Alabama Advisory Opinions July 09, 2003: AGO 2003-183 (July 9, 2003)

AGO 2003-183.

Dear Ms. Jordan:

This opinion of the Attorney General is issued in response to your request on behalf of the Board of Examiners of Assisted Living Administrators.

Does Act 2001-1057 give the Board of Examiners of Assisted Living Administrators the legal authority to make participation in a board-approved or -established training or internship program one of the educational and training requirements for obtaining a license provided for in section 10(a) of the act?

Act 2001-1057 requires the licensing of assisted living administrators and establishes the Board of Examiners ("Board") to oversee licensing and gives guidelines for the Board to follow in granting these licenses. 2001 Ala. Acts No. 2001-1057, 1032. Section 4(a)(1) of this act directs that it is the duty and function of the Board to perform the following:

Develop, impose, and enforce standards which shall be met by individuals in order to receive a license as an assisted living administrator, which standards shall be designed to insure that assisted living administrators will be individuals who are of good character and are otherwise suitable and who, by training or experience in the field of institutional administration, are qualified to serve as assisted living administrators.

Section 4(c) provides that the board shall have the authority to perform the following:

Establish, provide, or approve various education programs or courses for assisted living administrators, and prescribe rules and regulations requiring applicants for licenses as assisted living administrators to attend certain programs or courses as a prerequisite to their being admitted to the examination or issued a license and requiring assisted living administrators to attend these programs or courses as a prerequisite to their being issued any license renewal.

Id. , § 4(c)(2), 2001 Ala. Acts at 1037.

Section 10(a) of the act requires the Board to appoint a license to any candidate who has, among other things, "successfully complied with the educational and training requirements of this act and of the rules and regulations of the board promulgated under this act." Id. , § 10(a)(1), 2001 Ala. Acts at 1038. Finally, section 8(b) directs that "[t]he board may establish an application fee for the internship or administrator in training (AIT) program, if such a program is established . . ." Id. , § 8(b), 2001 Ala. Acts at 1038.

It is the opinion of this Office that Act 2001-1057 gives the Board of Examiners of Assisted Living Administrators the legal authority to make participation in a board-approved or -established training or internship program one of the educational and training requirements for obtaining a license.

Act 2001-1057 gives the Board of Examiners of Assisted Living Administrators the legal authority to make participation in a board-approved or -established training or internship program one of the educational and training requirements for obtaining a license provided for in section 10(a) of the act.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Carol Jean Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/sjt

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