(a)

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Terms Used In Alabama Code 38-15-6

  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(1) The department may charge a fee for the registration. The fee may be set by rule of the department and may be based on the type of facility and the capacity of the facility. After the initial registration approval, the department may charge a renewal fee annually on each anniversary of the effective date of the registration. The fees are for the purpose of administering the registration program and enforcing the requirements specified in this chapter and shall be set accordingly.
(2) The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged.
(b) In addition to fees established by the department, the department shall also charge the following fees:

(1) A fee in the amount of 50 percent of the established application fee when an existing registered entity moves a facility to a new physical address.
(2) A fee in the amount of 50 percent of the established application fee when a corporate registered entity changes the person having the authority to select a majority of the board of directors.
(3) A fee in the amount of fifty dollars ($50) when an existing registered entity seeks to either increase or decrease the approved capacity of the facility.
(4) An orientation fee of fifty dollars ($50) for attendance by any individual at a department-sponsored information or orientation session.
(5) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a registered entity has been placed on probation as a result of an adjudication pursuant to the Administrative Procedure Act, Chapter 22, Title 41.
(6) A late fee that represents an additional 50 percent of the established current annual fee when any registered entity fails to pay the current annual registration fee on or before the due date as indicated by postmark on the payment.
(7) A fee to cover any costs incurred by the department for processing payments including, but not limited to, insufficient funds charges, charges for credit and debit transactions, and postage due charges.
(8) A plan of correction fee of at least two hundred dollars ($200) when any registered entity does not implement a plan of correction on or prior to the date specified by a corrective action plan issued to it by the department.
(9) Additional fees established by the department by rule as necessary to regulate registered entities for institutions and organizations subject to this chapter.
(c) The revenues collected from registration fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by entities registered under this chapter and to support operations of the registration program, including, but not limited to, monitoring facilities for compliance with registration laws and rules, and other administrative activities in support of the registration program. The revenues collected shall be used in addition to any other funds appropriated in the budget act in support of the registration program. The department shall adjust the fees collected pursuant to this section as necessary.
(d) The failure of an applicant or registrant to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of registration approval.
(e) Any fee or charge collected or any rule or standard implemented by the department pursuant to this chapter shall comply with the Alabama Administrative Procedure Act.
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