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2-15-136
Section 2-15-136 Penalty for violations of provisions of article; injunctive proceedings to
restrain operation by dealer in violation of provisions of article. (a) Any person who shall
engage in business as a dealer as defined in Section 2-15-131 without having a license as
required by subsection (a) of Section 2-15-132 or any person who shall violate any of the
other requirements of this article shall be guilty of a misdemeanor and, upon conviction,
shall be punished as prescribed by law for such offense. (b) In addition to the penalty provided
under subsection (a) of this section, the commissioner may apply by a petition to a circuit
court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant
a temporary restraining order or permanent injunction or both restraining and enjoining any
person from engaging in the business of a dealer as defined in Section 2-15-131 in violation
of any of the requirements of this article, or engaging in or continuing to...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of article,
rules, etc. Whenever it shall appear that any person is violating or threatening to violate
any provision of this article or any rule, regulation or order made under this article and
unless the board without litigation can effectively prevent further violation or threat of
violation, then the board, through the Attorney General, who may call to his assistance the
district attorney of the circuit in which civil action is instituted, shall bring in the name
of the State of Alabama against such person in the circuit court in the county of the residence
of the defendant or, if there is more than one defendant, in the circuit court of the county
of the residence of any of them or in the circuit court of the county in which such violation
is alleged to have occurred, a civil action to restrain such person from continuing such violation
or from carrying out the threat of violation. In such civil...
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5-18-10
Section 5-18-10 Examinations of licensees; investigations; enforcement powers of supervisor.
(a) Annual examinations of licensees. At least once each year and at such other time as may
be deemed necessary by the Supervisor of the Bureau of Loans, an examination shall be made
of the place of business of each licensee and of the loans, transactions, books, papers, and
records of the licensee so far as they pertain to the business licensed under this chapter.
As cost of examination, the licensee shall pay to the Bureau of Loans the actual cost of each
examination, the amount of which shall be reasonably prescribed under rules and regulations
promulgated by the Superintendent of Banks; provided, however, the cost for each day of examination
by each examiner shall not exceed eight times the average hourly rate for auditing purposes
as charged by three recognized certified public accountancy firms in the City of Montgomery,
Alabama. In addition thereto, the licensee shall pay as per diem the...
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9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name of
the state, seeks enforcement of this article or of any rule, regulation or order issued under
this article, as provided in Section 9-17-17 or in any civil action where an interested party
seeks to test the validity of or enjoin the enforcement of this article or any rule, regulation
or order issued under this article as provided in Section 9-17-16, either party shall have
the right of an immediate appeal to the Supreme Court from any judgment or order therein granting
or refusing an injunction, whether temporary restraining order, preliminary injunction or
permanent injunction, or other character of injunctive relief, or from any order granting
or overruling a motion to dissolve such injunction. The manner of presenting any appeal as
provided for in this section shall be governed by the provisions of the rules and laws of
the State of Alabama regulating appeals in injunction proceedings. (Acts...
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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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2-15-70
Section 2-15-70 Operation of livestock market without permit, etc.; disposition of fines; injunctive
proceedings to restrain operation of livestock market in violation of provisions of division.
(a) It shall be unlawful for any person to violate any of the provisions and requirements
of this division or to fail or refuse to perform any duty or requirement imposed by the provisions
of this division or to operate a livestock market without having a valid permit as required
under the provisions of this division, and it shall also be unlawful for any person to operate
a livestock market after the permit to so operate has been revoked under the provisions of
this division. Each day's operation of a livestock market without a permit shall constitute
a separate violation. Any person operating a livestock market without a permit shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $500.00
and, within the discretion of the court, may be...
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2-8-211
Section 2-8-211 Penalty; inspection of books and records; injunctions. (a) Any ginner of cotton
who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries
any assessment required by this article to be so collected and remitted to the commissioner
shall be guilty of a Class C misdemeanor. Any ginner of cotton who fails or refuses to allow
the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect
and review his books and records which disclose the bales of cotton he ginned for the purpose
of ascertaining accuracy of amounts of assessments collected and remitted as required under
this article shall also be guilty of a Class C misdemeanor. (b) In addition to the above penalty
and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof,
shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both,
restraining and enjoining any person from...
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2-8-252
Section 2-8-252 Penalty for failure to deduct and pay over assessment, obtain permit, etc.;
injunctive relief authorized. (a) Any dealer, handler, processor, or other purchaser of wheat,
corn, grain sorghum, and oats who willfully fails or refuses to deduct and pay to the Commissioner
of Agriculture and Industries any assessment required to be so deducted and remitted to the
commissioner or who fails or refuses to obtain a permit authorizing the purchase of wheat,
corn, grain sorghum, and oats in Alabama shall be guilty of a misdemeanor and upon conviction
shall be fined not less than $25.00 nor more than $500.00 and within the discretion of the
court, may also be imprisoned for a term not to exceed six months. Any purchaser of wheat,
corn, grain sorghum, and oats who fails or refuses to allow the Commissioner of Agriculture
and Industries or his authorized agents and employees to inspect and review his books and
records which disclose his purchases of wheat, corn, grain sorghum, and...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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