapacitated Person.","title":"Section 26-2A-102 Court Appointment of Guardian for Incapacitated Person.","sectionRange":null,"content":"

(a) Except as provided by subsection (e), an incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian.

(b) After the filing of a petition, the court shall set a date for hearing on the issue of incapacity so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated person is represented by counsel, appoint an attorney to represent the person in the proceeding. The person so appointed may be granted the powers and duties of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician or other qualified person appointed by the court who shall submit a report in writing to the court. The person alleged to be incapacitated also shall be interviewed by a court representative sent by the court. The court representative also shall interview the person who appears to have caused the petition to be filed and any person who is nominated to serve as guardian and visit the present place of abode of the person alleged to be incapacitated and the place it is proposed that the person will be detained or reside if the appointment is made and submit a report in writing to the court. The court may utilize the service of any public or charitable agency as an additional court representative to evaluate the condition of the allegedly incapacitated person and to make appropriate recommendations to the court.

(c) A person alleged to be incapacitated is entitled to be present at the hearing in person. The person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35. The issue may be determined at a closed hearing if the person alleged to be incapacitated or counsel for the person so requests.

(d) Any person may apply for permission to participate in the proceeding, and the court may grant the request, with or without hearing, upon determining that the best interest of the alleged incapacitated person will be served thereby. The court may attach appropriate conditions to the permission.

(e) The custodial parent or parents or an adult custodial sibling of an adult child who is incapacitated by reason of an intellectual disability, may file, in lieu of a petition, a written request to be appointed guardian of his or her adult child or his or her adult sibling in order to continue performing custodial and other parental responsibilities or family responsibilities, or both responsibilities, for the child after the child has passed his or her minority. The court may waive any or all procedural requirements of the Uniform Guardianship Act, including notice and service, and appointments, and interviews. The adult child alleged to be incapacitated shall have had an examination by a physician or other qualified person and furnish a written report of the findings to the court.

In lieu of a hearing, the probate court shall hold an informal hearing with the custodial parent or custodial parents or custodial adult sibling requesting the guardianship, the adult child for whom the guardianship is sought, and a guardian ad litem for the adult child chosen by the judge of probate.

Following the interview, the court may do any of the following:

(1) Issue an order appointing the custodial parent or custodial parents or custodial sibling as guardian of the adult child as in any other proceeding pursuant to this section.

(2) Deny the request for appointment as guardian pursuant to the special proceedings allowed only for a custodial parent or custodial parents or custodial sibling.

(3) Delay a determination on the request to gather additional information in compliance with one or more of the usual requirements for appointments, interviews, or examinations by physicians or other qualified persons.

","history":"(Acts 1987, No. 87-590, p. 975, §2-203; Act 2000-711, p. 1507, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25302,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24859,"codeId":4689,"versionId":3711,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-104","shortTitle":"Section 26-2A-104","catchLine":"Who May Be Guardian; Priorities.","title":"Section 26-2A-104 Who May Be Guardian; Priorities.","sectionRange":null,"content":"

(a) Any qualified person may be appointed guardian of an incapacitated person.

(b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of attorney.

(c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed:

(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;

(2) An adult child of the incapacitated person;

(3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged;

(4) Any relative of the incapacitated person with whom the person has resided for more than six months prior to the filing of the petition; and

(5) A person nominated by the person who is caring for or paying for the care of the incapacitated person.

(d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person may pass over a person having priority and appoint a person having a lower priority or no priority.

","history":"(Acts 1987, No. 87-590, p. 975, §2-205.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25304,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24860,"codeId":4696,"versionId":3717,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-104.1","shortTitle":"Section 26-2A-104.1","catchLine":"Corporations as Guardians for Developmentally Disabled.","title":"Section 26-2A-104.1 Corporations as Guardians for Developmentally Disabled.","sectionRange":null,"content":"

(a) The term “developmentally disabled” means a person whose impairment of general intellectual functioning or adaptive behavior which is manifested before the person attains the age of 22 and results in intellectual disability, cerebral palsy, epilepsy or autism and as defined in Public Law 98-527, the Developmental Disabilities Assistance and Bill of Rights Act (Section 102(7)).

(b) A private non-profit corporation organized under the laws of Alabama and qualified under the Internal Revenue Code as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as guardian for persons with developmental disabilities and who has been determined by the probate court to need some degree of guardianship; provided that those corporations qualifying under this section shall be governed by a board of directors which shall have no fewer than 35 percent of its membership representing parents or siblings of persons with developmental disabilities. Further such corporation shall be established in perpetuity to provide a lifetime of service to those persons placed under their care. In no case shall a corporation appointed under this section engage in providing direct or indirect services to the wards/protective persons under its care or take any other action that could be considered a conflict of interest.

(c) The Alabama Department of Mental Health shall assist the courts in their implementation of this section and shall develop guidelines for the provision of guardianship services by corporations appointed under this section.

","history":"(Acts 1991, No. 91-547, p. 1009, §§1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25305,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24861,"codeId":4705,"versionId":3723,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-105","shortTitle":"Section 26-2A-105","catchLine":"Findings; Order of Appointment.","title":"Section 26-2A-105 Findings; Order of Appointment.","sectionRange":null,"content":"

(a) The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person’s mental and adaptive limitations or other conditions warranting the procedure.

(b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person. The court, on appropriate findings, may (i) treat the petition as one for a protective order under Section 26-2A-130 and proceed accordingly, (ii) enter any other appropriate order, or (iii) dismiss the proceedings.

(c) The court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, may limit the powers of a guardian otherwise conferred by this chapter and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of an incapacitated person must be endorsed on the guardian’s letters or, in the case of a guardian by parental or spousal appointment, must be reflected in letters issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed or modified and appropriate letters issued.

","history":"(Acts 1987, No. 87-590, p. 975, §2-206.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25306,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24862,"codeId":4711,"versionId":3729,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-106","shortTitle":"Section 26-2A-106","catchLine":"Acceptance of Appointment; Consent to Jurisdiction.","title":"Section 26-2A-106 Acceptance of Appointment; Consent to Jurisdiction.","sectionRange":null,"content":"

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be delivered or mailed to the guardian at the address listed in the court records and at the address as then known to the petitioner.

","history":"(Acts 1987, No. 87-590, p. 975, §2-207.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25307,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24863,"codeId":4719,"versionId":38757,"parentId":4663,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"26-2A-107","shortTitle":"Section 26-2A-107","catchLine":"Emergency Orders; Temporary Guardians. (Repealed by Act 2026-488)","title":"Section 26-2A-107 Emergency Orders; Temporary Guardians. (Repealed by Act 2026-488)","sectionRange":null,"content":"

THIS SECTION WAS REPEALED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027.

(a) If an incapacitated person has no guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, on appropriate petition the court, without notice, may appoint a temporary guardian whose authority may not extend beyond 30 days and who may exercise those powers granted in the order.

(b) If the appointed guardian is not effectively performing duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may appoint, with or without notice, a temporary guardian for the incapacitated person having the powers of a general guardian for a specified period not to exceed six months. The authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority.

(c) The court may remove a temporary guardian at any time. A temporary guardian shall make any report and comply with any conditions the court imposes or requires. In other respects the provisions of this chapter concerning guardians apply to temporary guardians.

","history":"(Acts 1987, No. 87-590, p. 975, §2-208; Act 2015-464, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25308,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24864,"codeId":4726,"versionId":40415,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-108","shortTitle":"Section 26-2A-108","catchLine":"General Powers and Duties of Guardian.","title":"Section 26-2A-108 General Powers and Duties of Guardian.","sectionRange":null,"content":"

(a) Except as limited pursuant to Section 26-2A-105(c), a guardian of an incapacitated person is responsible for health, support, education, or maintenance of the ward, but is not liable to third persons by reason of that responsibility for acts of the ward. In particular and without qualifying the foregoing, a guardian has the same duties, powers, and responsibilities as a guardian for a minor as described in Section 26-2A-78(b), (c), and (d).

