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34-3-82
Section 34-3-82 Power of subpoena. In the investigation of charges of professional misconduct,
the board and any committee appointed by it for this purpose shall have power to summon and
examine witnesses under oath and compel their attendance and the production of books, papers,
documents, and other writings necessary or material to the inquiry. Such summons or subpoena
shall be issued under the hand of the secretary of the board or the chairman of any duly constituted
subcommittee of the board and shall have the force of a subpoena issued by a court of competent
jurisdiction, and any witness or other person who shall refuse or neglect to appear in obedience
thereto or who shall refuse to be sworn or testify or produce books, papers, documents, or
other writings demanded shall be liable to attachment upon application to the Supreme Court
of the state or to any judge of any court of record for the district where the investigation
is conducted as in cases of contempt. (Acts 1923, No....
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9-16-78
Section 9-16-78 Hearing officer; powers; witness fees. (a) No hearing officer shall participate
in a hearing if he or she has an interest therein. At any such hearing all testimony shall
be given under oath and be recorded, but need not be transcribed unless an appeal is made.
(b) The manner in which hearings before hearing officers shall be presented and the conduct
of hearings and appeals before hearing officers shall be in accordance with regulations prescribed
by the regulatory authority. (c) In the discharge of his or her duties under this article,
any hearing officer shall have power to administer oaths, certify to official acts, take and
cause to be taken depositions of witnesses, issue and serve subpoenas, compel the attendance
of witnesses and the production of papers, books, accounts, payrolls, documents, records,
and testimony, provide for site inspections or inspections of other operations. In the event
of failure of any person to comply with any subpoena lawfully issued,...
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34-24-363
Section 34-24-363 Witnesses - How subpoenaed and sworn; failure to comply. (a) To any such
hearing witnesses may be subpoenaed by the commission on its own motion, or on the demand
of either side by subpoena signed by the chairman of the commission, or by the executive officer
of the commission, and such subpoenas may be served by any sheriff of the State of Alabama,
or by the executive officer of the commission or by any person designated by the executive
officer; and, if served by anyone other than a sheriff, the return of service shall be sworn
to by the person before some officer authorized to administer oaths. Witnesses may be sworn
by the chairman or by the person discharging the duties of the chairman. Similar subpoenas
may be issued directing the production of books, papers, or documents at the hearing. (b)
In conducting its investigations, the State Board of Medical Examiners shall have the authority
to subpoena witnesses and command the production at any of its meetings of...
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41-4-36
Section 41-4-36 Inspection and production of books, records, accounts, etc.; examination of
witnesses. The Director of Finance and any authorized officer or employee of the Department
of Finance shall, in the performance of his official duties, for the purpose of examination,
have access to, and the right to copy from, any book, record, account, document, receipt or
paper of any of the departments, boards, bureaus, commissions, agencies, offices or institutions
of the state or of any of the counties, municipal corporations, political subdivisions or
public bodies in the state or of the officers or employees thereof, in such manner as may
be reasonable and at reasonable times. The Director of Finance or any officer or employee
of the Department of Finance designated by the director, in the performance of his official
duties, shall have the power to administer oaths, certify to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, compel the attendance of...
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8-19-9
Section 8-19-9 Discovery of information. Before any action is commenced, the Attorney General
or the district attorneys may issue subpoenas to any person to appear and produce relevant
papers, documents, and physical evidence, and administer an oath or affirmation to any person,
in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas
shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon
failure of a person without lawful excuse to obey such subpoena, the Attorney General or district
attorney may apply to a court of competent jurisdiction for an order compelling compliance.
After an action is commenced, discovery may proceed in accordance with the Alabama Rules of
Civil Procedure. (Acts 1981, No. 81-355, p. 510, §9.)...
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13A-6-161
Section 13A-6-161 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Before the Attorney General
commences any action under this article, the Attorney General may issue subpoenas to any person
to appear and produce relevant papers, documents, and physical evidence, and administer an
oath or affirmation to any person, in aid of any investigation or inquiry into possible violations
of this article. The subpoenas shall be served in accordance with the appropriate Alabama
Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena,
the Attorney General may apply to a court of competent jurisdiction for an order compelling
compliance. After an action is commenced, discovery may proceed in accordance with the Alabama
Rules of Civil Procedure. (Act 2018-506, §4.)...
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert
a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims
of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical
evidence, and administer an oath or affirmation to any person, in aid of any investigation
or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance
with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful
excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction
for an order compelling compliance. After an action is commenced, discovery may proceed in
accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name
of the state, as necessary, to seek injunctive and any other...
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34-22-8
Section 34-22-8 Disciplinary action; charges; hearing; judicial procedure; appeals; sanctions;
immunity of board, etc., from suit. (a) Any person, including a licensed optometrist may initiate
a charge of violation of the provisions of this chapter or a charge of misconduct by a licensed
optometrist by filing with the secretary of the board a written statement under oath of the
charge or charges against the accused. If a member of the board files a charge, the member
shall not participate in the hearing or disposition of the charge, except to the extent of
giving testimony in connection with the charge. The member filing the charge shall not be
present during the hearing or deliberation of the charge except to give testimony. A discreet
preliminary investigation into the charge or charges shall be made by the board, after which,
if the board is reasonably satisfied that the charge or charges are not frivolous, the board
shall hear the charge or charges under rules of procedure to be...
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34-24-173
Section 34-24-173 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. The board shall give effect to the rules
of privilege recognized by law. Except as hereinafter provided, objections to evidentiary
offers may be made and shall be noted in the record. Whenever any evidence is excluded as
inadmissible, all such evidence existing in written form shall remain a part of the record
as an offer of proof. The party seeking the admission of oral testimony may make an offer
of proof by means of a brief statement on the record describing the testimony excluded. All
rulings on the admissibility of evidence shall be final and shall appear...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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