Ala. Admin. Code r. 390-X-8-.08
Current through Register Vol. 43, No. 3, December 31, 2024
Section 390-X-8-.08 - Voluntary Decertification(a) Any volunteer fire department certified by the Alabama Forestry Commission may decide at any time to voluntarily relinquish its certification, regardless of whether a decertification inspection has been requested or performed.(b) To effectuate a voluntary decertification, the governing body of the department must adopt a resolution expressly relinquishing certification of the department, and that resolution must be transmitted in writing to the State Forester (or his or her designee). After such resolution is received, the department shall cease to be recognized as a volunteer fire department without need of further action by the Alabama Forestry Commission.(c) In the event a department no longer has a functioning governing body, the current chief of the department may submit a written request for voluntary decertification to the State Forester (or his or her designee). The request must include a sworn affidavit from the current chief attesting to the department's lack of a functioning governing body and confirming that no other person or legal entity has authority over the department. After the request and affidavit are received and acknowledged in writing by the State Forester, the department shall cease to be recognized as a volunteer fire department without need of further action by the Alabama Forestry Commission.(d) If the State Forester determines at any time that a written request, affidavit or resolution provided pursuant to this rule contains a material misrepresentation of facts or was otherwise submitted in bad faith, the State Forester shall have the discretion to summarily reinstate the affected department's certification without requiring it to comply with the process set forth in Ala. Admin. Code Rule 390-X-8-.03.Ala. Admin. Code r. 390-X-8-.08
Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 04, January 31, 2019, eff. 3/4/2019.Author: Scott L. Rouse
Statutory Authority:Code of Ala. 1975, § 9-3-17(e).