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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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9-16-81
Section 9-16-81 Licenses required; application; qualifications; fees. (a) All surface coal
mining operations shall be subject to this article, except as excluded in Section 9-16-99.
(b) No person shall engage in or carry out on lands within the state any surface coal mining
operations unless such person is a citizen of the United States or, if not a citizen of the
United States, a person who is legally present in the United States with appropriate documentation
from the federal government and has first obtained a license in accordance with this section.
The term of a license shall be continuous and shall authorize the licensee, subject to the
other provisions of this article, to engage in surface coal mining operations unless the license
shall be suspended or revoked in accordance with this article. Suspension, revocation, or
subcontracting shall in no way relieve the licensee of his or her obligation to comply with
the reclamation requirement of this article. (c) An applicant for a...
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8-26B-5
Section 8-26B-5 Registration as athlete agent; application; requirements; reciprocal registration.
(a) An applicant for registration as an athlete agent shall submit an application for registration
to the Secretary of State in a form prescribed by the Secretary of State. The applicant must
be an individual, and the application must be signed by the applicant under penalty of perjury.
The application must contain at least the following: (1) the name and date and place of birth
of the applicant and the following contact information for the applicant: (A) the address
of the applicant's principal place of business; (B) work and mobile telephone numbers; and
(C) any means of communicating electronically, including a facsimile number, electronic-mail
address, and personal and business or employer websites; (2) the name of the applicant's business
or employer, if applicable, including for each business or employer, its mailing address,
telephone number, organization form, and the nature of...
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22-21-33
Section 22-21-33 Penalties for operation of or referring persons to unlicensed hospital. (a)(1)
Any individual, association, corporation, partnership, limited liability company, or other
business entity who operates or causes to be operated a hospital of any kind as defined in
this article or any rules promulgated hereunder, without having been granted a license by
the State Board of Health shall be guilty of a Class B misdemeanor upon conviction, except
that any individual, association, corporation, partnership, limited liability company, or
other business entity who operates or causes to be operated a hospital of any kind as defined
in this article or any rules promulgated hereunder without having been granted a license by
the State Board of Health shall be guilty of a Class A misdemeanor upon conviction of a second
or any subsequent offense. (2) The State Board of Health, upon determination that a facility
or business is operating as a hospital, within the meaning of this article or...
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34-24-56
Section 34-24-56 Report of malpractice judgments and settlements - Filing; contents;
sanction for failure to make report. (a) Every physician or surgeon who holds a license, certificate,
or other similar authority issued under the provisions of this article and every professional
corporation or professional association of a physician or surgeon shall, during the first
30 days of each calendar year, report to the State Board of Medical Examiners any final judgment
rendered against such physician, surgeon, or the professional corporation or professional
association of any such physician or surgeon during the preceding year, or any settlement
in or out of court during the preceding year, resulting from a claim or action for damages
for personal injuries caused by an error, omission, or negligence in the performance of medical
professional services, or in the performance of medical professional services without consent.
(b) The report rendered under this section shall include the name of...
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34-25A-6
Section 34-25A-6 Disciplinary actions. (a) The board may invoke disciplinary action as outlined
in subsection (b) whenever it establishes to the satisfaction of the board, after a hearing
as provided in Sections 41-22-1 through 41-22-17, the Alabama Administrative Procedure Act,
that any person or entity to whom a license, registration, accreditation, or renewal thereof
has been issued is guilty of any of the following: (1) Fraud, deceit, or misrepresentation
in obtaining any license, registration, accreditation, or renewal thereof or money or other
thing of value. (2) Gross immorality. (3) Being an habitual user of intoxicants or drugs rendering
the person unfit for the practice of prosthetics, orthotics, or pedorthics. (4) Conviction
of a felony or a misdemeanor involving moral turpitude. (5) Gross negligence in the practice
of prosthetics, orthotics, or pedorthics. (6) Employing, allowing, or permitting any unlicensed
person to perform any work in his or her office or facility...
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22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section,
it is the intention of this chapter to occupy by preemption the field of air pollution control
within all areas of the State of Alabama. However, nothing in this section shall be construed
to limit or abrogate any private remedies now available to any person for the alleviation,
abatement, control, correction, or prevention of air pollution or restitution for damage resulting
therefrom. (b) Subject to the provisions of this section, each municipal governing body which
had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution
control and which provide for the creation and establishment of an air pollution control board
and each county board of health shall have the authority to establish, and thereafter administer,
within their jurisdictions, a local air pollution control program which: (1) Provides, subject
to subsection (d) of this section, by ordinance,...
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5-18-4
Section 5-18-4 License - Required; exemptions; penalties for violation of section. (a) License
required. No person shall engage in the business of lending in amounts of less than one thousand
five hundred dollars ($1,500) and contract for, exact or receive, directly or indirectly,
on or in connection with any such loan, any charges whether for interest, insurance, compensation,
consideration, or expense, which in the aggregate are greater than the interest that the lender
would be permitted by law to charge for a loan of money if he or she were not a licensee under
this chapter, except as provided in and authorized by this chapter and without first having
obtained a license from the supervisor. For the purpose of this section, a loan shall be deemed
to be in the amount of less than one thousand five hundred dollars ($1,500) if the net amount
or value advanced to or on behalf of the borrower, after deducting all payments for interest,
expenses, and charges of any nature taken...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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34-5-8
Section 34-5-8 Authority of Board of Barber Examiners; refusal to issue or renew license or
certificate; appeals. The board shall have the power to refuse, revoke, and suspend licenses
and certificates strictly in accordance with the provisions of this chapter, upon proof of
violation of any sections of this chapter. The members of the board shall have the power to
administer oaths and shall have the power to require the attendance of witnesses and the production
of books, records, and papers as it may desire at any hearing on any matter which the board
has the authority to investigate, and for that purpose may require the secretary of the board
to issue a subpoena duces tecum to compel the production of any books, records, or papers,
directed to the sheriff of the county where such witness resides or may be found, which subpoenas
and subpoenas duces tecum shall be served and returned in the same manner as a subpoena in
a criminal case is served and returned. The fees and mileage of...
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