(b) Except as provided in Division 2A, in addition to the duties, powers, and responsibilities of a guardian described in subsection (a), a guardian of an incapacitated person has the power to limit or enforce the ward’s right to visitation or communication with anyone, including the right to receive visitors, telephone calls, and personal mail.

","history":"(Acts 1987, No. 87-590, p. 975, §2-209; Act 2016-404, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25311,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24865,"codeId":4729,"versionId":32893,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-109","shortTitle":"Section 26-2A-109","catchLine":"Termination of Guardianship for Incapacitated Person.","title":"Section 26-2A-109 Termination of Guardianship for Incapacitated Person.","sectionRange":null,"content":"

The authority and responsibility of a guardian of an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, upon transfer to another state as provided in Section 26-2B-301, or upon removal or resignation as provided in Section 26-2A-110. Termination does not affect a guardian’s liability for prior acts or the obligation to account for funds and assets of the ward.

","history":"(Acts 1987, No. 87-590, p. 975, §2-210; Act 2010-500, p. 782, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25312,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24866,"codeId":4738,"versionId":3748,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-110","shortTitle":"Section 26-2A-110","catchLine":"Removal or Resignation of Guardian; Termination of Incapacity.","title":"Section 26-2A-110 Removal or Resignation of Guardian; Termination of Incapacity.","sectionRange":null,"content":"

(a) On petition of the ward or any person interested in the ward’s welfare, or on its own motion, the court, after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition of the guardian, the court, after hearing, may accept a resignation.

(b) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.

(c) Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a ward’s incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian.

","history":"(Acts 1987, No. 87-590, p. 975, §2-211.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25313,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24867,"codeId":4743,"versionId":3752,"parentId":4663,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-111","shortTitle":"Section 26-2A-111","catchLine":"Proceedings Subsequent to Appointment; Venue.","title":"Section 26-2A-111 Proceedings Subsequent to Appointment; Venue.","sectionRange":null,"content":"

(a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed.

(b) If the court at the place where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced, in all appropriate cases, shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation, removing a guardian, or altering authority must be sent to the court in which acceptance of appointment is filed.

","history":"(Acts 1987, No. 87-590, p. 975, §2-212.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25314,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24868,"codeId":48634,"versionId":null,"parentId":4568,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2A","shortTitle":"Division 2A","catchLine":"Guardians of Incapacitated Persons.","title":"Division 2A Guardians of Incapacitated Persons.","sectionRange":"§26-2A-112 to §26-2A-117","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25315,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24869,"codeId":48628,"versionId":40670,"parentId":48634,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-112","shortTitle":"Section 26-2A-112","catchLine":"Definitions.","title":"Section 26-2A-112 Definitions.","sectionRange":null,"content":"

For the purposes of this division, the following terms have the following meanings:

(1) RELATIVE. A sibling, child, parent, grandparent, or grandchild of a ward or a person who shares this same relationship through adoption or a spouse of the ward.

(2) VISITATION. Any in-person meeting or any telephonic mail or electronic communication between a ward and his or her relative.

(3) VISITATION ORDER. An order issued by the court after notice and hearing regarding the visitation with a ward by his or her relative specifying the approval or disapproval of any visitation and the specifics of that visitation including, but not limited to, the time, place, and manner of the visitation.

(4) WARD. An adult who is a ward as defined in Section 26-2A-20.

","history":"(Act 2016-404, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25316,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24870,"codeId":48629,"versionId":40671,"parentId":48634,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-113","shortTitle":"Section 26-2A-113","catchLine":"Petition to Compel Visitation.","title":"Section 26-2A-113 Petition to Compel Visitation.","sectionRange":null,"content":"

(a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated.

(b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward.

(c) On motion of either the petitioner or the guardian or the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division.

(d) The petition shall state all of the following information:

(1) The condition of the ward’s physical and mental health, to the extent known by the petitioner.

(2) The efforts to obtain visitation with the ward.

(3) The proposed visitation that is sought.

(4) The deficit or deficits, if any, in the ward’s mental functions that are impaired and an identification of a link between the deficit or deficits and the ward’s inability to respond knowingly and intelligently to queries about the requested visitation.

(5) The names and addresses, so far as they are known to the petitioner, of the spouse and relatives of the first degree of the ward.

(e) The court shall provide notice not less than 14 days before the hearing in the manner specified in Section 26-2A-103, unless the hearing is an emergency hearing pursuant to subsection (g), in which case, notice shall be given as soon as practicable.

(f) A determination by the court regarding capacity under this section may not be used as evidence of capacity in any other proceeding.

(g) If the petition filed under subsection (a) states that the ward’s health is in significant decline or that the ward’s death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than 10 days after the date the petition is filed under subsection (a).

","history":"(Act 2016-404, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25317,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24871,"codeId":48630,"versionId":40672,"parentId":48634,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-114","shortTitle":"Section 26-2A-114","catchLine":"Investigation and Report.","title":"Section 26-2A-114 Investigation and Report.","sectionRange":null,"content":"

Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following:

(1) Conduct interviews with the following:

a. The ward

b. All petitioners.

c. The relatives of the ward.

d. To the extent practical, neighbors and, if known, close friends of the ward.

(2) Inform the ward of the contents of the petition.

(3) Determine whether the ward has the capacity to consent to the requested visitation.

(4) Determine whether the ward desires the proposed visitation.

(5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive.

(6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following:

a. The petitioner or his or her attorney, if any.

b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation.

c. The guardian.

d. Any other person as the court orders.

(7) The report required by this section is confidential and shall be made available only to the parties, persons described in subdivision (6), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court.

(8) If the court investigator has performed an investigation within the preceding 12 months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.

","history":"(Act 2016-404, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25318,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24872,"codeId":48631,"versionId":40673,"parentId":48634,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-115","shortTitle":"Section 26-2A-115","catchLine":"Hearing; Orders.","title":"Section 26-2A-115 Hearing; Orders.","sectionRange":null,"content":"

(a) In ruling on the petition, the court shall conduct a hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent visitation decision based on evidence presented.

(b) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision and the ward expresses a desire for visitation with the petitioner, the court shall order visitation.

(c) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision, but does not desire visitation with the petitioner, the court shall not order visitation.

(d) If the court determines that the ward does not have capacity to make a knowing and intelligent visitation decision, the court shall determine whether to order visitation based on the best interest of the ward as determined by the evidence presented to the court.

(e) The court shall order the petitioner to pay the court costs and reasonable fees and expenses of any attorney or court representative appointed under this division.

","history":"(Act 2016-404, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25319,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24873,"codeId":48632,"versionId":40674,"parentId":48634,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-116","shortTitle":"Section 26-2A-116","catchLine":"Notice Requirements.","title":"Section 26-2A-116 Notice Requirements.","sectionRange":null,"content":"

(a) Except as provided under subsection (b), provided the relative has supplied the guardian with his or her current contact information, the guardian shall as soon as practicable inform relatives of any of the following:

(1) The ward dies.

(2) The ward is admitted to a medical facility for acute or chronic care for a period of three days or more.

(3) The ward’s residence has changed.

(4) The ward is staying at a location other than the ward’s residence for a period that exceeds one calendar week.

(5) In the case of the ward’s death, the guardian shall inform relatives of any funeral arrangements and the location of the ward’s final resting place.

(b) The court shall relieve a guardian of the duty to provide notice to a relative under this division, if the court finds that:

(1) The relative entitled to notice about the ward has submitted a written request to the guardian electing not to receive notice about a ward’s health and residence.

(2) A protective order was issued against the relative to protect the ward.

(3) The court ordered that the relative not be given this information.

