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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article;
investigation; revocation of registration. (a) If it appears that a person, firm, corporation,
or any business entity has engaged, or is about to engage, in an act or practice constituting
a violation of a provision of this article or rule or order of the commission, the commission,
through the Attorney General, may institute legal actions to enjoin the act or practice and
to enforce compliance with this article or any rule or order of the commission or to have
a receiver or conservator appointed. To prevail in such action, it shall not be necessary
to allege or prove either that an adequate remedy at law does not exist or that substantial
or irreparable damage would result from the continued violation thereof. (b) The commission
may: (1) Make any public or private investigation which it deems necessary, either within
or outside of this state, to determine whether any person has violated or is about...
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34-27-62
Section 34-27-62 Enforcement and implementation of article; acts constituting misdemeanors;
voidability of sales of unregistered plans, etc. (a) The Alabama Real Estate Commission shall
be responsible for the enforcement and implementation of this article, and the Attorney General
of the State of Alabama, or the district attorney of any county of the State of Alabama upon
request by the commission, shall assist the commission in the enforcement of this article
and the prosecution of violations hereunder. The provisions of this article shall not be construed
to limit in any manner the right of any party to bring a private action to enforce the provisions
of this article. In addition to the administrative enforcement of this article by the commission,
the following shall be Class A misdemeanors triable in the courts of Alabama: (1) It shall
be a Class A misdemeanor for any person, natural or legal, while within the borders of the
State of Alabama, to participate in the sale or attempted...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state,
shall execute a compact, in substantially the following form, with the State of Mississippi,
and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states
solemnly agree: Article I. The purpose of this compact is to promote and develop trade, commerce,
industry, and employment opportunities for the public good and welfare in northeast Mississippi
and northwest Alabama through the establishment of a joint interstate authority to acquire
certain railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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8-6-15
Section 8-6-15 Investigations and subpoenas by commission. (a) The Securities Commission,
in its discretion, may: (1) Make such public or private investigations within or outside of
this state as he deems necessary to determine whether any registration in the sale of securities
should be granted, denied, or revoked, whether any person has violated or is about to violate
any provision of this article or any rule or order hereunder, to aid in the enforcement of
this article or in the prescribing of rules and forms hereunder; (2) Require or permit any
person to file a statement in writing, under oath, or otherwise as the commission may determine,
as to all the facts and circumstances concerning the matter to be investigated; and (3) Publish
information concerning any violation of this article or any rule or order hereunder. (b) For
the purpose of any investigation or proceeding under this article, the Securities Commission
or any officer designated by it may administer oaths and...
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34-27-51
Section 34-27-51 Acts constituting violation of article - Sell, etc.; without license;
failure to provide certain documents at time of registration; failure to follow rules of advertising.
It shall be a violation of this article for any seller of vacation time-sharing plans to:
(1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions
unless the seller has been duly licensed under the provisions of Section 34-27-66 and
unless the vacation time-sharing plan and the units thereby affected have first been registered
with the commission. Provided, however, that the registration requirements of this article
shall not apply to nor restrict the listing and resale of any vacation time-sharing plan when:
a. The vacation time-sharing plan to be resold is within an existing time-sharing facility
currently registered with the commission pursuant to the requirements of this article; and
b. The vacation time-sharing plan to be resold is subject to the identical...
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34-27-67
Section 34-27-67 Registration required of every plan offered for sale. Every vacation
time-sharing plan for sale or offered for sale in this state shall be registered with the
Alabama Real Estate Commission as follows: (1) Upon receipt of an application for registration
in the required form, the commission shall forthwith initiate an examination to determine
that: a. The seller may convey or cause to be conveyed the vacation time-sharing plan offered
for sale if the purchaser complies with the terms of the offer. b. The advertising material
and general promotional plan are not false or misleading as determined by the commission.
c. The requirements of this article and the rules of the commission have been fulfilled. d.
The seller has not, or, if a corporation, its officers, directors, and principals have not
been convicted of any crime involving land dispositions, any crime of moral turpitude, any
securities law violation, fraudulent business activity, or any aspect of the vacation...
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34-24-341
Section 34-24-341 Commission to commence actions where persons practicing without license;
court jurisdiction; issuance of injunctions. The Medical Licensure Commission, in addition
to the powers and duties expressed in this article with respect to the denial of a license,
denial of a certificate of registration, and suspension or revocation of a license, is empowered
to commence and maintain in its own name in any circuit court having jurisdiction of any person
within this state, who is practicing without a license or to whom a license has been denied,
or to whom a certificate of registration has been denied or whose license has been suspended
or revoked by action of the commission, an action in the nature of quo warranto as provided
for in Section 6-6-590 et seq., as the same is now or may hereafter be amended, to
order such person to cease and desist from continuing to practice medicine or osteopathy within
the State of Alabama, and jurisdiction is conferred upon the circuit courts...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may
on its own, or on the verified complaint in writing of any person, investigate the actions
and records of a licensee. The commission may issue subpoenas and compel the testimony of
witnesses and the production of records and documents during an investigation. If probable
cause is found, a formal complaint shall be filed and the commission shall hold a hearing
on the formal complaint. The commission shall revoke or suspend the license or impose a fine
of not less than one hundred dollars ($100) nor more than two thousand five hundred dollars
($2,500), or both, or reprimand the licensee in each instance in which the licensee is found
guilty of any of the following acts set out in this section. The commission may revoke
or suspend a license until such time as the licensee has completed an approved continuing
education course and/or made restitution to accounts containing funds to be held for other...
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8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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8-19A-8
Section 8-19A-8 Display of license required; penalty for failure to display license.
(a) The division shall issue to each approved applicant a license in the form and size as
is prescribed by the division and, in the case of a commercial telephone seller, shall issue
a license for each location at which the commercial telephone seller proposes to do business.
Each license issued under this chapter shall show the name and address of the licensee. (b)
Each licensee shall prominently display his or her license at the location where he or she
does business. Each licensee shall make the license available for inspection by any governmental
agency upon request. (c) Failure to display a license is sufficient grounds for the division
to issue an immediate cease and desist order. The order shall remain in effect until the commercial
telephone seller can show the authorities that he or she is licensed. The division shall order
the business to cease operations and request the Public Service...
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