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34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order, or
other final determination upon any public hearing provided for by this chapter, a party to
such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. No new or additional evidence may be introduced in the circuit court except as to
fraud or misconduct of some person engaged in the administration of this chapter...
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5-18A-17
Section 5-18A-17 Consent orders; civil or criminal penalties; extraordinary circumstances.
(a) The supervisor may enter into consent orders at any time with any person to resolve any
matter arising under this chapter. A consent order shall be signed by the person to whom it
is issued, or a duly authorized representative, and shall indicate agreement to the terms
contained therein. A consent order need not constitute an admission by any person that any
provision of this chapter, or any rule, regulation, or order promulgated or issued pursuant
to this chapter has been violated, nor need it constitute a finding by the supervisor that
such person has violated any provision of this chapter or any rule, regulation, or order promulgated
or issued hereunder. (b) Notwithstanding the issuance of a consent order, the supervisor may
seek civil or criminal penalties or compromise civil penalties concerning matters encompassed
by the consent order. (c) In cases involving extraordinary circumstances...
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8-16-18
Section 8-16-18 Penalties for violation of chapter. (a) Any person violating any provision
of this chapter or the rules and regulations issued hereunder shall be guilty of a misdemeanor
and, upon conviction, unless otherwise provided in this chapter, shall be fined not more than
$500 and may also be sentenced to hard labor for not more than six months. (b) In addition
to the criminal penalty provided for in subsection (a), the Board of Agriculture and Industries
may adopt a schedule of civil fines for violations of this chapter. All fines collected under
this chapter shall be deposited into the Agricultural Fund in the State Treasury. (Ag. Code
1927, §611; Code 1940, T. 2, §12; Act 2013-212, p. 485, §1.)...
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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
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34-43-18
Section 34-43-18 Injunction; civil penalty. (a) In addition to the criminal penalties prescribed
by this chapter, the board may seek an injunction against any person or establishment in violation
of this chapter. (b) In an action for an injunction, the board may demand and recover a civil
penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court
costs. (Acts 1996, No. 96-661, p. 1060, §18.)...
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37-9-31
Section 37-9-31 Penalties. Every person, including any officer, agent or employee of a corporation,
who violates, procures, aids or abets in the violation of any provision of this chapter or
fails to comply with any order, decision or regulation issued by the commission shall be guilty
of a misdemeanor, and, upon conviction, shall be punishable by a fine of not to exceed $1,000.00
or by imprisonment in the county jail for a term not to exceed one year, or both, in the discretion
of the judge trying said case. Each day's violation of this chapter or any of the terms or
conditions of any such order, decision or regulation shall constitute a separate offense,
each punishable as aforesaid. (Acts 1945, No. 269, p. 414, §21.)...
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5-25-16
Section 5-25-16 Enforcement and penalties. (a) Whenever it appears to the supervisor that any
person required to be licensed or registered under this chapter has violated any law of this
state or any order or regulation of the department, the supervisor after notice and hearing
may order such person or an affiliate acting on behalf of such person to cease and desist
from the unauthorized practices. (b) Any person required to be licensed under this chapter
or an affiliate of such person who is found by the supervisor after notice and hearing to
have violated this chapter or the terms of any order issued pursuant to this section may be
ordered by the supervisor to pay a civil penalty of not more than three thousand dollars ($3,000)
in the aggregate for all violations of a similar nature or, where violations are knowing violations,
not more than fifteen thousand dollars ($15,000), in addition to any other penalties provided
by law, including, but not limited to, revocation of any licenses...
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8-6-18
Section 8-6-18 Criminal penalties for violations of article; enforcement; scienter. (a) A person
who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of
a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section
8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any
prosecution under this section does not commence or begin to accrue until the discovery of
the facts constituting the deception, after which the prosecution shall be commenced within
five years. (b) A person who willfully violates any provision of this chapter, other than
those noted in subsection (a), or a rule adopted or order issued under this chapter, upon
conviction, shall be guilty of a Class A misdemeanor. (c) The enforcement of the provisions
of this article shall be vested in the commission. It shall be the duty of the commission
to see that its provisions are at all times obeyed and to take such measures and to...
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2-21-31
Section 2-21-31 Penalties for violations of chapter or rules and regulations; injunctive relief;
warning notices. (a) Penalties. Any person who shall violate any of the provisions of this
chapter or who fails to perform any duty or requirement imposed by the provisions of this
chapter or who violates any rule or regulation duly promulgated under this chapter or who
shall sell or offer for sale or distribute for sale any commercial feed in violation of the
requirements of this chapter shall be guilty of a misdemeanor and, upon conviction, shall
be punished as now prescribed by law for such an offense. Fines paid for such violations shall
be deposited in the State Treasury to the credit of the Agricultural Fund. (b) Injunctive
relief. In addition to the penalty provided hereunder, the commissioner may apply by petition
or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction
and for cause shown to grant a temporary or permanent injunction, or both,...
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