Code of Alabama

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30-3-171
Section 30-3-171 Issuance of notice to withhold, etc., license. Upon application to the department
for support services by an obligee alleging the existence of a delinquency or failure to comply
with subpoenas or warrants relating to paternity or child support proceedings, the department
may, upon an administrative determination that there is a delinquency or a failure to comply,
issue a notice of intent to withhold, restrict use of, or suspend a license. The notice shall
be served upon the obligor personally or by certified mail or as otherwise provided in the
Alabama Rules of Civil Procedure. The notice shall state that licenses granted by licensing
authorities of the State of Alabama and held by the obligor may be suspended 60 days after
service unless, within that time, the obligor does one of the following as appropriate based
on reason for suspension: (1) Pays the entire support debt stated in the notice. (2) Enters
into a payment plan approved by the department or its agent. (3)...
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30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive, the following
words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or
negotiable withdrawal order account, savings account, time deposit account, or money-market
mutual fund account. (2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual
to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL INFORMATION. Information
provided by a service applicant or recipient or obtained from other sources about him or her
which may be released only as required by court order or state or federal law. (5) COURT.
A court of competent jurisdiction or administrative agency having the authority to issue and
enforce support orders. (6) DATA MATCH. An automated process of matching specified information
from the financial records of financial institutions...
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30-3-172
Section 30-3-172 Request for hearing; purpose of hearing; notification of decision; appeal;
suspension of license. (a) Upon receipt of a request for a hearing, the department shall schedule
a hearing for the purpose of determining if withholding, restricted use, or suspension of
the obligor's license is appropriate. The department shall stay withholding, restricted use,
or suspension of the license pending the outcome of the hearing. The hearing shall be for
the purpose of contesting the determination of the department of all of the following: (1)
That the obligor is at least six months delinquent in child support payments. (2) That the
obligor has not entered into a payment plan approved by the department. (3) If appropriate,
that the obligor has failed to comply with a warrant or subpoena relating to a paternity or
child support case. (4) That the withholding, restricted use, or suspension of the license
is appropriate. No evidence with respect to the appropriateness of the support...
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30-3-170
Section 30-3-170 Definitions. When used in this article, the following words shall have the
following meanings: (1) COURT. A court of competent jurisdiction or administrative agency
having the authority to issue and enforce support orders. (2) DELINQUENT or DELINQUENCY. A
support debt or support obligation due and unpaid in an amount equal to or greater than six
months support payments as of the date of service of a notice of intent to suspend or revoke
a license. (3) DEPARTMENT. The Alabama Department of Human Resources, including the county
departments of human resources. (4) LICENSE. Any license, certificate, registration, or authorization
issued by a licensing authority which grants a person a right or privilege to engage in an
occupational, professional, sporting, or recreational activity, or to operate a motor vehicle.
(5) LICENSEE. The holder of a license. (6) LICENSING AUTHORITY. Any department, division,
board, agency, or instrumentality of the State of Alabama or its...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support orders;
filing with clerk; service; hearing; issuance of order; contents; when order takes effect;
entry of support and withholding orders by different courts; termination of withholding. (a)
Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any
other remedy provided by law for the enforcement of support, the obligee, district attorney,
or representative of the Department of Human Resources may file with a court of this state,
as defined in this article, a petition seeking an order of income withholding. Additionally,
for all existing support orders issued in the State of Alabama that do not provide for income
withholding and upon the filing of an application for support services by the obligee with
the department, the department shall petition the court for an income withholding order pursuant
to this section. The obligee, district attorney, or representative of...
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34-8A-16
outside the area of their training, experience, or competence. (7) Is legally adjudicated mentally
incompetent, the record of the adjudication being conclusive evidence thereof. (8) Has willfully
or negligently violated any of the provisions of this chapter or any of the rules and regulations
adopted thereunder. (9) Has been practicing as a counselor without a license. (b)(1) Notice
of denial, revocation, suspension, or disciplinary action is required to be sent by registered
mail or personal service setting forth the particular reasons for the proposed action
and fixing a date not less than 30 days nor more than 60 days from the date of the mailing
or service, at which time the applicant, licentiate, or associate shall be given an opportunity
for a prompt and fair hearing. The written notice shall be sent to the last known address
of the person, but the nonappearance of the person shall not prevent the hearing. The hearing
shall be conducted by the board by means of sworn,...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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2-27-9
and its labeling and other material required to be submitted comply with the requirements of
Section 2-27-14, he or she shall register the article. (c) If it is determined as provided
under subsection (d) of Section 2-27-6 that a pesticide, based upon its formulation and directions
for use, warnings and cautions contained in its registered labeling, may not, without additional
restrictions, be applied for its intended use without substantial adverse effects on the environment,
including injury to the applicator, such a pesticide shall be designated as a restricted-use
pesticide. (d) If it does not appear to the commissioner that the article is such as to warrant
the proposed claims for it or if the article and its labeling and other material required
to be submitted do not comply with the provisions of this article, he or she shall notify
the applicant of the manner in which the article, labeling, or other material required to
be submitted fail to comply with the article so as to...
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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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30-3-174
Section 30-3-174 Implementation by licensing authority of withholding, etc.; additional review
precluded; continuation of withholding, etc.; exemption of licensing authority from liability.
(a) Upon receipt of a notice from the department or its agent to withhold, restrict use of,
suspend, or revoke a license, a licensing authority shall implement the withholding, restricted
use, suspension, or revocation of the license by doing all of the following: (1) Determining
that it has issued a license to the obligor whose name appears on the notice. (2) Entering
the suspension or revocation on the appropriate records. (3) If required by law, demanding
surrender of the suspended or revoked license. (b) A notice issued by the department or its
agent to withhold, restrict use of, suspend, or revoke a license shall be processed by the
licensing authority without any additional review or hearing by the licensing authority. The
licensing authority shall have no jurisdiction to modify, reword,...
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