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23-1-380
Section 23-1-380 Exercise of power of eminent domain. For purposes of acquiring any
property, the department may exercise the right of eminent domain, in the name of the state,
pursuant to Chapter 1A, Title 18. The fact that the property needed has been acquired by the
owner under the power of eminent domain shall not prevent the property's acquisition by the
department by the exercise of the right of eminent domain herein conferred. For purposes of
making surveys and examinations relative to any condemnation proceedings, it shall be lawful
to enter upon any land, doing no unnecessary damage. Notwithstanding the provisions of any
other statute or the charter of any municipality, the department may take possession of any
property to be acquired at any time after the filing of the petition describing the same in
condemnation proceedings. It shall not be precluded from abandoning the condemnation of any
property in any case where possession thereof has not been taken. (Act 2000-220, p....
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26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court
of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective
order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure
the health, safety, and welfare of the respondent or the protection of the respondent's property
or prevent a repetition of the unjustifiable conduct, including staying the proceeding until
a petition for the appointment of a guardian or issuance of a protective order is filed in
a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after
considering: (A) the extent to which the respondent and all persons required to be notified
of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether
it is a more appropriate forum than the court of any other state...
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30-5-2
Section 30-5-2 Definitions. In this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ABUSE. An act committed against
a victim, which is any of the following: a. Arson. Arson as defined under Sections 13A-7-40
to 13A-7-43, inclusive. b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22,
inclusive. c. Attempt. Attempt as defined under Section 13A-4-2. d. Child Abuse. Torture
or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as
provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the
Alabama Child Abuse Act. e. Criminal Coercion. Criminal coercion as defined under Section
13A-6-25. f. Criminal Trespass. Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1,
inclusive. g. Harassment. Harassment as defined under Section 13A-11-8. h. Kidnapping.
Kidnapping as defined under Sections 13A-6-43 and 13A-6-44. i. Menacing. Menacing as defined...
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34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or
entity, including the board or its staff, may file a complaint alleging a violation of this
chapter against any individual licensee, certified intern, or firm holding a certificate of
authorization or against an unlicensed individual or firm. The complaint shall be in writing,
shall be signed by the complainant, shall state specifically the facts on which the complaint
is based, and shall be filed with the executive director of the board. (b) The board may designate
one or more individuals to investigate and report to it on any matter related to its lawful
duties and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
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5-19-21
Section 5-19-21 Administrator authorized to make rules and regulations; filing notice
of intended action with Legislative Reference Service; transactions entered into after May
20, 1996. (a) The administrator is authorized and empowered to promulgate rules and regulations
and official interpretations (collectively "regulations") as may be necessary or
appropriate for the execution and enforcement of this chapter. The administrator or, if authorized
by regulation, the administrator's designee, or both, may also issue written interpretations
of consumer finance statutes and regulations and this chapter. (b)(1) Prior to the adoption,
amendment, or repeal of any regulation, the administrator shall give at least 35 days' notice
of its intended action by filing notice of intended action with the Legislative Reference
Service for publication in the Alabama Administrative Monthly. The date of publication in
the Alabama Administrative Monthly shall constitute the date of notice. The notice...
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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint
a guardian or issue a protective order for a respondent if: (1) this state is the respondent's
home state; (2) on the date the petition is filed, this state is a significant-connection
state and: (A) the respondent does not have a home state or a court of the respondent's home
state has declined to exercise jurisdiction because this state is a more appropriate forum;
or (B) the respondent has a home state, a petition for an appointment or order is not pending
in a court of that state or another significant-connection state and before the court makes
the appointment or issues the order: (i) a petition for an appointment or order is not filed
in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed
by a person required to be notified of the proceeding; and (iii) the court in this state concludes
that it is an appropriate forum under the factors set forth in Section...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken
only from an order on hearing, or as to a matter on which the commissioner has refused or
failed to hold a hearing after demand therefor under Section 27-2-28 or as to a matter
as to which the commissioner has refused or failed to make his order on hearing as required
by Section 27-2-31. Any person who was a party to such hearing or whose pecuniary interests
are directly and immediately affected by any such refusal or failure to grant or hold a hearing
and who is aggrieved by such order, refusal, or failure may appeal from such order or as to
any such matter within 30 days after: (1) The order on hearing has been mailed or delivered
to the persons entitled to receive the same; (2) The commissioner's order denying rehearing
or reargument has been so mailed or delivered; (3) The commissioner has refused or failed
to make his order on hearing as required under Section 27-2-31; or (4) The commissioner...
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8-7A-6
Section 8-7A-6 Application for license. (a) A person applying for a license under this
chapter shall do so in a form and in a medium prescribed by the commission. The application
shall contain all of the following information: (1) The legal name, the residential address
of the applicant if the applicant is an individual, the business addresses of the applicant,
and any fictitious or trade name used by the applicant in conducting its business. (2) A list
of any criminal convictions of the applicant and any material litigation in which the applicant
has been involved in the 10-year period preceding the submission of the application. (3) A
description of any money transmission services previously provided by the applicant. (4) A
list of the proposed authorized delegates of the applicant and the locations in this state
where the applicant and its authorized delegates propose to engage in money transmission services.
(5) A list of other states in which the applicant is licensed to engage in...
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22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond
the limitations prescribed in this chapter whenever it is found, upon presentation of adequate
proof, that compliance with any rule or regulation, requirement or order of the commission
would impose serious hardship without equal or greater benefits to the public and the emissions
occurring, or proposed to occur, do not endanger or tend to endanger human health or safety,
human comfort and aesthetic values. In granting or denying a variance, the commission shall
file and publish a written opinion stating the facts and reasons leading to its decision.
(b) In granting a variance, the commission may impose such conditions as the policies of this
chapter may require. If the hardship complained of consists solely of the need for a reasonable
delay in which to correct a violation of this chapter or of the commission regulations, the
commission shall condition the grant of such variance upon the posting of...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a)
Generally. The contributions, interest, and penalties required to be paid under this chapter
shall be a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
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