Code of Alabama

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37-4-1
Section 37-4-1 Definitions. Unless otherwise specified, when used in this article, these terms
shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission.
(2) COMMISSIONER. A member of the commission. (3) MUNICIPALITY. Any municipal corporation
organized under the laws of this state. (4) PERSON. Such term shall mean and include individuals,
associations of individuals, firms, partnerships, companies, corporations, municipalities,
governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever,
in the singular number as well as in the plural. (5) NONUTILITY. Any federal agency, instrumentality,
or corporation, owned by the United States, and any corporation or joint stock company in
which the United States or any of its departments, establishments, or agencies, owns more
than 50 percent of the voting shares of stock of such corporation or joint stock company.
(6) SECURITIES. Such term shall mean and include stock, stock...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
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37-9-30
Section 37-9-30 Reparation for excessive charges. When complaint has been made to the commission
concerning any rate, fare or charge for any service performed by any air carrier, and the
commission has found, after investigation, that the air carrier has charged an unreasonable,
excessive or discriminatory amount for such service, in violation of any of the provisions
of this chapter, the commission may order that the air carrier make due reparation to the
complainer therefor, with reasonable interest from the date of collection, provided no discrimination
will result for such reparation. Such complaint shall be filed with the commission within
two years from the time the cause of action accrues and not after; provided, that if a claim
based on an overcharge has been presented to the air carrier within the two-year period of
limitation, said period shall be extended to include six months from the time notice in writing
is given by the air carrier to the claimant of disallowance of the...
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37-2-19
Section 37-2-19 Reparation. (a) Where complaint has been made to the commission concerning
any rate or other charge of any transportation company and the commission has found, after
a hearing, that the transportation company has received an excessive or unjustly discriminatory
amount on account of such rate or charge, the commission may order that the transportation
company make due reparation to the complainant therefor, within a time to be designated in
said order, together with interest at the legal rate from the date of receipt of such excessive
or unjustly discriminatory amount. The commission shall also make and file in every case in
which reparation is ordered to be paid a full finding of the material facts upon which the
order is based. Reparation shall not be awarded in case of any rate which has been adjudged
to be just and reasonable and otherwise lawful by the commission after investigation had upon
due notice and hearing. (b) If the transportation company does not comply...
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37-2-10
Section 37-2-10 Filing and posting of tariffs. Every transportation company shall print and
cause to be filed with the commission, and keep open to public inspection, tariffs or schedules
of rates showing all rates, fares, charges, classifications, rules, regulations and practices
for transportation subject to this chapter between points on its own route and between points
on its own route and points on the route of any other such transportation company, when a
through route and joint rate shall have been established, and all services in connection therewith,
all privileges and facilities granted or allowed and all rules, regulations, or practices
affecting such rate, fare, charge or classification or the value of the service thereunder.
If no joint rate over the through route has been established, the several transportation companies
in such through route shall print and cause to be filed with the commission, and keep open
to public inspection, tariffs or schedules of rates showing...
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37-2-21
- When issued; contents; receipt for cotton in bales; common-law liability not affected. (a)
Every transportation company receiving property for transportation, originating and terminating
in this state, shall issue to the shipper a receipt or bill of lading therefor in which shall
be stated the class or classes of freight shipped and the rate to the point of destination
and aggregate charge made for the transportation and shall be liable to the lawful holder
thereof for any loss, damage or injury to such property negligently caused by it or
by any transportation company to which said property may be delivered, or over whose lines
such property may pass; and no contract, stipulation, receipt, rule or regulation contained
in said receipt or bill of lading, or otherwise, shall exempt such transportation company
from the liability hereby imposed; but nothing in this subsection shall deprive any holder
of such receipt or bill of lading of any remedy or right of action which he has under...
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37-3-12
Section 37-3-12 Certificate of public convenience and necessity - Scope of authority granted;
deviations; charter parties; transportation of newspapers, baggage or mail; abandonment or
discontinuance. (a) Any certificate issued under Sections 37-3-10 and 37-3-11 shall specify
the service to be rendered and the routes over which, the fixed termini, if any, between which,
and the intermediate and off-route points, if any, at which, and in case of operations not
over specified routes or between fixed termini, the territory within which the motor carrier
is authorized to operate; and there shall at the time of issuance and from time to time thereafter
be attached to the exercise of the privilege granted by the certificate such reasonable terms,
conditions and limitations as the public convenience and necessity may from time to time require,
including terms, conditions and limitations as to the extension of the route or routes of
the carrier, and such terms and conditions as are necessary...
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40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
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37-3-15
Section 37-3-15 Licensing and regulation of brokers. (a) No person shall for compensation sell
or offer for sale transportation subject to this chapter or shall make any contract, agreement
or arrangement to provide, procure, furnish or arrange for such transportation or shall hold
himself or itself out by advertisement, solicitation or otherwise as one who sells, provides,
procures, contracts or arranges for such transportation, unless such person holds a broker's
license issued by the commission to engage in such transactions; provided, that no such person
shall engage in transportation subject to this chapter unless he holds a certificate or permit
as provided in this chapter. In the execution of any contract agreement or arrangement to
sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful for
such person to employ any carrier by motor vehicle who or which is not the lawful holder of
an effective certificate or permit issued as provided in this...
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