2022 Code of Alabama
Title 41 - State Government.
Chapter 9A - Miscellaneous Occupational Licensing Board Provisions.
Section 41-9A-5 - Waiver Process.

Section 41-9A-5

Waiver process.

(a) For the purposes of this section, an occupational licensing board includes all of the following:

(1) The Alabama Board of Electrical Contractors, operating pursuant to Chapter 36 of Title 34.

(2) The State Licensing Board for General Contractors, operating pursuant to Chapter 8 of Title 34.

(3) The Board of Heating, Air Conditioning, and Refrigeration Contractors, operating pursuant to Chapter 31 of Title 34.

(4) The Home Builders Licensure Board, operating pursuant to Chapter 14A of Title 34.

(5) The State of Alabama Plumbers and Gas Fitters Examining Board, operating pursuant to Chapter 37 of Title 34.

(b) If the designated qualifying representative, license holder, or certificate holder for an entity employing other licensees of the same occupational licensing board is no longer able to hold a valid license or certificate from that occupational licensing board, due to his or her death or mental or physical incapacity, and the holding of a valid license or certificate is necessary for the employing entity to continue operations, the applicable occupational licensing board shall issue a special hardship or temporary license or certificate waiver to the employing entity. The waiver shall allow the employing entity and the employed licensees and certificate holders to continue operations on a temporary basis.

(c) To request a waiver, a license or certificate holder employee of the employing entity shall submit to the applicable occupational licensing board, in writing, notice of the death or incapacity of the designated qualifying representative, license holder, or certificate holder, and any documentation required by the occupational licensing board, on forms provided by the occupational licensing board. A request for waiver shall be submitted to the occupational licensing board within 45 days after the designated qualifying representative, license holder, or certificate holder dies or becomes incapacitated. Any request for waiver submitted after that time may be denied after a show cause hearing by the occupational licensing board.

(d) A waiver shall be valid for no more than a maximum of 135 days after the date of death or incapacitation of the designated qualifying representative, license holder, or certificate holder.

(e) Each occupational licensing board may impose a waiver fee in an amount equal to one half of the total renewal fee for the license or certificate for which waiver is requested.

(f) Each occupational licensing board shall adopt rules as necessary to implement this section.

(Act 2021-486, §1.)