Code of Alabama

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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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22-21-264
Section 22-21-264 Criteria for state agency review. The SHPDA, pursuant to the provisions of
Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying definitions
for reviews covered by this article. These criteria shall include at least the following:
(1) Consistency with the appropriate State Health Facility and services plans effective at
the time the application was received by the State Agency, which shall include the latest
approved revisions of the following plans: a. The most recent Alabama State Health Plan which
shall include updated inventories and separate bed need methodologies for inpatient rehabilitation
beds, inpatient psychiatric beds and inpatient/residential alcohol and drug abuse beds. b.
Alabama State Health Plan for services to the mentally ill. c. Alabama State Plan for rehabilitation
facilities. d. Alabama developmental disabilities plan. e. Alabama State alcoholism plan.
f. Such other State Plans as may from time to time be...
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25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings as to
dangerous condition, etc., of machines, etc. (a) The functions and duties of the board of
appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this title.
(2) To hold public hearings on proposed safety rules and regulations and amendments and repeals
thereof, and to promulgate and publish such rules and regulations and amendments and repeals
as provided in this chapter. (3) To hear and determine appeals from the finding of any officers
or employees of the Department of Labor that any machine, tool, equipment or structure is
in a dangerous condition or is not properly guarded or is dangerously placed, when the discontinuance
of the use thereof has been ordered. (b) When such appeal is taken by a person affected by
such order, no appeal shall be taken from such determination of the board of appeals, except
on questions of law or on the ground that the determination is...
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34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
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8-6-3
Section 8-6-3 Registration and bonds of dealers, agents, investment advisers, etc. (a) It is
unlawful for any person to transact business in this state as a dealer or agent for securities
unless he or she is registered under this article. It is unlawful for any dealer or issuer
to employ an agent unless the agent is registered. (b) It is unlawful for any person to transact
business in this state as an investment adviser or as an investment adviser representative
unless: (1) He or she is so registered under this article; (2) His or her only clients in
this state are investment companies as defined in the Investment Company Act of 1940, other
investment advisers, broker-dealers, banks, trust companies, savings and loan associations,
insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental
agencies or instrumentalities, whether acting for themselves or as trustees with investment
control, or other institutional investors as are designated by...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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16-53-3
Section 16-53-3 Board of trustees - Created; membership, eligibility, etc. (a) The board of
trustees of the state educational institution at Livingston, Alabama, now known as The University
of West Alabama, but formerly known as Livingston University, shall consist of two members
from the congressional district in which the primary campus office of the institution is located,
one member from each of the other congressional districts in the state, five members from
the state-at-large, the State Superintendent of Education, and the Governor, who shall be
ex officio president of the board. Beginning in 2006, the terms of the trustees shall be six
years, with the exceptions noted below, and no trustee may serve more than two terms except
that trustees serving in 2006 are eligible for appointment to one additional term regardless
of the previous number of terms served. All terms will expire on December 27 of the final
year of the term. Should a trustee or trustees whose term expired on...
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28-4-320
Section 28-4-320 Servants, agents, etc., and principals not to be excused from testifying against
each other on grounds of self-incrimination; immunity of said persons from prosecution for
offenses disclosed, etc. No clerk, servant, agent or employee of any person accused of a violation
of the laws to promote temperance and to suppress intemperance or prohibiting the sale, manufacture
or other disposition of liquors or beverages shall be excused from testifying against his
principal for the reason that he may thereby incriminate himself, nor shall any principal
be excused for the same reason from testifying against any clerk, servant, agent or employee
in such cases, but no testimony given by any of said parties shall in any manner in any prosecution
be used as evidence, directly or indirectly, against him, nor shall the party testifying be
thereafter prosecuted for any offense so disclosed by him. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, ยง4638; Code 1940, T. 29,...
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45-13-244
Section 45-13-244 Levy and collection of tax; use of funds for jail construction, operation,
etc., and for school purposes. (a) This section shall only apply to Clarke County. (b) As
used in this section, state sales and use tax means the tax imposed by the state sales and
use tax statutes, including, but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4,
40-23-60, 40-23-61, 40-23-62, and 40-23-63. (c)(1) The County Commission of Clarke County
may levy, in addition to all other taxes, including, but not limited to, municipal gross receipts
license taxes, a one cent ($.01) privilege license tax against gross sales or gross receipts.
Notwithstanding the foregoing, the amount of the tax authorized to be levied upon each person,
firm, or corporation engaged in the business of selling at retail machines used in mining,
quarrying, compounding, processing, and manufacturing of tangible personal property, farm
machinery, and any parts of such machines or any motor vehicle, truck...
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