34-28A-5
Section 34-28A-5 Proceedings to enjoin or restrain violations of chapter. The board, the Attorney
General, or the local district attorney may apply to the circuit court in the county in which
a violation of this chapter is alleged to have occurred for an order enjoining or restraining
the commission or continuance of the acts complained of. Thereupon, the court has jurisdiction
over the proceedings and may grant any temporary or permanent injunction or restraining order,
without bond, as it deems just and proper. The remedy provided by this section is in addition
to and independent of any other remedies available for the enforcement of this chapter. (Acts
1975, 4th Ex. Sess., No. 90, p. 2756, §16; Acts 1997, No. 97-160, p. 218, §3.)...
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27-12-21
Section 27-12-21 Proceedings on unfair competition, etc., not defined under chapter - Generally.
(a) Whenever the commissioner has reason to believe that any person engaged in the business
of insurance is engaging in this state in any method of competition, or in any act or practice
in the conduct of such business which is not defined in this trade practices law, that such
method of competition is unfair or that such act or practice is unfair or deceptive and that
a proceeding by him in respect thereto would be to the interest of the public, he may issue
and serve such person a statement of the charges in that respect and a notice of a hearing
thereon to be held at a time and place fixed in the notice, which shall not be less than 10
days after the date of the service thereof. Each such hearing shall be conducted in the same
manner as the hearings provided for in Section 27-12-18. The commissioner shall, after such
hearing, make a report in writing in which he shall state his findings...
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34-11-35
Section 34-11-35 Powers of the board. (a) The board shall have the power to adopt and amend
bylaws and rules not inconsistent with the constitution and laws of this state, as may be
reasonably necessary for the proper performance of its duties and the regulation of its procedures,
meetings, records, examinations, and conduct. The board shall have the power to adopt and
amend from time to time rules of professional conduct for professional engineers, engineer
interns, professional land surveyors, land surveyor interns, and corporations, partnerships,
or firms holding certificates of authorization. The board shall adopt and have an official
seal, which shall be affixed to each certificate issued. (b) In carrying into effect its duties
in any case involving the revocation of licensure or any disciplinary proceeding involving
a licensee or the holder of a certificate of authorization or practicing or offering to practice
without licensure, or false statement in connection with an...
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5-18-10
Section 5-18-10 Examinations of licensees; investigations; enforcement powers of supervisor.
(a) Annual examinations of licensees. At least once each year and at such other time as may
be deemed necessary by the Supervisor of the Bureau of Loans, an examination shall be made
of the place of business of each licensee and of the loans, transactions, books, papers, and
records of the licensee so far as they pertain to the business licensed under this chapter.
As cost of examination, the licensee shall pay to the Bureau of Loans the actual cost of each
examination, the amount of which shall be reasonably prescribed under rules and regulations
promulgated by the Superintendent of Banks; provided, however, the cost for each day of examination
by each examiner shall not exceed eight times the average hourly rate for auditing purposes
as charged by three recognized certified public accountancy firms in the City of Montgomery,
Alabama. In addition thereto, the licensee shall pay as per diem the...
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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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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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2-11-38
Section 2-11-38 Proceedings for enforcement of provisions of chapter and rules or regulations
promulgated thereunder generally. (a) It shall be the duty of each district attorney to whom
any violation is reported to cause appropriate proceedings to be instituted and prosecuted
in a court of competent jurisdiction without delay. Before the commissioner reports a violation
for such prosecution, an opportunity shall be given the distributor or other affected person
to present his view to the commissioner. (b) The commissioner is hereby authorized to apply
for and the court to grant a temporary restraining order or permanent injunction restraining
any person from violating or continuing to violate any of the provisions of this article or
any rule or regulation promulgated under this article, notwithstanding the existence of other
remedies at law. Said injunction shall be issued without bond. (c) Nothing in this article
shall be construed as requiring the commissioner to report for...
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34-24-294
Section 34-24-294 Injunctive proceedings. (a) The Board of Medical Examiners may, in the name
of the people of the State of Alabama and through the Attorney General of the State of Alabama,
or district attorney under the supervision of the Attorney General, apply for an injunction
in any court of competent jurisdiction to enjoin any person from committing any act prohibited
by the board or by the provisions of this article. (b) If it is established that any person
has been or is committing any act prohibited by the board or by any provision of this article,
the court or any judge shall enter a judgment perpetually enjoining the person from further
committing the act. (c) In case of violation of any injunction issued under the provisions
of this section, the court or any judge thereof may summarily try and punish the offender
for contempt of court. (d) Such injunctive proceedings shall be in addition to and not in
lieu of all penalties and other remedies provided in this article. (Acts...
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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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8-21A-12
Section 8-21A-12 Action for injunction, damages, etc., for violations of chapter, unfair, or
deceptive trade practices, and other unlawful acts. Notwithstanding the terms, provisions
or conditions of any dealer franchise or dealer agreement or the terms or provisions of any
waiver, and notwithstanding any other legal remedies available, any person who is injured
in his business or property by a violation of this chapter, by the commission of any unfair
and/or deceptive trade practices, or because he refuses to accede to a proposal for an arrangement
which, if consummated, would be in violation of this chapter, may bring a civil action in
a court of competent jurisdiction to enjoin further violations, to recover any damages sustained
by him, together with the costs of the suit, including a reasonable attorney's fee. This section
applies equally to both manufacturers and dealers. (Acts 1991, No. 91-721, p. 1401, §12.)...

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