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20-1-143
Section 20-1-143 Denial of permit renewal and suspension or revocation of permit; appeals.
The State Board of Health may deny issuance of renewal of, or it may suspend or revoke a permit
issued for flagrant, serious, or continued violations of rules or public health laws. Administrative
appeals shall be made in a timely manner to the State Board of Health in accordance with rules
of the board. (1) Appeals from final rulings shall be made on the administrative record to
the circuit court of the county in which the plant is located, if within the State of Alabama,
or to the Circuit Court of Montgomery County. (2) When, in the judgment of the State Health
Officer, the operation of a permitted plant poses an immediate and serious danger, threat,
or menace to the public health, the State Health Officer shall summarily suspend the permit
issued hereunder and order the plant closed prior to an administrative hearing. Administrative
hearings on the summary suspensions shall be held as soon as...
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20-1-33
Section 20-1-33 Food safety permit. (a) No person shall operate a food sales establishment
within this state which sells baby food, infant formula, or potentially hazardous food without
a food safety permit except those persons who operate any of the following establishments:
(1) A meat processing establishment which currently has a grant of inspection from the commissioner.
(2) A meat processing establishment which currently has a grant of inspection from the United
States Department of Agriculture. (3) A food service establishment required to obtain a food
service permit through the Alabama Department of Public Health except those operated in conjunction
with a food sales establishment otherwise requiring a permit. (b) Application shall be made
to the department each year for a food safety permit on forms requiring information to be
submitted and at the times required by the department. (c) Each application shall be accompanied
by a food safety permit fee in the amount of fifty...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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9-12-126
Section 9-12-126 Inspection of oyster beds; closure order; relay of oysters from closed areas;
promulgation of rules; penalty; enforcement. (a) The State Board of Health is authorized to
inspect the waters of the state where oysters are grown and harvested. When the State Health
Officer shall determine that the waters surrounding the oyster beds are unsafe for the harvesting
of said oysters, the State Health Officer shall issue an order to close the waters around
said bed, which order shall be specific as to location of the area to be closed. Orders issued
pursuant to this section shall not be considered rules under the Alabama Administrative Procedure
Act (Section 41-22-1 et seq.). After the issuance of such a closure order, no person shall
harvest oysters in the said waters during the closure period. The State Health Officer is
authorized to permit the Department of Conservation and Natural Resources to relay oysters
from closed areas. (b) The State Board of Health is authorized to...
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28-11-9
Section 28-11-9 Suspension or revocation of permit; hearing commission; fines. (a) Subject
to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have
full and final authority as to the suspension or revocation for cause of any permit issued
pursuant to this chapter. (1) The board may appoint a hearing commission of at least three
persons which may do all of the following: a. Hear and decide all contested applications for
permits. b. Hear and decide all charges against any permit holder or employee of a permit
holder for violations of this chapter, the law, or the rules of the board. c. Revoke or suspend
permits as provided in this chapter. d. Levy administrative fines upon permit holders or employees
of permit holders. (2) No member of the hearing commission shall participate in the hearing
or disposition of any application for a permit or charge against a permit holder or an employee
of a permit holder if he or she has an interest therein or was involved...
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34-23-33
Section 34-23-33 Revocation, suspension, etc., of license or certificate; non-disciplinary
administrative penalty. (a) The board may revoke, suspend, place on probation, or require
remediation for any licensed pharmacist or a holder of a pharmacy intern or extern certificate
for a specified time as determined by the board and take the same or similar action against
the permit to operate any pharmacy in this state, whenever the board finds by a preponderance
of the evidence, or pursuant to a consent decree, that the pharmacist has been guilty of any
of the following acts or offenses: (1) Obtaining a license, permit, or registration from the
board by fraudulent means. (2) Violation of the laws regulating the sale or dispensing of
narcotics, exempt narcotics, or drugs bearing the label "caution, federal law prohibits
dispensing without prescription," or similar wording which causes the drugs to be classified
as prescription legend drugs. (3) Conviction of a felony. A copy of the record of...
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34-23-92
Section 34-23-92 Powers and duties generally. The board shall exercise, subject to this chapter,
the following powers and duties: (1) To adopt rules concerning the records and reports to
be kept and made by a pharmacy relating to the filling of prescriptions and the handling and
preservation of drugs. (2) To fix standards and requirements for licenses and permits except
as otherwise specified in this chapter. (3) To make rules and regulations regarding sanitation
consistent with state health regulations. (4) To employ such chemists, agents, clerical help,
and attorneys necessary for the proper administration of the duties of the board. (5) To employ
a Chief Drug Investigator and such other drug investigators that it deems necessary to enforce
this chapter which are under the supervision of the board. (6) To adopt rules and regulations
for the administration and enforcement of this chapter and not inconsistent herewith. Such
rules and regulations shall be referenced to the section or...
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22-22A-3
Section 22-22A-3 Definitions. For the purposes of this chapter, the following words and phrases,
unless a different meaning is plainly required by the context or by legislation governing
functions transferred by this chapter, shall have the following meanings: (1) DEPARTMENT.
The Alabama Department of Environmental Management, established by this chapter. (2) DIRECTOR.
The director of the Alabama Department of Environmental Management. (3) DIVISION. A subdivision
of the Alabama Department of Environmental Management, which may be headed by a division chief.
Such divisions may be divided into sections where appropriate. (4) ENVIRONMENTAL MANAGEMENT
COMMISSION. The Environmental Management Commission of the Alabama Department of Environmental
Management. (5) FUNCTION(S). A duty, power or program exercised by or assigned to a commission,
board or the State Health Department, including all positions and personnel relating to the
performance of such function, unless otherwise provided by...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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