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26-2A-140
Section 26-2A-140 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally
liable with the conservator and with each other. (2) By executing an approved bond of a conservator,
the surety consents to the jurisdiction of the court that issued letters to the primary obligor
in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety
as a party respondent. Notice of any proceeding must be delivered to the surety or mailed
by registered or certified mail to the address listed with the court at the place where the
bond is filed and to the address as then known to the petitioner. (3) On petition of a successor
conservator or any interested person, a proceeding may be initiated against a surety for breach
of the obligation of the bond of the conservator. (4) The bond of the conservator is not void
after the first recovery but may be proceeded...
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40-29-26
Section 40-29-26 Sale of seized property. (a) Notice of seizure. As soon as practicable after
seizure of property, notice in writing shall be given by the Commissioner of Revenue or his
delegate to the owner of the property (or, in the case of personal property, the possessor
thereof), or shall be left at his usual place of abode or business. If the owner cannot be
readily located, or has no dwelling or place of business within the state, the notice may
be mailed to his last known address. Such notice shall specify the sum demanded and shall
contain, in the case of real property, a description with reasonable certainty of the property
seized. (b) Notice of sale. The commissioner or his delegate shall as soon as practicable
after the seizure of the property give notice to the owner, in the manner prescribed in subsection
(a), and shall cause a notification to be published in some newspaper published or generally
circulated within the county wherein such seizure is made, or if there be...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
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7-2A-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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19-2-1
Section 19-2-1 Definitions. (a) When used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) WAR SERVICE. Such term shall include the following, during the period that the United
States shall be engaged in war with any foreign nation: a. Active membership in the military,
naval or air forces of the United States or any of its allies. b. Acceptance for membership
in the military, naval or air forces of the United States or any of its allies and awaiting
induction into that service. c. Participation in any work abroad in connection with a governmental
agency of the United States, with the American Red Cross, or with any other similar service.
d. Internment in any enemy country, or absence from the United States and inability to return.
e. Any service at home or abroad arising out of or in connection with the war, which in the
opinion of the court prevents the fiduciary from giving the...
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26-2A-71
Section 26-2A-71 Parental appointment of guardian for minor. (a) The parent of an unmarried
minor may appoint a guardian for the minor by will, or other writing signed by the parent
and attested by at least two witnesses or acknowledged. (b) Subject to the right of the minor
under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent
has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes
effective when the guardian seasonably files an acceptance in the court in which a nominating
instrument is probated, or, in the case of a nontestamentary nominating instrument, in the
court at the place where the minor resides or is present. If two or more appointments are
made, the latter in time has priority, and if both parents are dead or incapacitated, an effective
appointment by the parent, who was eligible to make the appointment and who dies or became
incapacitated later in time, has priority. (c) A parental appointment...
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34-5A-3
Section 34-5A-3 Composition of board; compensation; meetings; rules and fees; investigations;
Alabama Behavior Analyst Licensing Board Fund. (a) The Alabama Behavior Analyst Licensing
Board is established within the Department of Mental Health, Division of Developmental Disabilities.
The board shall consist of seven members, including four licensed behavior analysts, one licensed
psychologist in the state, one parent or legal guardian of a person being treated for a behavior
disorder, or a person who has received services from a licensed behavior analyst, and one
public member, who, except for the initial members, shall be appointed by the Governor, as
provided in subsection (b). The membership of the board shall be inclusive and reflect the
racial, gender, geographic, urban/rural, and economic diversity of the state. Each member
shall serve a three-year term, with initial terms being staggered so that one member serves
an initial term of one year, three members serve initial terms of...
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38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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45-17-81.21
Section 45-17-81.21 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. (b) The district
attorney may waive a violation for good cause shown as to why the offender should stay in
the pretrial diversion program. (Act 2007-332, p. 588, §12.)...
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45-18-81.31
Section 45-18-81.31 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. (b) The district
attorney may waive a violation for good cause shown as to why the offender should stay in
the pretrial diversion program. (Act 2004-478, p. 884, §12.)...
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