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40-10-28
Section 40-10-28 Disposition of excess arising from sale. (a)(1) The excess arising from the
sale of any real estate remaining after paying the amount of the decree of sale, including
costs and expenses subsequently accruing, shall be paid over to a person or entity who has
redeemed the property as authorized in Section 40-10-120 or any other provisions of Alabama
law authorizing redemption from a tax sale, provided proof that the person or entity requesting
payment of the excess has properly redeemed the property is presented to the county commission
within three years after the tax sale has occurred. The county commission may retain any interest
earned on those funds. Until and unless the property is redeemed, the excess funds from the
tax sale shall be held in a separate account in the county treasury during the three-year
period. If at the end of the three-year period there has been no proper request for the excess
funds, those funds and any interest earned on those funds shall be...
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45-2-234.09
Section 45-2-234.09 Appeals; subpoenas; hearing. (a) A classified employee, other than an appointed
official, shall have the right to appeal any disciplinary action taken against him or her.
An employee on probationary status shall not have that right unless the employee had permanent
status in some other position at the time of appointment to the probationary position. An
employee, other than an appointed official, desiring to appeal any disciplinary action directed
against him or her shall first exhaust any administrative remedy as provided by policy of
the sheriff's personnel system. Upon exhausting any administrative remedy, the employee shall
then file his or her appeal in writing with the personnel officer within seven calendar days
of the last final administrative action on the disciplinary action, and shall request a hearing
before the personnel appeals board. Within seven calendar days after the receipt of the appeal,
the personnel officer shall file with the chair of the...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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12-21-282
Section 12-21-282 Procedure for securing attendance of witness within state at criminal proceeding,
etc.; in another state; fees and allowances; effect of failure of summoned witness to attend
and testify. (a) If a judge in a court of record in any state which, by its laws, has made
provision for commanding persons within that state to attend and testify in this state certifies
under seal of such court that there is a criminal proceeding pending in such court or that
a grand jury investigation has commenced or is about to commence, that a person being within
this state is a material witness in such proceedings or grand jury investigation and that
his presence will be required for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person resides or the county
in which such person is found if he is not a resident of this state, such judge shall fix
a time and place for a hearing, and shall make an order...
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13A-10-132
Section 13A-10-132 Crimes in connection with sham legal process, etc. (a) For the purposes
of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT
OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued, or
rendered in accordance with the applicable statutes, rules, regulations, and ordinances of
the United States, a state, an agency, or a political subdivision of a state. (3) SHAM LEGAL
PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or
other use of an instrument that is not lawfully issued, whether or not the instrument is produced
for inspection or actually exists, which purports to be any one of the following: a. A summons,
subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this
state, a peace officer, or a legislative, executive, or administrative agency established
by state law. b. An assertion of jurisdiction or authority over or...
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45-31-120
Section 45-31-120 Definitions. The following words, terms, and phrases, wherever used herein,
shall have the meanings respectively ascribed to them in this section, and shall include the
singular as well as the plural: (1) ALLOCATION. The assignment of positions to a class on
the basis of the nature, difficulty and responsibility, or work of the positions. (2) APPOINTING
AUTHORITY. The officials or board designated by resolution of the governing body as being
the official or board having authority to fill vacancies in a specified class, or the governing
body itself in the event that the governing body has made no such designation in respect to
a class, or having made such designation, has thereafter repealed such resolution. (3) BOARD.
The Personnel Board of Geneva County. (4) CERTIFY or CERTIFICATION. The act of supplying the
appointing authority with names of applicants deemed eligible for appointment to the class
or position to be filled. (5) CLASS. A position or group of positions...
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8-17-252
Section 8-17-252 Inspection where reasonable belief of violation; notification; citation; civil
action for relief. (a) Whenever the office or local issuing authority has reason to believe
that any person has engaged in, or is engaging in, or is about to engage in, any practice
or activity that is prohibited by this article, the office or issuing authority shall conduct
an inspection of the blasting operations and may order the permittee to monitor blast effects,
with seismographic readings, unless the same information is available to the office or issuing
authority as a result of a previous inspection. (b) When, on the basis of an inspection by
the office or issuing authority or seismic monitoring, it is determined by the office or issuing
authority that any person is in violation of any requirements of this article, and the violation
creates an imminent danger to the health, or safety of the public, or private property, the
local issuing authority shall immediately notify the office...
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19-3B-504
Section 19-3B-504 Discretionary trusts; effect of standard. (a) In this section, the terms
"child", "spouse", or "former spouse" include any person for
whom an order or judgment for child or spousal support has been entered in this or another
state. (b) Except as otherwise provided in subsection (c), whether or not a trust contains
a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is
subject to the trustee's discretion, even if: (1) the discretion is expressed in the form
of a standard of distribution; or (2) the trustee has abused the discretion. (c) To the extent
a trustee has not complied with a standard of distribution or has abused a discretion: (1)
a distribution may be ordered by the court to satisfy a judgment or court order against the
beneficiary for support or maintenance of the beneficiary's child, spouse, or former spouse;
and (2) the court shall direct the trustee to pay to the child, spouse, or former spouse such
amount as is...
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2-19-63
Section 2-19-63 Enforcement of rules and regulations, etc.; denial or revocation of permits.
(a) It shall be the duty of the commissioner to enforce the requirements of law relative to
cotton gins and to see that all rules and regulations relative to cotton gins that may be
established from time to time by him and approved by the State Board of Agriculture and Industries
are observed. (b) The said commissioner shall have power to refuse to issue a permit and to
revoke at any time the permit that has been issued to any cotton ginner who fails or refuses
to comply with the law or with the rules and regulations of the State Board of Agriculture
and Industries. (c) Any cotton ginner to whom such commissioner refuses to issue a permit
or whose permit has been revoked may appeal to the State Board of Agriculture and Industries,
which shall consider the matter with as little delay as possible and make such order as may
be justified by the facts. (d) The action of the board in refusing to...
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28-4-128
Section 28-4-128 Alcoholic Beverage Control Board to make written demand for statement upon
failure of common carrier, etc., to file same; notification of Attorney General of further
refusal or neglect to file statement; institution of proceedings for mandamus or injunction
by Attorney General. If any person, firm or corporation within the terms of this article shall
neglect or refuse to file with the Alcoholic Beverage Control Board such statement or statements
as required by Section 28-4-127, then it shall be the duty of the said board to make written
demand upon such person, firm or corporation to comply with the requirements of Section 28-4-127,
such demand to be served by any agent or officer of the board and return made to the board
upon a copy of the original demand. Upon further refusal or noncompliance, it shall be the
duty of the board to inform promptly the Attorney General of the state of such failure or
refusal, and it shall then be the duty of the Attorney General to file...
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