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36-25A-9
all members of the governmental body remaining in attendance at the alleged meeting held in
violation of this chapter. If filed by an Alabama citizen, the complaint shall state specifically
how the person is or will be impacted by the alleged violation to an extent which is greater
than the impact on the public at large. Members of a governmental body who are named as a
defendant in a complaint under this chapter shall serve an initial response to the complaint
within seven business days of personal service of the complaint. A preliminary hearing
on the complaint filed shall be held no later than 10 business days after the date of the
filing of the defendant or defendants' initial response to the complaint or, if no response
is filed, no later than 17 business days after the filing of the complaint, or on the nearest
day thereafter as the court shall fix, having regard to the speediest possible determination
of the cause consistent with the rights of the parties. (b) In the preliminary...
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36-25A-7
or lease real property shall be disclosed in the public portion of a meeting prior to the execution
of the contract. If an executive session is utilized pursuant to this exception in addition
to the members of the governmental body, only persons representing the interests of the governmental
body in the transaction may be present during the executive session. This real property discussion
exception shall not apply if: a. Any member of the governmental body involved in the transaction
has a personal interest in the transaction and attends or participates in the executive
session concerning the real property. b. A condemnation action has been filed to acquire the
real property involved in the discussion. (7) To discuss preliminary negotiations involving
matters of trade or commerce in which the governmental body is in competition with private
individuals or entities or other governmental bodies in Alabama or in other states or foreign
nations or to discuss matters or information of the...
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36-25-1
person is associated in a manner different from the manner it affects the other members of
the class to which he or she belongs. A conflict of interest shall not include any of the
following: a. A loan or financial transaction made or conducted in the ordinary course of
business. b. An occasional nonpecuniary award publicly presented by an organization for performance
of public service. c. Payment of or reimbursement for actual and necessary expenditures for
travel and subsistence for the personal attendance of a public official or public employee
at a convention or other meeting at which he or she is scheduled to meaningfully participate
in connection with his or her official duties and for which attendance no reimbursement is
made by the state. d. Any campaign contribution, including the purchase of tickets to, or
advertisements in journals, for political or testimonial dinners, if the contribution is actually
used for political purposes and is not given under circumstances from...
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36-25A-2
Section 36-25A-2 Definitions. As used in and for determining the applicability of this chapter,
the following words shall have the following meanings solely for the purposes of this chapter:
(1) DELIBERATION. An exchange of information or ideas among a quorum of members of a subcommittee,
committee, or full governmental body intended to arrive at or influence a decision as to how
any members of the subcommittee, committee, or full governmental body should vote on a specific
matter that, at the time of the exchange, the participating members expect to come before
the subcommittee, committee, or full body immediately following the discussion or at a later
time. (2) EXECUTIVE SESSION. That portion of a meeting of a subcommittee, committee, or full
governmental body from which the public is excluded for one or more of the reasons prescribed
in Section 36-25A-7(a). (3) GENERAL REPUTATION AND CHARACTER. Characteristics or actions of
a person directly involving good or bad ethical conduct,...
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36-25A-5.1
Section 36-25A-5.1 Participation by electronic communications. (a) Except as provided in subsection
(d), members of a governmental body as defined in Section 36-25A-2, that is comprised of members
from two or more counties, may participate in a meeting of that governmental body by means
of telephone conference, video conference, or other similar communications equipment which
allows all persons participating in the meeting to hear each other at the same time. Participation
by such means shall constitute presence in person at the meeting for all purposes, except
for the establishment of a quorum. (b) Every meeting shall have one physical location available
for persons wishing to be physically present, at which any interested member of the public
shall be able to hear all persons who are participating remotely, and that location shall
be published in a manner consistent with this chapter. (c) Utilization of electronic communication
shall be done in a manner that complies with this...
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34-14A-8
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal; reissuance;
fines. (a) The board may levy and collect administrative fines not to exceed five thousand
dollars ($5,000) for each violation or revoke or suspend the license of any licensee who,
in the opinion of the board, has committed fraud or deceit in obtaining a license required
by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the
practice of residential home building, who has engaged in the business of residential home
building outside the scope of the license, or who has violated this chapter or a board rule.
Should the board establish or adopt, or both, standards of practice for residential home builders
within the state, as provided in Section 34-14A-12, the board may suspend the license of any
licensee who, in the opinion of the board, has committed a violation of the standards of practice
and may impose any other disciplinary sanctions authorized...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
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34-8A-16
outside the area of their training, experience, or competence. (7) Is legally adjudicated mentally
incompetent, the record of the adjudication being conclusive evidence thereof. (8) Has willfully
or negligently violated any of the provisions of this chapter or any of the rules and regulations
adopted thereunder. (9) Has been practicing as a counselor without a license. (b)(1) Notice
of denial, revocation, suspension, or disciplinary action is required to be sent by registered
mail or personal service setting forth the particular reasons for the proposed action
and fixing a date not less than 30 days nor more than 60 days from the date of the mailing
or service, at which time the applicant, licentiate, or associate shall be given an opportunity
for a prompt and fair hearing. The written notice shall be sent to the last known address
of the person, but the nonappearance of the person shall not prevent the hearing. The hearing
shall be conducted by the board by means of sworn,...
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36-25A-3
time, date, and place of the meeting. (b) Unless otherwise specified by law directly applicable
to the governmental body, notice of a meeting, as defined in Section 36-25A-2(6)a.2. and 3.
as well as meetings called pursuant to Section 11-43-50 shall be posted as soon as practicable
after the meeting is called and in no event less than 24 hours before the meeting is scheduled
to begin, unless such notice (i) is prevented by emergency circumstances requiring immediate
action to avoid physical injury to persons or damage to property; or (ii) relates to
a meeting to be held solely to accept the resignation of a public official or employee. In
such situations, notice shall be given as soon as practical, but in no case less than one
hour before the meeting is to begin. At the same time general notice is given, special notice
shall be directed to any person who has registered to receive direct notices pursuant to the
provisions of subsection (a)(6). (c) Posted notice pursuant to this section...
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