12-22-21
After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting
any item or matter thereof, or any previous settlement or item, or matter thereof, within
42 days thereafter; (6) Upon any issue as to the insolvency of an estate and upon any issue
as to an allowance of any claim against insolvent estates, in which cases the appeal must
be taken within 42 days after the determination of such issue; and (7) On an application for
a division or partition of real or personal property, in which case the appeal must
be taken within 42 days, and the decree, judgment or order may be stayed upon the execution,
within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition
to be prescribed by the probate judge, such stay of execution to continue until the appeal
is decided. (Code 1852, §1888; Code 1867, §2244; Code 1876, §3954; Code 1886, §3641; Code
1896, §458; Code 1907, §2856; Code 1923, §6115; Code 1940, T. 7, §776.)...
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28-3-54
Section 28-3-54 Refund on overpayment or erroneous payment of taxes or licenses and of prepaid
taxes where loss sustained prior to sale at retail; petition. Where any licensee of the Alcoholic
Beverage Control Board in the payment of taxes or licenses which are paid directly to the
board, and where, by a mistake of fact or law, has paid an amount in excess of the amount
due or has made an erroneous payment, or where taxes have been prepaid to the board and the
alcoholic beverages upon which the tax has been prepaid is, prior to the sale of the same
at retail, lost or destroyed by fire, theft or casualty or is damaged by fire or other casualty
resulting in destruction of or damage to the beverages or beverage containers, the Comptroller
is authorized to draw his warrant on the Treasurer in favor of such licensee, and the Treasurer
is authorized to pay such warrant for the amount of such overpayment or erroneous payment
or prepayment of taxes or licenses. Provided, however, claims for...
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34-4-31
Section 34-4-31 Revocation or suspension - Resulting from judgment in damage action. Whenever
any person, partnership, association or corporation claiming to have been injured or damaged
by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the part of any
licensee following the calling or engaging in the business herein described shall file an
action upon such claim against such licensee in any court of record in this state and shall
recover judgment thereon, such court may as part of its judgment in such case, if it deems
it a proper case in which to do so, revoke the defendant's license, which shall not be reissued
to such licensee except upon unanimous vote of all members of the board in favor of such reissuance
and only then after the lapse of a period of 90 days from the date of such revocation. (Acts
1973, No. 811, p. 1236, §15.)...
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2-21-30
Section 2-21-30 Recovery of short weight and feed deficiency penalties. In any case wherein
the licensee fails or refuses to make payment of a penalty to the purchaser within the time
required, the purchaser may institute legal action against the licensee for the recovery of
such penalty as provided in Sections 2-21-28 and 2-21-29. Any judgment against the licensee
shall be double the amount of the penalty and shall include a reasonable attorney's fee and
court costs. In cases where the licensee is required to pay the amount of any penalty to the
commissioner for deposit to the credit of the Agricultural Fund, and the licensee fails or
refuses to make such payment within the time required, the commissioner may institute legal
action in a court of competent jurisdiction for collection of the amount of the penalty upon
10 days' notice to the licensee following the 60 day payment period. (Acts 1978, No. 780,
p. 1143, §15.)...
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2-22-13
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Legal actions for recovery of penalty. In any case wherein the
licensee fails or refuses to make payment to the consumer of a penalty within the time required,
the consumer may institute legal action against the licensee for the recovery of such penalty
as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount
of the penalty and shall include a reasonable attorney's fee and court costs. In cases where
the licensee is required to pay the amount of any penalty to the commissioner for deposit
to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment
within the time required, the commissioner may institute legal action in a court of competent
jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee
following the 60-day payment period. (Acts 1969, No. 434, p....
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16-13-98
claims which are secured by a pledge of the said tax superior to the pledge securing the claim
to which such payment is to be applied, and such deposit shall be applied to no other purpose
until all such claims are satisfied. Any custodian, treasurer, superintendent of education,
member of a board of education or other officer who shall by vote or in any other manner cause,
aid or encourage any diversion of any such deposit to any other purpose or any misappropriation
thereof whereby loss or injury to the owner or holder of any such claim is caused shall
be jointly and severally liable, both personally and upon his official bond, if bonded, to
such owner or holder to the extent of such loss or injury, including attorneys' fees
and other collection costs. Any failure to make such deposit as required by the section or
to apply the same as herein provided shall be construed as a diversion or a misappropriation,
and any owner or holder of any claim then or at any time in the future payable...
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34-28A-26
Section 34-28A-26 Suspension or revocation of licenses or issuance of reprimands to licensees;
appeals; restoration of licenses revoked, reduction of suspensions, etc. (a) The license of
any licensee under this chapter may be suspended or revoked, or a reprimand may be issued
by the board, upon a finding of the board that the licensee has committed any of, but not
limited to, the following acts: (1) Has been convicted of a felony in any court of the United
States, if the acts for which the person is convicted are found by the board to have a direct
bearing on whether the individual should be entrusted to serve the public as a speech-language
pathologist or audiologist. (2) Has been guilty of fraud or deceit in connection with his
or her services rendered as a speech-language pathologist or audiologist. (3) Has aided or
abetted a person, not a licensed speech-language pathologist or audiologist, in illegally
representing himself or herself as a speech-language pathologist or audiologist...
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2-27-54
Section 2-27-54 License - Suspension, revocation or modification; appeals from actions of commissioner.
(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after
opportunity for a hearing, may revoke or modify the provision of any license issued under
this section if he finds that the licensee is no longer qualified, has engaged in fraudulent
business practices in the custom application of pesticides or has made any custom application
of pesticides in a faulty, careless or negligent manner or has violated or fails or refuses
to comply with any of the provisions and requirements of this article, or regulations promulgated
thereunder. (b) Any person aggrieved by any action of the commissioner in refusing to issue
a license or in revoking any license may obtain a review thereof by filing an appeal to the
board within 15 days after notice of denial or revocation of the license has been received
by the applicant or licensee, which appeal must be heard by the...
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41-9-74
Section 41-9-74 Board to pay judgments against Board of Corrections officials; limitations,
exceptions, etc. (a) As part of the consideration of the employment or appointment of the
Commissioner of the Board of Corrections, deputy commissioners of the Board of Corrections,
members of the Board of Corrections and other officers, employees and agents of the Board
of Corrections, whether part-time or full-time, the Board of Adjustment shall pay all final
judgments awarded in courts of competent jurisdiction against the aforesaid commissioner,
deputy commissioners, members of the Board of Corrections, officers, employees and agents,
for acts arising out of and performed in connection with their official duties in behalf of
the State of Alabama, except to the extent that such coverage may be provided by an insurance
carrier. (b) Payment shall be limited to a maximum of $100,000.00 for all claims arising out
of the same act. (c) No part of this section shall be admissible evidence in any...
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34-14A-7
Section 34-14A-7 Applications for issuance or renewal of license; records; inactive license.
(a) Any residential home builder who desires to receive a new or renewal license under this
chapter shall make and file with the board 30 days prior to the next meeting of the board
a written application on a form prescribed by the board. Each applicant shall be a citizen
of the United States or, if not a citizen of the United States, a person who is legally present
in the United States with appropriate documentation from the federal government. Such application
shall be accompanied by the payment of the annual license fee required by the board. After
the board accepts the application, the applicant may be examined by the board at its next
meeting. The board, in examining the applicant, shall consider the following qualifications
of the applicant: (1) Experience. (2) Ability. (3) Character. (4) Business-related financial
condition. a. The board may require a financial statement on a form...
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