28-11-9
Section 28-11-9 Suspension or revocation of permit; hearing commission; fines. (a) Subject
to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have
full and final authority as to the suspension or revocation for cause of any permit issued
pursuant to this chapter. (1) The board may appoint a hearing commission of at least three
persons which may do all of the following: a. Hear and decide all contested applications for
permits. b. Hear and decide all charges against any permit holder or employee of a permit
holder for violations of this chapter, the law, or the rules of the board. c. Revoke or suspend
permits as provided in this chapter. d. Levy administrative fines upon permit holders or employees
of permit holders. (2) No member of the hearing commission shall participate in the hearing
or disposition of any application for a permit or charge against a permit holder or an employee
of a permit holder if he or she has an interest therein or was involved...
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34-23-33
Section 34-23-33 Revocation, suspension, etc., of license or certificate; non-disciplinary
administrative penalty. (a) The board may revoke, suspend, place on probation, or require
remediation for any licensed pharmacist or a holder of a pharmacy intern or extern certificate
for a specified time as determined by the board and take the same or similar action against
the permit to operate any pharmacy in this state, whenever the board finds by a preponderance
of the evidence, or pursuant to a consent decree, that the pharmacist has been guilty of any
of the following acts or offenses: (1) Obtaining a license, permit, or registration from the
board by fraudulent means. (2) Violation of the laws regulating the sale or dispensing of
narcotics, exempt narcotics, or drugs bearing the label "caution, federal law prohibits
dispensing without prescription," or similar wording which causes the drugs to be classified
as prescription legend drugs. (3) Conviction of a felony. A copy of the record of...
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8-19-12
Section 8-19-12 Violations. (a) Any person who continuously and willfully violates any provision
of this chapter shall be guilty of a Class A misdemeanor. (b) In addition to any other penalties
set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5: (1) Shall
be guilty of a Class A misdemeanor. (2) Shall be subject to the revocation of any license
or permit pertaining to the sale or distribution of cigarettes or other tobacco products,
including, but not limited to, any license or permit issued by the Commissioner of Revenue
pursuant to Chapter 25 of Title 40. (c) Notwithstanding any other provision of law, any law
enforcement officer or agent of the Department of Revenue shall seize any cigarettes that
are acquired, held, owned, possessed, transported in, imported into, or sold or distributed
in this state in violation of subdivision (23) of Section 8-19-5. Any cigarettes so seized
shall be deemed contraband goods and shall be confiscated and destroyed....
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2-26-13
Section 2-26-13 Violation of provisions of article or rules or regulations promulgated hereunder
deemed misdemeanor. Any person who shall perform any of the acts which are declared to be
unlawful by this article or who fails to perform any duty or requirements imposed by the provisions
of this article or who violates any rule or regulation duly promulgated hereunder or who shall
sell, offer for sale, distribute or solicit orders for agricultural, vegetable, herb, tree,
shrub or flower seed without having a permit as required by this article shall be guilty of
a misdemeanor and shall be punished as now prescribed by law for such offense. (Acts 1943,
No. 560, p. 552, §8; Acts 1963, No. 424, p. 931, §13.)...
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25-5-338
Section 25-5-338 Construction of article. (a) No physician-patient relationship is created
between an employee or job applicant and an employer, medical review officer, or any person
performing or evaluating a drug test solely by the establishment, implementation, or administration
of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession, use, sale, or solicitation
of drugs, including convictions for drug related offenses, and taking action based upon a
violation of any of those rules. (c) Nothing in this article shall be construed to operate
retroactively, and nothing in this article shall abrogate the right of an employer under state
or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding
the foregoing, only those programs that meet the criteria outlined in this article qualify
for reduced workers' compensation insurance premiums...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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2-26-32
Section 2-26-32 Failure to process, clean, etc., seeds or small grains or sale, distribution,
etc., of seeds or small grains not cleaned, processed, etc., in accordance with rules and
regulations promulgated under article. It shall be unlawful for anyone to fail or refuse to
clean, process or treat agricultural or vegetable seed or small grain used for planting purposes
in violation of any rules or regulations promulgated under the provisions of this article,
and it shall also be unlawful for anyone to sell, offer for sale, expose for sale or distribute
any agricultural or vegetable seed or small grain used for planting purposes unless such seed
and grains have been cleaned, processed or treated in accordance with requirements of rules
and regulations adopted and promulgated under the provisions of this article. Whoever shall
violate any rules and regulations or other requirements of this article shall be guilty of
a misdemeanor and shall be punished as prescribed by law. (Acts 1953,...
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40-12-396
Section 40-12-396 License - Suspension or revocation; reasons for revocation or denial of license.
(a) The commissioner may, subject to the appeal provisions allowed in Chapter 2A of this Title
40, suspend or revoke any license issued for the willful and intentional failure of the licensee
to comply with the provisions of this article or for the willful failure to maintain the business
premises, location, and sign as described in the application. (b) A license may be revoked
or a license application may be denied by the Department of Revenue for any of the following
reasons: (1) Fraud practiced or any material misstatement in license application. (2) Change
of condition after a license is granted or the failure to maintain qualification for the license.
(3) Skipping title assignment; accepting open assignment of title and/or bill of sale for
a motor vehicle which is not completed by identifying the licensee as the purchaser or assignee
of the motor vehicle. (4) Having no established...
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45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901,...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased that
is being transported in intrastate commerce or is held for sale in this state after such transportation
and that is or has been prepared, sold, transported or otherwise distributed or offered or
received for distribution in violation of this chapter or is capable of use as human food
and is adulterated or misbranded or in any other way is in violation of this chapter shall
be liable to be proceeded against and seized and condemned at any time by writ of attachment
for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction
of which the article or animal is found. Such writ of attachment...
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