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12-21-12
Section 12-21-12 Proof by substantial evidence required; scintilla rule abolished; higher standard
of proof; substantial evidence defined; application. (a) In all civil actions brought in any
court of the State of Alabama, proof by substantial evidence shall be required to submit an
issue of fact to the trier of the facts. Proof by substantial evidence shall be required for
purposes of testing the sufficiency of the evidence to support an issue of fact in rulings
by the court, including without limitation, motions for summary judgment, motions for directed
verdict, motions for judgment notwithstanding the verdict, and other such motions or pleadings
respecting the sufficiency of evidence. (b) The scintilla rule of evidence is hereby abolished
in all civil actions in the courts of the State of Alabama. (c) With respect to any issue
of fact for which a higher standard of proof is required, whether by statute, or by rule or
decision of the courts of the state, substantial evidence shall...
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17-5-15
Section 17-5-15 Contributions by one person in name of another; contributions between political
action committees, etc. (a) It shall be unlawful for any person, acting for himself or herself
or on behalf of any entity, to make a contribution in the name of another person or entity,
or knowingly permit his or her name, or the entity's name, to be used to effect such a contribution
made by one person or entity in the name of another person or entity, or for any candidate,
principal campaign committee, or political action committee to knowingly accept a contribution
made by one person or entity in the name of another person or entity; provided, however, that
nothing in this chapter prohibits any person from soliciting and receiving contributions from
other persons for the purpose of making expenditures to a candidate, political campaign committee,
political action committee, or elected state or local official required to file reports pursuant
to Section 17-5-8. (b) It shall be unlawful...
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22-35-8
Section 22-35-8 Rehabilitation of contamination sites. (a) The Legislature finds that in order
to provide for the expeditious rehabilitation of contamination sites, voluntary rehabilitation
of contamination sites should be encouraged, provided that such rehabilitation is conducted
in a manner and to a level of completion which will protect the public health, safety, and
welfare and will minimize damage to the environment. To accomplish this purpose, the commission
shall promulgate rules and regulations for the approval and compensation of response action
contractors or through the use of their own personnel. The state shall not be party to contracts
established between an owner or operator and a response action contractor and nothing in this
chapter shall be construed as a state contract but to the contrary, it is expressly manifest
that these are not state contracts and are expressly exempt from any competitive bid laws.
(b) Nothing in this chapter shall be deemed to prohibit a person...
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34-11-1
Section 34-11-1 Definitions. For the purposes of this chapter, the following words and phrases
shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of
Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30.
(2) DESIGN COORDINATION. The review and coordination of technical submissions prepared by
persons other than the principal engineer, including, as appropriate and without limitations,
consulting engineers, architects, landscape architects, land surveyors, and other professionals
working under the direction of the engineer. (3) DISCIPLINARY ACTION. Any final written decision,
order, consent agreement, public reprimand, or other formal action taken against an individual
or firm by the board based upon a violation of this chapter or a board rule. (4) ENGINEER
INTERN. An individual who has been certified as an engineer intern by the board. (5) ENGINEER
or PROFESSIONAL ENGINEER. An individual who, by reason of his or...
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8-6-3
Section 8-6-3 Registration and bonds of dealers, agents, investment advisers, etc. (a) It is
unlawful for any person to transact business in this state as a dealer or agent for securities
unless he or she is registered under this article. It is unlawful for any dealer or issuer
to employ an agent unless the agent is registered. (b) It is unlawful for any person to transact
business in this state as an investment adviser or as an investment adviser representative
unless: (1) He or she is so registered under this article; (2) His or her only clients in
this state are investment companies as defined in the Investment Company Act of 1940, other
investment advisers, broker-dealers, banks, trust companies, savings and loan associations,
insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental
agencies or instrumentalities, whether acting for themselves or as trustees with investment
control, or other institutional investors as are designated by...
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25-10-4
Section 25-10-4 Powers and duties of Department of Labor generally. The department is authorized
and empowered to: (1) Provide technical and managerial assistance to small business concerns,
by advising and counseling on matters in connection with state procurement policies, practices
of good management, including, but not limited to, cost accounting, methods of financing,
business insurance, accident control, wage incentives, methods engineering and legal questions,
by cooperating and advising with voluntary business, professional, educational and other organizations,
associations and institutions and with federal and state agencies, by maintaining a clearinghouse
for information concerning the managing, financing, and operation of small business enterprises,
by disseminating such information and by such other activities as are deemed appropriate;
(2) Make a complete inventory of all productive facilities of small business concerns in the
state; (3) Coordinate and ascertain the means...
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40-18-402
Section 40-18-402 Renewal of Alabama Commission. (a) There is hereby created the Renewal of
Alabama Commission. (b) The commission shall be comprised of all of the following persons:
(1) The Director of Finance, or his or her designee. (2) The Secretary of Commerce, or his
or her designee. (3) The Chair of the House Ways and Means Education Committee, or its successor
committee, if any, or his or her designee. (4) The Chair of the Senate Finance and Taxation
Education Committee, or its successor committee, if any, or his or her designee. (5) Three
persons appointed by the Governor, at least one of whom shall be a resident of an area of
the state the source of whose primary power supply is the Tennessee Valley Authority or its
lawfully authorized distributor. (6) One person appointed by the Speaker of the House, who
shall be an employee, board member, or trustee of an Alabama public community college or four-year
institution of higher education. (7) One person appointed by the President...
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40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale and Distributor
Reporting Advisory Group. (a) This article shall establish the Wholesale to Retail Accountability
Program or "WRAP". (b) For the purpose of this article, the following words shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) LICENSED
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations such
as warehousing, shipping, and storage of product, and who holds a...
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41-22-5
Section 41-22-5 Notice of intent to adopt, amend, or repeal rules; adoption of emergency rules;
procedural requirements; proceedings to contest rules. (a) Prior to the adoption, amendment,
or repeal of any rule, the agency shall: (1) Give at least 35 days' notice of its intended
action. Date of publication in the Alabama Administrative Monthly shall constitute the date
of notice. In addition to the other requirements of this chapter, the notice shall state whether
the proposed adoption, amendment, or repeal of the rule relates to or affects in any manner
any litigation which the agency is a party to concerning the subject matter of the proposed
rule. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subjects and issues involved, shall specify a notice period
ending not less than 35 days or more than 90 days from the date of the notice, during which
period interested persons may present their views, and shall specify the...
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41-9-252
Section 41-9-252 Cahawba Historical Site - Advisory committee. (a)(1) There is established
an advisory committee to be known as the Cahawba Advisory Committee, composed of 16 members,
15 of whom shall be appointed by the Governor. The Judge of Probate of Dallas County shall
be the sixteenth member but shall be a member ex officio and shall not be entitled to a vote
on the advisory committee. The members shall serve for terms of seven years each, and the
judge of probate shall serve throughout his or her term of office. Members of the advisory
committee shall be appointed so that each congressional district is represented by one appointed
member on the advisory committee; except, that the congressional district in which Cahawba
is situated shall be represented by eight appointed members, five of whom shall be residents
of Dallas County and three of whom shall be from some other county in the congressional district.
The membership of the advisory committee shall reflect the racial,...
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