Code of Alabama

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38-2-4
Section 38-2-4 Legal counsel for department. The commissioner, with the approval of the Attorney
General, shall be authorized, subject to the provisions of the state merit system law, to
appoint a legal counsel for the State Department of Human Resources. He shall be commissioned
as assistant attorney general and shall have the authority and duties of an assistant attorney
general but he shall devote his entire time to the business of the Department of Human Resources.
The compensation for the said legal counsel shall be paid out of funds appropriated to the
State Department of Human Resources and in the same manner as the compensation of other employees
is paid. (Acts 1953, No. 19, p. 24.)...
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23-1-26
Section 23-1-26 Legal division - Appointment of assistant counsel; chief and assistant counsel
to be commissioned and take oath as assistant attorneys general. The Director of Transportation,
with the approval of the Attorney General and subject to the state Merit System law, may appoint
assistant counsel as may be necessary to transact the legal business of the Department of
Transportation. The chief counsel and the assistant counsel shall each be commissioned as
assistant attorneys general. The chief counsel and the assistant counsel and their stenographic
and clerical assistants shall constitute the legal division of the Department of Transportation.
The director shall consider the racial, gender, geographic, urban/rural, and economic diversity
of the state when appointing assistant counsel. (Acts 1963, No. 581, p. 1267, §2; Act 2015-437,
§1.)...
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2-2-12
Section 2-2-12 Legal counsel for department. The Commissioner of Agriculture and Industries,
with the approval of the Attorney General, shall be authorized, subject to the provisions
of the state Merit System law, to appoint a legal counsel for the state Department of Agriculture
and Industries. He shall be commissioned as an assistant attorney general and shall have the
authority and duties of an assistant attorney general, but he shall devote his entire time
to the business of the Department of Agriculture and Industries. The compensation for the
said legal counsel shall be paid out of funds appropriated to the state Department of Agriculture
and Industries and in the same manner as the compensation of other employees is paid. (Acts
1953, No. 640, p. 899.)...
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40-2-61
Section 40-2-61 Appointment; term of office; qualifications; powers and duties of Assistant
Attorney General; oath. The Commissioner of Revenue shall, with the approval of the Attorney
General, appoint a competent attorney as legal counsel for the Department of Revenue, who
shall hold office at the pleasure of the Governor. Such legal counsel shall be at least 30
years of age, of good moral and ethical character, learned in the law, and experienced in
the legal phases of taxation. Such legal counsel shall be commissioned as an Assistant Attorney
General and shall, in addition to the powers and duties herein conferred, have the authority
and duties of an Assistant Attorney General; except, that his entire time shall be devoted
to the Department of Revenue. He shall take the oath required of other assistant attorneys
general. (Acts 1939, No. 10, p. 5; Code 1940, T. 51, §120.)...
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44-1-23
Section 44-1-23 Legal counsel. The state youth services director shall be authorized, subject
to the provisions of the state merit system law, to appoint legal counsel for the department.
Such counsel shall be commissioned as assistant attorney generals; except, that they shall
devote their entire time to the business of the department. Salaries for such counsel will
be paid by the department. (Acts 1973, No. 816, p. 1261, §16.)...
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40-2-64
Section 40-2-64 Assistant counsel. The Commissioner of Revenue, with the approval of the Attorney
General, shall be authorized, subject to the provisions of the Merit System law, to appoint
not more than 15 assistant counsel as may be necessary to transact the legal business of the
Department of Revenue. Each such assistant counsel shall be at least 25 years of age, shall
have the other qualifications and duties of the legal counsel, shall be commissioned as an
Assistant Attorney General and take the oath required of other assistant attorneys general,
and shall have the authority and duties of an Assistant Attorney General. (Acts 1939, No.
10, p. 5; Code 1940, T. 51, §122; Acts 1947, No. 405, p. 293; Acts 1957, No. 500, p. 688;
Acts 1965, 2nd Ex. Sess., No. 59, p. 85; Acts 1992, No. 92-186, p. 349, §21.)...
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38-10-7.1
Section 38-10-7.1 Scope of representation of district attorney or appointed attorney in support
enforcement action. Any district attorney or attorney approved or appointed by the Attorney
General initiating legal proceedings at the request of the Department of Human Resources to
establish or enforce child support, spousal support, medical support, and/or any other support
services pursuant to the provisions of Title IV-D of the Social Security Act and the laws
of this state shall represent the State of Alabama, Department of Human Resources, exclusively
in said proceedings. No attorney-client relationship shall exist between the IV-D attorney
and any applicant or recipient of the agency's support enforcement services, without regard
to the style of the case in which legal proceedings are initiated. Said attorney representing
the state in an IV-D case is only authorized to appear and prosecute and/or defend issues
of support and cannot in an IV-D case address or provide representation...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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40-2-65
Section 40-2-65 To devote entire time to department; duties generally. The legal counsel and
assistant counsel shall devote all their time to the Department of Revenue and shall not,
during their incumbency in office, engage in the private practice of law. Such legal counsel
shall confer with and advise the Commissioner of Revenue on matters relating to taxation.
He shall furnish either verbal or written opinions when requested by the commissioner on questions
relating to taxation and to tax laws, but such opinions shall not have the force and effect
of official opinions of the Attorney General unless approved by the Attorney General. Such
legal counsel shall appear for the state in all matters, in litigation of the state involving
taxation, both civil and criminal, when authorized to do so by the commissioner and the Attorney
General. (Acts 1939, No. 10, p. 5; Code 1940, T. 51, §123.)...
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41-16-72
Section 41-16-72 Procurement of professional services. Any other provision of law notwithstanding,
the procurement of professional services by any agency, department, board, bureau, commission,
authority, public corporation, or instrumentality of the State of Alabama shall be conducted
through the following selection process: (1)a. Except as otherwise provided herein, attorneys
retained to represent the state in litigation shall be appointed by the Attorney General in
consultation with the Governor from a listing of attorneys maintained by the Attorney General.
All attorneys interested in representing the State of Alabama may apply and shall be included
on the listing. The selection of the attorney or law firm shall be based upon the level of
skill, experience, and expertise required in the litigation and the fees charged by the attorney
or law firm shall be taken into consideration so that the State of Alabama receives the best
representation for the funds paid. Fees shall be...
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