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26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23A-10.htm - 1K - Match Info - Similar pages
32-7-11
Section 32-7-11 Custody, disposition and return of security. Security deposited in compliance
with the requirements of this chapter shall be placed by the director in the custody of the
State Treasurer and shall be applicable only to the payment of a judgment or judgments rendered
against the person or persons on whose behalf the deposit was made, for damages arising out
of the accident in question in an action at law, begun not later than the period of time provided
in Section 6-2-38(l), with regard to actions for injury to the person or rights of another
not arising from contract, or any successor statute of limitations, for general negligence,
following the date of such accident or within the period of time following the date of deposit
of any security under subdivision (3) of Section 32-7-8, or to the payment in settlement agreed
to by the depositor of a claim or claims arising out of such accident. Such deposit or any
balance thereof shall be returned to the depositor or his or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-11.htm - 1K - Match Info - Similar pages
34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14-9.htm - 6K - Match Info - Similar pages
34-9-29
Section 34-9-29 Injunctions against violations of chapter. 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 said court of this state may enjoin
any person from violating this chapter regardless of whether proceedings have been or may
be instituted before the board or whether criminal proceedings have been or may be instituted.
For purposes of this section, person shall be deemed to include any individual, firm, partnership,
corporation, professional association, professional corporation or other entity. (Acts 1959,
No. 100, p. 569, §31; Acts 1985, No. 85-697, p. 1120, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-9-29.htm - 1K - Match Info - Similar pages
8-33-13
Section 8-33-13 Applicability. This chapter applies to all vehicle protection products sold
or offered for sale on or after January 1, 2007. The failure of any person to comply with
this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative
proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise
be used to prove that the action of any person or the affected vehicle protection product
was unlawful or otherwise improper. The adoption of this chapter does not imply that a vehicle
protection product warranty was insurance prior to January 1, 2007. The penalty provisions
of this chapter do not apply to any violation of this chapter relating to or in connection
with the sale or failure to disclose in a retail installment contract or lease, or contract
or agreement that provides for payments under a vehicle protection product warranty as long
as the sale of such product, contract, or agreement was otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-33-13.htm - 1K - Match Info - Similar pages
36-25-24
Section 36-25-24 Supervisor prohibited from discharging or discriminating against employee
where employee reports violation. (a) A supervisor shall not discharge, demote, transfer,
or otherwise discriminate against a public employee regarding such employee's compensation,
terms, conditions, or privileges of employment based on the employee's reporting a violation,
or what he or she believes in good faith to be a violation, of this chapter or giving truthful
statements or truthful testimony concerning an alleged ethics violation. (b) Nothing in this
chapter shall be construed in any manner to prevent or prohibit or otherwise limit a supervisor
from disciplining, discharging, transferring, or otherwise affecting the terms and conditions
of a public employee's employment so long as the disciplinary action does not result from
or is in no other manner connected with the public employee's filing a complaint with the
commission, giving truthful statements, and truthfully testifying. (c) No...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25-24.htm - 2K - Match Info - Similar pages
8-22-15
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler
and cost to the retailer, the court of jurisdiction shall receive and consider as bearing
on the bona fides of such cost, evidence tending to show that any person complained against
under this chapter purchased the motor fuel involved in the complaint, at a fictitious price,
or upon terms, or in such a manner, or under such invoices, as to conceal the true costs,
discounts or terms of purchase, and shall also receive and consider as bearing on the bona
fides of such costs, evidence of the normal, customary and prevailing terms and discounts
in connection with other sales of a similar nature in the market area. (b) Where a cost survey
pursuant to recognized statistical and cost accounting practices has been made for a market
area in which a violation of this chapter is committed or charged, to determine and establish
on the basis of actual existing conditions the lowest cost to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-15.htm - 1K - Match Info - Similar pages
27-32-30
Section 27-32-30 Claims upon liquidation of insurer - Allowance. (a) No contingent and unliquidated
claim shall share in a distribution of the assets of an insurer which has been adjudicated
to be insolvent by an order made pursuant to this chapter; except, that such claim shall be
considered, if properly presented, and may be allowed to share where: (1) Such claim becomes
absolute against the insurer on or before the last day for filing claims against the assets
of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon
the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be
insolvent, any person who has a cause of action against an insured of such insurer under a
liability insurance policy issued by such insurer shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such claim may be contingent, and
such claim may be allowed: (1) If it may be reasonably inferred from the proof...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-30.htm - 2K - Match Info - Similar pages
32-7-27
Section 32-7-27 Money or securities as proof. (a) Proof of financial responsibility may be
evidenced by the certificate of the State Treasurer that the person named in the certificate
has deposited with him or her $50,000 in cash, or securities that may legally be purchased
by savings banks or for trust funds of a market value of $50,000. The State Treasurer shall
not accept the deposit and issue a certificate pursuant to this section and the director shall
not accept the certificate unless accompanied by evidence that there are no unsatisfied judgments
of any character against the depositor in the county where the depositor resides. (b) The
deposit shall be held by the State Treasurer to satisfy, in accordance with the provisions
of this chapter, any execution on a judgment issued against the person making the deposit,
for damages, including damages for care and loss of services, because of bodily injury to
or death of any person, or for damages because of injury to or destruction of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-27.htm - 1K - Match Info - Similar pages
34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
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