5-25-13
Section 5-25-13 Rules and regulations. (a) The department may promulgate those rules and regulations,
not inconsistent with law, necessary for the enforcement of this chapter. (b) (1) Prior to
the adoption, amendment, or repeal of any regulation, the supervisor shall give at least 35
days' notice of its intended action by filing notice of intended action with the Legislative
Reference Service for publication in the Alabama Administrative Monthly. The date of publication
in the Alabama Administrative Monthly shall constitute the date of notice. The notice shall
include a statement of either the terms or substance of the intended action or a description
of the subject and issues involved, shall specify a notice period ending not less than 35
days or more than 90 days from the date of the notice, during which period interested persons
may present their views thereon, and shall specify the place where, and the manner in which,
interested persons may present their views thereon. (2) All...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
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16-22A-33
Section 16-22A-33 Submission of additional reports; suitability determination. Upon request
of the State Superintendent of Education, the Department of Public Safety shall request and
obtain nationwide criminal history background information reports from the Federal Bureau
of Investigation and statewide criminal history background information reports from the Alabama
Bureau of Investigation for each current public certified employee and current public noncertified
employee within a reasonable time after receipt of the request. Within a reasonable time after
receipt of the reports, the Department of Public Safety shall submit both the nationwide and
statewide criminal history background information reports directly to the State Department
of Education. (1) If the criminal history background information reports pertain to a current
public certified employee, the State Superintendent of Education shall review the criminal
history record information reports and make a diligent effort to...
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16-6E-4
Section 16-6E-4 Intervention in local education operations and assumption of control by State
Board of Education. The State Board of Education may intervene in the educational operations
of a city or county board of education and thereby assume general and direct control over
all decision making and operational functions of the city or county board of education under
and subject to the following terms and conditions: (1) If the State Superintendent of Education
determines that a majority of the schools in the system are priority schools, or the system
is not in compliance with Chapter 13A of this title or the accreditation status of the system
or a majority of the schools in the system has been placed on probation, or suspended, or
revoked, or if any other formal disciplinary action has been ordered by the accrediting authority,
the State Superintendent of Education shall issue a written notice to the local superintendent
of education and the presiding officer of the city or county...
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22-14-11
Section 22-14-11 Administrative action and judicial review. (a) In any proceeding under this
article: (1) For the issuance or modification of rules and regulations relating to control
or sources of ionizing radiation; (2) For granting, suspending, revoking or amending any license;
or (3) For determining compliance with rules and regulations of the agency, the agency shall
afford an opportunity for a hearing on the record upon the request of any person whose interest
may be affected by the proceeding and shall admit any such person as a party to such proceeding.
(b) Whenever the agency finds that an emergency exists requiring immediate action to protect
the public health and safety, the agency may, without notice or hearing, issue a regulation
or order reciting the existence of such emergency and requiring that such action be taken
as is necessary to meet the emergency. Notwithstanding any provision of this article, such
regulation or order shall be effective immediately. Any person to...
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22-27-11
Section 22-27-11 Violations; penalties; administrative orders; injunctive relief. (a) Any violation
of this article, any rule promulgated under the authority of this article, any order issued
under the authority, or any term or condition of any permit issued under the authority of
this article is unlawful. In addition to any penalties lawfully assessed, any person committing
a violation shall be liable for all costs of abatement of any pollution and correction of
any public nuisance caused by the violation. (b) The department may issue administrative orders
under Section 22-22A-5 or initiate civil actions, or both, as it deems necessary against any
person in the enforcement of this article, or any regulation promulgated or permit issued
under the authority of this article. (c) In addition to any other remedies provided in this
article, the department or the health department may institute suit against any person for
a violation of law or, whenever a public nuisance is threatened or...
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23-1-56
Section 23-1-56 Contracts to do work - Qualification of bidders. (a) Prequalifications of contractors.
The Director of Transportation shall require all bidders to furnish a statement under oath,
on such forms as the State Department of Transportation may prescribe, of detailed information
with respect to their financial resources, equipment, past record, and experience of both
the firm and personnel of the organization, together with such other information as the State
Department of Transportation may deem necessary for carrying out the provisions of this chapter.
Such forms shall include a financial statement actually prepared by a certified public accountant
(C.P.A.) or any independent licensed public accountant approved by the Alabama State Department
of Transportation, an inventory of equipment listing its location and book value, a listing
of material and equipment houses with whom a line of credit is established as well as those
firms from whom principal materials and equipment...
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32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses;
permits for individuals performing analyses; persons qualified to withdraw blood; presumptions
based on percent of alcohol in blood; refusal to submit; no liability for technician. (a)
Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out
of acts alleged to have been committed by any person while driving or in actual control of
a vehicle while under the influence of alcohol or controlled substance, evidence of the amount
of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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37-15-10.1
Section 37-15-10.1 Underground Damage Prevention Authority. (a) The Underground Damage Prevention
Authority is created for the purpose of enforcing this chapter and for reviewing penalty provisions
and the adequacy of the enforcement process. It is the intent of the Legislature that the
authority and its enforcement activities not be funded by appropriations from the state budget.
(b) The authority shall utilize the services of the Alabama Public Service Commission to provide
administrative support for the authority, subject to the concurrence by the authority board.
The Public Service Commission shall charge the expenses associated with the administrative
duties of the authority back to the authority, subject to the concurrence of the authority
board. The administrative support provided by the Alabama Public Service Commission to the
authority is in an administrative capacity only and nothing in this chapter shall expand the
jurisdiction of the Alabama Public Service Commission in any...
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38-12A-2
Section 38-12A-2 Enumeration of rights. The Department of Human Resources shall ensure that
each foster parent shall have all of the following rights: (1) The right to be treated with
dignity, respect, trust, value, and consideration as a primary provider of foster care and
a member of the professional team caring for foster children. (2) The right to receive information
concerning the rights enumerated in this section. (3) The right to a concise written explanation
of their role as foster parents in partnership with children and their families, the department,
and other providers, the role of the department, and the rights and role of the members of
the birth family of a child in foster care. (4) The right to training and support for the
purpose of improving skills in providing daily care and meeting the needs of the child in
foster care. (5) The right to training, consultation, and assistance in evaluating, identifying,
and accessing services to meet their needs related to their role...
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