Alabama Administrative Code
Title 395 - ALABAMA BOARD OF FUNERAL SERVICE
Chapter 395-X-1 - BOARD AND ITS MEMBERS
Section 395-X-1-.02 - Nomination And Appointment

Universal Citation: AL Admin Code R 395-X-1-.02

Current through Register Vol. 42, No. 5, February 29, 2024

(1) Professional Members.

(a) In October of each year in which the term of a professional member of the Board is scheduled to expire, a meeting shall be held in Montgomery for the purpose of nominating eligible candidates to serve on the Board as a professional member. Three nominees for each position shall be selected and their names submitted to the Governor.
1. At each meeting, only one licensed funeral director or licensed embalmer employed by each funeral establishment may vote to nominate candidates to serve as a professional member of the Board for the Funeral Division.

2. At each meeting, only one licensed preneed sales agent employed by each certificate of authority holder may vote to nominate candidates to serve as a professional member of the Board for the Preneed Division.

3. For each position to be voted upon, no licensee can vote on behalf of more than one funeral establishment or certificate of authority holder, or otherwise vote more than once.

(2) Consumer Members

(a) Two consumer members shall be appointed by the Lieutenant Governor and one consumer member shall be appointed by the Speaker of the House using their own discretion.

(b) No consumer member may reside in the same district created by Ala. Code § 34-13-21 as any other consumer member.

(3) Members appointed to fill a vacancy that will be created by an expiring term are sworn in at the first regular meeting following December 31 of the year in which the previous term expires. If an appointment is not made before the expiration of the term of a board member, then the board member may continue to serve until a successor has been appointed.

(4) A vacancy on the Board in any unexpired term may be filled by appointment of the appointing authority for the remainder of such unexpired term.

Author: Charles M. Perine

Statutory Authority: Code of Ala. 1975, §§ 34-13-20, 34-13-21, 34-13-26, 34-13-27.

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