Ala. Admin. Code r. 395-X-1-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 395-X-1-.02 - Nomination And Appointment

(1) Professional Members.

(a) In October of each year in which the term of a professional member of the Board is scheduled to expire, a meeting shall be held in Montgomery for the purpose of nominating eligible candidates to serve on the Board as a professional member. Three nominees for each position shall be selected and their names submitted to the Governor.

1. At each meeting, only one licensed funeral director or licensed embalmer employed by each funeral establishment may vote to nominate candidates to serve as a professional member of the Board for the Funeral Division.

2. At each meeting, only one licensed preneed sales agent employed by each certificate of authority holder may vote to nominate candidates to serve as a professional member of the Board for the Preneed Division.

3. For each position to be voted upon, no licensee can vote on behalf of more than one funeral establishment or certificate of authority holder, or otherwise vote more than once.

(2) Consumer Members

(a) Two consumer members shall be appointed by the Lieutenant Governor and one consumer member shall be appointed by the Speaker of the House using their own discretion.

(b) No consumer member may reside in the same district created by Ala. Code § 34-13-21 as any other consumer member.

(3) Members appointed to fill a vacancy that will be created by an expiring term are sworn in at the first regular meeting following December 31 of the year in which the previous term expires. If an appointment is not made before the expiration of the term of a board member, then the board member may continue to serve until a successor has been appointed.

(4) A vacancy on the Board in any unexpired term may be filled by appointment of the appointing authority for the remainder of such unexpired term.

Ala. Admin. Code r. 395-X-1-.02

Amended: Filed August 9, 1985. Amended: Filed January 30, 2012; effective March 5, 2012.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/11/2014.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 12, September 29, 2017, eff. 10/27/2017.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 04, January 31, 2024, eff. 3/16/2024.

Author: Charles M. Perine

Statutory Authority:Code of Ala. 1975, §§ 34-13-20, 34-13-21, 34-13-26, 34-13-27.