Code of Alabama

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11-93-1
Section 11-93-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings ascribed to them by this section: (1) GOVERNMENTAL ENTITY. Any incorporated municipality,
any county, and any department, agency, board, or commission of any municipality or county,
municipal or county public corporations, and any such instrumentality or instrumentalities
acting jointly. "Governmental entity" shall also include county public school boards,
municipal public school boards and city-county school boards when such boards do not operate
as functions of the State of Alabama. "Governmental entity" shall also mean county
or city hospital boards when such boards are instrumentalities of the municipality or county
or organized pursuant to authority from a municipality or county. (2) EMPLOYEE. An officer,
official, employee, or servant of a governmental entity, including elected or appointed officials,
and persons acting on behalf of any governmental entity in any official...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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34-8A-18
Section 34-8A-18 Penalties; review; disciplinary oversight of licensees; legal counsel. (a)
In addition to any other powers and functions which may be conferred upon it by law, the board
may issue an order assessing a civil penalty not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) against any person who holds himself or herself
out to the public as a licensed professional counselor or associate licensed counselor or
who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2,
or who shall engage in the private practice of counseling and does not then possess in full
force and virtue a valid license to engage in private practice as a licensed professional
counselor or associate licensed counselor under this chapter. (b) In determining the amount
of any penalty, the board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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40-12-398
Section 40-12-398 Bond prerequisite to issuance of license. Before any master dealer license
may be issued to a new motor vehicle dealer, used motor vehicle dealer, motor vehicle rebuilder,
or motor vehicle wholesaler, the applicant shall deliver to the commissioner a good and sufficient
surety bond, executed by the applicant as principal and by a corporate surety company qualified
to do business in the state as surety, in the sum of not less than fifty thousand dollars
($50,000) or an amount as prescribed by the department. Such bond shall be in a form to be
approved by the commissioner, and shall be conditioned that the motor vehicle dealer, motor
vehicle rebuilder, or motor vehicle wholesaler shall comply with the conditions of any contract
made by such dealer in connection with the sale or exchange of any motor vehicle and shall
not violate any of the provisions of law relating to the conduct of the business for which
he or she is licensed. Such bond shall be payable to the...
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45-10-170.44
Section 45-10-170.44 Violations. (a) Any violation of this subpart shall constitute a public
nuisance subject to a civil fine of fifty dollars ($50) per day not to exceed three thousand
dollars ($3,000) to be assessed by the county commission. Any person assessed a fine pursuant
to this section may pay the fine to the county commission or request, within 30 days of receipt
of the citation, a due process hearing before the county commission or a hearing officer appointed
by the county commission on the validity of the citation. An order of the county commission
or its hearing officer finding a violation and an assessment of a civil fine shall be final
within 30 days thereof unless appealed to the Circuit Court of Cherokee County based upon
the record of the due process hearing. Any fine due and owing shall be considered a debt owed
to the county commission and shall be enforceable by civil action in the same manner as any
other debt. The person or entity owing the fine shall be liable...
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45-35A-51.26
Section 45-35A-51.26 Certification of payrolls. (a) It shall be unlawful for any city official,
employee, or other officer to pay or cause to be paid any salary or compensation to any person
in the classified service of the city, for personal services, unless the payroll estimate,
voucher, or account, for such compensation, containing the name of the persons to be paid,
shall bear the certification of such persons' department head or appointing authority that
the person or persons named therein are employees of the city and are legally entitled to
receive the sums stated therein and such payroll or voucher must be approved by the director.
(b) Any sum paid in violation of this part or the rules and regulations adopted thereunder
may be recovered, in any action maintained in the name of the city, by the city attorney,
or by any citizen or taxpayer of the city, from the officer who made, authorized, or approved
such payment or who signed or countersigned any voucher, payroll, check, or...
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6-12A-6
Section 6-12A-6 Penalties; unlawful practices. (a) Revocation of stamping privileges and civil
penalty. In addition to or in lieu of any other civil or criminal remedy provided by law,
upon a determination that a wholesaler, distributor, or any person has violated subsection
(c) of Section 6-12A-3, or any regulation adopted pursuant thereto, the commissioner may revoke
or suspend the stamping privileges of any stamping agent in the manner provided by Section
40-2A-8. Each stamp affixed and each offer to sell cigarettes in violation of subsection (c)
of Section 6-12A-3 shall constitute a separate violation. For each violation thereof, the
commissioner may also impose a civil penalty in an amount not to exceed the greater of 500
percent of the retail value of the cigarettes sold or five thousand dollars ($5,000) upon
a determination of violation of subsection (c) of Section 6-12A-3 or any regulations adopted
pursuant thereto. (b) Contraband and seizure. Any cigarettes that have been...
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6-5-773
Section 6-5-773 Relation to free speech; fair use; resale of lawfully-obtained products; commencement
of action. (a) Nothing in this article will allow for an abridgement of free speech rights
under the First Amendment of the United States Constitution and Section 4 of the Constitution
of Alabama of 1901. (b) It is a fair use and not a violation of Section 6-5-772 if the use
of the indicia of identity is in connection with a news, public affairs, or public interest
account, political speech or a political campaign, live or prerecorded broadcast or streaming
of a sporting event or photos, clips, or highlights included in broadcasts or streaming of
sports news or talk shows, or documentaries, or any advertising or promotion of the same (public
interest work), or is part of an artistic or expressive work, such as a live performance,
work of art, literary work, theatrical work, musical work, audiovisual work, motion picture,
film, television program, radio program or the like (artistic...
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5-18-4
Section 5-18-4 License - Required; exemptions; penalties for violation of section. (a) License
required. No person shall engage in the business of lending in amounts of less than one thousand
five hundred dollars ($1,500) and contract for, exact or receive, directly or indirectly,
on or in connection with any such loan, any charges whether for interest, insurance, compensation,
consideration, or expense, which in the aggregate are greater than the interest that the lender
would be permitted by law to charge for a loan of money if he or she were not a licensee under
this chapter, except as provided in and authorized by this chapter and without first having
obtained a license from the supervisor. For the purpose of this section, a loan shall be deemed
to be in the amount of less than one thousand five hundred dollars ($1,500) if the net amount
or value advanced to or on behalf of the borrower, after deducting all payments for interest,
expenses, and charges of any nature taken...
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