34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless within 30 days after the date of the commission's final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit court of the county of registration or the county in which the corporation has its principal place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas, but the decision of the commission may be stayed by the court pending such appeal. (c) The commission shall within 30 days of service of the notice of appeal, or within such additional time as the court may allow, file the record in the case with the...
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33-4-35
Section 33-4-35 Examination and certification generally. Before an applicant is branched or licensed, the commission must prepare in writing suitable questions to test his knowledge and competency to become such pilot, who, without any aid from any other person and without having been informed as to what question would be propounded to him, shall answer such questions. When the applicant has reduced his answers to writing, he shall sign the same and deliver them to one of the commissioners, and the commission must cause such answers to be copied legibly, but without the name of the applicant. The commission shall then appoint three fair, impartial and competent nautical men as a committee to examine the answers of the applicants. The applicant or applicants may name one of these, the existing pilots name another, and the commission, or a majority of them, shall name the third. The committee shall examine the copies of the answers of applicants and shall endorse upon the answer of such...
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33-4A-20
Section 33-4A-20 Branching or licensing criteria. To be eligible to be branched or licensed as the next bar pilot, a person shall meet all of the following criteria at the time of branching or licensing: (1) The person shall be the senior apprentice, with seniority to be determined by date of satisfactory completion of all of the following requirements to be a bar pilot except the written examination given by the commission. (2) The person shall be a citizen of the United States of America or legally present in this state. (3) The person shall be of good moral character. (4) The person shall have completed satisfactorily all requirements of the apprenticeship. (5) The person shall be a graduate of a four-year college or university accredited by a regional accrediting organization recognized by the U.S. Department of Education, or have a bachelor of science degree from a nationally recognized maritime academy. (6) The person shall hold and have the following current United States Coast...
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33-4A-26
Section 33-4A-26 Bond of pilot - Preserving bonds, etc.; new bonds; actions on bonds; liabilty. (a) The commissioners shall preserve on file all bonds and affidavits taken from bar pilots, and, whenever they consider it necessary, may require a new bond to be executed. The bar pilot's bond stands as security for any injury caused by the negligence or want of skill of the bar pilot, and action may be brought thereon in the name of any person aggrieved. (b) A bar pilot or apprentice providing bar pilot services to a vessel is not liable for more than five thousand dollars ($5,000) for damage or loss to any person or property caused by the bar pilot's or apprentice's error, omission, fault, or neglect in the performance of the bar pilot services, unless one of the following applies: (1) The damage or loss was caused because of the willful, intentional, or reckless misconduct of the bar pilot or apprentice. (2) Liability exists for exemplary or punitive damages for willful, intentional, or...
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34-14-7
Section 34-14-7 Apprentice permit; hearing aid specialist license; supervision and training. (a) An applicant who fulfills the requirements regarding age, character, education, and health, as set forth in subsection (a) of Section 34-14-4, may obtain an apprentice permit upon application to the board and payment of any required application and permit fees as prescribed by rule of the board. (b) Upon receiving an application as provided under this section and accompanied by the required fees, the board shall issue an apprentice permit which shall entitle the applicant to engage in the fitting and sale of hearing instruments for a period of one year under the direct supervision of a person holding a valid Alabama dispenser license or hearing aid specialist license, when designated by the sponsor, provided the apprentice has successfully completed the International Institute for Hearing Instrument Studies distance learning program. A sponsoring dispenser is responsible for the actions and...
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37-1-128
Section 37-1-128 Superseding order - Amount of bond. The bond required to be filed as provided in this subdivision in order to supersede an order of the commission shall be double the sum estimated under Section 37-1-127, with two or more sureties, to be approved by the judge, one of which may be a surety company, payable to the State of Alabama and conditioned to pay all such loss or damage as any person, firm or corporation may sustain, including all such excess rates, fares or charges as such person, firm or corporation may have paid pending the appeal to the circuit court, or any subsequent appeal to the supreme court, in the event the order or action of the commission shall be sustained. (Acts 1909, No. 42, p. 96; Code 1923, §9840; Code 1940, T. 48, §86.)...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise, the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances, equipment, parts, or accessories therefor, or any other commodity or commodities or service or services which such motor vehicle dealer has not voluntarily ordered or requested except items required by applicable local, state, or federal law; or to require a motor vehicle dealer to accept, buy, order, or purchase such items in order to...
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12-16-34
Section 12-16-34 Compensation of members. (a) Upon written order of the presiding circuit judge or his designee, the jury commission shall meet on such days as are required to replenish the number of names in the trial court jury box and to perform such other necessary duties as are related thereto. Each member of the jury commission shall be paid the sum of $10.00 for each day he is actually engaged in the discharge of his duties pursuant to the order of the presiding circuit judge. The president of each jury commission shall submit all claims for compensation for its members along with a copy of the order of the presiding circuit judge to the Administrative Director of Courts. Claims shall be submitted on such forms as may be prescribed by the Administrative Director of Courts, and, if approved, shall be processed and paid by the state. (b) The compensation of each member of the commission shall not exceed for any year of his term the following amounts: (1) In counties of 25,000...
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5-19-5
Section 5-19-5 Acceptance of negotiable instruments as evidence of consumer debt. In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee. A holder is not a holder in due course if the holder takes a negotiable instrument with notice that it is issued in violation of this section. A holder in due course is not subject to the liabilities prescribed in this chapter. (Acts 1971, No. 2052, p. 3290, §4; Acts 1995, No. 95-668, p. 1381, §4; Acts 1996, No. 96-576, p. 887, §2.)...
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33-4-37
Section 33-4-37 Issuing licenses; possession and exhibition of licenses; oath of pilot. The State Pilotage Commission shall issue to each pilot licensed and branched by them an original and a duplicate certificate of his appointment, competency and authority to act as such pilot, and as to the extent thereof, and shall reissue duplicate certificates from time to time, as the occasion may require. Such original and duplicate certificates shall be signed by a majority of the commissioners or by their chairman by their direction. Each bay or bar pilot holding a license or branch must keep upon his person, when offering his services to any vessel, his duplicate certificate and must, upon demand of the proper officer of the vessel, exhibit the same and allow such officer to inspect it. Before issuing an original license or branch, the commissioners delivering the same to the appointee shall require him to take and subscribe in writing an oath as follows, to be administered by such...
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