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10A-5-3.03
Section 10A-5-3.03 Agency power of members and managers; duties. REPEALED IN THE 2014 REGULAR
SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in subsection (b),
every member is an agent of the limited liability company for the purpose of its business
or affairs, and the act of any member, including, but not limited to, the execution in the
name of the limited liability company of any instrument, for apparently carrying on in the
usual way the business or affairs of the limited liability company binds the limited liability
company, unless the member so acting has, in fact, no authority to act for the limited liability
company in the particular matter and the person with whom the member is dealing has knowledge
of the fact that the member has no such authority. (b) If the certificate of formation provides
that management of the limited liability company is vested in a manager or managers, both
of the following conditions apply: (1) No member, acting solely in...
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27-31A-2
Section 27-31A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Insurance Commissioner of this state or the commissioner, director, or superintendent
of insurance in any other state. (2) COMPLETED OPERATIONS LIABILITY. Liability arising out
of the installation, maintenance, or repair of any product at a site which is not owned or
controlled by either of the following: a. Any person who performs that work. b. Any person
who hires an independent contractor to perform that work, but shall include liability for
activities which are completed or abandoned before the date of the occurrence giving rise
to the liability. (3) DOMICILE. For purposes of determining the state in which a purchasing
group is domiciled: a. For a corporation, the state in which the purchasing group is incorporated.
b. For an unincorporated entity, the state of its principal place of...
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34-4-30
Section 34-4-30 Revocation or suspension - Procedure for hearings; immunity of board. (a) The
board may administer oaths and prescribe all necessary and reasonable rules for the conduct
of a hearing. The board may take testimony of any person by deposition, with the same fees
and mileage and in the same manner as prescribed by law in judicial procedure of courts of
this state in civil cases. The fees and mileage shall be paid by the party at whose request
the witness is subpoenaed. (b) If the board determines that the licensee is guilty under this
chapter, his or her license may be suspended or revoked. (c) The affirmative vote of a majority
of the board shall be necessary to revoke or suspend a license. (d) The board is declared
to be a quasi judicial body, and the members or the employees of the board are granted immunity
from civil liability and shall not be liable for damages therefrom when acting in the performance
of their duties as described in this chapter. (Acts 1973, No. 811,...
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34-5A-3
Section 34-5A-3 Composition of board; compensation; meetings; rules and fees; investigations;
Alabama Behavior Analyst Licensing Board Fund. (a) The Alabama Behavior Analyst Licensing
Board is established within the Department of Mental Health, Division of Developmental Disabilities.
The board shall consist of seven members, including four licensed behavior analysts, one licensed
psychologist in the state, one parent or legal guardian of a person being treated for a behavior
disorder, or a person who has received services from a licensed behavior analyst, and one
public member, who, except for the initial members, shall be appointed by the Governor, as
provided in subsection (b). The membership of the board shall be inclusive and reflect the
racial, gender, geographic, urban/rural, and economic diversity of the state. Each member
shall serve a three-year term, with initial terms being staggered so that one member serves
an initial term of one year, three members serve initial terms of...
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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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9-17-136
Section 9-17-136 Liability of owners and operators. Whenever costs of plugging a coalbed methane
gas well shall have been incurred by the board pursuant to this article and the board shall
have authorized the expenditure of moneys from the fund pursuant to Section 9-17-135 for the
purpose of plugging a coalbed methane gas well, the operator thereof and each and every owner
of a working interest in the well bore of such well shall be jointly and severally liable
to the state for repayment of the amount of such moneys, and the board is authorized to institute
appropriate civil actions in the courts in the name of the state to recover such amounts.
Any amounts so recovered shall be paid into the fund. Further, nothing in this article shall
be construed to relieve any operator or owner of a working interest in the well bore of any
coalbed methane gas well of any liability to any third party for damages incurred because
of failure to plug any coalbed methane gas well. (Acts 1990, No....
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16-17A-20
Section 16-17A-20 Applicability of other laws. Notwithstanding any other provision of law to
the contrary: (1) Each authority shall be exempt from all laws of the state governing usury
or prescribing or limiting interest rates, including, without limitation, the provisions of
Title 8, Chapter 8. (2) Authorities, university affiliates, members of the governing bodies
of authorities and university affiliates, and officers and employees of authorities and university
affiliates shall not be subject to state ethics laws, including, without limitation, the provisions
of Title 36, Chapter 25. (3) Meetings of the board of an authority and any committee thereof
shall not be subject to public meeting or notice requirements, including, without limitation,
the provisions of Title 36, Chapter 25A. (4) Deposits of authorities and university affiliates
are entitled to the benefits of the Security for Alabama Funds Enhancement Act, Title 41,
Chapter 14A, and therefore, authorities and university...
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22-30A-8
Section 22-30A-8 Liability for hazardous substance sites; action by department or Attorney
General to recover expenses; administrative order or civil action; for what costs fund may
be reimbursed; contributions among liable parties; declaratory judgment action to determine
apportionment. (a) Liable parties shall be liable to the state for amounts expended for the
investigation, identification, containment and cleanup of hazardous substance sites, including
the cost of post-cleanup monitoring and maintenance of such sites. (b) The department or the
Attorney General shall act to recover for the fund the reasonable and necessary amounts expended
for the investigation, identification, containment, cleanup, monitoring and maintenance of
inactive or abandoned hazardous substance sites to the extent the department or the Attorney
General can attribute these expenditures to liable parties as set out herein. Recovery of
these expenditures by the department or the Attorney General can be either...
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45-22-223
Section 45-22-223 Creation of board; composition; powers; funding. (a) In Cullman County, there
is established the Joppa Historical Board to own, operate, manage, and preserve the former
Joppa School property in the unincorporated community of Joppa, including any ball fields
and other historical structures, owned by the Cullman County Board of Education. The Joppa
Historical Board shall be composed of five members appointed by the Cullman County Legislative
Delegation for terms of four years. Members of the board shall continue to serve until a successor
is appointed. Members of the board are immune from civil liability for actions taken in the
conduct of their duties to the extent allowed under Section 36-1-12. (b)(1) The Joppa Historical
Board may accept title to the former Joppa School property owned by the Cullman County Board
of Education and may hold the property for the benefit and use of the public, particularly
the unincorporated community of Joppa. The Joppa Historical Board...
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45-22-224
Section 45-22-224 Creation of board; composition; powers; funding. (a) In Cullman County, the
Battleground School Historical Board is established to own, operate, manage, and preserve
the former Battleground School property in the unincorporated community of Battleground, including
any ball fields and other historical structures, owned by the Cullman County Board of Education.
The Battleground School Historical Board shall be composed of five members appointed by the
Cullman County Legislative Delegation for terms of four years. Members of the board shall
continue to serve until a successor is appointed. Members of the board are immune from civil
liability for actions taken in the conduct of their duties to the extent allowed under Section
36-1-12. (b)(1) The Battleground School Historical Board may accept title to the former Battleground
School property owned by the Cullman County Board of Education and may hold the property for
the benefit and use of the public, particularly the...
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