Ala. Code § 34-1A-3

Current through the 2024 Regular Session.

Section 34-1A-3 - Powers of board

The board shall have all of the following powers:

(1) License and regulate individuals and business entities who hold themselves out as engaging in the business of alarm system, CCTV, or electronic access control system installation or service, as a locksmith, or as an alarm monitoring company.

(2) Establish the qualifications for licensure to ensure competency and integrity to engage in these businesses and allow graduates of technical school or community college programs in related fields to qualify. Qualifications for licensure shall include the requirement that the applicant is a United States citizen or legally present in this state.

(3) Examine, or cause to be examined, the qualifications of each applicant for licensure including the preparation, administration, and grading of examinations, and when necessary, requiring the applicant to supply a board approved criminal background check. A nonresident who is not physically working in the state, located more than 100 miles from the nearest state border, and whose duties are limited to administrative employee or monitoring station is exempt from the requirement of a criminal background check.

(4) License qualified applicants regulated by the board. Licensing of a qualified applicant should be completed within six calendar weeks after the board receives all required paperwork from the applicant. This time frame may be extended during annual renewal.

(5) Revoke, suspend, or fail to renew a license for just cause as provided in the rules of the board.

(6) Levy and collect reasonable fees for licensure including, but not limited to, the application process and testing of applicants, and renewal, suspension, and reissuance of licenses, and costs of necessary hearings, that are sufficient to cover all expenses for the administration and operation of the board.

(7) Levy and collect administrative fines for violation of the board's Code of Ethics, noncompliance with this chapter including, but not limited to, unlicensed activity and fraudulent behavior, and to collect the costs of necessary hearings pursuant to the Alabama Administrative Procedure Act. The board may collect fines imposed by a court of competent jurisdiction. The board may file a civil action to collect all fines.

(8) Adopt rules in accordance with the Alabama Administrative Procedure Act necessary to perform board duties, to ensure continued competency, to prevent deceptive, misleading, or criminal practices by board licensees, and to effectively administer the regulatory system administered by the board.

(9) Register or by other means monitor employees of a licensee to ensure the employees do not impair the ability of the licensee to satisfy the requirements of this chapter.

(10) Receive and investigate complaints concerning the conduct of any individual or business entity whose activities are regulated by the board, conduct hearings in accordance with procedures established by the board pursuant to the Alabama Administrative Procedure Act, and take appropriate disciplinary action if warranted.

(11) Ensure that periodic inspections are conducted relating to the operations of licensees to ensure competency and lawful compliance.

(12) Require the purchase of comprehensive liability insurance related to business activities in a minimum specified amount.

(13) Require licensees and employees of licensees to have visible on their person a photo identification card issued by the board at all times when providing licensed services.

(14) Adopt canons of ethics under which the regulated professional activities of individuals and business entities shall be conducted.

(15) Employ or contract for necessary personnel, including an executive director, and provide necessary offices, supplies, and equipment to fulfill the requirements of this chapter.

(16) Delegate board powers and duties by resolution to a named designee.

(17) Enter into contracts and expend funds of the board to fulfill the requirements of this chapter.

(18) Borrow money for the initial start-up operation of the board until sufficient receipts are paid into the special revenue trust fund specified in Section 34-1A-9.

(19) Work with the office of the Attorney General and other law enforcement agencies to prohibit any violation of this chapter.

(20) Establish volunteer procedures for those individuals or businesses that are exempt from this chapter.

(21) Conduct inspections relating to the operations of unlicensed individuals, firms, or corporations to include the solicitation, installation, servicing, monitoring of burglar alarm systems, locking systems, or mechanisms, the holding of privacy codes for burglar alarm systems of a customer, or the selling, installation, or servicing of access control systems or CCTV to or for a customer to ensure lawful compliance with this chapter.

(22) Issue a cease and desist order to any unlicensed individual, company, corporation, firm, or business entity engaged in any activity, conduct, or practice constituting a violation of this chapter or rule adopted by the board pursuant to this chapter.

Ala. Code § 34-1A-3 (1975)

Amended by Act 2023-278,§ 1, eff. 8/1/2023.

Amended by Act 2018-548,§ 1, eff. 7/1/2018.

Amended by Act 2013-221,§ 1, eff. 8/1/2013.

Acts 1997, No. 97-711, p. 1465, §3; Act 2004-103, p. 137, §3; Act 2006-541, p. 1250, §1; Act 2008-94, p. 122, §3.