Code of Alabama

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37-3-11
Section 37-3-11 Certificate of public convenience and necessity - Issuance generally. (a) Subject
to the provisions of Section 37-3-14 and to the provisions of subsection (b), a certificate
shall be issued to any qualified applicant therefor, authorizing the whole or any part of
the operations covered by the application, if it is found, after public hearing of the application,
that the applicant is fit, willing, and able to properly perform the service proposed and
to conform with the provisions of this chapter and requirements, rules, and regulations of
the commission thereunder, and that the proposed service, to the extent to be authorized by
the certificate is or will be required by the present or future public convenience and necessity;
otherwise, the application shall be denied. No certificate shall be issued to any common carrier
of passengers by motor vehicle for operations over other than a regular route or routes and
between fixed termini, except as the carriers may be...
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37-4-115
Section 37-4-115 Violations; injunctions against persons operating without license or certificate.
(a) Any person or the officer, agent or employee of any organization who willfully violates
any provision of this article or of any rule, regulation or order adopted thereunder, or who
willfully procures, aids or abets any violation of such a provision, shall be guilty of a
misdemeanor. (b) Any person who offers radio service on a for-hire basis to the public in
this state under such circumstances as would require a license by the federal communications
commission as a miscellaneous common carrier in the domestic public land mobile radio service,
without a certificate of public convenience and necessity, or after such certificate is cancelled,
may be enjoined by the courts of this state from operating within this state, at the suit
of the commission, or at the suit of a radio utility which competes with it, or of any person.
(Acts 1971, No. 1595, p. 2733, ยง16.)...
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37-3-19
not extinguished. (a) It shall be the duty of every common carrier of passengers by motor vehicle
to establish and provide safe and adequate service, equipment and facilities for the intrastate
transportation of passengers in the State of Alabama; to establish, observe and enforce just
and reasonable individual and joint rates, fares and charges and just and reasonable regulations
and practices resulting thereto, and to the issuance, form and substance of tickets and the
carrying of personal sample and excess baggage, the facilities for the transportation,
and all other matters relating to or connected with the intrastate transportation of passengers
in the State of Alabama; and, in case of such joint rates, fares and charges, to establish
just, reasonable and equitable divisions thereof as between the carriers participating therein,
which shall not unduly prefer or prejudice any such participating carriers. (b) It shall be
the duty of every common carrier of property by motor...
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37-3-4
promulgated by the Department of Revenue of the State of Alabama. (2) Motor vehicles owned
or operated by or on behalf of hotels and used exclusively for the transportation of hotel
patrons. (3) Motor vehicles owned and operated by the United States, this state or any county,
municipality, or other political subdivision of this state. (4) Motor vehicles controlled
and operated by any farmer while used in the transportation of agricultural commodities and
products thereof, whether for personal use or another farmer, or in the transportation
of supplies to or from the farm. (5) Motor vehicles controlled and operated by a bona fide
cooperative association as defined by the General Agricultural Marketing Act, approved June
15, 1929, as amended, or organized or existing under any state cooperative marketing act,
while used exclusively in the conduct of the business of the association. (6) Motor vehicles
while used exclusively in the transportation of newspapers and magazines and...
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37-3-7
Section 37-3-7 Powers and duties of commission generally. It shall be the duty of the commission:
(1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that
end, the commission may establish reasonable rules and requirements with respect to adequate
service, transportation of passengers, baggage, freight and express, uniform systems of accounts,
records and reports, preservation of records, qualifications and maximum hours of service
of employees and safety of operation and equipment. (2) To regulate contract carriers by motor
vehicle as provided in this chapter, and, to that end, the commission may establish reasonable
requirements with respect to uniform systems of accounts, records and reports, preservation
of records, qualifications and maximum hours of service of employees and safety of operation
and equipment. (3) To regulate brokers as provided in this chapter, and, to that end, the
commission may establish reasonable requirements with respect to...
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11-49B-7
subject to the provisions of Section 11-49B-19 specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil suits and actions and to defend suits against
it. (3) To adopt and make use of a corporate seal and to alter the seal 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 located in one or more counties
or municipalities and whether located within or outside the authorizing county. (6) To make,
enter into, and execute contracts, agreements, leases, and other instruments and to take other
actions as may be necessary or convenient to accomplish any purpose for which the authority
was organized or to exercise any power expressly granted under this chapter. (7) To plan,
establish, develop, acquire, purchase, lease, construct, reconstruct,...
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22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA,
pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations
the procedures for review of applications for certificates of need and for issuance of certificates
of need. Rules and regulations governing review procedures shall include, but not necessarily
be limited to, the following: (1) Agreement with other review agencies for review procedures
consistent with this article and federal regulations. (2) Application procedures and forms
of the application necessary to elicit and provide all necessary information as required by
the review criteria. (3) Establishment of a project review period of 90 days from the date
the state agency determines that the application is complete and notification thereof is made
to the applicant. The rules and regulations may provide for a period of not more than 15 days
for determination of the completeness of the application,...
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37-2A-4
Section 37-2A-4 Jurisdiction of the Public Service Commission. (a) Notwithstanding any provision
of law to the contrary, the commission shall not have any jurisdiction, right, power, authority,
or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly, the
rates, charges, classifications, provision, or any aspect of broadband service, broadband
enabled services, VoIP services, or information services. (b)(1) The commission may require
incumbent local exchange carriers to unbundle their networks, but the commission shall not
require the carriers to unbundle in a manner that exceeds in degree or differs in kind from
the unbundling requirements of the Federal Communications Commission. (2) Nothing in this
section shall be construed to: a. Affect any entity's obligations under 47 U.S.C. Sections
251 and 252 or a right granted to an entity by these sections. b. Affect any applicable wholesale
tariff. c. Grant, modify, or affect the authority of the commission to...
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45-49A-64.07
be perpetual, subject to Section 45-49A-64.19) specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil suits and actions and to defend suits 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 located in one or more counties
or municipalities and whether located within or outside the authorizing municipality. (6)
To make, enter into, and execute such contracts, agreements, leases, and other instruments
and to take other actions as may be necessary or convenient to accomplish any purpose for
which the authority was organized or to exercise any power expressly granted hereunder. (7)
To plan, establish, develop, acquire, purchase, lease, construct, reconstruct,...
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36-27-6
Section 36-27-6 Participation of employees of counties, cities, towns, public or quasi-public
organizations, etc. - Generally. (a) The governing board of any county, city, town or public
or quasi-public organization of the state or of any political subdivision thereof or the Alabama
Extension Service and Agricultural Experiment Station System of Auburn University may, by
resolution legally adopted to conform to rules prescribed by the Board of Control, elect to
have its officers and employees from whatever sources and in whatever manner paid become eligible
to participate in the retirement system; and the Adjutant General of the state, with the approval
of the Governor, may, by application properly prepared and submitted in conformity with rules
prescribed by the Board of Control, elect to have those employees of the Alabama National
Guard employed pursuant to 32 U.S.C.A., Section 709, and paid from federally appropriated
funds, become eligible to participate in this retirement system....
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