Ala. Admin. Code r. 420-3-28-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-28-.06 - Enforcement

(1) Complaints of a failure of a smoker to comply with the Act should be referred to the person in charge of the public place or appropriate law enforcement agency.

(2) Complaints of a failure of a person in charge of a public place to require smokers to comply with the Act should be referred to the appropriate law enforcement agency and may be investigated by a representative of the Department.

(3) Complaints of failure of a public place to properly designate "non smoking" and "smoking" areas within a public place shall be investigated by a representative of the Department.

(4) Failure of an owner/operator to properly enforce employee smoking policy, if one has been adopted, shall be investigated by a representative of the Department.

(5) A representative of the Department shall respond to a complaint within ten (10) working days of the receipt of such complaint. After responding to the complaint, a representative of the Department shall inspect the public place, if the complaint pertains to failure to properly designate a "smoking" or "non-smoking" area or facility. As part of such investigation, a representative of the Department may interview employees of the public place as well as the owner, operator, manager or person who in any way and at any time controls the public place. The person in charge shall not deny access to any public place to any representative of the Department.

(6) All employee smoking policies and any other records concerning compliance with the Clean Indoor Air Act shall immediately be made available to a representative of the Department upon request.

(7) If a violation is documented, a representative of the Department shall issue a notice of violation indicating the nature and approximate date of the violation, the name and address of the facility and person in charge, if known, the statute violated, the facts constituting a violation, the name and phone number of the representative of the Department issuing the notice, the procedure and time for compliance and consequences of noncompliance. Notices of violation shall be personally delivered or sent certified mail.

(8) If an alleged violator fails to comply within thirty (30) days after receipt of such notice, the Department shall assess a civil penalty not to exceed fifty dollars ($50.00) for the first violation, not to exceed one hundred dollars ($100.00) for the second violation, and not to exceed two hundred dollars ($200.00) for each subsequent violation. Each day's violation shall be considered a separate offense.

Author: Greg Locklier

Ala. Admin. Code r. 420-3-28-.06

New: Filed September 21, 2005; effective October 26, 2005.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-15A-8