al-al-6a739602c546569a9bd88f77: 920-X-2-.04 — State Veterans Cemetery
Public comment closed · opened August 31, 2026.
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The proposed regulation updates the address of the Alabama State Veterans Memorial Cemetery in Spanish Fort and includes additional clarifications. It ensures that eligible veterans and their family members can access burial services at no cost, following specified eligibility criteria.
Plain-language description generated by AI — not the agency’s official summary, which we have not captured for this rule. Read the official text →
The rule, in full
1,560 words as published, August 31, 2026. View the original →
APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control: 920 Department or Agency: State of Alabama Department of Veterans Affairs Rule No.: 920-X-2-.04 Rule Title: State Veterans Cemetery Intended Action Amend Would the absence of the proposed rule significantly harm or endanger the public health, welfare, or safety? No Is there a reasonable relationship between the state’s police No power and the protection of the public health, safety, or welfare? Is there another, less restrictive method of regulation available No that could adequately protect the public? Does the proposed rule have the effect of directly or indirectly increasing the costs of any goods or services involved? No To what degree?: N/A Is the increase in cost more harmful to the public than the harm that might result from the absence of the proposed rule? NA purpose of, and so they have, as their primary effect, thefor the Yes protection of the public? Does the proposed action relate to or affect in any manner any No matter of the proposed rule?is a party to concerning the subject Does the proposed rule have an economic impact? No If the proposed rule has an economic impact, the proposed rule is required to be accompanied by a fiscal note prepared in accordance with subsection (f) of Section 41-22-23, Code of Alabama 1975. Certification of Authorized Official I certify that the attached proposed rule has been proposed in full compliance with the requirements of Chapter 22, Title 41, Code of Alabama 1975, and that it conforms to all applicable filing requirements of the Administrative Procedure Division of the Legislative Services Agency. Signature of certifying officer Beverly Wi iams Beverly Williams IL E D R E C ’D & F Date Thursday, August 6, 2026 G 6, 2026 AU IVE SV C AG E N C Y LE G I L AT APA-2 STATE OF ALABAMA DEPARTMENT OF VETERANS AFFAIRS NOTICE OF INTENDED ACTION AGENCY NAME: State of Alabama Department of Veterans Affairs RULE NO. & TITLE: 920-X-2-.04 State Veterans Cemetery INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: Updated the address for the cemetery in Spanish Fort and additional changes to provide better clarity TIME, PLACE AND MANNER OF PRESENTING VIEWS: Interested individuals may provide written comments via the agency’s website at www.va.alabama.gov or may send them via the United State Post Service, addressed as: Alabama Department of Veterans Affairs Attn: Beverly Williams PO Box 1509 Montgomery, AL 36102 FINAL DATE FOR COMMENT AND COMPLETION OF NOTICE: Monday, October 5, 2026 CONTACT PERSON AT AGENCY: Beverly Williams, Deputy Attorney General (334) 242-5077 Beverly Wi iams Beverly Williams (Signature of officer authorized to promulgate and adopt rules or his or her deputy) 920-X-2-.04 State Veterans Cemetery. (1) Owned and operated by the Alabama Department of Veterans Affairs (ADVA), the Alabama State Veterans Memorial Cemetery at Spanish Fort (Cemetery) honors the service and the sacrifice of veterans and their eligible family members by providing a dignified burial with lasting remembrance through gravesites, headstones, and other memorial options. The Cemetery is operated and maintained in accordance with the operational standards and measures of the National Cemetery Administration, the laws of the State of Alabama, and the policies of the ADVA. (2) The Cemetery is located at: 34904 Alabama Highway 225American Patriots Way Spanish Fort, AL 36527 (3) Consistent with NCA guidelines, the Cemetery offers eligible individuals the following at no charge to the individual or family: (a) Grave plot or columbarium niche or a place to scatter cremains, (b) A pre-placed crypt or liner for casketed burial, (c) Opening and closing of the grave or niche, (d) An inscribed marble or granite headstone or niche cover or memorial plaque, (e) A place to conduct a committal service which may include military honors when arranged, and (f) Perpetual Care. (4) The Cemetery offers pre-registration. The pre-registration process allows individuals to establish eligibility for interment benefits in advance and document their wishes regarding certain arrangements. Pre-registration is intended to simplify and assist the next of kin at the time of death. There is no cost or obligation associated with this process. (5) Eligibility (a) Eligibility for interment or otherwise being honored at the Cemetery is determined in accordance with the laws and 2-.04-1 rules of the National Cemetery Administration and the policies of the ADVA. (b) Hmong veterans and their eligible family members, as defined and authorized by Title 38, Section 2402 of the United States Code, who would be eligible but for the military service requirement, may be interred or otherwise honored as appropriate. (c) Guardsmen and Reservists, and their eligible family members, who may not have previously qualified for interment at a national veterans cemetery because they did not meet the minimum active-duty service time, may be interred or otherwise honored as appropriate if they meet one of the following service requirements:
