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8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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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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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of article,
rules, etc. Whenever it shall appear that any person is violating or threatening to violate
any provision of this article or any rule, regulation or order made under this article and
unless the board without litigation can effectively prevent further violation or threat of
violation, then the board, through the Attorney General, who may call to his assistance the
district attorney of the circuit in which civil action is instituted, shall bring in the name
of the State of Alabama against such person in the circuit court in the county of the residence
of the defendant or, if there is more than one defendant, in the circuit court of the county
of the residence of any of them or in the circuit court of the county in which such violation
is alleged to have occurred, a civil action to restrain such person from continuing such violation
or from carrying out the threat of violation. In such civil...
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13A-11-17
Section 13A-11-17 Disrupting a funeral or memorial service. (a) A person commits the crime
of disrupting a funeral or memorial service if, during the 60 minutes immediately preceding
a funeral or memorial service that has a scheduled starting time, during the funeral or memorial
service, or immediately following the funeral or memorial service, the person does any of
the following with the intention of disrupting the funeral or memorial service: (1) Engages
in a protest, including, but not limited to, protest with or without using an electric sound
amplification device, that involves singing, chanting, whistling, yelling, or honking a motor
vehicle horn within 1,000 feet of the entrance to a facility being used for a funeral or memorial
service. (2) Blocks access to a facility being used for the service. (3) Impedes vehicles
that he or she knows are part of the procession. (b) For purposes of this section, the term
"facility" includes a funeral home, church, or cemetery in which the...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
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27-12A-9
Section 27-12A-9 Administrative cease and desist authority. Whenever it appears to the commissioner
that any person has engaged in or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order hereunder, the commissioner
may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease
and desist order, with or without a prior hearing, against the person or persons engaged in
the prohibited activities, directing them to cease and desist from engaging in the act or
practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or
practice and to enforce compliance with this chapter or any rule or order issued hereunder.
Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus
shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's
assets. In addition, upon a proper showing by the commissioner,...
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32-5A-350
Section 32-5A-350 Definitions; prohibited activities; fines; exceptions. (a) For purposes of
this article, the following words have the following meanings: (1) WIRELESS TELECOMMUNICATION
DEVICE. A handheld cellular telephone, a text-messaging device, a personal digital assistant,
a stand alone computer, or any other similar wireless device that is readily removable from
a vehicle and is used to write, send, or read text or data through manual input. The term
"wireless telecommunication device" does not include a device which is voice-operated
and which allows the user to send or receive a text-based communication without the use of
either hand except to activate or deactivate a feature or function. (2) WRITE, SEND, OR READ
A TEXT-BASED COMMUNICATION. Using a wireless telecommunication device to manually communicate
with any person using text-based communication, including, but not limited to, communications
referred to as a text message, instant message, or electronic mail. The term...
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32-6-253.1
Section 32-6-253.1 Removable windshield placard; unauthorized use of parking places. (a) Any
person who submits to the Department of Veterans Affairs an application which includes satisfactory
proof that he or she meets the military service and award requirements to be issued a license
plate authorized by Section 32-6-250, shall be issued a removable windshield placard displaying
the appropriate military honor or veteran status. The application shall be on a form approved
by the Department of Veterans Affairs. There shall be no fee for the removable windshield
placard. (b) The removable windshield placard shall be prepared by the Department of Veterans
Affairs in cooperation with the Department of Revenue. (c) The removable windshield placard
shall be designed to hang from the front windshield rearview mirror when the vehicle is parked
in a parking space reserved for persons with the corresponding military honor or veteran status.
If the vehicle lacks a rearview mirror, the placard...
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32-8-8
Section 32-8-8 Right of inspection for violations. (a) Any sheriff, deputy sheriff, policeman
of an incorporated municipality or duly authorized representative of the Department of Public
Safety or Department of Revenue of this state may enter into the premises of any automobile
salvage dealer, junkyard, automobile, or other motor vehicle dealer licensed therefor by the
State of Alabama or any political subdivision thereof and inspect the identification numbers
of all motor vehicles or parts thereof contained on said premises, at any time of the day
or night in order to enforce the provisions of this chapter. (b) Any sheriff, deputy sheriff,
policeman of an incorporated municipality, or duly authorized commissioned law enforcement
officer of the Department of Public Safety or the Department of Revenue of this state shall
have the power to serve and execute any and all search warrants obtained in accordance with
law for the purposes of the provisions of this chapter. (c) Interference by...
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37-3-12
Section 37-3-12 Certificate of public convenience and necessity - Scope of authority granted;
deviations; charter parties; transportation of newspapers, baggage or mail; abandonment or
discontinuance. (a) Any certificate issued under Sections 37-3-10 and 37-3-11 shall specify
the service to be rendered and the routes over which, the fixed termini, if any, between which,
and the intermediate and off-route points, if any, at which, and in case of operations not
over specified routes or between fixed termini, the territory within which the motor carrier
is authorized to operate; and there shall at the time of issuance and from time to time thereafter
be attached to the exercise of the privilege granted by the certificate such reasonable terms,
conditions and limitations as the public convenience and necessity may from time to time require,
including terms, conditions and limitations as to the extension of the route or routes of
the carrier, and such terms and conditions as are necessary...
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