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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or
order issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000
per violation and shall be adjudged in contempt. For the purpose of this section, any
circuit court issuing an injunction or order under this chapter shall retain jurisdiction,
and in such cases the Attorney General or the district attorney acting in the name of the
state may petition for recovery of such civil penalties. (b) Any person who is knowingly engaging
in or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5
shall forfeit and pay a civil penalty of not more than $2,000 per violation upon petition
by the Attorney General or a district attorney acting in the name of the state to the circuit
court for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to
determine the suitability of each petitioner and the home in which the adoptee will be placed.
The investigation shall include a criminal background investigation and any other circumstances
which might be relevant to the placement of an adoptee with the petitioners. A copy of the
pre-placement investigation shall be filed with the court when the petition for adoption is
filed. (b) An individual or couple may initiate a pre-placement investigation by request directly
through the Department of Human Resources or a licensed child placing agency or by filing
a request with the probate court. The court may appoint any agency or individual qualified
under subsection (d) to perform the pre-placement investigation. Upon completion of the investigation,
a copy of the report shall be sent to the petitioners. The report is to be filed with the
court at the time of the filing of the petition for adoption. (c)...
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2-17-30
Section 2-17-30 Jurisdiction and prosecution of injunctive proceedings under chapter
or regulations promulgated thereunder. The circuit courts of the several counties of this
state are vested with jurisdiction specifically to enforce and to prevent and restrain violations
of this chapter or any regulation promulgated under authority thereof by temporary restraining
order or permanent injunction or otherwise. Petitions for injunctive relief as authorized
hereunder shall be filed in the circuit court of the county of residence of the person who
violates the provisions of this chapter. Any action commenced hereunder based upon facts furnished
by the Commissioner of Agriculture and Industries or others having knowledge thereof may be
brought in the name of the State of Alabama upon the relation of the Attorney General and
with his approval, and such officer shall upon request be assisted by the district attorney
or deputy district attorney of the judicial circuit in which injunctive...
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26-2B-104
Section 26-2B-104 Communication between courts. (a) A court of this state may communicate
with a court in another state concerning a proceeding arising under this chapter. The court
may allow the parties to participate in the communication. (b) If the parties are not allowed
to participate in the communication, the court shall give all parties the opportunity to present
facts and legal arguments before the court issues an order establishing jurisdiction. (c)
Except as otherwise provided in subsection (d), the court shall make a record of any communication
under this section and promptly inform the parties of the communication and grant them
access to the record. (d) Courts may communicate concerning schedules, calendars, court records,
and other administrative matters without making a record. (Act 2010-500, p. 782, ยง1.)...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken
only from an order on hearing, or as to a matter on which the commissioner has refused or
failed to hold a hearing after demand therefor under Section 27-2-28 or as to a matter
as to which the commissioner has refused or failed to make his order on hearing as required
by Section 27-2-31. Any person who was a party to such hearing or whose pecuniary interests
are directly and immediately affected by any such refusal or failure to grant or hold a hearing
and who is aggrieved by such order, refusal, or failure may appeal from such order or as to
any such matter within 30 days after: (1) The order on hearing has been mailed or delivered
to the persons entitled to receive the same; (2) The commissioner's order denying rehearing
or reargument has been so mailed or delivered; (3) The commissioner has refused or failed
to make his order on hearing as required under Section 27-2-31; or (4) The commissioner...
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33-7-53
Section 33-7-53 Development and relief work upon and abutting on tidelands. In order
to encourage the building of bridges, causeways and other development work and relief work,
the owner of any lands in the State of Alabama abutting on tidelands, the title to which or
control of which may now or hereafter be vested in the State of Alabama, which shall not have
been improved by or under valid public authority and shall not be otherwise devoted to public
use, shall be authorized to acquire such tidelands and to fill, reclaim or otherwise improve
same and to fill in, reclaim or otherwise improve the abutting submerged land and to own,
use, mortgage and convey the lands so reclaimed, filled or improved, and any improvements
thereon, under and subject to the conditions and approval herein stated. Any such improvement
shall conform to any harbor line established at the time of such improvement by state or federal
authority having jurisdiction over such matters, or if not then already...
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34-21A-25
Section 34-21A-25 Penalties and sanctions. (a) Any person who undertakes or attempts
to undertake the business of manufacturing, installing, servicing, cleaning, repairing, or
maintaining any onsite sewage system or equipment without first having obtained and having
possession of a current, valid license from the board or who knowingly presents or files false
information with the board for the purpose of obtaining a license or otherwise fraudulently
obtains a license, or who knowingly violates any provision of this chapter regulating the
onsite sewage industry shall be guilty of a Class A misdemeanor, as defined by the state criminal
code. (b) Whenever it appears to the board that an individual has violated or is about to
violate this chapter, it may in its own name petition the circuit court of the county where
the violation is occurring or is about to occur to issue a temporary restraining order or
other appropriate injunctive relief enjoining the violation. (c) The board may...
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not
assert a claim of patent infringement in bad faith. (b) The Attorney General may investigate
claims of patent infringement alleged to have been made in bad faith and may do both of the
following: (1) Issue subpoenas to any person to appear and produce relevant papers, documents,
and physical evidence, and administer an oath or affirmation to any person, in aid of any
investigation or inquiry into possible violations of this chapter. Subpoenas shall be served
in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person
without lawful excuse to obey a subpoena, the Attorney General may apply to a court of competent
jurisdiction for an order compelling compliance. After an action is commenced, discovery may
proceed in accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action
in the name of the state, as necessary, to seek injunctive and any other...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a
hearing at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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13A-6-162
Section 13A-6-162 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any
person, corporation, or other legal entity who engages in any act or practice that violates
this article is liable for a civil penalty of up to fifty thousand dollars ($50,000) for each
violation. (b) Any person, corporation, or other legal entity who violates the terms of an
injunction or order issued under this article shall forfeit and pay a civil penalty of not
more than seventy-five thousand dollars ($75,000) per violation and shall be adjudged in contempt.
For the purpose of this section, any court issuing an injunction or order under this
article shall retain jurisdiction, and in such cases the Attorney General may petition for
recovery of civil penalties. (c) Upon a second or continuing violation of an injunction after
imposition of the sanctions in subsection (b), and upon petition by the Attorney General,...
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