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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not
exceed $5,000.00 for each violation. Each day of continuing violation may be deemed a separate
violation for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties'
right to take civil action; amendment of complaint; subpoenas; refusal to allow discovery;
hearing; panel opinion and order; review. (a) If not sooner resolved, the investigator, upon
completion of his investigation, shall submit to ADECA a statement of the facts disclosed
by his investigation and recommend either that the complaint be dismissed or that a panel
of office members be designated to hear the complaint. ADECA, after review of the case file
and the statement and recommendation of the investigator, shall issue an order either of dismissal
or for a hearing, which is not subject to judicial or other further review. (b) If the order
is for dismissal, ADECA shall mail a copy of the order to the complainant and the respondent
at their last known addresses. The complainant may bring an action against the respondent
in circuit court within 90 days of the date of the dismissal or within one year...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-8-13.htm - 7K - Match Info - Similar pages
25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing.
(a) Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17),
25-8-36, 25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54,
25-8-57, 25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand
dollars ($1,000) to five thousand dollars ($5,000) upon the following...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-8-59.htm - 5K - Match Info - Similar pages
25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a)
Generally. The contributions, interest, and penalties required to be paid under this chapter
shall be a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-134.htm - 18K - Match Info - Similar pages
9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations;
hearings; entry of orders by director; appeals from orders of director. (a) Whenever the director
determines that any operator has not complied with the provisions of this article and is therefore
in violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-10.htm - 4K - Match Info - Similar pages
22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this
section, it is the intention of this chapter to occupy by preemption the field of air
pollution control within all areas of the State of Alabama. However, nothing in this section
shall be construed to limit or abrogate any private remedies now available to any person for
the alleviation, abatement, control, correction, or prevention of air pollution or restitution
for damage resulting therefrom. (b) Subject to the provisions of this section, each
municipal governing body which had municipal ordinances in effect on, or before, July 1, 1969,
which pertain to air pollution control and which provide for the creation and establishment
of an air pollution control board and each county board of health shall have the authority
to establish, and thereafter administer, within their jurisdictions, a local air pollution
control program which: (1) Provides, subject to subsection (d) of this section, by
ordinance,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-28-23.htm - 9K - Match Info - Similar pages
22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that,
in order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30E-10.htm - 3K - Match Info - Similar pages
34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties;
appeal. (a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board
and with prior notice and opportunity for hearing in accordance with this chapter and the
Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension,
or revocation of a license or any person may file a written complaint with the board seeking
the denial, suspension, or revocation of an application for licensure or license issued by
the board or the investigation of any unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges,
including notice of the time and place of hearing, shall be served by certified mail, return
receipt requested, at least 21 days before the scheduled hearing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14C-6.htm - 8K - Match Info - Similar pages
34-1A-7
Section 34-1A-7 Licenses - Required. (a) Effective January 1, 1998, it shall be unlawful
for any person or business entity to engage in a business regulated by this chapter in this
state without a current valid license or in violation of this chapter and applicable rules
and regulations of the board. (b) Effective January 1, 1998, it shall be unlawful for a person
or business entity not licensed under this chapter to advertise or hold out to the public
that he or she is a licensee of the board. (c) Any person or business entity who violates
this chapter or any order, rule, or regulation of the board shall be guilty of a Class A misdemeanor,
and for each offense for which he or she is convicted shall be punished as provided by law.
(d) Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally
do any of the following: (1) Obliterate the serial number on an alarm system for the purpose
of falsifying service reports. (2) Knowingly and deliberately...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-1A-7.htm - 7K - Match Info - Similar pages
5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person
which, when combined with all other loans to such person, would cause total loans to that
person to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not
secured, or (2) Twenty percent of the capital accounts of the bank, if loans in excess of
10 percent of capital are fully secured. (b) No loans which would exceed the limitation set
forth in subsection (a)(1) shall be made unless duly authorized or approved in advance by
the board of directors of the bank, a committee of the board of directors of the bank, or
a loan committee, with such authorization or approval recorded in minutes of the meeting at
which the authority was given. (c)(1) As used in this section, the term "capital
accounts" shall include capital, surplus, and undivided profits as defined in Section
5-1A-2, together with obligations of the bank subordinated in priority upon liquidation or
dissolution to...
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