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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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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may be organized
as a worthless check unit. Each district attorney who elects to establish the unit shall assign
sufficient staff and resources to effectively operate the unit. The worthless check unit of
the special services division of the district attorney's office shall be created for the purpose
of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After following the
requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may
present a "complaint" to the worthless check unit of the...
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40-12-290
Section 40-12-290 Registration of vintage vehicle. (a) Subject to the requirements of subsections
(b), (c), (d) and (e), the owner of a motor vehicle which is herein defined as a "vintage
vehicle", upon application to the judge of probate or commissioner of licenses on special
application forms prescribed by the Commissioner of Revenue and the payment of a registration
fee of ten dollars ($10), may register the vehicle as a "vintage vehicle" and procure
therefor permanent license plates to be issued and displayed on the vehicle. (b) Beginning
October 1, 1996, the owner of a "vintage vehicle" which is owned and operated primarily
as a collector's item may, upon satisfying the requirements of this subsection, register the
vehicle as a "vintage vehicle." The owner shall apply to the judge of probate or
county official authorized and required by law to issue license plates. The owner shall pay
a registration fee of ten dollars ($10). Upon satisfying these requirements, permanent "vintage...
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24-4A-3
Section 24-4A-3 Powers and duties of commission generally; insignia of approval; modification
of units prior to or during installation; authority of local government agencies; fee schedule;
manufactured buildings approved by other states. (a) The commission is authorized to promulgate
rules, and enter into contracts, and do such things as may be necessary and incidental to
the administration of its authority pursuant to this chapter. (b) After the effective date
of the rules adopted pursuant to this chapter, no manufactured building shall be sold, or
offered for sale, or installed, in this state unless it is approved and bears the insignia
of approval of the commission. (c) The Factory-Built Housing Act of 1971 and the rules promulgated
under that act shall continue until the effective date of subsection (b) of this section,
and thereafter shall be repealed. All personnel of the Modular Housing Division of the Alabama
Development Office shall be transferred without impairment of their...
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10A-8A-1.08
Section 10A-8A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a partnership or to another
partner or to another person that is a party to or is otherwise bound by a partnership agreement,
the partner's or other person's duties may be expanded or restricted or eliminated by provisions
in a written partnership agreement, but the implied contractual covenant of good faith and
fair dealing may not be eliminated. (2) A written partnership agreement may provide for the
limitation or elimination of any and all liabilities for...
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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
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10A-5A-1.08
Section 10A-5A-1.08 Limited liability company agreement - Scope; function; and limitations.
(a) Except as otherwise provided in subsections (b) and (c): (1) the limited liability company
agreement governs relations among the members as members and between the members and the limited
liability company; and (2) to the extent the limited liability company agreement does not
otherwise provide for a matter described in subsection (a)(1), this chapter governs the matter.
(b)(1) To the extent that, at law or in equity, a member or other person has duties, including
fiduciary duties, to the limited liability company, or to another member or to another person
that is a party to or is otherwise bound by a limited liability company agreement, the member's
or other person's duties may be expanded or restricted or eliminated by a written limited
liability company agreement, but the implied contractual covenant of good faith and fair dealing
may not be eliminated. (2) A written limited liability...
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2-15-133
Section 2-15-133 Bonds or bond equivalents; financial statements and reports; liability for
payments. (a) No license as required under Section 2-15-132 shall be issued or renewed until
the applicant therefor shall make, execute, and thereafter maintain on file with the commissioner
a bond or a bond equivalent as provided in subsection (f) in favor of the State of Alabama
or a trustee to be approved by the commissioner to secure the performance of obligations incurred
in the State of Alabama and the payment thereof to persons from whom such dealer purchases
livestock. Except as otherwise provided in this subsection, the amount of each bond shall
be not less than the next multiple of two thousand dollars ($2,000) above the average amount
of purchases of livestock purchased either as a dealer or on an agency basis in Alabama during
a period equivalent to two business days based on the total number of business days and the
total amount of such transactions during the preceding 12 months or...
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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the
purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER.
The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due
and includes failure to meet eligibility requirements, failure to identify third party liability
where applicable, any payment for an ineligible good or service, any payment for a good or
service not received, duplicate payments, invoice and pricing errors, failure to apply discounts,
rebates, or other allowances, failure to comply with contracts or purchasing agreements, or
both, failure to provide adequate documentation or necessary signatures, or both, on documents,
or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management
technique used to identify overpayments made by a state agency with respect to individuals,
vendors, service providers, and other entities in...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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