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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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36-19-43
Section 36-19-43 Insurer or agents not liable for compliance with division; confidentiality;
testimony; violations. (a) In the absence of fraud or malice, no insurer, or person who furnishes
information on its behalf, shall be liable for damages in a civil action or subject to criminal
prosecution for any oral or written statement made or any other action taken that is necessary
to supply information required by this article. (b) The officials and departmental and agency
personnel receiving any information furnished pursuant to this article shall hold the information
in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(c) Any official referred to in Section 36-19-41 may be required to testify as to any information
in his possession regarding the fire loss of real or personal property in any civil action
in which any person seeks recovery under a policy against an insurance company for the fire
loss. (d) No person shall purposely refuse...
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41-4-36
Section 41-4-36 Inspection and production of books, records, accounts, etc.; examination of
witnesses. The Director of Finance and any authorized officer or employee of the Department
of Finance shall, in the performance of his official duties, for the purpose of examination,
have access to, and the right to copy from, any book, record, account, document, receipt or
paper of any of the departments, boards, bureaus, commissions, agencies, offices or institutions
of the state or of any of the counties, municipal corporations, political subdivisions or
public bodies in the state or of the officers or employees thereof, in such manner as may
be reasonable and at reasonable times. The Director of Finance or any officer or employee
of the Department of Finance designated by the director, in the performance of his official
duties, shall have the power to administer oaths, certify to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, compel the attendance of...
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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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34-12-35
Section 34-12-35 Powers generally. The board shall have the power to make all bylaws and rules,
not inconsistent with the constitution and laws of this state, which may be reasonably necessary
for the proper performance of its duties and the regulations of the proceedings before the
board. Notwithstanding any other provision of law, following appropriate review by the Contract
Review Permanent Legislative Oversight Committee, the board may enter into any contract or
agreement relating to the board without further approval. The board shall adopt and have an
official seal. In carrying into effect the provisions of this chapter, the board may, under
the hand of its chairman 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...
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34-27-37
Section 34-27-37 Disciplinary action - Procedure in action. (a) An action against an accused
shall begin by serving the accused either personally or by certified mail with a copy of the
formal complaint against him or her. The accused shall be given at least 15 days' notice of
the time, date, and place of hearing. If the commission refuses to license an applicant, notice
of the refusal shall be given to the applicant, and he or she may, within 15 days after delivery
of the notice, file a request for a hearing. The applicant or accused shall have an opportunity
to be heard in person or by counsel, to offer testimony in his or her behalf, and to examine
witnesses. Hearings shall be held in Montgomery County unless the commission decides to hold
the hearing in the county in which the applicant or accused resides, maintains his or her
principal place of business, or any other county in which the commission has scheduled a meeting.
At hearings, all witnesses shall be sworn by a member of...
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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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37-1-86
Section 37-1-86 Notice and process. (a) Before proceeding to make such investigation, the commission
shall give the utility and the complainant at least 10 days' notice of the time and place
when and where such matters will be considered and determined, and all parties shall be entitled
to be heard, through themselves or their counsel, and shall have process to enforce the attendance
of witnesses. (b) Whenever the commission shall make any order or determination, or issue
any subpoena, notice or writ, notice thereof may be served on the person affected thereby
by delivering a copy of such order, subpoena, notice or writ, signed by or in the name of
the chairman of the commission, to any such person or an officer or agent of such person,
if a corporation, as in the case of civil process, which service may be executed by any member
of the commission, the secretary or any employee thereof, or by any sheriff of the state,
and a copy of such order, subpoena, notice or writ, with the service...
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37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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