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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative
office or unit of the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
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37-2-14
Section 37-2-14 Temporary or emergency rates. (a) The commission, when deemed by it necessary
to prevent injury to business, or in the interest of the people of this state, in consequence
of any interstate rate wars, or inequality of interstate rates, or in case of any other emergency,
to be judged by the commission, may temporarily alter, amend, or suspend, except as otherwise
provided by law, any existing passenger rates, freight rates, schedules, and orders, on any
railroad or part of railroad in this state, and such rates made by the commission shall apply
on one or more of the railroads of this state, or any portion thereof, as may be directed
by the commission, and shall take effect at such time and remain in force for such length
of time as may be prescribed by the commission. (b) When circumstances require a reduction
in any rate or rates on less than statutory notice in order to permit an emergency to be met,
the Public Service Commission, or, if the commission is not in...
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22-14-11
Section 22-14-11 Administrative action and judicial review. (a) In any proceeding under this
article: (1) For the issuance or modification of rules and regulations relating to control
or sources of ionizing radiation; (2) For granting, suspending, revoking or amending any license;
or (3) For determining compliance with rules and regulations of the agency, the agency shall
afford an opportunity for a hearing on the record upon the request of any person whose interest
may be affected by the proceeding and shall admit any such person as a party to such proceeding.
(b) Whenever the agency finds that an emergency exists requiring immediate action to protect
the public health and safety, the agency may, without notice or hearing, issue a regulation
or order reciting the existence of such emergency and requiring that such action be taken
as is necessary to meet the emergency. Notwithstanding any provision of this article, such
regulation or order shall be effective immediately. Any person to...
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33-1-26
Section 33-1-26 Power of port authority to fix charges for use of state facilities; charges
for use of private facilities. In order to enable the port authority to earn funds to pay
operating expenses and interest on the bonds and to create a sinking fund for the retirement
of the bonds, the port authority shall have the right and power to fix from time to time reasonable
rates of charges for all services and for the use of all improvements and facilities provided
under the authority of this chapter; and schedules of all rates so fixed shall be filed with
the State Public Service Commission within seven days after the fixing thereof. All private
concerns, corporations or individuals operating similar facilities at Alabama seaports must
make and collect charges which shall be not less than the charges so fixed by the department
for the use of the state's facilities. (Acts 1923, No. 303, p. 330, §12; Code 1923, §2558;
Acts 1927, No. 1, p. 1, §13; Code 1940, T. 38, §34.)...
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37-1-80
Section 37-1-80 Rates to be just and reasonable; right of utility to earn fair net return;
alternative methods of regulation. (a) The rates and charges for the services rendered and
required shall be reasonable and just to both the utility and the public. Every utility shall
be entitled to such just and reasonable rates as will enable it at all times to fully perform
its duties to the public and will, under honest, efficient and economical management, earn
a fair net return on the reasonable value of its property devoted to the public service. For
the purpose of fixing rates, such reasonable value of a public utility's property shall be
deemed to be the original cost thereof, less the accrued depreciation, as of the most recent
date available. In any determination of the commission as to what constitutes such a fair
return, the commission shall give due consideration among other things to the requirements
of the business with respect to the utility under consideration, and the...
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37-1-83
Section 37-1-83 Investigation of unfair rates or inadequate service; who may file complaints;
continuance. Upon a complaint in writing made against any utility by any mercantile, agricultural
or manufacturing society, or by any body politic or municipal organization, or by any affected
person, that any rate, service regulation, classification, practice or service in effect or
proposed to be made effective is in any respect unfair, unreasonable, unjust or inadequate,
or unjustly discriminatory, or unduly preferential, or constitutes unfair competition, or
that the service is inadequate or cannot be obtained, the commission shall proceed, and without
such complaint, the commission, whenever it deems that the public interest so requires, may
proceed, after notice as provided in this division, to make such investigation as it may deem
necessary or appropriate; but no order affecting such rates, service regulation, classification,
practice, or service complained of shall be entered by the...
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41-22-27
Section 41-22-27 Effective date of chapter; validity, review, etc., of existing rules; disposition
of certain cases and proceedings. (a) This chapter shall take effect at 12:01 a.m., October
1, 1982; provided, however, that Section 41-22-22 shall take effect October 1, 1981. In order
that the Legislative Reference Service may appoint and hire an aide to receive the rules and
in order to promulgate the Alabama Administrative Code and the Alabama Administrative Monthly
as soon as possible, subsections (a) and (b) of Section 41-22-6 and subsections (a) through
(e) of Section 41-22-7 shall also become effective October 1, 1981. It shall be the duty of
all agencies in existence on the passage of this chapter and all agencies created thereafter
to cooperate with the office of the Legislative Services Agency, Legal Division, in compiling
the Alabama Administrative Code and the Alabama Administrative Monthly by submitting to the
committee all rules now and hereafter in effect, and all proposed...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-32-7.htm - 14K - Match Info - Similar pages
37-4-7
Section 37-4-7 Application to issue securities or assume obligations - When required; order
of commission. No utility shall issue any securities, or assume any obligation or liability,
as lessor, lessee, guarantor, endorser, surety or otherwise, in respect to the securities
of any other person unless and until, and then only to the extent that, upon application by
the utility, and after investigation by the commission of the purposes and uses of the proposed
issue, and the proceeds thereof, or of the proposed assumption of obligation or liability
in respect of the securities of any other person, the commission by order authorizes such
issue or assumption. The commission shall make such order only if it finds that such issue
or assumption is for some lawful object within the corporate purposes of the utility, is compatible
with the public interest, is necessary or appropriate for or consistent with the proper performance
by the utility of its service to the public as such utility and...
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37-5-2
Section 37-5-2 Creation; alteration; consolidation; dissolution. A municipal power district
may be created as provided in this chapter and, when so created, shall be considered a municipal
corporation and may exercise the powers granted in this chapter. The governing body of every
municipality proposed to be included in a district shall pass a resolution declaring that
the public interest or necessity demands the creation and maintenance of a municipal power
district, describing the territory to be included in the proposed district, and file a certified
copy thereof in duplicate with the commission. Upon receipt of the resolutions, the commission
shall make an investigation of the propriety of creating the proposed district, of the character
of utility feasible and economically desirable for the district and of the territory to be
served. After investigation, the commission shall issue an order approving or disapproving
the creation of the district and, if it approves, determining the...
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