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28-5-13
Section 28-5-13 Burden of proof as to existence of federal permit in prosecutions under chapter.
In any prosecution under this chapter where the defendant relies for justification upon a
permit issued under the laws of the United States, the burden shall be upon him to prove the
same. (Acts 1927, No. 474, p. 516; Code 1940, T. 29, §89.)...
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13A-2-6
Section 13A-2-6 Effect of ignorance or mistake upon liability. (a) A person is not relieved
of criminal liability for conduct because he engages in that conduct under a mistaken belief
of fact unless: (1) His factual mistake negatives the culpable mental state required for the
commission of an offense; or (2) The statute defining the offense or a statute related thereto
expressly provides that such a factual mistake constitutes a defense or exemption; or (3)
The factual mistake is of a kind that supports a defense of justification as defined in Article
2 of Chapter 3 of this title. (b) A person is not relieved of criminal liability for conduct
because he engages in that conduct under a mistaken belief that it does not, as a matter of
law, constitute an offense, unless his mistaken belief is founded upon an official statement
of the law contained in a statute or the latest judicial decision of the highest state or
federal court which has decided on the matter. (c) The burden of...
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38-7-16
Section 38-7-16 Penalties; burden of proof of relationship. Any person, group of persons, association
or corporation who: (1) Conducts, operates or acts as a child-care facility without a license,
or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit; (3) Fails to
keep the records and make the reports provided under this chapter; (4) Advertises any service
not authorized by the license or permit held; (5) Publishes any advertisement in violation
of this chapter; (6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted
and published by the department for the enforcement of the provisions of this chapter, shall
be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00
or be imprisoned in the county jail not longer than one year,...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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8-22-18
Section 8-22-18 Prima facie showing of violation of chapter. In any action brought under Sections
8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting
the prima facie case thus made by showing justification shall shift to the defendant. A prima
facie showing of a violation shall be constituted if the plaintiff shows: (1) That the plaintiff's
purchase price from a refiner or wholesaler is greater than said refiner's transfer price;
or (2) That the plaintiff's purchase price from a refiner or wholesaler plus the plaintiff's
cost of doing business is greater than said refiner's or wholesaler's retail posted sales
price; or (3) That the plaintiff's basic cost of motor fuel plus the plaintiff's cost of doing
business is greater than the posted sales price at a retail location of a competitor, within
the plaintiff's marketing area, suspected of selling motor fuel in violation of this chapter.
(Acts 1984, No. 84-260, p. 433, §18.)...
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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission, is authorized
to promulgate a permit program for hazardous waste management practices and, acting through
the commission, to promulgate criteria for issuing permits and rules identifying procedures
for obtaining permits. (b) Except as provided by this subsection or subsections (i) and (j)
of this section, no person shall engage in the transportation, treatment, storage or disposal
of hazardous waste without having applied for and obtained a permit from the department issued
under authority of this section. The department, acting through the commission, may promulgate
rules which exempt certain hazardous waste management practices from the requirement to obtain
a permit under this section. (c) Unless specifically exempted from regulation by this chapter
or rules promulgated under authority of this chapter, no person may commence or continue construction
or operation of any hazardous waste treatment,...
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22-30-16
Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility and hazardous
waste disposal site operators. (a) The department, acting through the commission, is authorized
to promulgate rules and regulations establishing such standards, applicable to owners and
operators of hazardous waste treatment, storage or disposal facilities as may be necessary
to protect human health or the environment. In establishing such standards, the department
may, where appropriate, distinguish in such standards between requirements appropriate for
new facilities and for facilities in existence on the date of promulgation of such regulations.
Such standards shall include but not be limited to the following: (1) Unless exempted from
regulation by this chapter or rules promulgated under authority of this chapter, obtaining
a permit from the department or interim status for each treatment, storage or disposal facility;
(2) Assuring that all hazardous wastes are stored, treated or...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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11-89C-9
a public corporation, or with any other public corporation, authority, or district authorized
by the Legislature to implement this chapter. In furtherance of this objective, any governing
body may perform any of the functions and powers provided in Section 11-89C-4 for public corporations,
and any function or eligibility requirement provided or required for joining and participating,
and to transfer and convey to the public corporation, with or without consideration, any facilities,
real or personal property, money, or thing of value, including the services of employees
through loan, detail, or assignment. (d) Any governing body may establish, levy, and impose
by resolution or ordinance, any revenue-raising measure within its jurisdiction, including,
but not limited to, fees, charges, or assessments, without any referendum unless required
by the Constitution of Alabama of 1901, deemed necessary to implement this chapter or to comply
with all provisions of storm water laws, subject to...
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