34-21-26
Section 34-21-26 Practice of nursing by unlicensed persons declared public nuisance; injunctive
relief. After January 1, 1968, the practice of professional nursing by any person who has
not been issued a license under the provisions of this article, or whose license has been
suspended, revoked, or has expired, is hereby declared to be inimical to the public welfare
and to constitute a public nuisance. After January 1, 1971, the practice of practical nursing
by any person who has not been issued a license under the provisions of this article, or whose
license has been suspended, revoked, or has expired, is hereby declared to be inimical to
the public welfare and declared to be a public nuisance. After January 1, 1968, the Board
of Nursing of the State of Alabama may apply to any court of competent jurisdiction for an
injunction to enjoin any person from practicing professional nursing, who has not been issued
a license to practice professional nursing or whose license therefor has been...
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34-28A-43
Section 34-28A-43 Adoption of bylaws and rules; seal; powers of board as to witnesses; institution
of proceedings to enjoin or restrain violations of chapter and liability of board members
therefor. (a) The board may adopt all bylaws and rules, not inconsistent with the constitution
and laws of this state, reasonably necessary for the proper performance of its duties and
the regulations of the proceedings before it. (b) The board shall adopt and have an official
seal. (c) In carrying into effect this chapter, the board may, under the hand of its chair
and the seal of the board, subpoena witnesses and compel their attendance and may also require
them to produce books, papers, maps, or documents. Any member of the board may administer
oaths of affirmation to witnesses appearing before the board. Witnesses officially called
by the board shall receive the same compensation and shall be reimbursed for expenses in the
same amount as the members of the board pursuant to Section 34-28A-41. If...
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34-34A-14
Section 34-34A-14 License denial, revocation, etc.; hearing procedures, reinstatement. (a)
The board may deny a license, refuse to renew a license, suspend a license, or revoke a license,
or it may reprimand, censure, or otherwise discipline a person practicing dietetics/nutrition
or offering to practice dietetics/nutrition in accordance with the provisions of this section
upon decision and after due hearing in any one of the following cases: (1) Upon proof that
such person has willfully or repeatedly violated any of the provisions of this chapter or
the rules enacted in accordance therewith; or willfully or repeatedly acted in a manner inconsistent
with the health, welfare, and safety of the public, (2) Upon proof that such person's conduct
is immoral, unprofessional, or dishonorable, (3) Upon proof that such person is guilty of
fraud or deceit in the practice of dietetics/nutrition or in his/her admission to such practice,
or (4) Upon proof that such person has been convicted in a...
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34-23-92
Section 34-23-92 Powers and duties generally. The board shall exercise, subject to this chapter,
the following powers and duties: (1) To adopt rules concerning the records and reports to
be kept and made by a pharmacy relating to the filling of prescriptions and the handling and
preservation of drugs. (2) To fix standards and requirements for licenses and permits except
as otherwise specified in this chapter. (3) To make rules and regulations regarding sanitation
consistent with state health regulations. (4) To employ such chemists, agents, clerical help,
and attorneys necessary for the proper administration of the duties of the board. (5) To employ
a Chief Drug Investigator and such other drug investigators that it deems necessary to enforce
this chapter which are under the supervision of the board. (6) To adopt rules and regulations
for the administration and enforcement of this chapter and not inconsistent herewith. Such
rules and regulations shall be referenced to the section or...
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11-49A-2
Section 11-49A-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of clear implication herein
otherwise, be given the following respective interpretations herein: (1) APPLICANT. A natural
person who files a written application with the governing body of any municipality to which
this chapter applies all in accordance with the provisions of Section 11-49A-4. (2) AUTHORITY.
A public corporation organized pursuant to the provisions of this chapter. (3) AUTHORIZING
MUNICIPALITY. Any municipality the governing body of which shall have adopted an authorizing
resolution. (4) AUTHORIZING RESOLUTION. A resolution, adopted by the governing body of any
municipality to which this chapter applies all in accordance with the provisions of Section
11-49A-4, that authorizes the incorporation of an authority. (5) BOARD. The board of directors
of an authority. (6) BONDS. Shall include bonds, notes, and...
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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty. Any person
who shall violate the provisions or requirements of this article, or rules and regulations
promulgated under this article, or who engages in the custom application of pesticides without
having a license therefor or who shall fail or refuse to perform any duty or requirement imposed
by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court,
may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction. In addition
to the penalty prescribed in subsection (a) of this section and notwithstanding the existence
of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction
and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary
or permanent injunction, or all, restraining and...
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34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative remedies
available within the board and who is aggrieved by a final decision of the board is entitled
to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately
reviewable only if review of the final board action would not provide an adequate remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery
County within 30 days after service of the final decision of the board. Copies of the petition
for review shall be served upon the board and the parties of record. (c) The filing of the
petition does not stay enforcement of the decision of the board. The board may grant, or the
reviewing court may order, a stay upon appropriate terms. (d) The review shall be conducted
by the court without a jury and shall be confined to the record. (e) The court shall not substitute
its judgment for that of the board as to the weight...
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44-1-52
Section 44-1-52 Powers. The youth services board shall have the following powers: (1) To appoint
the state youth services director and to fix his salary. (2) To institute and defend legal
proceedings in any court of competent jurisdiction and proper venue. (3) To contract with
any private person, organization or entity or any combination thereof capable of contracting,
if it finds such act to be in the public interest. (4) To establish and promulgate reasonable
rules, policies, orders and regulations for the carrying out of its duties and responsibilities.
(5) To purchase or lease land or to acquire property by eminent domain and to purchase, lease,
let, sell, exchange or otherwise transfer property, land or buildings in order to carry out
its duties and responsibilities under the provisions of this chapter. (Acts 1973, No. 816,
p. 1261, §§6, 15.)...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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44-1-24
Section 44-1-24 Powers and duties of department generally. The Department of Youth Services
shall perform the following: (1) Provide services for youths who have run away from their
own communities in this state or from their home communities in other states to this state,
and provide such services, care, or cost for the youths as may be required pursuant to the
provisions of the Interstate Compact on Juveniles. (2) Provide for the expansion of local
detention care for youths alleged to be delinquent pending court hearing. (3) Secure the provision
of medical, hospital, psychiatric, surgical, or dental service, or payment of the cost of
such services, as may be needed for committed youths. (4) License and subsidize foster care
facilities or group homes for youths alleged to be delinquent pending hearing before a juvenile
court or adjudged delinquent following hearing, including detention, examination, study, care,
treatment, and training. (5) Establish, maintain, and subsidize programs...
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