","history":"(Act 2016-404, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25320,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24874,"codeId":48633,"versionId":40675,"parentId":48634,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-117","shortTitle":"Section 26-2A-117","catchLine":"Jurisdiction of Court.","title":"Section 26-2A-117 Jurisdiction of Court.","sectionRange":null,"content":"

The court has continuing jurisdiction to revoke or modify an order made pursuant to this division upon a petition filed, noticed, and heard in the same manner as the original petition was filed.

","history":"(Act 2016-404, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25321,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24875,"codeId":4753,"versionId":null,"parentId":4568,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Protection of Property of Persons Under Disability and Minors.","title":"Division 3 Protection of Property of Persons Under Disability and Minors.","sectionRange":"§26-2A-130 to §26-2A-160","content":null,"history":null,"numChildren":32,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25322,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24876,"codeId":4754,"versionId":3760,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-130","shortTitle":"Section 26-2A-130","catchLine":"Protective Proceedings.","title":"Section 26-2A-130 Protective Proceedings.","sectionRange":null,"content":"

(a) Upon petition and after notice and hearing in accordance with the provisions of this division, the court may appoint a conservator or make any other protective order for cause as provided in this section.

(b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns funds or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for health, support, education, or maintenance and that protection is necessary or desirable to obtain or provide funds.

(c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (i) the person is unable to manage property and business affairs effectively for such reasons as mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and that (ii) (aa) the person has property that will be wasted or dissipated unless property management is provided, or that (bb) funds are needed for the health, support, education, or maintenance of the person or of those entitled to the person’s support and that protection is necessary or desirable to obtain or provide the funds.

","history":"(Acts 1987, No. 87-590, p. 975, §2-301.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25323,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24877,"codeId":4762,"versionId":32894,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-131","shortTitle":"Section 26-2A-131","catchLine":"Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.","title":"Section 26-2A-131 Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.","sectionRange":null,"content":"

Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:

(1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; and

(2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, the protected person’s dependents, or other claimants.

","history":"(Acts 1987, No. 87-590, p. 975, §2-302; Act 2010-500, p. 782, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25324,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24878,"codeId":4768,"versionId":3766,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-132","shortTitle":"Section 26-2A-132","catchLine":"Venue.","title":"Section 26-2A-132 Venue.","sectionRange":null,"content":"

Venue for proceedings under this division is:

(1) In the court at the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or

(2) If the person to be protected does not reside in this state, in the court at any place where property of the person is located.

","history":"(Acts 1987, No. 87-590, p. 975, §2-203.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25325,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24879,"codeId":4773,"versionId":3770,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-133","shortTitle":"Section 26-2A-133","catchLine":"Original Petition for Appointment or Protective Order.","title":"Section 26-2A-133 Original Petition for Appointment or Protective Order.","sectionRange":null,"content":"

(a) The person to be protected or any person who is interested in the estate, affairs, or welfare of the person, including a parent, child, guardian, custodian, or any person who would be adversely affected by lack of effective management of the person’s property and business affairs may petition for the appointment of a conservator or for other appropriate protective order.

(b) The petition must set forth to the extent known the interest of the petitioner; the name, age, residence, and address of the person to be protected; the names and addresses of all persons, known to the petitioner, who must be given notice, a general statement of the person’s property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which the person is entitled; the reason why appointment of a conservator or other protective order is necessary, and whether bond has been relieved. If the appointment of a conservator is requested, the petition must also set forth the name and address of the person whose appointment is sought and the basis of the claim to priority for appointment.

","history":"(Acts 1987, No. 87-590, p. 975, §2-304.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25326,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24880,"codeId":4779,"versionId":3776,"parentId":4753,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"26-2A-134","shortTitle":"Section 26-2A-134","catchLine":"Notice. (Amended by 2026-488)","title":"Section 26-2A-134 Notice. (Amended by 2026-488)","sectionRange":null,"content":"

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.

(a) On a petition for appointment of a conservator or other protective order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person to be protected has disappeared or is otherwise situated so as to make personal service of notice impracticable, notice to the person must be given by publication as provided in Section 26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section 26-2A-75 also apply.

(b) Notice, as described in Section 26-2A-103, of any hearing on a petition for an order subsequent to appointment of a conservator or other protective order must be given to the protected person, any conservator of the protected person’s estate, and any other person as ordered by the court.

","history":"(Acts 1987, No. 87-590, p. 975, §2-305.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25327,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24881,"codeId":4785,"versionId":3780,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-135","shortTitle":"Section 26-2A-135","catchLine":"Procedure Concerning Hearing and Order on Original Petition.","title":"Section 26-2A-135 Procedure Concerning Hearing and Order on Original Petition.","sectionRange":null,"content":"

(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing. If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 or more years of age. An attorney appointed by the court to represent a minor may be granted the powers and duties of a guardian ad litem.

(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has chosen counsel, the court shall appoint an attorney to represent the person who may be granted the powers and duties of a guardian ad litem. If the alleged disability is mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, or chronic intoxication, the court must direct that the person to be protected be examined by a physician or other qualified person designated by the court, preferably one who is not connected with any institution in which the person is a patient or is detained. The court may send a court representative to interview the person to be protected. The court representative may be a guardian ad litem or an officer or employee of the court.

(c) The court may utilize, as an additional court representative, the service of any public or charitable agency to evaluate the condition of the person to be protected and make appropriate recommendations to the court.

(d) The person to be protected is entitled to be present at the hearing in person. When the person to be protected is not present in person at the hearing, the court, before proceeding at the hearing in the person’s absence, must determine that the person’s absence is in the best interest of the person to be protected. At the request of the person to be protected, the person is entitled to be represented by counsel, at the person’s expense, to present evidence, to cross-examine witnesses, including any court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35. The issue may be determined at a closed hearing if the person to be protected or counsel for the person so requests.

(e) Any person may apply for permission to participate in the proceeding and the court may grant the request, with or without hearing, upon determining that the best interest of the person to be protected will be served thereby. The court may attach appropriate conditions to the permission.

(f) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.

","history":"(Acts 1987, No. 87-590, p. 975, §2-306.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25329,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24882,"codeId":4796,"versionId":3788,"parentId":4753,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"26-2A-136","shortTitle":"Section 26-2A-136","catchLine":"Permissible Court Orders. (Amended by 2026-488)","title":"Section 26-2A-136 Permissible Court Orders. (Amended by 2026-488)","sectionRange":null,"content":"

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.

(a) The court shall exercise the authority conferred in this division to encourage the development of maximum self-reliance and independence of a protected person and make protective orders only to the extent necessitated by the protected person’s mental and adaptive limitations and other conditions warranting the procedure.

(b) The court has the following powers that may be exercised directly or through a conservator in respect to the estate and business affairs of a protected person:

(1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice, the court may preserve and apply the property of the person to be protected as may be required for the support of the person or dependents of the person.

(2) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and business affairs of the minor which are or may be necessary for the best interest of the minor and members of minor’s immediate family.

(3) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court, for the benefit of the person and members of the person’s immediate family, has all the powers over the estate and business affairs which the person could exercise if present and not under disability, except the power to make a will. Subject to subsection (c), those powers include, but are not limited to, power to make gifts; to convey or release contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected person as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts of property of the estate which may extend beyond the disability or life of the protected person; to exercise options of the protected person to purchase securities or other property; to exercise rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value; to exercise any right to an elective share in the state of the person’s deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer.

(c) The court may exercise or direct the exercise of the following powers only if satisfied, after notice and hearing, that it is in the best interest of the protected person, and that the person either is incapable of consenting or has consented to the proposed exercise of power:

(1) To exercise or release powers of appointments of which the protected person is done;

(2) To renounce or disclaim interests;

(3) To make gifts in trust or otherwise exceeding in the aggregate 20 percent of the year’s income of the estate; and

(4) To change beneficiaries under insurance and annuity policies.

