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19-3B-105
Section 19-3B-105 Default and mandatory rules. (a) Except as otherwise provided in the terms
of the trust, this chapter governs the duties and powers of a trustee, relations among trustees,
and the rights and interests of a beneficiary. (b) The terms of a trust prevail over any provision
of this chapter except: (1) the requirements for creating a trust; (2) the duty of a trustee
to act in good faith and in accordance with the terms and purposes of the trust and the interest
of the beneficiaries; (3) the requirement that a trust and its terms be for the benefit of
its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public
policy, and possible to achieve; (4) the power of the court to modify or terminate a trust
under Sections 19-3B-410 through 19-3B-416; (5) the effect of a spendthrift provision and
the rights of certain creditors and assignees to reach a trust as provided in Article 5; (6)
the power of the court under Section 19-3B-702 to require,...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under this chapter,
whether for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel
wagering thereon, shall be for an initial period of 20 years, but shall be subject to renewal
as provided in this section. A commission shall have no power to modify the terms of an operator's
license, once issued, without the prior written consent of the holder of such license. An
operator's license shall be reviewed annually, but such license shall be revocable by the
commission only if the holder thereof shall not be in compliance with the provisions of this
chapter or the valid rules, regulations and orders of the commission and such noncompliance
shall have continued for 60 days after written notice shall be given to such holder by the
commission stating the circumstances of noncompliance and demanding corrective action. (b)
A commission issuing an operator's license shall state therein...
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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
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34-11-35
Section 34-11-35 Powers of the board. (a) The board shall have the power to adopt and amend
bylaws and rules not inconsistent with the constitution and laws of this state, as may be
reasonably necessary for the proper performance of its duties and the regulation of its procedures,
meetings, records, examinations, and conduct. The board shall have the power to adopt and
amend from time to time rules of professional conduct for professional engineers, engineer
interns, professional land surveyors, land surveyor interns, and corporations, partnerships,
or firms holding certificates of authorization. The board shall adopt and have an official
seal, which shall be affixed to each certificate issued. (b) In carrying into effect its duties
in any case involving the revocation of licensure or any disciplinary proceeding involving
a licensee or the holder of a certificate of authorization or practicing or offering to practice
without licensure, or false statement in connection with an...
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22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide,
withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration
if all of the following conditions are met: (1) The attending physician determines, to a reasonable
degree of medical certainty, that: a. The individual is no longer able to understand, appreciate,
and direct his or her medical treatment, and b. The individual...
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8-21B-8
Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements;
recovery of damages. (a) No supplier shall require or prohibit any change in management personnel
of any dealer unless the current or proposed management or personnel fails to meet reasonable
qualifications and standards required by the supplier for its dealers. (b) No supplier shall
engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable
and which causes damage to the dealer. (c) No supplier, without notice to existing dealers,
shall enter into a dealer agreement with another dealer who intends to conduct its dealership
operations from a place of business within the relevant market area of an existing dealer
or dealers representing the same line of heavy equipment. The appointment of a successor dealer
at the same location as its predecessor or within a two-mile radius therefrom within two years
from the date on which its predecessor ceased...
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45-2-22.04
Section 45-2-22.04 Prohibited activities - Supplier. A supplier is prohibited from doing the
following: (1) Fail to provide each wholesaler of the supplier's brand or brands with a written
agreement which contains in total the supplier's agreement with each wholesaler, and designates
a specific exclusive sales territory. Any agreement which is in existence on April 19, 2004,
shall be renewed consistent with this part; provided, that this part may be incorporated by
reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier
from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily
service a sales territory not designated to another wholesaler, until such time as a wholesaler
is appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of this part, and, with
respect to the temporary service territory, shall not have...
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45-37-21.05
Section 45-37-21.05 Prohibited activities - Supplier. A supplier shall not: (1) Fail to provide
each wholesaler of the brand or brands of the supplier with a written agreement which contains
in total the agreement of the supplier with each wholesaler, and designates a specific exclusive
sales territory. Any agreement which is in existence on May 22, 2013, shall be renewed consistent
with this part; provided, that this part may be incorporated by reference in the agreement.
Provided, however, nothing contained herein shall prevent a supplier from appointing, one
time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory
not designated to another wholesaler, until such time as a wholesaler is appointed by the
supplier; and such wholesaler who is designated to service the sales territory during this
period of temporary service shall not be in violation of this part, and, with respect to the
temporary service territory, shall not have any of the rights...
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45-49-23.03
Section 45-49-23.03 Prohibited activities Supplier. A supplier is prohibited from doing the
following: (1) Failing to provide each wholesaler of the supplier's brand or brands with a
written agreement which contains in total the supplier's agreement with each wholesaler, and
designates a specific exclusive sales territory. Any agreement which is in existence on May
13, 1993, shall be renewed consistent with this part; provided, that this part may be incorporated
by reference in the agreement. Provided, however, nothing contained herein shall prevent a
supplier from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily
service a sales territory not designated to another wholesaler, until such time as a wholesaler
is appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of this part, and, with
respect to the temporary service territory, shall not have...
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