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34-24-536
Section 34-24-536 Enforcement of interstate compact. (a) The interstate commission, in the
reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(b) The interstate commission, by majority vote of the commissioners, may initiate legal action
in the United States District Court for the District of Columbia, or, at the discretion of
the interstate commission, in the federal district where the interstate commission has its
principal offices, to enforce compliance with the provisions of the compact, and its promulgated
rules and bylaws, against a member state in default. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing party,
which is expressly limited to the interstate commission or a member state, shall be awarded
all costs of such litigation including reasonable attorney's fees, but this provision does
not apply to third parties or private citizens. (c) The remedies...
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25-4-16
Section 25-4-16 Wages. (a) Prior to January 1, 1983, "wages," as used in this chapter,
shall mean such remuneration as was defined in this section prior to such date. (b) On and
after January 1, 1983, "wages," as used in this chapter, shall mean every form of
remuneration paid or received for personal services, including the cash value of any
remuneration paid in any medium other than cash. The reasonable cash value of remuneration
paid in any medium other than cash shall be determined in accordance with rules prescribed
by the director; except that effective on May 28, 1980, and for the purposes of reporting
and computing the amount of contributions due, back pay awarded as the result of an agreement,
arbitration, or order of a court of competent jurisdiction on a retroactive basis shall be
considered "wages" during the calendar quarter in which such retroactive payments
are made. The term "wages," however, shall not include: (1) That part of remuneration,
which after remuneration...
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34-24-537
Section 34-24-537 Default procedures. (a) The grounds for default include, but are not limited
to, failure of a member state to perform such obligations or responsibilities imposed upon
it by the compact, or the rules and bylaws of the interstate commission promulgated under
the compact. (b) If the interstate commission determines that a member state has defaulted
in the performance of its obligations or responsibilities under the compact, or the bylaws
or promulgated rules, the interstate commission shall: (1) Provide written notice to the defaulting
state and other member states, of the nature of the default, the means of curing the default,
and any action taken by the interstate commission. The interstate commission shall specify
the conditions by which the defaulting state must cure its default; and (2) Provide remedial
training and specific technical assistance regarding the default. (c) If the defaulting state
fails to cure the default, the defaulting state shall be terminated...
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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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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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16-22A-5
or certification in a position requiring unsupervised access to children of the nonpublic current
employee or current employee under review, until such time as written permission has been
given to the local employing board, State Department of Education, or other appropriate chief
executive officer to conduct the criminal history background information check. (j)(1) No
current employee under review shall be subjected to a criminal history background information
check for political or personal reasons. A review of a current employee under review,
which may be conducted at any time, irrespective of whether a prior criminal history background
information check has been conducted on the employee, shall be based upon reasonable suspicion.
(2) A current employee under review shall be apprised in writing of the reasons supporting
a request for a criminal history background information check, including the grounds supporting
reasonable suspicion, and shall be provided the opportunity to...
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34-25B-24
Section 34-25B-24 Exceptions. This chapter does not apply to the following: (1) An employee
of any business or entity that is not primarily engaged in the business of private investigation
when that employee is performing duties related to his or her employment. (2) An investigation
of the internal affairs of a private business entity investigating a current or prospective
employee. (3) An employee of any business or entity that is not primarily engaged in the business
of private investigation when that employee is working under a contract for his or her services
that his or her employer signed with a third party. (4) Any person or professional, including
without limitation an attorney providing legal services, who is not primarily engaged in the
business of private investigation, but who in conjunction with his or her business or profession
may occasionally perform private investigation services. (5) Any business or entity that is
not primarily engaged in the business of private...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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