(d) Except for the disability necessitating the appointment, a determination that a basis for appointment of a conservator or other protective order exists has no effect otherwise on the capacity of the protected person. A conservator has all the powers granted by this section, unless specifically limited by the court. A protected person does not have or possess powers granted to the conservator.

","history":"(Acts 1987, No. 87-590, p. 975, §2-307.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25330,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24883,"codeId":4803,"versionId":40930,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-137","shortTitle":"Section 26-2A-137","catchLine":"Protective Arrangements and Single Transactions Authorized.","title":"Section 26-2A-137 Protective Arrangements and Single Transactions Authorized.","sectionRange":null,"content":"

(a) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of property, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust.

(b) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person’s property and business affairs, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person, if the court determines that the transaction is in the best interest of the protected person.

(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.

","history":"(Acts 1987, No. 87-590, p. 975, §2-308; Act 2017-245, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25333,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24884,"codeId":4811,"versionId":3799,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-138","shortTitle":"Section 26-2A-138","catchLine":"Who May Be Appointed Conservator; Priorities.","title":"Section 26-2A-138 Who May Be Appointed Conservator; Priorities.","sectionRange":null,"content":"

(a) The court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:

(1) A conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;

(2) An individual or corporation nominated by the protected person who is 14 or more years of age and of sufficient mental capacity to make an intelligent choice;

(3) An attorney-in-fact under a valid durable power of attorney previously executed by the protected person and giving the attorney-in-fact reasonably broad powers over the property of the protected person;

(4) The spouse of the protected person, or a person nominated by the will of a deceased spouse to whom the protected person was married at the decedent’s death and the protected person has not remarried;

(5) An adult child of the protected person;

(6) A parent of the protected person, or a person nominated by the will of a deceased parent;

(7) Any relative of the protected person who has resided with the protected person for more than six months before the filing of the petition;

(8) A person nominated by one who is caring for or paying benefits to the protected person; and

(9) A general guardian or sheriff for the county who must be appointed and act as conservator when no other fit person applies for appointment and qualifies.

(b) A person in priorities (1), (4), (5), (6), or (7) may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute. With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.

","history":"(Acts 1987, No. 87-590, p. 975, §2-309; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25334,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24885,"codeId":4818,"versionId":3805,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-139","shortTitle":"Section 26-2A-139","catchLine":"Bond.","title":"Section 26-2A-139 Bond.","sectionRange":null,"content":"

(a) The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator’s control, plus one year’s estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land.

(b) The court may at any time reduce the bond of the conservator or require the conservator to provide additional or larger bond as may seem to be proper or necessary to protect the interests of the protected person.

(c) Any individual, who is authorized under this chapter to nominate a conservator by will or other writing, may, by express provision in the will or other writing nominating the conservator, exempt the conservator from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases:

(1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the ward or the estate of the protected person makes affidavit, showing the affiant’s interest and alleging that the interest is, or will be, endangered for want of security; or

(2) When, in the opinion of the court, the estate is likely to be wasted, to the prejudice of any person interested therein.

(d) In the cases provided for by subsection (c), upon application for the conservator to give bond, the conservator may show cause against applications of the exceptions and must have notice as the judge may deem reasonable; but if the conservator is not in the state, the application may be heard and determined without notice.

","history":"(Acts 1987, No. 87-590, p. 975, §2-310.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25335,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24886,"codeId":4825,"versionId":3811,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-140","shortTitle":"Section 26-2A-140","catchLine":"Terms and Requirements of Bonds.","title":"Section 26-2A-140 Terms and Requirements of Bonds.","sectionRange":null,"content":"

(a) The following requirements and provisions apply to any bond required under Section 26-2A-139.

(1) Sureties are jointly and severally liable with the conservator and with each other.

(2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.

(3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.

(4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.

","history":"(Acts 1987, No. 87-590, p. 975, §2-311.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25336,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24887,"codeId":4830,"versionId":3815,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-141","shortTitle":"Section 26-2A-141","catchLine":"Effect of Acceptance of Appointment.","title":"Section 26-2A-141 Effect of Acceptance of Appointment.","sectionRange":null,"content":"

By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate which may be instituted by any interested person. Notice of any proceeding must be delivered to the conservator or mailed by registered or certified mail to the address as listed in the petition for appointment or as thereafter reported to the court and to the address as then known to the petitioner.

","history":"(Acts 1987, No. 87-590, p. 975, §2-312.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25337,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24888,"codeId":4834,"versionId":26707,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-142","shortTitle":"Section 26-2A-142","catchLine":"Compensation; Reimbursement; Court Costs.","title":"Section 26-2A-142 Compensation; Reimbursement; Court Costs.","sectionRange":null,"content":"

(a) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician, conservator, or special conservator appointed in a protective proceeding and any attorney whose services resulted in a protective order or in an order that was beneficial to a protected person’s estate is entitled to reasonable compensation from the estate. The conservator shall be allowed from the estate of the protective person all reasonable premiums paid on his or her bond and reimbursement of any court costs paid.

(b) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician appointed in a guardianship, and any attorney whose services resulted in a guardianship order or in an order that was beneficial to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed from the estate of the ward for any court costs paid.

(c) Except when the petitioner is related by blood or marriage to the individual who is the subject of the proceeding, if the assets of the estate in a protective proceeding or in a guardianship proceeding are not sufficient to provide reasonable compensation and pay court costs as permitted in subsections (a) and (b), the compensation of any guardian ad litem, court representative, or physician appointed by the court and court costs associated with the petition or motion may be taxed by the court with regard to any particular petition or motion presented to the court to the petitioner as additional costs to the petitioner.

","history":"(Acts 1987, No. 87-590, p. 975, §2-313; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1; Act 2006-529, p. 1223, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25338,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24889,"codeId":4838,"versionId":3820,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-143","shortTitle":"Section 26-2A-143","catchLine":"Death, Resignation, or Removal of Conservator.","title":"Section 26-2A-143 Death, Resignation, or Removal of Conservator.","sectionRange":null,"content":"

The court, on petition or on its own motion, may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. Upon the conservator’s death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor.

","history":"(Acts 1987, No. 87-590, p. 975, §2-314.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25339,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24890,"codeId":4844,"versionId":3824,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-144","shortTitle":"Section 26-2A-144","catchLine":"Petitions for Orders Subsequent to Appointment.","title":"Section 26-2A-144 Petitions for Orders Subsequent to Appointment.","sectionRange":null,"content":"

(a) Any person interested in the welfare of a person for whom a conservator has been appointed, any person interested in the proper administration of the estate, or the court on its own motion, may file a petition in the appointing court or the court to which the conservatorship has been transferred for an order:

(1) Requiring bond or collateral or additional bond or collateral, or reducing bond;

(2) Requiring an accounting for the administration of the trust;

(3) Directing distribution;

(4) Removing the conservator and appointing a temporary or successor conservator; or

(5) Granting other appropriate relief.

(b) A conservator may petition the appointing court or the court to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.

(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.

(d) If, on the hearing, it should appear that there is no satisfactory cause for the petition, the petition must be dismissed at costs of the petitioner.

","history":"(Acts 1987, No. 87-590, p. 975, §2-315.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25340,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24891,"codeId":4848,"versionId":3827,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-145","shortTitle":"Section 26-2A-145","catchLine":"Conservator’s Standard of Care and Performance.","title":"Section 26-2A-145 Conservator’s Standard of Care and Performance.","sectionRange":null,"content":"

A conservator, in relation to powers conferred by this division, or implicit in the title acquired by virtue of the proceeding, shall observe the standards in dealing with the estate of the protected person that would be observed by a prudent person dealing with the property of another, and if the conservator has special skills or is appointed conservator on the basis of representations of special skills or expertise, the conservator is under a duty to use those skills.

