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27-12A-9
Section 27-12A-9 Administrative cease and desist authority. Whenever it appears to the commissioner
that any person has engaged in or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order hereunder, the commissioner
may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease
and desist order, with or without a prior hearing, against the person or persons engaged in
the prohibited activities, directing them to cease and desist from engaging in the act or
practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or
practice and to enforce compliance with this chapter or any rule or order issued hereunder.
Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus
shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's
assets. In addition, upon a proper showing by the commissioner,...
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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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34-1A-7
Section 34-1A-7 Licenses - Required. (a) Effective January 1, 1998, it shall be unlawful for
any person or business entity to engage in a business regulated by this chapter in this state
without a current valid license or in violation of this chapter and applicable rules and regulations
of the board. (b) Effective January 1, 1998, it shall be unlawful for a person or business
entity not licensed under this chapter to advertise or hold out to the public that he or she
is a licensee of the board. (c) Any person or business entity who violates this chapter or
any order, rule, or regulation of the board shall be guilty of a Class A misdemeanor, and
for each offense for which he or she is convicted shall be punished as provided by law. (d)
Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally
do any of the following: (1) Obliterate the serial number on an alarm system for the purpose
of falsifying service reports. (2) Knowingly and deliberately...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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34-8-6
Section 34-8-6 Prohibited acts; penalties; cease and desist orders. (a) Any person, firm, or
corporation not being duly authorized who shall engage in the business of general contracting
in this state, except as provided for in this chapter, and any person, firm, or corporation
presenting or attempting to file as its own the license certificate of another, or who shall
give false or forged evidence of any kind to the board, or to any member thereof, in obtaining
a certificate of license, or who falsely shall impersonate another, or who shall use an expired
or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for
each offense for which he or she is convicted shall be punished as provided by law. Furthermore,
any person including an owner, architect, engineer, construction manager, or private awarding
authority who considers a bid from anyone not properly licensed under this chapter shall be
deemed guilty of a Class B misdemeanor and shall for each...
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34-21A-25
Section 34-21A-25 Penalties and sanctions. (a) Any person who undertakes or attempts to undertake
the business of manufacturing, installing, servicing, cleaning, repairing, or maintaining
any onsite sewage system or equipment without first having obtained and having possession
of a current, valid license from the board or who knowingly presents or files false information
with the board for the purpose of obtaining a license or otherwise fraudulently obtains a
license, or who knowingly violates any provision of this chapter regulating the onsite sewage
industry shall be guilty of a Class A misdemeanor, as defined by the state criminal code.
(b) Whenever it appears to the board that an individual has violated or is about to violate
this chapter, it may in its own name petition the circuit court of the county where the violation
is occurring or is about to occur to issue a temporary restraining order or other appropriate
injunctive relief enjoining the violation. (c) The board may...
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34-36-6
Section 34-36-6 Powers and duties of board. (a) By rule, the board shall make provisions to
do all of the following: (1) Prepare or approve all examinations of applicants for licenses
for electrical contractors and journeyman electricians. (2) Determine the qualifications of
electrical contractors to engage in the business of electrical contracting. (3) Determine
the qualifications of journeyman electricians to engage in electrical work. (4) Provide for
the investigation of written complaints filed with the board concerning alleged violations
of this chapter and any rules adopted by the board. (b) The board may suspend, revoke, or
refuse to issue or renew a license and impose a civil penalty in an amount not to exceed five
thousand dollars ($5,000), after notice and opportunity for a hearing pursuant to the Alabama
Administrative Procedure Act, upon proof of any of the following actions by a licensee or
applicant: (1) Violating any provision of this chapter. (2) Attempting to procure a...
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34-8A-17
Section 34-8A-17 Injunction, mandamus, etc. When it shall appear to the board that any person
has engaged or is about to engage in any act or practice constituting a violation of any provision
of this chapter or any rule or order hereunder, the board in its discretion and in its own
name may bring an action in any court of competent jurisdiction to enjoin such acts or practices,
and to enforce compliance with this chapter or any rule or order hereunder, regardless of
whether criminal proceedings have been or may be instituted. Upon a proper showing, a permanent
or temporary injunction, restraining order or writ of mandamus shall be granted. (Acts 1979,
No. 79-423, p. 649, ยง17.)...
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