36-26-9
Section 36-26-9 Promulgation, etc., of rules for implementation of provisions of article. The
director shall recommend such rules as he may consider necessary, appropriate or desirable
to carry out the provisions of this article and may from time to time recommend amendments
thereto. When such rules or amendments are recommended by the director, the board shall hold
a public hearing thereon and shall have power to approve or reject the recommendations of
the director wholly or in part or to modify them and approve them as so modified. Rules or
amendments thereto which are approved by the board or on which the board takes no action within
30 days after they are recommended by the director shall be submitted to the Governor by the
director, who shall have power to approve or reject them. Such rules or amendments thereto
shall become effective when approved by the Governor or on the tenth day after they are submitted
to him if prior thereto he shall not have rejected them. Rules adopted...
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37-1-135
Section 37-1-135 Action on bond for damages resulting from suspension of rates or orders. Any
person, firm, company, or corporation who shall sustain any loss, injury or damage by reason
of the suspension of the rates or orders, or any of them, as aforesaid, may bring a civil
action on the bonds in the name of the State of Alabama, for his use, and recover such damages
as he may have so sustained, including any overcharge or excess rate or charge paid by him,
on account of the suspension of the rates, charges, or orders. A copy of the bond, duly certified
by the secretary or chief clerk or any member of the Public Service Commission under the seal
of the commission, shall be received in evidence without further proof. (Code 1907, §5697;
Code 1923, §9689; Code 1940, T. 48, §93.)...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time (which may be perpetuity, subject to the provisions of Section
11-89-17) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, except as otherwise provided in this chapter, and to defend civil actions
against it; (3) To adopt and make use of a corporate seal and to alter the same at pleasure;
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether...
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15-5-40
Section 15-5-40 stored wire and electronic communications and transactional records access;
pen registers and trap and trace devices. (a) The definitions, prohibitions, authorizations,
and procedures regarding access to stored wire and electronic communications and transactional
records and the installation or use of pen registers or trap and trace devices shall be adopted
and coextensive with the provisions of the federal law defined at Chapters 121 and 206 of
Title 18, United States Code, Sections 2701-2712 and 3121-3127, and as those provisions may
hereafter be amended. (b) Emergency pen registers and trap and trace devices may be installed
pursuant to the provisions of the federal law defined in Title 18, United States Code, Section
3125, as it may hereafter be amended, provided the investigative or law enforcement officer
declaring the emergency has been specially authorized and designated in writing by the Attorney
General, district attorney, or city attorney, if authorized to...
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36-26-26
Section 36-26-26 Layoffs; furloughs. (a) In accordance with the rules, an appointing authority
may lay off an employee in the classified service whenever he or she deems it necessary by
reason of shortage of work or funds or the abolition of a position or other material change
in duties or organization. The seniority and service ratings of employees shall be considered,
in such manner as the rules shall provide, among the factors in determining the order of layoffs.
The appointing authority shall give written notice to the director of every proposed layoff
a reasonable time before the effective date thereof, and the director shall make such orders
relating thereto as he or she considers necessary to secure compliance with the rules. The
name of every regular employee so laid off shall be placed on the appropriate reemployment
list. (b) In addition to any rights currently provided to state employees, any permanent state
employee who is laid off from a position under the state Merit...
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37-4-6
Section 37-4-6 Payment of dividends. (a) No utility engaged in intrastate business in this
state shall pay any dividend upon its common stock until: The utility's earnings and earned
surplus are sufficient to declare and pay same after provision is made for reasonable and
proper reserves. The dividend then proposed to be paid upon such common stock can reasonably
be declared and paid without impairment of the ability of the utility to perform its duty
to render reasonable and adequate service at reasonable rates. If any common stock dividends
are proposed to be declared and paid other than as above provided, the utility shall give
the commission at least 30 days' notice in writing of its intention to so declare and pay
such dividends. (b) If at any time the commission shall find that the capital of any utility
is impaired, the commission may, after due notice, investigation and hearing, issue an order
directing such utility to cease paying dividends on its common stock until reasonable...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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9-2-9
Section 9-2-9 Commissioner of Conservation and Natural Resources - Powers and duties as to
state parks, etc., generally. The Commissioner of Conservation and Natural Resources, acting
through the Division of Parks, shall have the following powers and authorities: (1) To acquire
in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or
otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained
as a part of the state park system and to accept in his discretion, in fee or otherwise, land
donated, entrusted, conveyed or devised to the state for like purposes and with like discretion
to accept gifts, contributions or bequests of money or other personal property of value to
be used or expended for the benefit of the state park system; (2) To contract and make cooperative
agreements with the federal government and with states, counties, municipalities, corporations,
associations or individuals for the purpose of...
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