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2-8-250
Section 2-8-250 Enforcement duties of commissioner; revocation of certification of association.
It shall be the duty of the Commissioner of Agriculture and Industries through the facilities
of the Department of Agriculture and Industries to enforce and collect the assessment charges
levied upon the sale of agricultural commodities as set forth under the provisions of this
article and to enforce the rules and regulations of the State Board of Agriculture and Industries
relative thereto. The State Board of Agriculture and Industries shall have authority at any
time to revoke or cancel any approval or certification of an association in the event it finds
that such association is not carrying out its promotional program in accordance with the provisions
of this article and rules and regulations promulgated thereunder. Before any certification
may be revoked the certified organization shall be given notice and an opportunity to be heard
by the State Board of Agriculture and Industries upon...
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2-8-279
Section 2-8-279 Majority vote required for approval of assessment; canvass of results; limitations
on assessments. If any referendum held under the provisions of this article a majority or
more of the catfish producers eligible to participate and voting therein shall vote in the
affirmative and in favor of the levying and collection of the assessment proposed in such
referendum, then such assessment shall be levied and collected in the manner provided in this
article. Following the referendum and within 10 days thereafter, the certified association
shall canvass, tabulate and publicly declare and announce the results thereof. The amount
of the assessment levied upon the sale of catfish feed bought, sold or manufactured in the
State of Alabama shall not exceed $5.00 per ton. (Acts 1987, No. 87-587, p. 961, §10.)...
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2-8-278
Section 2-8-278 Eligibility to vote in referendum; question to be voted on. Any referendum
conducted under the provisions of this article may be held on a statewide basis pursuant to
rules and regulations adopted for the holding of such referendum. All producers of catfish
who shall be subject to any assessments levied under the provisions of this article shall
be entitled to vote in the referendum; provided, that only catfish producers who purchase
catfish feed in this state in the year immediately preceding and not less than 30 days prior
to this referendum shall be eligible to participate in this referendum. However, the certified
association may request of the catfish producer such additional information as may be required
to verify the eligibility of the producer to vote. Such data or information may include a
certification from the county extension agent's office or the United States Soil Conservation
Service office. In such referendum, individuals so eligible for participation...
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2-8-201
Section 2-8-201 Collection of assessment; "ginner" defined; remittance of assessments
by ginner; inspection of books and records by commissioner; deductions for expenses. (a) In
the event the required number of cotton producers approve, by a referendum as provided hereunder,
the levying of an assessment upon the ginning of cotton for a promotional program, the Commissioner
of Agriculture and Industries shall, within 30 days, notify in writing every person engaged
in the business of ginning cotton in Alabama that on or after the date designated in such
notice, which shall not be less than 30 nor more than 60 days after the mailing of such notice
by the Commissioner of Agriculture and Industries, the amount of the assessment levied pursuant
to the referendum shall be collected by all ginners of cotton when such cotton is ginned within
the state. (b) For the purposes of this article, the word "ginner" shall mean any
person, partnership, corporation or cooperative association, public or...
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34-29-61
VETERINARIAN. A person who is validly and currently licensed to practice veterinary medicine
in Alabama. (13) LICENSED VETERINARY TECHNICIAN. A person who is validly and currently licensed
to practice as a veterinary technician in Alabama. (14) PERSON. Any individual, firm, partnership,
association, joint venture, cooperative, or corporation or any other group or combination
acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver,
or as any kind of legal or personal representative, or as the successor in interest,
assigning agent, factor, servant, employee, director, officer, or any other representative
of such person. (15) PRACTICE OF VETERINARY MEDICINE: a. To diagnose, treat, correct, change,
relieve, or prevent animal disease, deformity, defect, injury, or other physical or
mental condition; including the prescription or administration of any drug, medicine, biologic,
apparatus, application, anesthesia, or other therapeutic or diagnostic...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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34-24-193
Section 34-24-193 Board of Physical Therapy - Powers and duties; certification fee; administrative
fines; impaired practitioner program. (a) It shall be the duty of the board to pass upon the
qualifications of applicants for licensing as physical therapists and licensing as physical
therapist assistants, to conduct examinations, to issue licenses and renewals to physical
therapists and physical therapist assistants qualifying under this article and in a proper
case to suspend or revoke the license of such persons. The board may adopt rules and regulations
not inconsistent with law as it may deem necessary for the performance of its duties; however,
the board shall not issue any rules or regulations that require a physical therapist assistant
to be within sight of a consulting physical therapist or a physical therapist supervisor while
working under the direction of that physical therapist or issue any rules, regulations, or
orders inconsistent with Section 34-24-217(b). The board shall...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
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41-18-1
or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to
paragraph (g) of this article shall be reported in the annual report of the board. Such report
shall include the nature, amount and conditions if any, of the donation, grant or services
borrowed and the identity of the donor or lender. (i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. (j) The board
shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind
these bylaws. The board shall publish its bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with the appropriate agency or officer in each
of the party states. (k) The board annually shall make to the governor and legislature of
each party state a report covering the activities of the board for the...
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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
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