16-27A-8
Section 16-27A-8 Appeals. Persons who contest a notice of violation and are adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de novo to the circuit court of the county in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) The person appealing must, as a condition precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit court of jurisdiction. If on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If the person is adjudicated by the circuit court to be responsible for payment of...
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22-20A-32
Section 22-20A-32 Violations. (a) Any food service establishment engaged in the sale or advertising of catfish products in violation of this article shall be subject to civil penalties. The department shall impose the following civil penalties. For violations occurring within a 24-month period: (1) A warning for the first violation. (2) A fine of one hundred dollars ($100) for a second violation with 24 months. (3) A fine of two hundred fifty dollars ($250) for the third violation within 24 months. (4) A fine of five hundred dollars ($500) for the fourth violation within 24 months. (5) A fine of one thousand dollars ($1,000) for the fifth violation within 24 months and at the discretion of the department, a suspension of the food service establishment permit. (b) A person may appeal the assessment of a civil penalty by requesting a hearing that shall be held in accordance with the Alabama Administrative Procedure Act. Judicial review of a final action of the department shall be...
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34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any person who knowingly, willfully, or intentionally violates any provision of this chapter shall be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and separate offense. (b) When it appears to the board that any person is violating any of the provisions of this chapter, the board may in its own name bring an action in the circuit court for an injunction, and the court may enjoin any person from violating this chapter regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted. (c) In addition to any other provisions of law, the board may enter an order assessing a civil penalty against any nonregistered person, corporation, or other entity found guilty by the board of, but not limited to, the following violations of this chapter: (1) Engaging in the practice or offer to...
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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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34-27A-20
Section 34-27A-20 Revocation or suspension of license - Grounds; disciplinary proceedings; administrative fines. (a) The board may investigate the actions of a licensed real property appraiser on complaint or on its own motion, and may revoke or suspend the license, levy fines as provided in subsection (c), require completion of education courses, or discipline by public and no more than two private reprimands per licensed real property appraiser for any of the following acts or omissions: (1) Procuring or attempting to procure a license or certificate pursuant to this article by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license, or through any form of fraud or misrepresentation. (2) Failing to meet the minimum qualifications established by this article. (3) Paying money other than authorized by this article to any member or employee of the board to procure a license under...
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20-2-212
Section 20-2-212 Controlled substances prescription database program; powers and duties of department; trust fund; advisory committee; review committee. (a) The department may establish, create, and maintain a controlled substances prescription database program. In order to carry out its responsibilities under this article, the department is granted the following powers and authority: (1) To adopt regulations, in accordance with the Alabama Administrative Procedure Act, governing the establishment and operation of a controlled substances prescription database program. (2) To receive and to expend for the purposes stated in this article funds in the form of grants, donations, federal matching funds, interagency transfers, and appropriated funds designated for the development, implementation, operation, and maintenance of the controlled substances prescription database. The funds received pursuant to this subdivision shall be deposited in a new fund that is established as a separate...
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34-25A-6
Section 34-25A-6 Disciplinary actions. (a) The board may invoke disciplinary action as outlined in subsection (b) whenever it establishes to the satisfaction of the board, after a hearing as provided in Sections 41-22-1 through 41-22-17, the Alabama Administrative Procedure Act, that any person or entity to whom a license, registration, accreditation, or renewal thereof has been issued is guilty of any of the following: (1) Fraud, deceit, or misrepresentation in obtaining any license, registration, accreditation, or renewal thereof or money or other thing of value. (2) Gross immorality. (3) Being an habitual user of intoxicants or drugs rendering the person unfit for the practice of prosthetics, orthotics, or pedorthics. (4) Conviction of a felony or a misdemeanor involving moral turpitude. (5) Gross negligence in the practice of prosthetics, orthotics, or pedorthics. (6) Employing, allowing, or permitting any unlicensed person to perform any work in his or her office or facility...
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34-31-32
Section 34-31-32 Violations; penalties. (a) Any person engaged in business as a certified contractor or performing the functions of a certified contractor in violation of this chapter shall be guilty of a Class A misdemeanor, as defined by the state criminal code. (b) The board may, at its discretion, impose late penalties on those certified contractors who fail to renew certificates by December 31 of each year. The board may also remove certification from any certified person who fails to renew his or her certificate by the first day of March and require the person to apply for a new certificate. Furthermore, the board may at its discretion, remove, revoke, or suspend the certification from any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates this chapter, and may require such person to apply for a new certification. The board may, in its discretion, also require the successful re-testing of any such person who...
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9-17-103
Section 9-17-103 Liquefied Petroleum Gas Board - Promulgation, etc., of rules and regulations; inspection of gas systems. (a) The board shall have the power to make and enforce rules and regulations governing the design, construction, location, installation, and operation of containers, tanks, systems, and equipment for storing, utilizing, handling, and transporting liquefied petroleum gases and rules to secure the substantial accuracy of all meters, safety devices, and regulators generally used in connection with such gases. No person shall be permitted to certify the accuracy of their own company owned meters. The rules and regulations shall be such as are reasonably necessary for the protection of the health and safety of the public and persons using such gases, and shall be adopted pursuant to the Alabama Administrative Procedure Act. All rules and regulations shall be posted on the board website and available for download by the public. The board, upon request, shall provide a...
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11-98-13.1
Section 11-98-13.1 Permanent Oversight Commission on 911. (a) The Permanent Oversight Commission on 911 is established. The commission shall do the following: (1) Study the operational and financial condition of the current 911 systems within the State of Alabama and publish a report detailing the same. (2) Study the rate charged for 911 services and make recommendations to the board regarding adjustments to the rate. (3) Develop recommendations for the most efficient and effective delivery of 911 services in Alabama over both the long- and short-term. (4) Study the charges levied by each telecommunications provider to each communications district for both data base and network charges. (5) Develop legislation necessary to implement its long-term 911 plan. (6) Report its findings, recommendations, and proposed legislation to the Legislature prior to the last day of the 2014 Regular Session. (b) The commission shall remain in place until the later of the end of the 2014 Regular Session...
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