Code of Alabama

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22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond the limitations
prescribed in this chapter whenever it is found, upon presentation of adequate proof, that
compliance with any rule or regulation, requirement or order of the commission would impose
serious hardship without equal or greater benefits to the public and the emissions occurring,
or proposed to occur, do not endanger or tend to endanger human health or safety, human comfort
and aesthetic values. In granting or denying a variance, the commission shall file and publish
a written opinion stating the facts and reasons leading to its decision. (b) In granting a
variance, the commission may impose such conditions as the policies of this chapter may require.
If the hardship complained of consists solely of the need for a reasonable delay in which
to correct a violation of this chapter or of the commission regulations, the commission shall
condition the grant of such variance upon the posting of...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of
the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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28-3-242
Section 28-3-242 Procedure for confiscation and sale of goods, etc.; nature of proceedings
against goods, etc.; court proceedings for collection of tax due and assessed. (a) In all
cases of seizure of any goods, wares, merchandise or other property made as being subject
to forfeiture under provisions of this chapter which, in the opinion of the officer or person
making the seizure, are of the appraised value of $50.00 or more, the said officer or person
shall proceed as follows. He shall cause a list containing a particular description of the
goods, wares, merchandise or other property seized to be prepared in duplicate and appraisement
thereof, to be made by three sworn appraisers to be selected by him, who shall be respectable
and disinterested citizens of the State of Alabama, residing within the county wherein the
seizure was made. Said list and appraisement shall be properly attested by said officer or
persons, and said appraisers, for which service each of said appraisers shall...
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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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45-37-121.15
Section 45-37-121.15 Appointments. (a) Vacancies in the classified service shall be filled
either by transfer, promotion, appointment, reappointment, or demotion. Whenever a vacancy
in an existing position is to be filled by appointment, the appointing authority shall submit
to the director a statement of the title of the position, and if requested by the director
to do so, the duties of the position, and desired qualifications of the person to be appointed,
and a request that the director certify to the appointing authority the names of persons eligible
for appointment to the position. The director shall thereupon certify to the appointing authority
the ranking eligibles, correlating to the 10 highest test scores from the appropriate register,
and if more than one vacancy is to be filled, the ranking names of the next highest test score
for each available vacancy or all the names on the register if there are fewer than 10. The
director shall, upon the request of the appointing...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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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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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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