","history":"(Acts 1987, No. 87-590, p. 975, §2-316.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25341,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24892,"codeId":4852,"versionId":3831,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-146","shortTitle":"Section 26-2A-146","catchLine":"Inventory and Records.","title":"Section 26-2A-146 Inventory and Records.","sectionRange":null,"content":"

(a) Within 90 days after appointment, each conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide a copy thereof to the protected person if practicable and the person has attained the age of 14 years. A copy also shall be provided to any guardian or parent with whom the protected person resides.

(b) The conservator shall keep suitable records of the administration and exhibit the same on request of any interested person.

","history":"(Acts 1987, No. 87-590, p. 975, §2-317.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25342,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24893,"codeId":4856,"versionId":3834,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-147","shortTitle":"Section 26-2A-147","catchLine":"Accounts.","title":"Section 26-2A-147 Accounts.","sectionRange":null,"content":"

Each conservator shall account to the court for administration of the conservatorship upon resignation or removal and at other times as the court may direct, but if not otherwise directed, the conservator must, at least once in three years, account to the court. If the conservator shall die before making the accounting, the conservator’s personal representative will make the accounting, or if no personal representative has been appointed, the sureties on the conservator’s bond may proceed to make the accounting. On termination or removal of the protected person’s minority or disability, a conservator shall account to the court or to the formerly protected person. An order after notice and hearing allowing an intermediate account of a conservator is a final adjudication as to liabilities concerning the matters considered in connection therewith. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or other party having an interest in the estate for amendment or revision if it later appears that the account is incorrect either because of fraud or mistake. An order, following notice and hearing, allowing a final account is a final adjudication as to all previously unsettled liabilities of the conservator to the protected person or the protected person’s successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical examination of the estate, to be made in any manner the court specifies.

","history":"(Acts 1987, No. 87-590, p. 975, §2-318.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25343,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24894,"codeId":4868,"versionId":3841,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-148","shortTitle":"Section 26-2A-148","catchLine":"Conservators; Title by Appointment.","title":"Section 26-2A-148 Conservators; Title by Appointment.","sectionRange":null,"content":"

(a) The appointment of a conservator vests in the conservator title as trustee to all property, or to the part thereof specified in the order, of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person. Appointment of a conservator does not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act, or a valid durable power of attorney, except on order of the court. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship.

(b) Except as otherwise permitted herein, the interest of the protected person in property vested in a conservator by this section is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in Section 26-2A-156.

","history":"(Acts 1987, No. 87-590, p. 975, §2-319.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25344,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24895,"codeId":4872,"versionId":3845,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-149","shortTitle":"Section 26-2A-149","catchLine":"Recording of Conservator’s Letters.","title":"Section 26-2A-149 Recording of Conservator’s Letters.","sectionRange":null,"content":"

(a) Except for property unaffected by the appointment of a conservator specified in Section 26-2A-148(a), letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator to the protected person, or to successors of the person.

(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person. For the filing and recordation of letters of conservatorship and orders terminating conservatorships, the probate judge shall receive the same compensation (fees of registration) therefor as for recording deeds to land, but no tax levied upon the recordation of mortgages, deeds, and instruments of like character shall be levied upon or collected.

","history":"(Acts 1987, No. 87-590, p. 975, §2-320.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25345,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24896,"codeId":4876,"versionId":3849,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-150","shortTitle":"Section 26-2A-150","catchLine":"Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions.","title":"Section 26-2A-150 Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions.","sectionRange":null,"content":"

Any sale or encumbrance to or purchase from a conservator, the spouse, agent, attorney of a conservator, any person related to the conservator by blood or marriage within the fourth degree, or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator which is affected by a substantial conflict between fiduciary and personal interests is voidable unless the transaction is approved by the court after notice as directed by the court.

","history":"(Acts 1987, No. 87-590, p. 975, §2-321.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25346,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24897,"codeId":4879,"versionId":3851,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-151","shortTitle":"Section 26-2A-151","catchLine":"Persons Dealing with Conservators; Protection.","title":"Section 26-2A-151 Persons Dealing with Conservators; Protection.","sectionRange":null,"content":"

(a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in Section 26-2A-136 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in Section 26-2A-154 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.

(b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or to simplify transfers of securities by fiduciaries.

","history":"(Acts 1987, No. 87-590, p. 975, §2-322.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25347,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24898,"codeId":4885,"versionId":3856,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-152","shortTitle":"Section 26-2A-152","catchLine":"Powers of Conservator in Administration.","title":"Section 26-2A-152 Powers of Conservator in Administration.","sectionRange":null,"content":"

(a) Subject to limitation provided in Section 26-2A-154, a conservator shall have all of the powers conferred in this section and any additional powers now or hereafter conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor as to whom no one has parental rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor attains the age of 19 years, or the disabilities of nonage have been removed, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided in Division 1 of this article.

(b) A conservator without court authorization or confirmation may invest and reinvest funds of the estate as would a trustee.

(c) A conservator, acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court authorization or confirmation, to

(1) Collect, hold, and retain assets of the estate including land in another state and stocks of private corporations, until determining that disposition of the assets should be made, and the assets may be retained even though they include an asset in which the conservator is personally interested;

(2) Receive additions to the estate;

(3) Acquire an undivided interest in an asset of the estate that is otherwise an investment authorized for the conservator and in which the conservator, in any fiduciary capacity, holds an undivided interest;

(4) Invest and reinvest estate assets in accordance with subsection (b);

(5) Deposit estate funds to the extent insured in a state or federally insured financial institution, including one operated by the conservator;

(6) Acquire an asset for the estate that is an authorized investment for conservators, including land in another state, for cash or on credit, at public or private sale, and manage, develop, improve, partition, or change the character of an estate asset;

(7) Dispose of an asset, other than real property, of the estate for cash or on credit, at public or private sale, and manage or change the character of an estate asset;

(8) Make ordinary or extraordinary repairs or alterations in buildings or other structures;

(9) Enter for any purpose into a lease as lessor or lessee for a term not exceeding five years;

(10) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(11) Grant an option for a period not exceeding one year involving disposition of an estate asset;

(12) Vote a security, in person or by general or limited proxy;

(13) Pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;

(14) Sell or exercise stock-subscription or conversion rights;

(15) Deposit any stocks, bonds, or other securities at any time held in any pool or voting trust containing terms or provisions approved by the conservator;

(16) Consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(17) Insure the assets of the estate against damage or loss and the conservator against liability with respect to third persons;

(18) Borrow money for the protection of the estate to be repaid from estate assets or otherwise; advance money for the protection of the estate or the protected person and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets, for which the conservator has a lien on the estate as against the protected person for advances so made;

(19) Pay or contest any claim; settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise; and release, in whole or in part, any claim belonging to the estate to the extent the claim is uncollectible;

(20) Pay reasonable annual compensation of the conservator, subject to final approval of the court in an accounting under Section 26-2A-147;

(21) Pay taxes, assessments, and other expenses incurred in the collection, care, administration, and protection of the estate;

(22) Allocate items of income or expense to either estate income or principal, as provided by the applicable principal and income act or other law, including creation of reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties;

(23) Pay any sum distributable to a protected person or dependent of the protected person by - (i) paying the sum to the distributee, (ii) applying the sum for the benefit of the distributee, or (iii) paying the sum for the use of the distributee to the guardian of the distributee, or, if none, to a relative or other person having custody of the distributee;

(24) Employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with the conservator, to advise or assist in the performance of administrative duties;

(25) Prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of fiduciary duties;

(26) Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator; and

(27) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the stock so held.

(d) A conservator, acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act with prior court authorization, to

(1) Continue or participate in the operation of any business or other enterprise;

(2) Demolish any improvements and raze or erect new party walls or buildings;

(3) Dispose of any real property, including land in another state, for cash or on credit, at public or private sale, and manage, develop, improve, partition, or change the character of estate real property;

(4) Subdivide, develop, or dedicate land or easements to public use; make or obtain the vacation of plats and adjust boundaries;

(5) Enter for any purpose into a lease as lessor or lessee for a term of five or more years or extending beyond the term of the conservatorship;

(6) Grant an option for a term of more than one year involving disposition of an estate asset; and

(7) Take an option for the acquisition of any asset.

