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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged
with a felony offense, except a violent offense as defined in Section 12-25-32, may file a
petition in the criminal division of the circuit court in the county in which the charges
were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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13A-8-200
Section 13A-8-200 Block on false information in credit reports. (a) As used in this section,
the following words shall have the following meanings: (1) CONSUMER CREDIT REPORT. The term
shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC
Sections 1681a and 1681b, as amended. (2) CONSUMER REPORTING AGENCY. The term shall mean the
same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a
and 1681b, as amended. (3) PERSON. Any individual, partnership, corporation, trust, estate,
cooperative, association, government or governmental subdivision or agency, or other entity.
(b)(1) If a consumer submits to a consumer reporting agency a court order as described in
Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ
reasonable procedures to block reporting any information in the consumer's credit report identified
in the court order that is the result of a criminal violation of the...
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8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
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34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any
person who knowingly, willfully, or intentionally violates any provision of this chapter shall
be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and
separate offense. (b) When it appears to the board that any person is violating any of the
provisions of this chapter, the board may in its own name bring an action in the circuit court
for an injunction, and the court may enjoin any person from violating this chapter regardless
of whether the proceedings have been or may be instituted before the board or whether criminal
proceedings have been or may be instituted. (c) In addition to any other provisions of law,
the board may enter an order assessing a civil penalty against any nonregistered person, corporation,
or other entity found guilty by the board of, but not limited to, the following violations
of this chapter: (1) Engaging in the practice or offer to...
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34-8A-18
Section 34-8A-18 Penalties; review; disciplinary oversight of licensees; legal counsel. (a)
In addition to any other powers and functions which may be conferred upon it by law, the board
may issue an order assessing a civil penalty not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) against any person who holds himself or herself
out to the public as a licensed professional counselor or associate licensed counselor or
who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2,
or who shall engage in the private practice of counseling and does not then possess in full
force and virtue a valid license to engage in private practice as a licensed professional
counselor or associate licensed counselor under this chapter. (b) In determining the amount
of any penalty, the board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or...
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45-35-232.28
Section 45-35-232.28 Failure to appear. (a) A person released pursuant to this subpart who
willfully fails to appear before any court or judicial officer as required, shall incur a
forfeiture of any security given or pledged for release and, in addition, shall be guilty
of a Class B misdemeanor, punishable as provided by the Alabama Criminal Code. (b) Failure
to appear after notice of an appearance shall be prima facie evidence that the failure to
appear was willful. Whether the person was warned when released of the penalties for failure
to appear, shall be a factor in determining whether the failure to appear was willful. The
district attorney, or an assistant district attorney, or any other person responsible for
administering this subpart, shall initiate prosecution for violation of this subsection by
making an affidavit for a warrant to be issued by any officer authorized to issue warrants.
The person who fails to appear shall be arrested and shall be brought before a judicial...
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45-36-232.29
Section 45-36-232.29 Failure to appear. (a) Whoever, having been released pursuant to this
subpart, willfully fails to appear before any court or judicial officer as required, shall
incur a forfeiture of any security which was given or was pledged for his or her release,
and, in addition shall be guilty of a Class B misdemeanor. Such a person convicted of such
misdemeanor shall be punished as provided for in the Alabama Criminal Code, or other applicable
law. (b) Failure to appear after notice of the appearance date shall be prima facie evidence
that the failure to appear was willful. Whether the person was warned when released of the
penalties for failure to appear, shall be a factor in determining whether the failure to appear
was willful. The district attorney or any assistant district attorney, or any other person
responsible for administering this subpart, shall initiate prosecution for violation of this
provision by making affidavit for a warrant to be issued by any officer...
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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary
metals recycler contests the identification or ownership of the metal property, the party
other than the secondary metals recycler claiming ownership of any metal property in the possession
of the secondary metals recycler may, provided that a timely report of the theft of the metal
property was made to the proper authorities, bring an action in the circuit court of the county
in which the secondary metals recycler is located. The petition for the action shall include
a description of the means of identification of the metal property utilized by the petitioner
to determine ownership of the metal property in the possession of the secondary metals recycler.
If the person who sold the metal property to the secondary metals recycler is convicted of
theft of property or criminal mischief related to the removal of the metal property, the court
shall order the defendant to make full restitution to...
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45-27-82
Section 45-27-82 Recovery of court costs. (a) The office of the district attorney serving Escambia
County, Alabama, shall be allowed to establish a court cost recovery division for the purpose
of collecting assessments, costs, fees, fines, or forfeitures due to be paid to the State
of Alabama, Escambia County, municipalities within Escambia County, or any agency or subdivision
of these governments as a result of any court action or proceeding. (b) The court, the clerk
of the court, or a probation officer shall notify the district attorney in writing when any
bail bond forfeitures, court costs, fines, penalty assessments, crime victims' compensation
assessments, or like assessments in any civil or criminal proceeding ordered by the court
to be paid to the state or municipality have been paid or are in default and the default has
not been vacated. Upon notification to the district attorney, the court cost recovery division
of the district attorney's office may collect or enforce the...
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