If you are a professional in the State of Alabama, you are likely regulated by one of the more than 50 occupation-related state boards or agencies. See a partial list of professions regulated below. The regulatory board or agency that oversees your profession was created by an act passed by the State legislature and signed into law by the Governor. While the breadth and scope of occupation-related laws vary, the agencies are often given the authority, pursuant to the Alabama Administrative Procedures Act, to regulate all aspects of the profession. Such areas of regulation may include fees, qualifications, registration, licensure/certification, continuing education requirements, and means and scope of practice.
These administrative rules have the force and effect of law, and failure to comply may subject you to disciplinary action, including suspension or revocation of your license/certification, and may otherwise impact the continued operation of your business.
In order to protect yourself and your livelihood, know the rules that apply to your profession. Knowledge is power. You can find the regulatory agency’s rules in the Alabama Administrative Code at https://admincode.legislature.state.al.us/ Regulatory agencies sometimes amend their rules, so stay abreast of amendments. Agencies are required to publish notice of proposed rule changes and provide the public an opportunity to comment. You can contact the regulatory agency and request that you be provided email notification of future proposed rule changes. Also, consider becoming a member of your professional association. Some associations are better than others, but good associations will keep members informed of rule changes and their practical impact.
If there is ever an unresolved concern about a particular rule, contact an attorney with experience in administrative law to help answer your question. The Administrative Procedure Act provides a means to request that a regulatory agency issue a declaratory ruling with respect to the validity of a rule or its applicability to a particular person.
Sometimes state agencies create problems because they allow rules to become outdated. While agencies are required by law to review the entirety of their rules every five years and amend them as necessary, many often don’t. Some state agencies must be prodded to make rule changes. There is a way to do that under the Administrative Procedure Act which authorizes a petition to be filed with state agency to adopt, amend, or repeal a rule. An experienced administrative lawyer can shepherd this process.
What happens if a regulatory agency attempts to deny, suspend or revoke your license? You have rights. The agency must follow a statutory process of providing you notice of its actions. In many instances, you should be provided an opportunity to show compliance with all lawful requirements to retain your license. Before a final suspension or revocation of a professional license, you should be afforded an administrative contested case hearing by the state agency to respond to the adverse action and present evidence and argument on all material issues.
After the hearing, the state agency will issue a final order containing written findings of fact based on evidence in the record. If the final order is adverse to your interests, you may pursue an appeal or judicial review of the matter in circuit court.
Your professional work is of tremendous value, otherwise it would not be regulated by the state. Represent yourself, your family, your faith, and your profession well. Do good work. If a state regulatory agency impedes your ability to do your good work, give us an opportunity to see if we can help you.
Greg Locklier, Esq.
Professions Regulated in Alabama by State Agencies/Boards
**List is not all-inclusive
| Accountants | Investment Advisors |
| Alarm System Installers | Hearing Aid Dealers |
| Alarm System Sellers | Heating & A/C Contractors |
| Alligator Farmers | Home Builders |
| Architects | Horticulturalists |
| Assisted Living Administrators | Interior Designers |
| Athletic Trainers | Interpreters |
| Auctioneers | Landscape Architects |
| Audiologists | Land Surveyors |
| Attorneys | Law Enforcement Officers |
| Bail Bondsmen | Locksmiths |
| Barbers | Massage Therapists |
| Behavior Analysts | Manufactured Housing Sellers |
| Chiropractors | Manufactured Housing Installers |
| Commercial Oyster Catchers | Mastectomy Fitters |
| Commercial Quail Breeders | Midwives |
| Cosmetologists | Mine Foremen |
| Court Reporters | Mortgage Brokers |
| Counselors | Nurses |
| Body Piercing Artists | Nurse Support Technicians |
| Body Branding Artists | Nursing Home Administrators |
| Dentists / Hygienists | Occupational Therapists |
| Dieticians/Nutritionists | Orthotists |
| Electrical Contractors | Security Brokers/Dealers |
| Elevator Inspectors | Septic Tank Installers |
| Elevator Mechanics | Social Workers |
| Embalmers | Security Officers |
| Emergency Medical Technicians | Speech Pathologists |
| Engineers | Speech Pathologist Assts. |
| Foresters | Tattoo Artists |
| Funeral Directors | Teachers |
| Fur Dealers | Therapeutic Shoe Fitters |
| Gas Fitters | Transliterators |
| General Contractors | Veterinarians |
| Insurance Agents |