","history":"(Acts 1987, No. 87-590, p. 975, §2-323.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25348,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24899,"codeId":4896,"versionId":3863,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-153","shortTitle":"Section 26-2A-153","catchLine":"Distributive Duties and Powers of Conservator.","title":"Section 26-2A-153 Distributive Duties and Powers of Conservator.","sectionRange":null,"content":"

(a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the health, support, education, or maintenance of the protected person and dependents in accordance with the following principles:

(1) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person or dependents made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations furnishing support, education, or maintenance to the protected person or a dependent pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian derives personal financial benefit therefrom, including relief from any personal duty of support, or the recommendations are clearly not in the best interest of the protected person.

(2) The conservator shall expend or distribute sums reasonably necessary for the health, support, education, or maintenance of the protected person and dependents with due regard to (i) the size of the estate, the probable duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate; (ii) the accustomed standard of living of the protected person and dependents; and (iii) other funds or sources used for the support of the protected person.

(3) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person’s household who are unable to support themselves, and who are in need of support. In expending funds under this division, the conservator shall consider and apply the criteria considered in subdivision (a)(2).

(4) Funds expended under this subsection may be paid by the conservator to any person, including the protected person, to reimburse for expenditures that the conservator might have made, or in advance for services to be rendered to the protected person if it is reasonable to expect the services will be performed and advance payments are customary or reasonably necessary under the circumstances.

(5) A conservator, in discharging the responsibilities conferred by court order and this division, shall implement the principles described in Section 26-2A-136(a) to the extent possible.

(b) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections, a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make, in amounts that do not exceed in total for any year 20 percent of the income from the estate.

(c) When a minor who has not been adjudged disabled under Section 26-2A-130(c) attains majority, the conservator, after meeting all claims and expenses of administration, shall pay over and distribute all funds and properties to the formerly protected person as soon as possible.

(d) If satisfied that a protected person’s disability, other than minority, has ceased, the conservator, after meeting all claims and expenses of administration, shall pay over and distribute all funds and properties to the formerly protected person as soon as possible and petition the court for a termination of the conservatorship in accordance with Section 26-2A-158.

(e) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased protected person which may have come into the conservator’s possession, inform the executor or beneficiary named therein of the delivery, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto. If, 40 days after the death of the protected person, no other person has been appointed personal representative and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative in order to be able to proceed to administer and distribute the decedent’s estate. Upon application for an order granting the powers of a personal representative to a conservator, after notice to any person nominated personal representative by any will of which the applicant is aware, the court may grant the application upon determining that there is no objection and endorse the letters of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. The making and entry of an order under this section has the effect of an order of appointment of a personal representative, but the estate in the name of the conservator, after administration, may be distributed to the decedent’s successors without prior re-transfer to the conservator as personal representative.

","history":"(Acts 1987, No. 87-590, p. 975, §2-324.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25349,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24900,"codeId":4903,"versionId":3870,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-154","shortTitle":"Section 26-2A-154","catchLine":"Enlargement or Limitation of Powers of Conservator.","title":"Section 26-2A-154 Enlargement or Limitation of Powers of Conservator.","sectionRange":null,"content":"

Subject to the restrictions in Section 26-2A-136(c), a court having equity jurisdiction may confer on a conservator at the time of appointment or later, in addition to the powers conferred by Sections 26-2A-152 and 26-2A-153, any power that the court itself could exercise under Sections 26-2A-136(b)(2) and 26-2A-136(b)(3). The court, at the time of appointment or later, may limit the powers of a conservator otherwise conferred by Sections 26-2A-152 and 26-2A-153 or previously conferred by the court and may at any time remove or modify any limitation. If the court limits any power conferred on the conservator by Section 26-2A-152 or Section 26-2A-153, or specifies, as provided in Section 26-2A-148(a), that title to some but not all assets of the protected person vests in the conservator, the limitation or specification of assets subject to the conservatorship must be endorsed upon the letters of appointment.

","history":"(Acts 1987, No. 87-590, p. 975, §2-325.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25350,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24901,"codeId":4908,"versionId":3874,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-155","shortTitle":"Section 26-2A-155","catchLine":"Preservation of Estate Plan; Right to Examine.","title":"Section 26-2A-155 Preservation of Estate Plan; Right to Examine.","sectionRange":null,"content":"

In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section 26-2A-153, and (iii) utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected person known to them, including a will, any revocable trust of which the person is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person’s death to another or others. The conservator may examine the will of the protected person.

","history":"(Acts 1987, No. 87-590, p. 975, §2-326.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25351,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24902,"codeId":4914,"versionId":3880,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-156","shortTitle":"Section 26-2A-156","catchLine":"Claims Against Protected Person; Enforcement.","title":"Section 26-2A-156 Claims Against Protected Person; Enforcement.","sectionRange":null,"content":"

(a) A conservator may pay or secure from the estate claims against the estate or against the protected person arising before or after the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (d). A claim may be presented by either of the following methods:

(1) The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and mailing address of the claimant, and the amount claimed; or

(2) The claimant may file a written statement of the claim, in the form prescribed by rules of the court, with the clerk of court and deliver or mail a copy of the statement to the conservator.

(b) A claim is deemed presented on the first to occur of receipt of the written statement of claim by the conservator or the filing of the claim with the court. A presented claim is presumed to be disallowed if receipt of the claim is not acknowledged by written statement mailed by the conservator to the claimant within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until 30 days after its disallowance. A creditor whose debt is secured by a lien on certain property is not required to file a claim under this subsection in order to preserve the creditor’s priority to the extent of the security, but the creditor must file a claim under this subsection in order to acquire a priority for the debt to the extent it exceeds the value of the security.

(c) A claimant whose claim has not been paid may petition a court of general jurisdiction for determination of the claim at any time before it is barred by the applicable statute of limitation and, upon due proof, procure an order for its allowance, payment, or security from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party shall give notice of the proceeding to the conservator if the proceeding could result in creating a claim against the estate.

(d) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, the conservator shall distribute the estate in money or in kind in payment of unsecured claims in the following order:

(1) Costs and expenses of administration;

(2) Claims of the federal or state government having priority under other laws;

(3) Claims incurred by the conservator for care, maintenance, and education, previously provided to the protected person or the protected person’s dependents;

(4) Claims arising prior to the conservatorship;

(5) All other claims.

(e) No preference may be given in the payment of any claim over any other claim of the same class, and a claim due and payable is not entitled to a preference over claims not due; but if it appears that the assets of the conservatorship are adequate to meet all existing claims, the court, acting in the best interest of the protected person, may order the conservator to give a mortgage or other security on the conservatorship estate to secure payment at some future date of any or all claims in class 5.

","history":"(Acts 1987, No. 87-590, p. 975, §2-327.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25352,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24903,"codeId":4919,"versionId":3886,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-157","shortTitle":"Section 26-2A-157","catchLine":"Personal Liability of Conservator.","title":"Section 26-2A-157 Personal Liability of Conservator.","sectionRange":null,"content":"

(a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.

(b) The conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault.

(c) Claims based on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising from ownership or control of the estate, or (iii) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in fiduciary capacity, whether or not the conservator is personally liable therefor.

(d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.

","history":"(Acts 1987, No. 87-590, p. 975, §2-328.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25353,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24904,"codeId":4928,"versionId":3892,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-158","shortTitle":"Section 26-2A-158","catchLine":"Termination of Proceedings.","title":"Section 26-2A-158 Termination of Proceedings.","sectionRange":null,"content":"

(a) The protected person, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. If the conservator has accounted to the formerly protected person, no accounting is necessary. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, shall terminate the conservatorship. Upon termination, title to assets of the estate passes to the formerly protected person or to successors. The order of termination must provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer.

