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9-17-19
Section 9-17-19 Civil actions for damages for violations of provisions of article, rules, etc.;
actions by private parties to enjoin violations of provisions of article, rules, etc. (a)
Nothing contained or authorized in this article and no civil action by or against the board
and no penalties imposed or claimed against any person for violating any provision of this
article or any rule, regulation or order issued under this article and no forfeiture shall
impair or abridge or delay any cause of action for damages which any person may have or assert
against any person violating any provision of this article or any rule, regulation or order
issued under this article. Any person so damaged by the violation may institute a civil action
for and recover such damages as he may show that he is entitled to receive. (b) In the event
the board should fail to bring a civil action to enjoin any actual or threatened violation
of any provision of this article or of any rule, regulation or order made...
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11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At
the time and place designated in said order, the judge of said circuit court shall proceed
to hear and determine all questions of law and of fact in said civil action, and he shall
make such orders as to the proceedings in said civil action and adjournments as will best
conserve the interests of all parties and enable him to enter a final judgment with the least
possible delay. The final judgment shall find the facts specially and shall state separately
the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision
may appear in such proceedings either personally or by attorney, and any party thereto, whether
petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Such appeal shall take priority in the Supreme Court over all...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-106.htm - 7K - Match Info - Similar pages
14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of right
to reply; pretrial proceedings; limitations (a) The department and any private company or
contractor providing any services within any correctional facility shall adopt administrative
remedies for prisoners. The administrative remedies shall be prominently posted and published
to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil
claim under state law until the prisoner exhausts all administrative remedies available. If
a prisoner files a pro se civil action in contravention of this section, the court shall dismiss
the action without prejudice. (c) The court shall take judicial notice of administrative remedies
adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama.
(d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner
pro se civil action if the court is satisfied that the action is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-15-4.htm - 4K - Match Info - Similar pages
22-6-8
Section 22-6-8 Revocation of eligibility of recipient upon determination of abuse, fraud, or
misuse of benefits; when eligibility may be restored; award of restricted status to pregnant
recipient whose eligibility has been revoked. (a) Upon determination by a utilization review
committee of the designated State Medicaid Agency that a Medicaid recipient has abused, defrauded,
or misused the benefits of the program said recipient shall immediately become ineligible
for Medicaid benefits. (b) Medicaid recipients whose eligibility has been revoked due to abuse,
fraud or other deliberate misuse of the program shall not be deemed eligible for future Medicaid
services for a period of not less than one year and until full restitution has been made to
the designated State Medicaid Agency. (c) When a Medicaid recipient, whose eligibility has
been revoked due to abuse, fraud, or other deliberate misuse of the program, reapplies for
coverage during the period of suspension due to pregnancy, the...
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27-21A-20
Section 27-21A-20 Administrative procedures. (a) When the commissioner has cause to believe
that grounds for the denial of an application for a certificate of authority exist, or that
grounds for the suspension or revocation of a certificate of authority exist, he shall notify
the health maintenance organization and the State Health Officer in writing specifically stating
the grounds for denial, suspension, or revocation. If so requested in writing by the health
maintenance organization, the commissioner shall set a hearing on the matter within 30 days
of the receipt of such request. (b) The State Health Officer, or his designated representative,
shall be in attendance at the hearing and shall participate in the proceedings. The recommendation
and findings of the State Health Officer with respect to matters relating to the quality of
health care services provided in connection with any decision regarding denial, suspension,
or revocation of a certificate of authority, shall be...
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27-25-9
Section 27-25-9 Violations; enforcement of chapter; penalties. (a) Each individual transaction
which is in violation of this chapter or which does not otherwise conform to the requirements
of this chapter shall be considered a violation. (b) This chapter shall be enforceable only
by the commissioner and does not create any private cause of action or other private legal
recourse. (c) The commissioner may, in his or her discretion and upon good cause shown, revoke
the certificate of authority of a title agent, revoke the license issued to a title insurer,
or impose a fine in an amount not to exceed five hundred dollars ($500) for each violation
of this chapter or of any rule or regulation promulgated under this chapter. No title insurer
shall pay, directly or indirectly, any portion of a fine imposed on any agent of the title
insurer. In addition, the commissioner may impose a fine in an amount not to exceed five thousand
dollars ($5,000) per violation upon a finding that an agent or an...
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27-5A-11
Section 27-5A-11 Penalties and liabilities. (a) A reinsurance intermediary, insurer, or reinsurer
found by the commissioner, after a hearing conducted in accordance with Section 27-2-28, to
be in violation of this chapter, shall: (1) For each separate violation, pay a penalty in
an amount not exceeding $5,000. (2) Be subject to revocation or suspension of its license.
(3) If a violation was committed by the reinsurance intermediary, the reinsurance intermediary
shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer
or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such
violation. (b) The decision, determination, or order of the commissioner pursuant to subsection
(a) of this section shall be subject to judicial review pursuant to Section 27-2-32. (c) Nothing
contained in this section shall affect the right of the commissioner to impose any other penalties
provided in the insurance law. (d) Nothing contained in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5A-11.htm - 1K - Match Info - Similar pages
34-21A-24
Section 34-21A-24 Appeal procedure. After revocation or suspension of license, the licensee
may, within 10 days of notice of the board's order and finding, file with the board a written
notice of his or her intent to appeal the order of the board. Appeals from orders of the board
shall be filed with the Circuit Court of Montgomery County, Alabama, for a determination by
the court as to whether the decision of the board is supported by a preponderance of the evidence.
If the court finds that the decision of the board is supported by evidence, it shall affirm
the board's action. (Act 99-571, p. 1265, §24; Act 2010-258, p. 453, §1.)...
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35-6A-7
Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner's
initial pleading in a partition action, the petitioner shall state whether the petitioner
requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed
to have not requested partition by sale. (b) In each cotenant's initial responsive pleading,
the cotenant shall state whether the cotenant requests partition by sale. (1) If a cotenant
files a responsive pleading but fails to so state, the cotenant shall be deemed to have not
requested partition by sale. (2) If a guardian ad litem is appointed to represent one or more
cotenants including, but not limited to, unknown, unlocatable, and legally incapacitated cotenants,
the guardian ad litem may, but is not required to, state whether or not such cotenant requests
partition by sale, and the guardian ad litem shall have no liability for making or failing
to make the election. If a guardian ad litem files a...
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