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25-4-97
Section 25-4-97 Powers of appeals tribunal, board of appeals and officers of Department of
Labor as to witnesses; witness fees. In the discharge of their duties under this chapter any
deputy, any appeals tribunal, any member of the board of appeals, and any officer of the Department
of Labor authorized and designated by the secretary shall have power to administer oaths,
certify to official acts, take and cause to be taken depositions of witnesses, issue and serve
subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts,
payrolls, documents, records, and testimony. In the event of failure of any person to comply
with any subpoena lawfully issued, or on the refusal of any witness to produce evidence or
to testify as to any matter regarding which he may be lawfully interrogated, it shall be the
duty of any court of competent jurisdiction or of the judge thereof, upon the application
of the secretary or any officer of the Department of Labor designated...
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31-2-79
Section 31-2-79 Exemption of members of militia from arrest. Members of the militia in the
active armed forces of the state shall not be arrested on any process issued by or from any
civil officer or court, except in the case of a felony or a breach of the peace, while going
to, remaining at, or returning from any place at which he may be required to attend for military
or naval duty; nor in any case whatsoever while actually engaged in the performance of his
military or naval duties, treason and murder excepted, unless with the consent of his commanding
officer. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §106; Acts 1973, No. 1038,
p. 1572, §80.)...
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5-25-6
Section 5-25-6 Issuance of license. (a) Upon receipt of a completed application for a license
together with all items set forth in subsection (c) of Section 5-25-5, the department shall
conduct such an investigation as it deems necessary to determine that the applicant and its
officers, directors, and principals are of good character and ethical reputation and will
operate honestly and fairly within the purposes of this chapter; and that the applicant demonstrates
reasonable financial responsibility. (b) The department may not license any applicant unless
it is satisfied that the applicant may be expected to operate its mortgage brokerage activities
in compliance with the laws of this state. (c) The department may not issue a license if it
finds that the applicant, or any person who is a director, executive officer, partner, or
principal of the applicant, has been convicted of a felony or offense which involves breach
of trust, fraud, or dishonesty in any jurisdiction. For the purposes...
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6-6-720
Section 6-6-720 Entry of summary judgment in favor of state against certain defaulters or sureties.
Summary judgment must be entered in favor of the state against the defaulters named in this
section and their sureties, or either, in any court of the county of their residence having
jurisdiction, on 10 days' notice, in the following cases: (1) Against any tax assessor for
making up a false or fraudulent assessment, in each case, for not more than $500, and such
tax assessor may also be imprisoned in the county jail for not exceeding three months; (2)
Against any county treasurer or county depositaries, or any officer or agency of the county
charged with the duty and custody of receiving and paying out county funds, for failing to
pay over the excess of purchase money as provided in the revenue law to the former owner of
any property sold for taxes, for not less than $200; (3) Against any judge of probate for
failing to make out and forward abstracts, reports, or returns according to...
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15-21-21
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas
corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be
discharged; but, if it appears that he is held or detained in custody by virtue of process
issued by a court or judge of the United States in a case of which such court or judge has
exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy
of the United States or, being subject to the rules and articles of war is confined by anyone
legally acting by authority thereof, or is in custody for any public offense committed in
any other state or territory for which, by the Constitution and laws of the United States,
he should be delivered up to the authority of such state or territory or that he is otherwise
legally detained, he must be remanded. (Code 1852, §730; Code 1867, §4281; Code 1876, §4957;
Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923,...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education may revoke
any certificate issued under this chapter when the holder has been guilty of immoral conduct
or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding,
under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised
from certification and any other rights pursuant to Section 16-24-9. (b) The State Superintendent
of Education shall immediately revoke any certificate issued under this chapter when the holder
is convicted of capital murder or any Class A felony, including, but not limited to, rape,
murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or second degree,
pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or second degree, pursuant
to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant to Section 13A-6-65.1. (4) Sexual
abuse in the first or second degree, pursuant to...
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31-2-24
Section 31-2-24 Preservation of arms, equipment, etc., by officers. All commissioned officers
of the National Guard and Naval Militia of this state shall exercise the strictest care and
vigilance for the preservation of the equipment, arms, and uniforms and military property
furnished to their several commands under the provisions of this chapter, and in case of any
loss thereof or damage thereto by reason of the neglect or default of any such officer to
exercise such care and vigilance he shall be liable to trial by court-martial for neglect
of duty. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §22; Acts 1973, No. 1038,
p. 1572, §23.)...
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41-10-40
Section 41-10-40 Duty of fairness and impartiality in granting allocations. Anything contained
in this division to the contrary notwithstanding, the authority shall have a duty to administer
the state ceiling allocation program created in this division fairly and impartially. In making
any decision entrusted to its discretion, including particularly the granting of allocations
or the reallocation of portions of the state ceiling among categories of affected bonds, or
the revocation or waiver of revocation of an allocation, the authority shall give paramount
importance to the fair, impartial and efficient discharge of its powers. Actions of the authority
shall be subject to review by a court of competent jurisdiction to assure adherence to such
standards of fairness and impartiality, which court may grant such legal and equitable remedies
as it may deem necessary in order to assure such adherence; provided, however, that no member
or director of the authority shall have any personal...
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11-65-5
Section 11-65-5 Composition of commission; terms; qualifications; removal from office. (a)
Every commission shall have five members, which shall constitute its governing body. All powers
of a commission shall be exercised by its members or pursuant to their authorization. The
mayor or other chief executive officer of the sponsoring municipality and the president or
other designated presiding officer of the county commission of the host county shall each
serve as a member ex officio, unless such official exercises his or her right, as provided
in subsection (b), to appoint a fixed-term member to serve in lieu of such official. The service
of each such official as a member shall begin with the beginning of his or her tenure in such
office and shall end with the ending of such tenure or the appointment by such official of
a fixed-term member to serve in lieu of his or her ex officio service. The other three members
shall be appointed in the manner hereinafter prescribed as soon as may be...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining whether
to apply notification requirements to a juvenile sex offender, the sentencing court shall
consider any of the following factors relevant to the risk of re-offense: (1) Conditions of
release that minimize the risk of re-offense, including, but not limited to, whether the juvenile
sex offender is under supervision of probation, parole, or aftercare; receiving counseling,
therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to,
advanced age or debilitating illness. (3) Criminal history factors indicative of high risk
of re-offense, including whether the conduct of the juvenile sex offender was found to be
characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric
profiles indicate a risk of recidivism. (5) The relationship between the...
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