|
45-21A-10.04
Section 45-21A-10.04 Jurisdiction of Brantley Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Brantley Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this article and to issue orders
imposing the civil fines and costs set out in this article. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by U.S. mail. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
shall not be assessed if, after a hearing, the Brantley...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.04.htm - 5K - Match Info - Similar pages
6-5-774
Section 6-5-774 Remedies. A plaintiff, who establishes by a preponderance of the evidence that
his or her right of publicity has been violated, shall be eligible to receive the following
damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory
damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages,
including the defendant's profits derived from such use. The plaintiff, within a reasonable
time after the close of discovery, shall elect whether to claim statutory damages or to instead
receive such monetary relief as the fact finder may independently determine to award in accordance
with this section. b. Any other damages available under Alabama law, including punitive damages.
An election of statutory damages does not preclude the recovery of punitive damages if such
damages are available under Alabama law. (2) Injunctive relief. A violation of this article
is deemed to constitute a rebuttable presumption of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-774.htm - 1K - Match Info - Similar pages
8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert
a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims
of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical
evidence, and administer an oath or affirmation to any person, in aid of any investigation
or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance
with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful
excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction
for an order compelling compliance. After an action is commenced, discovery may proceed in
accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name
of the state, as necessary, to seek injunctive and any other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-12A-2.htm - 5K - Match Info - Similar pages
9-11-325
Section 9-11-325 Condition in permits to allow inspections; notice of and abatement of violations.
Each permit issued under this article shall include a condition authorizing anyone designated
by the Commissioner of Conservation and Natural Resources to enforce this article to enter
upon and inspect the facilities where the wildlife covered by such permit is held in captivity.
If the Commissioner of Conservation and Natural Resources or his designee uncovers a violation,
the Commissioner of Conservation and Natural Resources shall give reasonable time and adequate
notice, as he so determines, to the permittee to allow him to abate the violation. If, upon
the expiration of such time, the violation has not been abated, the Commissioner of Conservation
and Natural Resources may cause an action to be brought in the appropriate court to abate
such violation. (Acts 1971, No. 2246, p. 3602, ยง5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-11-325.htm - 1K - Match Info - Similar pages
12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-208.htm - 10K - Match Info - Similar pages
6-5-271
Section 6-5-271 Liability for theft or attempted theft; liability of parents of unemancipated
minor; liability for defrauding an eating establishment; liability of foster home. (a) An
adult or emancipated minor who commits or attempts to commit a theft of property consisting
of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4,
or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the
following: (1) The full retail value of the merchandise if not recovered in merchantable condition
at its full retail price. (2) Expenses for recovery of the merchandise in the amount of $200.
(3) Reasonable attorney's fees and court costs not to exceed $1000. (b) Parents or legal guardians
of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor
who commits or attempts to commit a theft of property consisting of goods for sale on the
premises of a merchant in violation of Sections 13A-8-3, 13A-8-4,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-271.htm - 2K - Match Info - Similar pages
6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-272.htm - 2K - Match Info - Similar pages
8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person
or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,
in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no
case shall the penalty against a person or entity for that violation exceed one hundred thousand
dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers
to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not
to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale,
provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand
dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to
any penalty prescribed by law, any corporation,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-17-275.htm - 3K - Match Info - Similar pages
8-19A-18
Section 8-19A-18 Civil penalties; recovery of penalties. (a) Any person who engages in any
act or practices that violate this chapter is liable for a civil penalty of up to ten thousand
dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the
following: (1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person
engaging in the violative act or practice and the director of the division by authority of
the Attorney General, and by payment of any agreed upon amount by the person against whom
the claim was filed. (3) The settlement of a claim against a person for violation of this
chapter before civil action is filed by agreement upon terms and by the payment of any settlement
amount agreed upon by the person and the director of the division by authority of the Attorney
General. (c) Upon ceasing the violative act or practice and agreeing to desist...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19A-18.htm - 2K - Match Info - Similar pages
9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-10.htm - 4K - Match Info - Similar pages
|