1. Service as a member of the reserve component of the
Armed Forces who was discharged or released from service under conditions other than dishonorable after serving at least 24-months of continuous service or whose death occurs under conditions other than dishonorable while a member of the reserve component, or
2. Service as a member of the Army National Guard or
the Air National Guard who was discharged or released from service under conditions other than dishonorable after serving at least 24- months of continuous service or whose death occurred under conditions other than dishonorable while a member of the Army National Guard or the Air National Guard, or
3. Service as a member of the Reserves Officers'
Training Corps (ROTC) of the Army; Navy; or Air Force whose death occurred under conditional other than dishonorable while a member of the ROTC. Current enrollment in good standing at the time of death will satisfy the time-in-service eligibility criteria. (d) The 24-month continuous service requirement for Guardsmen and Reservists does not include the Individual Ready Reserve (IRR) nor Inactive National Guard (ING) time. (e) It is the responsibility of the one seeking to have the individual interred or otherwise honored to prove eligibility. The following documents may be necessary to determine eligibility 2-.04-2
1. DD Form 214, Certificate of Release or Discharge
from Active Duty, or subsequently adopted document
2. DD Form 214-1 (future legislation), Certificate of
Uniformed Service, Reserve Component Addendum
3. NGB Form 22, Report of Separation and Record of
Service, Departments of the Army and the Air Force, National Guard Bureau
11. Documentation equivalent to those above or
otherwise necessary to prove eligibility as determined by the ADVA. (6) Memorial Monuments and Commemorative Works (a) The ADVA Commissioner shall evaluate the artistic and commemorative merit of any proposed Memorial monuments and commemorative works (Works) and shall determine whether a proposed Work may be placed at the Cemetery. (b) Works will only be accepted from other government entities and organizations whose purpose, objectives, teachings, and activities are primarily patriotic in nature as exemplified by their constitution, by-laws, or similar documents. 2-.04-3 (c) Works whose primary components, as determined by the ADVA, depict actual or realistic replicas of ordnances will not be accepted. (d) Works which the ADVA determines are primarily religious in nature or which feature religious emblems or themes will not be accepted. (e) Works which the ADVA determines include words or design elements that are incompatible with the ADVA’s mission to honor veteran or that could be perceived as offensive or derogatory by a reasonable person will not be accepted. (7) Unclaimed Cremains (a) Under certain circumstances, thoseAlabama funeral establishments in possession of unclaimed cremated remains are required to use their best effort to determine whether unclaimed cremated remains belong to a veteran eligible for burial in a veterans cemetery. Such funeral establishments may release identifying information to veteran service organizations or nonprofit organizations approved by the ADVA for the purpose of determining eligibility for interment/inurnment at a veterans cemetery. Where interment in a veterans cemetery is authorized, the funeral establishment may release those cremains to an approved organization for transport to a veterans cemetery for proper disposition. The purpose of this rule is to establish procedures for the approval of veteran service organizations or nonprofit organizations for these purposes. (b) A veterans service organization or nonprofit organization desiring to participate in this program shall submit to the ADVA a formal request letter with evidence of their nonprofit status and any information evidencing their mission (i.e., articles of incorporation, website, pamphlet, etc.). (c) Once this letter and evidentiary items are received, the Commissioner will determine if the request is approved. If approved, a letter from the Commissioner approving the organization will be issued. If an organization is disapproved, a letter from the Commissioner will be issued outlining the reasons for disapproval. (d) A listing of approved veteran service organizations and nonprofit organizations will be available from the ADVA’s website. 2-.04-4 Author: Jeffrey L. Newton Statutory Authority: Code of Ala. 1975, §§ 31-5-5, 34-13-122. History: Filed September 30, 1982. Repealed and New Rule: Published September 30, 2025; effective November 14, 2025. Amended: Published ______; effective ______. 2-.04-5
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet. View docket 920-X-2-.04 on Regulations.gov →
Documents
- Full text (state register) · August 31, 2026
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