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8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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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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9-16-11
Section 9-16-11 Enforcement of provisions of article - Institution of civil action for enforcement
of final order of director; engaging in surface mining without valid permit; willful misrepresentations,
etc., in applications; rights of exception and appeal. (a) Should the director determine that
any final order or determination made by him, not then the subject of judicial review, is
being violated by any operator, then the director may cause to have instituted a civil action
in any court of competent jurisdiction to forfeit the bond of the operator as to land affected
by the operator's violation of this article or for injunctive or other appropriate relief
to prevent any further or continued violation of such final order or determination. (b) Any
person required by this article to have a permit who engages in surface mining without a valid
permit to do so as prescribed by this article shall be deemed guilty of a violation of this
article and, upon complaint made by the director in a...
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22-25B-4
Section 22-25B-4 ADPH regulation of cluster wastewater systems. (a) Consistent with this chapter,
the ADPH shall promulgate and enforce such rules as are necessary to regulate cluster wastewater
systems and their wastewater management entities. Such rules may include, but may not be limited
to, the following: (1) The permitting, design, installation, repair, modification, location,
and operation requirements of cluster wastewater systems and facilities. (2) Minimum inspection,
monitoring, operating, reporting, record maintenance, and system maintenance requirements
for cluster wastewater system management entities. (3) Mechanisms, methodologies, procedures,
or guidelines, or any combination of these, to insure cluster wastewater systems and their
management entities comply with law, regulations, conditions of operational permits, and directives
of ADPH. (b) Upon failure of a cluster wastewater entity to comply with this chapter, or any
permit requirements, rule, order, or directive of...
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8-7A-17
Section 8-7A-17 Orders to cease and desist and other injunctive or civil relief. (a) If the
commission determines that any person has engaged in or is about to engage in any act or practice
constituting a violation of this chapter or a rule adopted or an order issued under this chapter,
the commission, in its discretion, may do any of the following: (1) Issue an order, with or
without a prior hearing or notice, against the person or persons engaged in the act or practice,
directing them to cease and desist from engaging in the act or practice. (2) Issue an order
appointing a receiver or conservator over a respondent or the respondent's assets. (3) Order
restitution or disgorgement against any person who has violated this chapter or any rule adopted
or order issued pursuant to this chapter. (4) Bring an action in any court of competent jurisdiction
to enjoin an act or practice and to enforce compliance with this chapter or any rule adopted
or order issued hereunder. Upon a proper...
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22-21-390
Section 22-21-390 Violations; penalties; injunctive relief. (a) Any person or corporation engaging
in the business of operating a dental service plan without first having procured a license
from the Department of Insurance, as required by this article, and any person or corporation
violating any of the provisions of this article is guilty of a misdemeanor of the first degree
and upon conviction thereof shall be punished as provided by law. (b) Any person making any
willfully false statement in any written document required by this article to be filed with
the department, or with any examiner at any investigation or hearing conducted by the department
or examiner, is guilty of perjury and shall be punished as provided by law. (c) In addition
to any other penalties provided for in this article, the department is authorized to apply
to the appropriate circuit court by sworn affidavit that it has reason to believe that a violation
of any of the provisions of this article, or of any rules...
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27-31A-11
Section 27-31A-11 Administrative and procedural authority regarding risk retention groups and
purchasing groups. The commissioner is authorized to make use of any of the powers established
under the Insurance Code of this state to enforce the laws of this state not specifically
preempted by the Risk Retention Act of 1986, including the commissioner's administrative authority
to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties,
and seek injunctive relief. With regard to any investigation, administrative proceedings,
or litigation, the commissioner can rely on the procedural laws of this state. The injunctive
authority of the commissioner, in regard to risk retention groups, is restricted by the requirement
that any injunction be issued by a court of competent jurisdiction. (Acts 1993, No. 93-674,
p. 1226, §11.)...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure.
(a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the
civil violations provided for in this part, and to issue orders imposing the civil penalties
and costs set out in this part. (b) A person who receives a notice of violation may contest
the imposition of the civil penalty by submitting a request for a hearing on the adjudication
of the civil violation, in writing, within 15 days of the 10th day after the date the notice
of violation is mailed. Upon receipt of a timely request, the city shall notify the person
of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to
contest liability in a timely manner is an admission of liability in the full amount of the
civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall
not be assessed if, after a hearing, the municipal court judge...
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22-56-4
Section 22-56-4 Rights. (a) Consumers of mental health services have the same general rights
as other citizens of Alabama. These rights include but are not limited to the following: (1)
The right to exercise rights as a citizen of the United States and the State of Alabama. (2)
The right to be served through general services available to all citizens. (3) The right to
choose to live, work, be educated, and recreate with persons who do not have disabilities.
(4) The right to be presumed competent until a court of competent jurisdiction, abiding by
statutory and constitutional provisions, determines otherwise. (5) The right to vote and otherwise
participate in the political process. (6) The right to free exercise of religion. (7) The
right to own and possess real and personal property. Nothing in this section shall affect
existing laws pertaining to conveyance of real or personal property. (8) The right to make
contracts. (9) The right to obtain a driver's license on the same basis as...
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