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9-17-15
Section 9-17-15 Judicial review of rules, regulations or orders. Any interested person aggrieved
by any rule, regulation or order made or promulgated by the board under this article and who
may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation
was promulgated, have the right, regardless of the amount involved, to institute a civil action
by filing a complaint in the circuit court of the county in which all or part of the aggrieved
person's property affected by any such rule, regulation or order is situated to test the validity
of said rule, regulation or order promulgated by the board. Such civil action shall be advanced
for trial and be determined as expeditiously as feasible, and no postponement or continuance
thereof shall be granted except for reasons deemed imperative by the court. In such trials
the validity of any rule, regulation or order made or promulgated under this article shall
be deemed prima facie valid, and the court shall be...
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9-9-58
Section 9-9-58 Construction of article; effect of defect in proceedings upon collection of
assessment; remedies provided in article exclusive. The provisions of this article shall be
liberally construed to promote the storing of beneficial water, leveeing, ditching, draining
and otherwise to provide protection from flooding of wet and overflowed lands, and for flood
prevention or the conservation, development, utilization and disposal of water. The collection
of the assessment shall not be defeated, when the proper notices have been given, by reason
of any defect in the proceedings occurring prior to the order of the court confirming the
final report of the viewers, but such order or orders shall be conclusive and final evidence
that all prior proceedings were regular and according to law, unless they were appealed from.
If on appeal the court shall deem it just and proper to release any person or to modify his
assessment or liability, it shall in no manner affect the rights and...
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11-51-201
Section 11-51-201 Applicability of provisions of state sales tax law; collection of tax on
vehicles not sold through licensed Alabama dealer. (a) All taxes levied or assessed by any
municipality pursuant to the provisions of Section 11-51-200 shall be subject to all definitions,
exceptions, exemptions, proceedings, requirements, provisions, rules and regulations promulgated
under the Alabama Administrative Procedure Act, direct pay permit and drive-out certificate
procedures, statutes of limitation, penalties, fines, punishments, and deductions for the
corresponding state tax as are provided by Sections 40-2A-7, 40-23-1, 40-23-2, 40-23-2.1,
40-23-4 to 40-23-31, inclusive, 40-23-36, 40-23-37, except for those provisions relating to
the tax rate, and 40-23-38, except where inapplicable or where otherwise provided in this
article. (b) Notwithstanding the provisions of subsection (a), the tax provided in Section
11-51-200 on any automotive vehicle, truck trailer, trailer, semitrailer, or...
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11-51-203
Section 11-51-203 Applicability of provisions of state excise or use tax law; collection of
tax on vehicles sold by dealers not licensed in Alabama or by licensed dealers who fail to
collect sales taxes; fees. (a) All taxes levied or assessed by any municipality pursuant to
the provisions of Section 11-51-202 shall be subject to all definitions, exceptions, exemptions,
proceedings, requirements, provisions, rules and regulations promulgated under the Alabama
Administrative Procedure Act, direct pay permit and drive-out certificate procedures, statutes
of limitation, penalties, fines, punishments, and deductions for the corresponding state tax
as are provided by Section 40-2A-7 and Article 2 of Chapter 23 of Title 40, except where inapplicable
or where otherwise provided in this article. (b) Notwithstanding the provisions of subsection
(a), the tax provided in Section 11-51-202 on any automotive vehicle, truck trailer, trailer,
semitrailer, or travel trailer required to be licensed with...
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27-2-19
Section 27-2-19 Enforcement of insurance code. The commissioner may institute such actions
or other proceedings as may be required for enforcement of any provisions of this title. If
the commissioner has reason to believe that any person has violated any provision of this
title for which criminal prosecution would be in order, he shall give the information relative
thereto to the Attorney General or the district attorney having jurisdiction of any such violation.
The Attorney General shall promptly institute such action or proceeding against such person
as the information may require or justify. (Acts 1971, No. 407, p. 707, ยง30.)...
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8-17-23
Section 8-17-23 Enforcement of article; approval and registration of brands and labels; rules
and regulations. The Commissioner of Agriculture and Industries shall enforce the provisions
of this article as in the case of other provisions of Chapter 1 of Title 20, and may approve
and register such brands and labels intended for use under the provisions of this article
as may be submitted for that purpose and as may, in his or her judgment, conform to the requirements
of this article; provided, that in any prosecution under this article the fact that any brand
or label involved in such prosecution has not been submitted to the commissioner for approval
or, if submitted, has not been approved by him or her shall be immaterial. In addition, the
commissioner may make and adopt rules and regulations pursuant to the Administrative Procedure
Act as he or she deems necessary to carry out this article and may establish a filing fee
to accompany each application for approval and registration of a...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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2-11-97
Section 2-11-97 Appeal from grading. (a) Any person aggrieved by the grading by any employee
of the commissioner of any grain for which federal standards have been adopted by the state
may appeal such grading in accordance with the provisions of the United States Grain Standards
Act and regulations promulgated thereunder. (b) Any person aggrieved by the grading by any
employee of the commissioner of any grain for which federal standards have not been fixed
but for which state grades have been established under the provisions of this article may
appeal the question to the commissioner. The commissioner shall make such tests as shall be
deemed necessary to determine the correct grade of the grain in question and, after making
such tests, shall issue or cause to be issued an appeal grade certificate to all interested
parties. Said certificate shall take such form as is prescribed by the commissioner in the
rules and regulations promulgated by the State Board of Agriculture and Industries....
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2-21-25
Section 2-21-25 Rules and regulations. (a) The commissioner, with the approval of the board,
is authorized to promulgate such rules and regulations for commercial feeds and pet foods
as are specifically authorized in this chapter and such other reasonable rules and regulations
as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity,
the commissioner shall, by regulations, adopt, unless he determines that they are inconsistent
with the provisions of this chapter or are not appropriate to conditions which exist in this
state, the following: (1) The official definitions of feed ingredients and official feed terms
adopted by the Association of American Feed Control Officials and published in the official
publication of that organization; and (2) Any regulation promulgated pursuant to the authority
of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.); provided, that
the commissioner, with the approval of the board, would have...
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2-25-6
Section 2-25-6 Inspection certificate required for nurserymen and dealers in nursery stock;
fees. (a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for
sale or distribution in this state any nursery stock, he or she shall apply for and obtain
from the commissioner an inspection certificate indicating compliance with the provisions
of this article and the rules and regulations promulgated thereunder. The inspection certificate
shall, among other requirements, be based upon an inspection conducted by the commissioner
of the nursery stock and the area where it is kept, stored or grown. The inspection certificate
issued by the commissioner shall expire on September 30 and shall be renewable on or before
October 1 for the succeeding fiscal year. (2) Where nursery stock is grown at more than one
location by one nurseryman, fees shall be based upon the previous year's volume of sales,
and established by rule of the Board of Agriculture and Industries, and the...
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