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15-27-17
Section 15-27-17 Filing under false pretenses. Upon determination by the court that a petition
for expungement was filed under false pretenses and was granted, the order of expungement
shall be reversed and the criminal history record shall be restored to reflect the original
charges. (Act 2014-292, p. 1043, §17.)...
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12-26-10
Section 12-26-10 Determination that petition filed under false pretenses, etc.; voiding of
order; revocation of order. (a) If a court makes a preliminary determination that a petition
for an order of limited relief was filed under false pretenses or supported by false evidence,
the court shall notify the petitioner, and the petitioner shall have 30 days to file a response
to the court's determination. After 30 days or the filing of the response, whether or not
the petitioner was able to be located, the court may order a hearing or enter an order revoking
the order. (b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited
relief. (c) When an order is issued while the petitioner is on probation for the related offense,
the court may revoke the order upon a finding that the petitioner has violated the terms or
conditions of probation. (Act 2019-464, §10.)...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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25-4-91
Section 25-4-91 Determinations and redeterminations upon claims for benefits. (a) Determination
by examiner. A determination upon a claim filed pursuant to Section 25-4-90 shall be made
promptly by an examiner designated by the secretary, and shall include a statement as to whether
and in what amount a claimant is entitled to benefits and, in the event of denial, shall state
the reasons therefor; except, that where he deems additional evidence to be needed, the examiner
may refer such claim or any question involved therein to an appeals tribunal who shall make
this decision with respect thereto in accordance with the proceeding prescribed in Section
25-4-93. A determination with respect to the first week of a benefit year shall also include
a statement as to whether the claimant has been paid the wages specified under subdivision
(a)(5) of Section 25-4-77 and if so, the first day of the benefit year, his weekly benefit
amount, and the maximum total amount of benefits payable to him...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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34-27C-4
Section 34-27C-4 License application; renewal; fee. (a) Commencing on May 21, 2009, any security
officer, armed security officer, or contract security company providing private security services
in this state shall apply to the board for a license or certification. Any security officer,
armed security officer, or contract security company providing security services in this state
before May 21, 2009, may continue to engage in business operations pending a final determination
by the board, provided such security officer, armed security officer, or contract security
company files an application for license. This chapter shall not abrogate the terms of a contract
existing on May 21, 2009. (b) An application for licensure or certification shall include
all of the following information: (1) The full name, home address, post office box, and actual
street address of the business of the applicant. (2) The name under which the applicant intends
to do business. (3) The full name and address of...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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41-9-601
Section 41-9-601 Obtaining, etc., of criminal offender record information under false pretenses,
falsification of information, etc. Any person who willfully requests, obtains, or seeks to
obtain criminal offender record information under false pretenses or who willfully communicates
or seeks to communicate criminal offender record information to any agency or person except
in accordance with this article, or any member, officer, employee, or agent of AJIC, ALEA,
or any participating agency who willfully falsifies criminal offender record information or
any related records, for each offense, shall be fined not less than five thousand dollars
($5,000) nor more than ten thousand dollars ($10,000) or imprisoned in the state penitentiary
for not more than five years or both. (Acts 1975, No. 872, §35; Act 2019-495, §1.)...
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25-5-294
Section 25-5-294 Communications, etc. privileged; documentation; release of records or information;
penalty for obtaining information under false pretenses. (a) All letters, reports, communications,
and other matters, written or oral, from employer or employee to each other, to the Secretary
of the Department of Labor, any of his or her agents, representatives, or employees, or to
any official or board functioning under this article, which have been written, sent, delivered,
or made in connection with the requirements and administration of this article, shall be absolutely
privileged. Information obtained from the above mentioned matters shall be held confidential,
except to the extent necessary for the proper presentation of the contest of a claim, and
shall not be published or open to public inspection in any manner. Any person violating this
section shall be fined not less than $20.00 nor more than $200.00, or imprisoned for not longer
than 30 days, or both. (b) The secretary may...
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