1. (1) Organization. The Surplus Property Division is a division of the Alabama Department of Economic and Community Affairs.

   1. (a) Director. The Director of the Department of Economic and Community Affairs shall be responsible for the distribution, transfer, or disposal of all surplus property owned by the state and all right, title, interest, and equity in said property shall be transferred to the department for such purpose. The Director shall maintain full authority over the Surplus Property Division in its functions, duties, responsibilities and obligations under both the federal and State surplus property laws and regulations, and other laws, rules, directives, and policies.
   2. (b) Division Director. The Division Director of the Surplus Property Division shall be the administrative head of the Division. The Division Director shall supervise and control the distribution or disposal of the surplus property under the Division's domain. The Division Director shall also direct, supervise, and control the implementation and enforcement of any law, rule, regulation, policy, or directive with which the Division is charged or the performance of any of its functions or duties.
   3. (c) Administration. The Department Director and Division Director may issue such rules, directives, and policy guidance for in-house administration of the Surplus Property Program at the state level and within the Division. Each rule, directive, and policy guidance issued for in-house administration shall remain in effect until specifically superseded or rescinded. Copies of such issuances shall be maintained in the office of the Surplus Property Division and shall be made available for public inspection during normal working hours upon reasonable or timely request. Also, copies of any such issuance may be obtained by written request which describes the particular rule, directive, or policy so requested, and accompanied by a twenty-five cents ($.25) per page fee for photocopying and mailing expenses. Written requests may be addressed to the Surplus Property Division, Alabama Department of Economic and Community Affairs, P.O. Box 210487, Montgomery, Alabama 36121-0487, Telephone Number (334) 277-5866.

2. (2) Operation. The Surplus Property Division operates to dispose of all surplus state personal property; and operates the federal surplus property donation program within the State of Alabama. The Division is charged with administering the promotion, shipment, storage, public auction, public sales, and length of retention of surplus property. To fulfill its responsibilities, the Surplus Property Division may conduct the following activities.

   1. (a) Administrative office.

      1. 1. The Surplus Property Division operates two surplus property distribution centers, and may establish other centers of receiving and distributing surplus properties made available by the federal government and the various state agencies. The two centers are open five days a week, Monday through Friday, excluding state holidays, from 8:00 a.m. to 4:30 p.m. State surplus property may be turned in at the Montgomery Center or at the Eva Center with prior approval of the Surplus Property Division Director.

      2. 2. The administrative office and main surplus property distribution center are located in Montgomery. The address is:

         ADECA
         Surplus Property Division
         4401 Northern By-Pass
         P.O. Box 210487
         Montgomery, Alabama 36121-0487
         Phone: (334) 277-5866
         FAX: (334) 223-7320

         The Surplus Property Center shall serve as a centralized inspection site for state agencies and other eligible entities, and as a centralized location where public auctions and sealed bids will be conducted from time to time.

      3. 3. The Division also has a satellite warehouse at the following address:

         ADECA
         Surplus Property Division
         3445 Eva Road
         Eva, Alabama 35621; or
         P.O. Box 67, Eva Alabama 35621
         Phone: (256) 796-4434
         FAX: (256) 796-4437

   2. (b) Transfer of property. The Division will promote and authorize transfers and sale of state and federal surplus personal property among state agencies and other eligible entities. In the case of federal surplus property, the Division will screen and request only that property which is declared to be surplus by the Federal Government, and report such needs and uses to the General Services Administration for allocation. The Division is responsible for removing all federal surplus property approved for transfer to the State from the federal holding activity within fifteen (15) calendar days from the date notice is received that the property is available for pickup. If removal is not accomplished, the holding activity is authorized to make other disposal of the property. The right to possession is only granted to the Surplus Property Division. Title to the property remains in the United States of America until such time as it is received for by an authorized eligible entity or its designated representative. It is the responsibility of the Surplus Property Division to dispense all federal surplus property received to eligible entities in a fair and equitable manner based on their relative needs, resources, and abilities to utilize the property.
   3. (c) Sales to the general public. Pursuant to §41-16-123(19), the Division will offer for sale to the general public that state surplus property which has been held for a period of not less than 60 days and has been determined by the Division Director or his designee to be appropriate for such sales to the general public.
   4. (d) Public auctions and sealed bids. The Division will conduct public auctions and sealed bid sales to accomplish competitive selling at the fair market value of state and federal surplus personal property that has been held by the Division for no less than sixty (60) days for state property and nine (9) months for federal property.
   5. (e) Destruction of property. The Division may authorize the destruction of worthless state and federal surplus personal property if the condition of the property warrants such action. Such requests for destruction must be signed by the Property Manager and his/her supervisor.

Author: Shane T. Bailey

Statutory Authority: Code of Ala. 1975, §41-23-6.

History: New Rule: Filed November 25, 2002; effective December 30, 2002.