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13A-6-40
Section 13A-6-40 Definitions. The following definitions apply in this article: (1) RESTRAIN.
To intentionally or knowingly restrict a person's movements unlawfully and without consent,
so as to interfere substantially with his liberty by moving him from one place to another,
or by confining him either in the place where the restriction commences or in a place to which
he has been moved. Restraint is "without consent" if it is accomplished by: a. Physical
force, intimidation or deception, or b. Any means, including acquiescence of the victim, if
he is a child less than 16 years old or an incompetent person and the parent, guardian or
other person or institution having lawful control or custody of him has not acquiesced in
the movement or confinement. (2) ABDUCT. To restrain a person with intent to prevent his liberation
by either: a. Secreting or holding him in a place where he is not likely to be found, or b.
Using or threatening to use deadly physical force. (3) RELATIVE. A parent or...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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16-6D-4
Section 16-6D-4 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ACADEMIC YEAR. The 12-month period beginning on July 1 and ending
on the following June 30. (2) DEPARTMENT OF REVENUE. The Alabama Department of Revenue. (3)
EDUCATIONAL SCHOLARSHIP. A grant made by a scholarship granting organization to an eligible
student to cover all or part of the tuition and mandatory fees for one academic year charged
by a qualifying school to the eligible student receiving the scholarship; provided, however,
that an educational scholarship shall not exceed six thousand dollars ($6,000) for an elementary
school student, eight thousand dollars ($8,000) for a middle school student, or ten thousand
dollars ($10,000) for a high school student per academic year. The term does not include a
lump sum, block grant, or similar payment by a scholarship granting organization to a qualifying
school that assigns the responsibility in whole or in part for...
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22-6-8
Section 22-6-8 Revocation of eligibility of recipient upon determination of abuse, fraud, or
misuse of benefits; when eligibility may be restored; award of restricted status to pregnant
recipient whose eligibility has been revoked. (a) Upon determination by a utilization review
committee of the designated State Medicaid Agency that a Medicaid recipient has abused, defrauded,
or misused the benefits of the program said recipient shall immediately become ineligible
for Medicaid benefits. (b) Medicaid recipients whose eligibility has been revoked due to abuse,
fraud or other deliberate misuse of the program shall not be deemed eligible for future Medicaid
services for a period of not less than one year and until full restitution has been made to
the designated State Medicaid Agency. (c) When a Medicaid recipient, whose eligibility has
been revoked due to abuse, fraud, or other deliberate misuse of the program, reapplies for
coverage during the period of suspension due to pregnancy, the...
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27-36A-18
Section 27-36A-18 Confidentiality. (a) For purposes of this section, "confidential information"
shall mean all of the following: (1) A memorandum in support of an opinion submitted under
Section 27-36A-4 and any other documents, materials, and other information, including, but
not limited to, all working papers, and copies thereof, created, produced, or obtained by
or disclosed to the commissioner or any other person in connection with such memorandum. (2)
All documents, materials, and other information, including, but not limited to, all working
papers, and copies thereof, created, produced, or obtained by or disclosed to the commissioner
or any other person in the course of an examination made under subsection (f) of Section 27-36A-15;
provided, however, that if an examination report or other material prepared in connection
with an examination made under Chapter 2 is not held as private and confidential information
under Section 27-2-24, an examination report or other material...
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32-5-192
Section 32-5-192 Implied consent; when tests administered; suspension of license or permit
to drive, etc., for refusal to submit to test. (a) Any person who operates a motor vehicle
upon the public highways of this state shall be deemed to have given his consent, subject
to the provisions of this division, to a chemical test or tests of his blood, breath or urine
for the purpose of determining the alcoholic content of his blood if lawfully arrested for
any offense arising out of acts alleged to have been committed while the person was driving
a motor vehicle on the public highways of this state while under the influence of intoxicating
liquor. The test or tests shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been driving a motor vehicle upon
the public highways of this state while under the influence of intoxicating liquor. The law
enforcement agency by which such officer is employed shall designate which of...
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34-25-22
Section 34-25-22 Applications for original license; background checks; disclosure of information.
(a) Applications for original license shall be made to the board in writing under oath on
forms prescribed by the board and shall be accompanied by the required fee, which is not refundable.
Any such application shall require such information as in the judgment of the board will enable
it to pass on the qualifications of the applicant for a license. (b) An applicant shall provide
the board with two complete sets of fingerprints to be sent to the State Bureau of Investigations
to conduct a criminal history background check. The State Bureau of Investigations shall forward
a copy of the applicant's prints to the Federal Bureau of Investigation for a national criminal
background check. (c) The request to the board shall contain the following information: (1)
Two complete functional sets of fingerprints, either cards or electronic, properly executed
by a criminal justice agency or an...
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40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
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5-13B-115
Section 5-13B-115 Seizure of foreign bank's property and business; liquidation. (a) If the
superintendent finds that any of the factors set forth in Section 5-13B-113 are true with
respect to any foreign bank which is licensed to establish and maintain an Alabama state branch
or Alabama state agency and that it is necessary for the protection of the interests of the
creditors of such foreign bank's business in this state or for the protection of the public
interest that he or she take immediate possession of the property and business of the foreign
bank, the superintendent may by order forthwith take possession of the property and business
of the foreign bank in this state and retain possession until the foreign bank resumes business
in this state or is finally liquidated. The foreign bank may, with the consent of the superintendent,
resume business in this state upon such conditions as the superintendent may prescribe by
regulation or order. (b) At any time within 10 days after the...
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5-2A-9
Section 5-2A-9 Superintendent - Procedure for promulgation of regulations; emergency regulations;
judicial review. (a) Prior to the adoption, amendment, or repeal of any regulation, the superintendent
shall: (1) Give at least 35 days' notice of the intended action. The notice shall include
a statement of either the terms or substance of the intended action or a description of the
subjects and issues involved, and the time when, the place where, and the manner in which
interested persons may present their views thereon. The notice shall be mailed to all banks
in this state and shall be published in a newspaper of general circulation in Montgomery County.
A complete copy of the proposed regulation shall be filed with the Secretary of State; and
(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments,
orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons,
by a governmental subdivision or agency, or by an...
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