(b) A conservator appointed by any court of this state, on termination or removal of the protected person’s minority or disability, may present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between the conservator and the protected person. If the consent settlement is agreed to by the protected person in a written instrument signed by the protected person and acknowledged as conveyances of real estate are acknowledged, the court may approve the settlement without notice. The agreement of the protected person may be expressed by joining in the petition with the conservator or by a separate written instrument. Any final settlement so approved by the court shall have the same force and effect as settlements made in compliance with subsection (a).

","history":"(Acts 1987, No. 87-590, p. 975, §2-329.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25354,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24905,"codeId":4932,"versionId":3896,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-159","shortTitle":"Section 26-2A-159","catchLine":"Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings.","title":"Section 26-2A-159 Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings.","sectionRange":null,"content":"

(a) Any person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:

(1) That no protective proceeding relating to the protected person is pending in this state; and

(2) That the foreign fiduciary is entitled to payment or to receive delivery.

(b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

","history":"(Acts 1987, No. 87-590, p. 975, §2-330.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25355,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24906,"codeId":4938,"versionId":3901,"parentId":4753,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2A-160","shortTitle":"Section 26-2A-160","catchLine":"Foreign Conservator; Proof of Authority; Bond; Powers.","title":"Section 26-2A-160 Foreign Conservator; Proof of Authority; Bond; Powers.","sectionRange":null,"content":"

If a conservator has not been appointed in this state and no petition in a protective proceeding is pending in this state, a conservator appointed in the state in which the protected person resides may file in a court of this state in a [county] in which property belonging to the protected person is located, authenticated copies of letters of appointment and of any bond. Thereafter, the domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator appointed in this state and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.

","history":"(Acts 1987, No. 87-590, p. 975, §2-331.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25356,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24907,"codeId":40909,"versionId":null,"parentId":26,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2B","shortTitle":"Chapter 2B","catchLine":"Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.","title":"Chapter 2B Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.","sectionRange":"§26-2B-101 to §26-2B-503","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25357,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24908,"codeId":40910,"versionId":null,"parentId":40909,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§26-2B-101 to §26-2B-106","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25358,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24909,"codeId":40915,"versionId":33084,"parentId":40910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-101","shortTitle":"Section 26-2B-101","catchLine":"Short Title.","title":"Section 26-2B-101 Short Title.","sectionRange":null,"content":"

This chapter may be cited as the Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25359,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24910,"codeId":40916,"versionId":33085,"parentId":40910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-102","shortTitle":"Section 26-2B-102","catchLine":"Definitions.","title":"Section 26-2B-102 Definitions.","sectionRange":null,"content":"

In this chapter, the following terms shall have the following meanings:

(1) ADULT. An individual who has attained 19 years of age or who by statute has otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of another state.

(2) CONSERVATOR. A person appointed by the court to administer the property of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.

(3) COURT. A probate court of this state and includes an appropriate court of another state.

(4) GUARDIAN. A person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.

(5) GUARDIANSHIP. An order appointing a guardian.

(6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(7) INCAPACITATED PERSON. An adult for whom a guardian has been appointed.

(8) PARTY. The respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.

(9) PERSON. Except as used in the term incapacitated person or protected person, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10) PROTECTED PERSON. An adult for whom a protective order has been issued.

(11) PROTECTIVE ORDER. An order appointing a conservator or other order related to management of an adult’s property.

(12) PROTECTIVE PROCEEDING. A judicial proceeding in which a protective order is sought or has been issued.

(13) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) RESPONDENT. An adult for whom a protective order or the appointment of a guardian is sought.

(15) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25360,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24911,"codeId":40917,"versionId":33086,"parentId":40910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-103","shortTitle":"Section 26-2B-103","catchLine":"International Application of Act.","title":"Section 26-2B-103 International Application of Act.","sectionRange":null,"content":"

(a) A court of this state, by written order, may treat a foreign country as if it were a state of the United States for the purpose of applying this article and Articles 2, 3, and 5.

(b) Except as otherwise provided in subsection (c), a guardianship or conservatorship determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under Article 3.

(c) A court of this state need not apply this chapter if the guardianship or conservatorship law of a foreign country violates fundamental principles of human rights.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25361,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24912,"codeId":40918,"versionId":33087,"parentId":40910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-104","shortTitle":"Section 26-2B-104","catchLine":"Communication Between Courts.","title":"Section 26-2B-104 Communication Between Courts.","sectionRange":null,"content":"

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication.

(b) If the parties are not allowed to participate in the communication, the court shall give all parties the opportunity to present facts and legal arguments before the court issues an order establishing jurisdiction.

(c) Except as otherwise provided in subsection (d), the court shall make a record of any communication under this section and promptly inform the parties of the communication and grant them access to the record.

(d) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25362,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24913,"codeId":40919,"versionId":33088,"parentId":40910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-105","shortTitle":"Section 26-2B-105","catchLine":"Cooperation Between Courts.","title":"Section 26-2B-105 Cooperation Between Courts.","sectionRange":null,"content":"

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

(1) Hold an evidentiary hearing.

(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.

(3) Order that an evaluation or assessment be made of the respondent.

(4) Order any appropriate investigation of a person involved in a proceeding.

(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4).

(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.

(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25363,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24914,"codeId":40920,"versionId":33089,"parentId":40910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-106","shortTitle":"Section 26-2B-106","catchLine":"Taking Testimony in Another State.","title":"Section 26-2B-106 Taking Testimony in Another State.","sectionRange":null,"content":"

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence solely on an objection based on the means of transmission.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25364,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24915,"codeId":40911,"versionId":null,"parentId":40909,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Jurisdiction.","title":"Article 2 Jurisdiction.","sectionRange":"§26-2B-201 to §26-2B-210","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25365,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24916,"codeId":40921,"versionId":33090,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-201","shortTitle":"Section 26-2B-201","catchLine":"Definitions; Significant Connection Factors.","title":"Section 26-2B-201 Definitions; Significant Connection Factors.","sectionRange":null,"content":"

(a) In this article, the following terms shall have the following meanings:

(1) EMERGENCY. A circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.

(2) HOME STATE. The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

(3) SIGNIFICANT-CONNECTION STATE. A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b) In determining under Section 26-2B-203 and subsection (e) of Section 26-2B-301 whether a respondent has a significant connection with a particular state, the court shall consider:

(1) the location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;

(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;

(3) the location of the respondent’s property; and

(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25366,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24917,"codeId":40922,"versionId":33091,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-202","shortTitle":"Section 26-2B-202","catchLine":"Exclusive Basis.","title":"Section 26-2B-202 Exclusive Basis.","sectionRange":null,"content":"

This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25367,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24918,"codeId":40923,"versionId":33092,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-203","shortTitle":"Section 26-2B-203","catchLine":"Jurisdiction.","title":"Section 26-2B-203 Jurisdiction.","sectionRange":null,"content":"

(a) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) this state is the respondent’s home state;

(2) on the date the petition is filed, this state is a significant-connection state and:

(A) the respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and before the court makes the appointment or issues the order:

(i) a petition for an appointment or order is not filed in the respondent’s home state;

(ii) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in Section 26-2B-206;

(3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or

(4) the requirements for special jurisdiction under Section 26-2B-204 are met.

(b) When the jurisdiction of a court of this state is contested under this article, such guardianship or protective proceeding may be removed to circuit court by the court’s own motion or in accordance with Section 26-2-2.

(c) Nothing in this section is intended to limit the jurisdiction of those Alabama probate courts which have been granted equity jurisdiction.

