Alabama Administrative Code Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE
The Alabama Administrative Code, Title 355, is dedicated to the STATE OF ALABAMA DEPARTMENT OF FINANCE. This department is a central and vital part of Alabama's state government, responsible for a wide array of financial management and operational support services for state agencies. The Finance Director serves as the state's Chief Financial Officer and advises the Governor and Legislature on financial matters.
Core Responsibilities of the Alabama Department of Finance (as reflected in Title 355):
The Department of Finance's duties are extensive, encompassing virtually all fiscal affairs and procedures of the state, as well as property and supply acquisition and control. Its administrative rules reflect these broad responsibilities across various divisions:
Fiscal Management: Managing and controlling all financial affairs, keeping records, accounts, and data, and ensuring legal compliance in financial procedures. This includes budget preparation, execution, and monitoring.
Procurement: Overseeing the state's purchasing operations, including methods of procurement, specifications for goods and services, and resolving disputes related to bids and awards.
Risk Management and Insurance: Managing the state's insurance programs, including the State Insurance Fund and workers' compensation benefits for state employees.
Real Property Management: Handling state-owned property, including space management.
Construction Management: As noted in the previous response, the functions of the former Alabama State Building Commission (Title 170) have been transferred to the Division of Construction Management within the Department of Finance. Thus, rules related to state building codes, plan submissions, design professional employment, and construction bidding are now under Title 355.
Indigent Defense Services: The Department of Finance also houses the Office of Indigent Defense Services, which administers policies and procedures related to providing legal representation for indigent defendants.
Accounting and Control: Maintaining state financial records, pre-auditing receipts and disbursements, and providing accounting and budgeting data.
Legal Services: Providing legal counsel to the Department of Finance and representing it in litigation.
Personnel Management: Developing personnel policies and programs for the department.
Key Chapters within Title 355:
Given the broad scope, Title 355 is organized into numerous chapters, each addressing specific functions or divisions:
Chapter 355-1-1: ORGANIZATION: This foundational chapter describes the overall structure of the Department of Finance and the general duties of its various divisions (e.g., Director's Office, Division of Budget, Division of Control and Accounts, Data Systems Management, Legal Division, Personnel, Office of Space Management).
Chapters related to Procurement (e.g., 355-4-1 through 355-4-6): These chapters are critical for state contracting:
355-4-1: Office of the Chief Procurement Officer: Outlines the general responsibilities of the state's central purchasing authority.
355-4-2: Purchasing Card; Delegation: Rules for the use of state purchasing cards and delegation of purchasing authority.
355-4-3: Methods of Procurement: Details different methods for acquiring goods and services (e.g., competitive sealed bidding, competitive sealed proposals, small purchases).
355-4-4: Specifications: Requirements for developing specifications for products and services.
355-4-6: Authority to Resolve Protest; Debarment and Suspension; Authority to Resolve Contract Controversies: Critical rules for handling protests of solicitations or contract awards, debarment or suspension of contractors, and resolving contract disputes.
Chapter 355-8-1: DIVISION OF RISK MANAGEMENT: Covers policies and procedures for the state's risk management program, including benefits for accidental occupational injuries and occupational diseases for state employees. This chapter includes rules on compensation schedules and exposure to radiation.
Chapter 355-9-1: OFFICE OF INDIGENT DEFENSE SERVICES: This chapter sets forth rules for the administration of indigent defense, including:
Creation and organization of the office.
Time limits for submitting attorney fee declarations and dispute resolution processes.
Billing standards for attorneys.
Employment of experts, court reporters, and investigators.
Required attorney qualifications and caseload management standards.
Standards for establishing a contract counsel system.
Chapters related to the State Building Code and Construction Management (e.g., 355-11-1 through 355-19-1): These chapters reflect the transfer of functions from the former Building Commission and include:
355-11-1: ORGANIZATION AND AUTHORITY: Re-establishes the organization and authority previously outlined in Title 170.
355-12-1: ALABAMA STATE BUILDING CODE: Adopts and details the state's minimum building standards.
355-13-1: RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF: Procedures for plan review.
355-14-1: EMPLOYMENT OF DESIGN PROFESSIONALS: Rules for selecting architects and engineers for state projects.
355-15-1: BIDDING AND AWARDING CONTRACTS: Procedures for construction project bidding.
355-16-1: COLLECTION OF USER FEES: Fees for construction-related services.
355-17-1: ALABAMA HOME INSPECTORS REGISTRATION PROGRAM: Rules for home inspector registration.
355-18-1: STANDARDS OF PRACTICE AND CODE OF ETHICS: Ethical rules for home inspectors.
355-19-1: Building Commission Forms: Forms related to construction and building.
Chapter 355-20-1: Electronic Signatures and Records: Rules governing the use and validity of electronic signatures and records within the Department's operations.
Other Chapters: Title 355 also includes rules for specific areas like:
355-2-1: Consent for Sale or Issuance of Certain Authorities by Electric Membership Cooperatives.
355-5-1: Forms: General rules for forms used by the Department.
355-6-1: Amendment of Rules: Procedures for changing administrative rules.
355-7-1: Declaratory Rulings: Procedures for requesting formal interpretations of rules.
355-10-1: Construction Industry Craft Training Fees.
Significance of Title 355:
Title 355 is fundamental to the operation of Alabama's state government, as it provides the detailed regulations for managing the state's financial resources, ensuring transparent and fair procurement, overseeing state construction projects, and safeguarding public funds. It ensures accountability, efficiency, and compliance with state and federal laws across a vast range of governmental activities.
For the most accurate and up-to-date version of these rules, you should always consult official Alabama government sources, such as the Alabama Legislature's Administrative Code website (admincode.legislature.state.al.us) or the official Alabama Department of Finance website (finance.alabama.gov).
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