Code of Alabama

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45-49-42
Section 45-49-42 Legislative findings. The Legislature of the State of Alabama declares and
finds that the business of operating massage parlors as defined herein are businesses affecting
the public health, safety, and general welfare; that such businesses have been used in Mobile
County and elsewhere as fronts for the conduct of prostitution, assignation, and lewdness;
that the method of operation of such business generally is such that female persons bargain
with male customers for illicit sexual activities, including prostitution and sodomy, only
after performing so-called massages while the male customer is nude, and after engaging the
customer as part of the so-called massage in sexual foreplay to the point of sexual arousal;
that because of the method of operation the gathering of evidence by law enforcement officers
sufficient for the officers to make an arrest or to institute some other civil proceeding
requires male officers to pose as customers, and to perform degrading,...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall
impose sentence. Where the jury has returned a verdict of death, the court shall sentence
the defendant to death. Where a sentence of death is not returned by the jury, the court shall
sentence the defendant to life imprisonment without parole. This code section shall not affect
a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing
jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall
permit the parties to present arguments concerning the existence of aggravating and mitigating
circumstances and the proper sentence to be imposed in the case....
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34-24-360
substances; a copy of the record of conviction, certified to by the clerk of the court entering
the conviction, shall be conclusive evidence. (7) Use of any untruthful or deceptive or improbable
statements concerning the licensee's qualifications or the effects or results of his or her
proposed treatment. (8) Distribution by prescribing, dispensing, furnishing, or supplying
of controlled substances to any person or patient for any reason other than a legitimate medical
purpose. (9) Gross malpractice or repeated malpractice or gross negligence in
the practice of medicine or osteopathy. (10) Division of fees or agreement to split or divide
the fees received for professional services with any person for bringing or referring a patient.
(11) Performance of unnecessary diagnostic tests or medical or surgical services. (12) Charging
fees determined by the commission to be grossly excessive or intentionally filing or causing
to be filed false or fraudulent claims, as defined by the...
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41-22-12
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice;
power of presiding officer to issue subpoenas, discovery and protective orders; procedure
upon failure of notified party to appear; presentation of evidence and argument; right to
counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance
at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested case,
all parties shall be afforded an opportunity for hearing after reasonable notice in writing
delivered either by personal service as in civil actions or by certified mail, return receipt
requested. However, an agency may provide by rule for the delivery of such notice by other
means, including, where permitted by existing statute, delivery by first class mail, postage
prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice
referred to in this subsection shall constitute commencement of the contested...
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45-28-234.13
Section 45-28-234.13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The board shall
have the power to administer oaths, take depositions, certify official acts, and issue subpoenas
to compel the attendance of witnesses and production of papers necessary as evidence in connection
with any hearing, investigation, or proceeding within the purview of this part. The sheriff,
or some other person so designated by the sheriff, shall serve all processes of the board,
and shall attend and preserve order at all public hearings conducted by the board. If a person
refuses to obey a subpoena from the board, the board or its authorized representative, may
ask the Circuit Court of Etowah County to order the evidence to be produced. Upon proper showing,
the circuit court may order compliance with the subpoena. Failure to comply with such an order
may constitute contempt of court. The fees of witnesses...
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26-23G-3
Section 26-23G-3 Dismemberment abortion prohibited unless necessary to prevent serious health
risk to mother of unborn child. (a) Notwithstanding any other provision of law, it shall be
unlawful for any individual to purposely perform or attempt to perform a dismemberment abortion
and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn
child's mother. (b) An individual accused in any proceeding of unlawful conduct under subsection
(a) may seek a hearing before the State Board of Medical Examiners on whether the dismemberment
abortion was necessary to prevent serious health risk to the unborn child's mother. The findings
of the board are admissible on that issue at any trial in which such unlawful conduct is alleged.
Upon a motion of the individual accused, the court shall delay the beginning of the trial
for not more than 30 days to permit the hearing to take place. (c) No woman upon whom an abortion
is performed or attempted to be performed shall...
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27-5B-10
Section 27-5B-10 Reinsurer not licensed, accredited or certified - Additional reinsurance agreement
requirements. (a) If the assuming insurer is not licensed, accredited or certified to transact
insurance or reinsurance in this state, the credit permitted by Sections 27-5B-6 and 27-5B-7
shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (1)
That in the event of the failure of the assuming insurer to perform its obligations under
the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding
insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state
of the United States, will comply with all requirements necessary to give the court jurisdiction,
and will abide by the final decision of the court or of any appellate court in the event of
an appeal. (2) To designate the commissioner or a designated attorney as its true and lawful
attorney upon whom may be served any lawful process in any...
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37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a) No existing
electric customer shall obtain electric service under a private contract for electric service
without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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22-6-163
Section 22-6-163 Legislative findings; rules; collaboration; approval of agreements and contracts;
state action immunity; confidentiality of records; additional duties. (a) The Legislature
declares that collaboration among public payers, private health carriers, third party purchasers,
and providers to identify appropriate service delivery systems and reimbursement methods in
order to align incentives in support of integrated and coordinated health care delivery is
in the best interest of the public. Collaboration pursuant to this article is to provide quality
health care at the lowest possible cost to Alabama citizens who are Medicaid eligible. The
Legislature, therefore, declares that this health care delivery system affirmatively contemplates
the foreseeable displacement of competition, such that any anti-competitive effect may be
attributed to the state's policy to displace competition in the delivery of a coordinated
system of health care for the public benefit. In furtherance of...
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