(d) Nothing in this section shall be construed as extending the provisions of this chapter to proceedings brought pursuant to Sections 30-5-1, et seq., the Protection from Abuse Act or Sections 38-9-1, et seq., the Adult Protective Services Act.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25368,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24919,"codeId":40924,"versionId":33093,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-204","shortTitle":"Section 26-2B-204","catchLine":"Special Jurisdiction.","title":"Section 26-2B-204 Special Jurisdiction.","sectionRange":null,"content":"

(a) A court of this state lacking jurisdiction under Section 26-2B-203 has special jurisdiction to do any of the following:

(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;

(2) issue a protective order with respect to real or tangible personal property located in this state;

(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 26-2B-301.

(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

(c) The court may entertain successive petitions based upon its special jurisdiction under this section provided that the court receives no request for dismissal from the court of the respondent’s home state and the court determines that the need for guardianship or conservatorship or both under this section continues.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25369,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24920,"codeId":40925,"versionId":33094,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-205","shortTitle":"Section 26-2B-205","catchLine":"Exclusive and Continuing Jurisdiction.","title":"Section 26-2B-205 Exclusive and Continuing Jurisdiction.","sectionRange":null,"content":"

Except as otherwise provided in Section 26-2B-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25370,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24921,"codeId":40926,"versionId":33095,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-206","shortTitle":"Section 26-2B-206","catchLine":"Appropriate Forum.","title":"Section 26-2B-206 Appropriate Forum.","sectionRange":null,"content":"

(a) A court of this state having jurisdiction under Section 26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1) any expressed preference of the respondent;

(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;

(3) the length of time the respondent was physically present in or was a legal resident of this or another state;

(4) the distance of the respondent from the court in each state;

(5) the financial circumstances of the respondent’s estate;

(6) the nature and location of the evidence;

(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8) the familiarity of the court of each state with the facts and issues in the proceeding; and

(9) if an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25371,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24922,"codeId":40927,"versionId":33096,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-207","shortTitle":"Section 26-2B-207","catchLine":"Jurisdiction Declined by Reason of Conduct.","title":"Section 26-2B-207 Jurisdiction Declined by Reason of Conduct.","sectionRange":null,"content":"

(a)If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:

(1) decline to exercise jurisdiction;

(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or

(3) continue to exercise jurisdiction after considering:

(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;

(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Section 26-2B-206; and

(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 26-2B-203.

(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25372,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24923,"codeId":40928,"versionId":33097,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-208","shortTitle":"Section 26-2B-208","catchLine":"Notice of Proceeding.","title":"Section 26-2B-208 Notice of Proceeding.","sectionRange":null,"content":"

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state, if any. The notice must be given in the same manner as notice is required to be given in this state, pursuant to Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25373,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24924,"codeId":40929,"versionId":33098,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-209","shortTitle":"Section 26-2B-209","catchLine":"Proceedings in More Than One State.","title":"Section 26-2B-209 Proceedings in More Than One State.","sectionRange":null,"content":"

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed with the case unless a court in another state issues an order establishing jurisdiction under provisions similar to Section 26-2B-203 before the appointment or issuance of an order by the court in this state.

(2) If the court in this state does not have jurisdiction under Section 26-2B-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25374,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24925,"codeId":40930,"versionId":33099,"parentId":40911,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-210","shortTitle":"Section 26-2B-210","catchLine":"Information to Be Submitted to Court.","title":"Section 26-2B-210 Information to Be Submitted to Court.","sectionRange":null,"content":"

(a) Except as otherwise provided in this section, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the respondent’s present address or whereabouts and the places and addresses where the respondent has lived during the last five years. The pleading or affidavit must state whether the party:

(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the guardianship or conservatorship of the respondent and, if so, identify the court, the case number, and the date of the guardianship or conservatorship determination, if any;

(2) Knows of any proceeding that could affect the current proceeding, including, but not limited to, proceedings for the establishment, modification, termination, or enforcement of a protective order, and, if so, identify the court, the case number, and the nature of the proceeding;

(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the respondent, and, if so, the names and addresses of any such person; and

(4) Knows the names and addresses of any person not a party to the proceeding who holds an appointment or alternate appointment as legal agent of the respondent and, if so, the names and addresses of any such person.

(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in paragraphs (1) through (4) of subsection (a) is in the affirmative, the declarant shall give additional information under oath as may be required by the court. The court may examine the parties and other persons under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or incapacitated person would be jeopardized by disclosure of the present address or whereabouts of a party or incapacitated person, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or incapacitated person and determines that the disclosure is in the interest of justice.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25375,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24926,"codeId":40912,"versionId":null,"parentId":40909,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Transfer of Guardianship or Conservatorship.","title":"Article 3 Transfer of Guardianship or Conservatorship.","sectionRange":"§26-2B-301 to §26-2B-302","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25376,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24927,"codeId":40931,"versionId":33100,"parentId":40912,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-301","shortTitle":"Section 26-2B-301","catchLine":"Transfer of Guardianship or Conservatorship to Another State.","title":"Section 26-2B-301 Transfer of Guardianship or Conservatorship to Another State.","sectionRange":null,"content":"

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act.

(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue a provisional order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection (b) of Section 26-2B-201;

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(3) adequate arrangements will be made for management of the protected person’s property.

(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 26-2B-302; and

(2) the documents required to terminate a guardianship or conservatorship in this state.

(g) The court may appoint a guardian ad litem to represent the best interests of the incapacitated or protected person in any proceeding initiated by petition under subsection (a) and may require prepayment of guardian ad litem fees.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25377,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24928,"codeId":40932,"versionId":33101,"parentId":40912,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-302","shortTitle":"Section 26-2B-302","catchLine":"Accepting Guardianship or Conservatorship Transferred from Another State.","title":"Section 26-2B-302 Accepting Guardianship or Conservatorship Transferred from Another State.","sectionRange":null,"content":"

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 26-2B-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include the following:

(1) a certified copy of the other state’s provisional order of transfer;

(2) an inventory of the protected person’s estate as of the date of the petition including certified records of all bank accounts in the protected person’s estate as of the date of the petition;

(3) proof of the conservator’s bond; and

(4) any final accounting of the protected person’s estate which has been submitted in the prior jurisdiction. If no such accounting was required by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.

(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue a provisional order granting a petition filed under subsection (a) unless:

(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person;

(2) the guardian or conservator is ineligible for appointment in this state; or

(3) the petitioner fails to comply with the provisions of subsection (a).

(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 26-2B-301 transferring the proceeding to this state and upon compliance with Section 26-2A-139.

(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. Such modification may include, among other things, an inventory or an accounting pursuant to Sections 26-2A-146 and 26-2A-147.

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.

(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Chapter 2A of this title, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25378,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24929,"codeId":40913,"versionId":null,"parentId":40909,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Recording and Recognition of Orders from Other States.","title":"Article 4 Recording and Recognition of Orders from Other States.","sectionRange":"§26-2B-401 to §26-2B-403","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":25379,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24930,"codeId":40933,"versionId":33102,"parentId":40913,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-401","shortTitle":"Section 26-2B-401","catchLine":"Recording of Guardianship Orders.","title":"Section 26-2B-401 Recording of Guardianship Orders.","sectionRange":null,"content":"

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may record the guardianship order in this state by recording as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25380,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24931,"codeId":40934,"versionId":33103,"parentId":40913,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-402","shortTitle":"Section 26-2B-402","catchLine":"Recording of Protective Orders.","title":"Section 26-2B-402 Recording of Protective Orders.","sectionRange":null,"content":"

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to record, may record the protective order in this state by recording as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25381,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"},{"id":24932,"codeId":40935,"versionId":33104,"parentId":40913,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"26-2B-403","shortTitle":"Section 26-2B-403","catchLine":"Effect of Recording.","title":"Section 26-2B-403 Effect of Recording.","sectionRange":null,"content":"

(a) Upon the recording of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers provided in Section 26-2A-160.

(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a recorded order.

","history":"(Act 2010-500, p. 782, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":25382,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:08.000Z"}]