Code of Alabama

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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After
a municipal code lien has been recorded with the office of the probate judge of the county
in which the real property lies, the Class 2 municipality may identify those properties on
which to commence a judicial in rem foreclosure in accordance with this article, except that
those properties the Class 2 municipality identifies as owner occupied shall not be subject
to judicial in rem foreclosure under this article. The Class 2 municipality shall not file
a petition for judicial in rem foreclosure in accordance with this article for a period of
six months following the date upon which the municipal code lien is recorded in the office
of the probate judge. A petition for judicial in rem foreclosure may include any other municipal
code lien that has been filed prior to the date the petition is filed. After enforcement proceedings
have commenced in accordance with this article, the enforcement proceedings...
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19-3D-14
Section 19-3D-14 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. PROTECTION
OF CHARITABLE INTEREST. (a) In this section the following terms have the following
meanings: (1) DETERMINABLE CHARITABLE INTEREST. A charitable interest that is a right to a
mandatory distribution currently, periodically, on the occurrence of a specified event, or
after the passage of a specified time, and which is unconditional or will be held solely for
charitable purposes. (2) UNCONDITIONAL. Not subject to the occurrence of a specified event
that is not certain to occur, other than a requirement in a trust instrument that a charitable
organization be in existence or qualify under a particular provision of the United States
Internal Revenue Code of 1986, as amended, on the date of the distribution, if the charitable
organization meets the requirement on the date of determination. (b) If a first trust...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties'
right to take civil action; amendment of complaint; subpoenas; refusal to allow discovery;
hearing; panel opinion and order; review. (a) If not sooner resolved, the investigator, upon
completion of his investigation, shall submit to ADECA a statement of the facts disclosed
by his investigation and recommend either that the complaint be dismissed or that a panel
of office members be designated to hear the complaint. ADECA, after review of the case file
and the statement and recommendation of the investigator, shall issue an order either of dismissal
or for a hearing, which is not subject to judicial or other further review. (b) If the order
is for dismissal, ADECA shall mail a copy of the order to the complainant and the respondent
at their last known addresses. The complainant may bring an action against the respondent
in circuit court within 90 days of the date of the dismissal or within one year...
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25-4-54
Section 25-4-54 Contribution rates for employers subject to benefit charges; determination
of individual benefit charges. (a) Determination of contribution rates. (1) For the 12-month
period beginning on January 1 of each year which begins after December 31, 1996, any employer
whose experience rating account has been subject to benefit charges throughout at least the
fiscal year, as defined in Section 25-4-4, immediately preceding such January 1, shall
have his or her rate determined by the Unemployment Compensation Fund's liability for benefits
paid to his or her employees, modified by the fund's balance as of the most recent June 30.
The employment record of an organization which has been making payments in lieu of contributions
but which elects to change to payment of contributions shall be deemed to have been chargeable
with benefits throughout the period (not to exceed three fiscal years) with respect to which
it was making payments in lieu of contributions and its benefit charges...
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27-9A-3
Section 27-9A-3 Independent adjuster defined; exclusions. (a) For purposes of this chapter,
an "independent adjuster" is a person who, for compensation as an independent contractor
or as an employee of an independent contractor, undertakes on behalf of an insurer to ascertain
and determine the amount of any claim, loss, or damage payable under a contract of property,
casualty, or workers' compensation insurance or to effect settlement of such claim, loss,
or damage. This chapter shall not be construed to permit persons not licensed as attorneys
to engage in activities constituting the practice of law. (b) An independent adjuster does
not include any of the following: (1) Attorneys-at-law admitted to practice in this state
when acting in their professional capacity as an attorney. (2) A salaried employee of an insurer.
(3) A person employed solely to obtain facts surrounding a claim or to furnish technical assistance
to a licensed independent adjuster. (4) An individual who is employed...
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40-25-70
Section 40-25-70 Refund of tobacco taxes. (a) For the purpose of this article, the following
terms shall have the respective meanings ascribed by this section: (1) DEPARTMENT.
The Alabama Department of Revenue. (2) FEDERALLY RECOGNIZED INDIAN TRIBE. A tribe that is
acknowledged by the U.S. Department of Interior, Bureau of Indian Affairs as being an Indian
Nation or Tribe. (3) OTHER TOBACCO PRODUCTS. Smoking tobacco, cigars, stogies, cheroots, chewing
tobacco, snuff, and other products taxable under this chapter excluding cigarettes. (4) RESERVATION.
a. All land within the limits of any Indian reservation under the jurisdiction of the United
States Government, notwithstanding the issuance of any patent, and, including rights-of-way
running through the reservation; b. all dependent Indian communities within the borders of
the United States whether within the original or subsequently acquired territory thereof,
and whether within or without the limits of a state; and c. all Indian...
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40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
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40-2A-3
Section 40-2A-3 Definitions. For the purposes of this chapter and Chapter 2B, the following
terms shall have the following meanings: (1) ASSOCIATE ALABAMA TAX TRIBUNAL JUDGE. An associate
judge as defined in Section 40-2B-2. (2) AUTHORIZED REPRESENTATIVE. Any individual,
including, but not limited to, an attorney or certified public accountant with written authority
or power of attorney to represent a taxpayer before the department or the Alabama Tax Tribunal;
provided however, that nothing herein shall be construed as entitling any such individual
who is not a licensed attorney to engage in the practice of law. (3) CHIEF ALABAMA TAX TRIBUNAL
JUDGE or CHIEF JUDGE. The chief judge as defined in Section 40-2B-2. (4) COMMISSIONER.
The commissioner of the department or his or her delegate. (5) COMPTROLLER. The Comptroller
of the State of Alabama. (6) DELEGATE. When used with reference to the commissioner means
any officer or employee of the department duly authorized by the commissioner,...
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13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using
physical force upon another person in order to defend himself or herself or a third person
from what he or she reasonably believes to be the use or imminent use of unlawful physical
force by that other person, and he or she may use a degree of force which he or she reasonably
believes to be necessary for the purpose. A person may use deadly physical force, and is legally
presumed to be justified in using deadly physical force in self-defense or the defense of
another person pursuant to subdivision (5), if the person reasonably believes that another
person is: (1) Using or about to use unlawful deadly physical force. (2) Using or about to
use physical force against an occupant of a dwelling while committing or attempting to commit
a burglary of such dwelling. (3) Committing or about to commit a kidnapping in any degree,
assault in the first or second degree, burglary in any degree, robbery in any...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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