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40-1-2
Section 40-1-2 Lien for taxes - Generally. (a) If any person liable to pay any tax, other than
ad valorem taxes, neglects or refuses to pay the same the amount, including any interest,
penalty, additional amount, or addition to such tax, together with any costs which may accrue
in addition thereto, shall be a lien in favor of the State of Alabama upon all property and
the rights to property, real or personal, belonging to such person. Unless another date is
specifically fixed by law, the lien shall arise at the time the assessment list, return therefor
or the payment thereof, as the case may be, was due to have been filed with or made to the
Department of Revenue or other agency of the state or county and shall continue until the
liability for such amount is satisfied or becomes unenforceable by reason of the lapse of
time. (b) Such lien shall not be valid against any mortgagee, purchaser in the usual course
of trade, or conventional judgment creditor with an actual money judgment of...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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9-8-59
Section 9-8-59 Board of directors - Composition; qualifications, election and terms of office
of members; vacancies; officers; quorum; prior elections, etc., ratified, etc. (a) Within
30 days after a watershed conservancy district is created under the provisions of this article,
the board of supervisors shall cause an election, after due notice has been given, to be held
therein for the election of a board of directors of such watershed conservancy district. All
owners of lands lying within the district shall be eligible to vote in such election, and
only such landowners shall be eligible to vote. The board of directors shall be composed of
five members, whose terms of office shall be four years. A director shall hold office until
his successor has been elected and has qualified. Such board of directors shall, under the
supervision of the board of supervisors, be the governing body of the watershed conservancy
district. Successors to the first elected directors shall likewise be...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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34-12-35
Section 34-12-35 Powers generally. The board shall have the power to make all bylaws and rules,
not inconsistent with the constitution and laws of this state, which may be reasonably necessary
for the proper performance of its duties and the regulations of the proceedings before the
board. Notwithstanding any other provision of law, following appropriate review by the Contract
Review Permanent Legislative Oversight Committee, the board may enter into any contract or
agreement relating to the board without further approval. The board shall adopt and have an
official seal. In carrying into effect the provisions of this chapter, the board may, under
the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance
and may also require them to produce books, papers, maps, or documents. Any member of the
board may administer oaths of affirmation to witnesses appearing before the board. Witnesses
officially called by the board shall receive the same...
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34-27-6
Section 34-27-6 Real estate courses and schools. (a) For purposes of this section and rules
adopted pursuant thereto, the following terms shall have the following meanings: (1) ADMINISTRATOR.
A person designated by a principal school or branch school and approved by the commission
to be the person responsible to the commission for all acts governed by this chapter and applicable
rules which govern the operation of schools. (2) APPROVED COURSE. Any course of instruction
approved by the commission that satisfies commission requirements for prelicense education,
postlicense education, or continuing education. (3) APPROVED SCHOOL. Any proprietary educational
institution offering only commission approved continuing education courses and any accredited
college or university that offers any commission approved course. (4) BRANCH SCHOOL. Any school
under the ownership of a principal school which offers commission approved courses at a permanent
location. (5) INSTRUCTIONAL SITE. Any physical...
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34-28A-43
Section 34-28A-43 Adoption of bylaws and rules; seal; powers of board as to witnesses; institution
of proceedings to enjoin or restrain violations of chapter and liability of board members
therefor. (a) The board may adopt all bylaws and rules, not inconsistent with the constitution
and laws of this state, reasonably necessary for the proper performance of its duties and
the regulations of the proceedings before it. (b) The board shall adopt and have an official
seal. (c) In carrying into effect this chapter, the board may, under the hand of its chair
and the seal of the board, subpoena witnesses and compel their attendance and may also require
them to produce books, papers, maps, or documents. Any member of the board may administer
oaths of affirmation to witnesses appearing before the board. Witnesses officially called
by the board shall receive the same compensation and shall be reimbursed for expenses in the
same amount as the members of the board pursuant to Section 34-28A-41. If...
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40-29-73
Section 40-29-73 Failure to collect and pay over tax, or attempt to evade or defeat tax. (a)
General rule. Any person required to collect, truthfully account for, and/or pay over any
tax imposed by Sections 40-17-2, 40-17-220, 40-18-71, 40-21-82, 40-23-2, 40-23-61, 40-26-1
and any other local sales, use, and gross receipts taxes collected by the state Department
of Revenue who willfully fails to collect such tax, or truthfully account for, and/or pay
over such tax, or willfully attempts in any manner to evade or defeat any such tax or the
payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty
up to the total amount of the tax evaded, or not collected, or not accounted for and paid
over. (b) Extension of period of collection where bond is filed. (1) IN GENERAL. If, within
30 days after the day on which notice and demand of any penalty under subsection (a) is made
against any person, such person: a. Pays an amount which is not less than the...
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8-7A-13
Section 8-7A-13 Reports. (a) A licensee shall file a report to the commission within 15 business
days of any material change in information provided in a licensee's application. (b) A licensee
shall file a report with the commission within five business days after the licensee has reason
to know of the occurrence of any of the following events: (1) The filing of a petition by
or against the licensee under the United States Bankruptcy Code for bankruptcy or reorganization.
(2) The filing of a petition by or against the licensee for receivership, the commencement
of any other judicial or administrative proceeding for its dissolution or reorganization,
or the making of a general assignment for the benefit of its creditors. (3) The commencement
of a proceeding to revoke or suspend its license in a state or country in which the licensee
engages in business or is licensed. (4) The cancellation or other impairment of the licensee's
bond or other security. (5) A charge or conviction of the...
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8-7A-17
Section 8-7A-17 Orders to cease and desist and other injunctive or civil relief. (a) If the
commission determines that any person has engaged in or is about to engage in any act or practice
constituting a violation of this chapter or a rule adopted or an order issued under this chapter,
the commission, in its discretion, may do any of the following: (1) Issue an order, with or
without a prior hearing or notice, against the person or persons engaged in the act or practice,
directing them to cease and desist from engaging in the act or practice. (2) Issue an order
appointing a receiver or conservator over a respondent or the respondent's assets. (3) Order
restitution or disgorgement against any person who has violated this chapter or any rule adopted
or order issued pursuant to this chapter. (4) Bring an action in any court of competent jurisdiction
to enjoin an act or practice and to enforce compliance with this chapter or any rule adopted
or order issued hereunder. Upon a proper...
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