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37-1-141
Section 37-1-141 Who may appeal; manner of taking appeal; application for supersedeas; supersedeas
bonds; collection of denied rate increases prior to final disposition of case. Either party
or any intervenor may appeal to the supreme court from the action or order of the commission
under the same rules and regulations and in the same manner and under the same conditions
as are or may be provided by law for appeals from circuit courts in other public utility cases.
Application for supersedeas may be made to the supreme court or a justice thereof. All supersedeas
bonds required shall be in the same amount, subject to the same penalties and conditions and
have the same effect as is now provided or may hereafter be provided by law in such cases.
If the appeal is by a telephone company or a public utility and supersedeas is granted, the
appellant shall be entitled to collect, subject to refund with interest, any portion of the
requested increase denied on any rate decrease directed by such...
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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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34-27-2
Section 34-27-2 Definitions; exemptions from chapter. (a) For purposes of Articles 1 and 2
of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) ASSOCIATE BROKER. Any broker other than a qualifying broker. (2) BROKER. Any person licensed
as a real estate broker under Articles 1 and 2 of this chapter. (3) COMMISSION. The Alabama
Real Estate Commission, except where the context requires that it means the fee paid to a
broker or salesperson. (4) COMMISSIONER. A member of the commission. (5) COMPANY. Any sole
proprietorship, corporation, partnership, branch office, or lawfully constituted business
organization as the Legislature may provide for from time to time, which is licensed as a
company under Articles 1 and 2 of this chapter. (6) ENGAGE. Contractual relationships between
a qualifying broker and an associate broker or salesperson licensed under him or her whether
the relationship is employer-employee, independent contractor, or...
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37-1-80.2
Section 37-1-80.2 Dual party relay system and fund; board of trustees; funding of other services;
liability of trustees. (a) The Alabama Public Service Commission shall impose a surcharge
on each access line of each customer of the local exchange companies operating in Alabama
to fund a dual party relay system whereby a deaf or hearing-impaired person may communicate
with other such persons or with hearing persons via telephone. The fee may be imposed by order
of the Alabama Public Service Commission on the access line. (b) The Alabama Public Service
Commission shall establish the amount to be imposed based on the amount of funding necessary
to implement and maintain such system. However, no additional fees other than the surcharge
may be imposed on any user of this deaf and hearing-impaired service. (c) The local exchange
companies shall collect the surcharge from their customers and transfer the moneys collected
to the Alabama Public Service Commission to be deposited into a special...
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37-2A-2
Section 37-2A-2 Definitions. When used in this chapter, the following words have the following
meanings: (1) BASIC TELEPHONE SERVICE. Refers to a service that, as provided by an incumbent
local exchange carrier, may be through any technology and through any affiliate or service
arrangement and includes the functionalities described in 47 C.F.R. 54.101(a). (2) BROADBAND
SERVICE or BROADBAND ENABLED SERVICE. Any service that consists of or includes a high-speed
access capability to transmit at a rate that is not less than 200 kilobits per second either
in the upstream or downstream direction, and either of the following: a. Provides computer
processing, information storage, information content or protocol conversion, including any
service applications or information service provided over such high-speed access service.
b. Is used to provide access to the Internet. (3) BUNDLED OFFERING. A combination of retail
services offered as a package, whether at a single price or with the...
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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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13A-8-37.1
Section 13A-8-37.1 Ownership documentation required for purchase of certain property. (a) It
is unlawful for a secondary metals recycler to purchase the following property unless a copy
of verifiable documentation in addition to the signed statement required by subdivision (a)(6)
of Section 13A-8-31 is provided to the secondary metals recycler that the seller is the owner
of the property: (1) Catalytic convertors that are not part of an entire motor vehicle. (2)
Metal property of a telephone company, an electric company, a cable company, a water company,
another utility, or a railroad marked or otherwise identified as such. (3) Copper wire that
has been burned to remove the insulation, unless verifiable documentation is provided that
the source of the copper wire was in a building destroyed by fire. (4) A copper, aluminum,
or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating
or air conditioning unit, excluding scrap from window air...
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8-19A-11
Section 8-19A-11 Denial of license. (a) The division may deny licensure to any applicant who:
(1) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property, or any other crime involving moral
turpitude. Conviction includes a finding of guilt where adjudication has been withheld. (2)
Has had entered against him or her or any business for which he or she has worked or been
affiliated, an injunction, a temporary restraining order, or a final judgment or order, including
a stipulated judgment or order, an assurance of voluntary compliance, or any similar document,
in any civil or administrative action involving racketeering, fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property or the use of any untrue or misleading
representation in an attempt to sell or dispose of real or personal property or the use of
any unfair, unlawful, or deceptive trade practice. (3) Is subject to or...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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34-27-35
Section 34-27-35 License certificates generally. (a) The commission shall prescribe the form
and content of license certificates issued. Each qualifying broker's license certificate shall
show the name and business address of the broker. The license certificate of each active salesperson
or associate broker shall show his or her name and address. The license certificate of each
active salesperson or associate broker shall be delivered or mailed to his or her qualifying
broker. Each license certificate shall be kept by the qualifying broker and shall be publicly
displayed at the address which appears on the license certificate. (b) The commission may
establish a one-year or multi-year license period. (c)(1) The fee for a temporary license
shall be one hundred fifty dollars ($150). The original fee for a broker's license shall be
one hundred fifty dollars ($150) and, beginning with the license period effective October
1, 2002, the renewal fee for a broker's license shall be seventy-five...
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