37-4-96
Section 37-4-96 Penalties. (a) Any person who violates any provision of this article or any
regulation issued hereunder shall be subject to a civil penalty not to exceed two hundred
thousand dollars ($200,000) for each violation for each day that the violation persists. However,
the maximum civil penalty shall not exceed two million dollars ($2,000,000) for any related
series of violations. (b) In determining the amount of the penalty, the appropriateness of
the penalty to the size of the business of the person charged, the gravity of the violation,
and the good faith of the person charged in attempting to achieve compliance, after notification
of a violation, shall be considered. The amount of the penalty, when finally determined, or
the amount agreed upon in compromise, may be deducted from any sums owing by the State of
Alabama to the person charged, or may be recovered in a civil action brought by the commission
in the circuit court of any county in which a violation exists. (Acts...
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45-49-151.40
Section 45-49-151.40 Limitations on construction or operation of racetrack in county. (a) The
Mobile County Commission shall not license the construction or operation of any racetrack,
for any purpose, in an area of the county that has five or more residences within 1,000 yards
of the location for the racetrack. (b) No person shall construct or operate a racetrack, for
any purpose, in any area of the county within 1,000 yards of the location of the residence.
Any person who violates this section shall be guilty of a public nuisance. (c)(1) This section
shall be enforced by the Mobile County Commission. (2) The Mobile County Commission may commence
a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile
County, Alabama, to abate or enjoin any violation of this section. In any action pursuant
to this subdivision, the Circuit Court of Mobile County, Alabama, is authorized to assess
all costs of abating a public nuisance declared by this section, including...
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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing. (a)
Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17), 25-8-36,
25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand dollars
($1,000) to five thousand dollars ($5,000) upon the following...
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45-35-232.29
Section 45-35-232.29 Revocation of release - Violation of condition of release. (a) A person
who has been conditionally released pursuant to this subpart and who has violated a condition
of release, shall be subject to revocation of release and, in addition, may be prosecuted
for contempt of court. (b) A proceeding for revocation of release may be initiated upon notice
to the district attorney by the warrant magistrate, assistant warrant magistrate, or any other
person responsible for administering this subpart. A warrant for the arrest of a person charged
with violating a condition of release may be issued by an officer authorized to issue warrants,
on the affidavit of a person responsible for administering this subpart. The person arrested
under a warrant shall be brought before a judicial officer in the county. An order of revocation
shall not be entered unless, after hearing, the judicial officer finds that there is clear
and convincing evidence that the person has violated a...
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45-49-151.41
Section 45-49-151.41 Limitation on construction or operation of racetrack outside Prichard
and Saraland. (a) This section relates only to Mobile County and only to lands located outside
of the municipalities of Prichard and Saraland. (b) The Mobile County Commission shall not
license the construction or operation of any racetrack, for any purpose, on lands located
outside of the municipalities of Prichard and Saraland that has five or more residences within
1,000 yards of the location for the race track. (c) No person shall construct or operate a
racetrack, for any purpose, on lands located outside of the municipalities of Prichard and
Saraland that has five or more residences within 1,000 yards of the location for the racetrack.
Any person who violates this section shall be guilty of a public nuisance. (d) This section
shall be enforced by the Mobile County Commission. (e) The Mobile County Commission may commence
a civil action in the name of the Mobile County Commission in the...
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8-22-16
Section 8-22-16 Penalties. (a) Any person who violates this chapter shall be subject to a civil
penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such
person shall also be liable for attorney fees and shall be subject to injunctive relief. Each
day that a violation of this chapter occurs shall be considered as a separate violation. (b)
The penalty may be assessed and recovered in a civil action brought by the Attorney General,
or by any district attorney in any court of competent jurisdiction. If brought by a district
attorney, 30 percent of the penalty shall be paid to the office of the district attorney which
brought the action and 70 percent of the penalty shall be paid to the treasury of the county
in which the judgment was entered. If brought by the Attorney General, one-half of the penalty
shall be paid to the treasury of the county where the action was brought and one-half shall
be paid to the State Treasury. (Acts 1984, No. 84-260, p. 433,...
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8-7A-17
Section 8-7A-17 Orders to cease and desist and other injunctive or civil relief. (a) If the
commission determines that any person has engaged in or is about to engage in any act or practice
constituting a violation of this chapter or a rule adopted or an order issued under this chapter,
the commission, in its discretion, may do any of the following: (1) Issue an order, with or
without a prior hearing or notice, against the person or persons engaged in the act or practice,
directing them to cease and desist from engaging in the act or practice. (2) Issue an order
appointing a receiver or conservator over a respondent or the respondent's assets. (3) Order
restitution or disgorgement against any person who has violated this chapter or any rule adopted
or order issued pursuant to this chapter. (4) Bring an action in any court of competent jurisdiction
to enjoin an act or practice and to enforce compliance with this chapter or any rule adopted
or order issued hereunder. Upon a proper...
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11-67-92
Section 11-67-92 Notice. (a) Whenever in the opinion of the city official or any other city
employee designated by the city manager, a nuisance exists, the official shall order the owner
of the property on which the nuisance is located to abate the condition. (b) The enforcing
official shall give the owner written notice in person or by first class mail. The notice
shall apprise the owner of the facts of the alleged nuisance and require the condition be
abated within the time stated in the notice or to request a hearing before an administrative
official of the city designated by the city manager, to determine whether there has been a
violation. (c) The notice shall be sent to that person shown by the records of the county
to have been the last person assessed for payment of ad valorem tax on the property where
the nuisance is situated. It shall be the responsibility of that person to promptly advise
the enforcing official of a change of ownership or interest in the property. (d) 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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8-17-249
Section 8-17-249 Suspension or revocation of certification or license for certain actions.
(a) The office may suspend or revoke the certification or license of any person issued under
this article who is found guilty of any fraud or deceit in obtaining a certification or license,
or gross negligence, incompetence, or gross misconduct in the conduct of blasting activities.
The office may file charges of fraud, deceit, negligence, incompetence, or misconduct against
any licensed person or firm. The charges shall be made in writing and the charged party shall
have at least 10 days notice of the date of a formal hearing. A time and place for the hearing
shall be fixed by the office, and a copy of the charges, along with the notice of time and
place of hearing, shall be legally served on the person at least 10 days prior to the date
of the hearing. At the hearing, the accused shall have the right to produce evidence or witnesses
in his or her defense. If, after the hearing, the State Fire...
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