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13A-9-76
Section 13A-9-76 Enforcement of provisions by injunction, cancellation of registration, etc.;
civil penalties. (a) In addition to any other remedy under this article, the Attorney General
of the State of Alabama, the district attorneys of the respective counties of the State of
Alabama, or an affected charitable organization may bring an action against a charitable organization,
professional fund raiser, professional solicitor, or commercial co-venturer, and any other
persons acting for or on their behalf to enjoin the charitable organization and other persons
from continuing the solicitation or collection of funds or property or engaging therein or
doing any acts in furtherance thereof; and to cancel any registration statement previously
filed with the Attorney General whenever the Attorney General or a district attorney shall
have reason to believe that the charitable organization is acting in the following manner:
(1) Operating in violation of the provisions of this article. (2)...
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2-11-40
Section 2-11-40 Penalty for violations of provisions of article for which no civil penalty
provided. Any person who violates any provision of this article for which no other civil penalty
is provided by this article shall, upon conviction, be subject to a fine of not more than
$500.00; provided, that no person shall be subject to penalties under this section for receiving
for transportation any article in violation of this article if such receipt was made in good
faith, unless such person refuses to furnish, on request of a representative of the commissioner,
the name and address of the person from whom he received such article and copies of all documents,
if any there be, pertaining to the delivery of the article to him. (Acts 1975, No. 1191, p.
2333, §7.)...
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9-15-81
Section 9-15-81 Criminal and civil actions and penalties for violations of article. Any sale
or lease of real property or any interest therein of the state made in violation of this article
shall be null and void, and the person or persons violating this article shall be subject
to criminal prosecution by the Attorney General. In addition to the prosecution, damages for
loss or injury to the state may be recovered for the State of Alabama by the Attorney General
by civil action in the Circuit Court of Montgomery County. The expenses of investigation,
or litigation and prosecution, or both, under this article shall be reimbursed from funds
recovered to the Attorney General. All other moneys recovered by the Attorney General shall
be deposited in the State General Fund. Violation of this article shall also constitute a
Class C felony punishable as prescribed by law. (Acts 1995, No. 95-280, p. 507, §12.)...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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13A-6-162
Section 13A-6-162 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person, corporation,
or other legal entity who engages in any act or practice that violates this article is liable
for a civil penalty of up to fifty thousand dollars ($50,000) for each violation. (b) Any
person, corporation, or other legal entity who violates the terms of an injunction or order
issued under this article shall forfeit and pay a civil penalty of not more than seventy-five
thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose
of this section, any court issuing an injunction or order under this article shall retain
jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.
(c) Upon a second or continuing violation of an injunction after imposition of the sanctions
in subsection (b), and upon petition by the Attorney General,...
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23-2-170
Section 23-2-170 Civil liability for toll violations. (a) The authority, department, private
toll entity, or an agent or representative thereof may file a civil suit in the municipal
court of the city in which the violation has occurred or district court of the county in which
the violation occurred to collect the toll and all applicable fees after a citation has been
issued and the required time period for response has elapsed, without the payment of filing
fees. The action shall be governed by the Alabama Rules of Civil Procedure except as otherwise
set out in this article. (b) Actions brought pursuant to this article shall be commenced within
six years. (c) Imposition of liability pursuant to this section shall be based upon a preponderance
of evidence submitted. (d) Adjudication of liability shall not be made a part of the driving
record of the person upon whom liability is imposed, nor shall it be considered in any manner
for insurance purposes in the provision of motor vehicle...
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13A-8-198
Section 13A-8-198 Order to correct records. (a) Upon a conviction for any crime in violation
of this article or conviction of any other offense which the court finds involved identity
theft, and at the victim's request, the sentencing court shall issue any orders necessary
to correct any public or private record that contains false information as a result of a criminal
violation of this article. Any order shall be under seal and may be released only as prescribed
by this section. The order shall include the following information: (1) Information about
financial accounts affected by the crime, including, but not limited to, the name of the financial
institution, the account number, amount of money involved in the crime, and the date of the
crime. (2) The specific identifying information and identification documents used to commit
the crime. (3) A description of the perpetrator of the crime. (b) The victim may release the
orders as follows: (1) The victim may submit this order in any...
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8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person
or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,
in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no
case shall the penalty against a person or entity for that violation exceed one hundred thousand
dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers
to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not
to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale,
provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand
dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to
any penalty prescribed by law, any corporation,...
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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of article,
rules, etc. Whenever it shall appear that any person is violating or threatening to violate
any provision of this article or any rule, regulation or order made under this article and
unless the board without litigation can effectively prevent further violation or threat of
violation, then the board, through the Attorney General, who may call to his assistance the
district attorney of the circuit in which civil action is instituted, shall bring in the name
of the State of Alabama against such person in the circuit court in the county of the residence
of the defendant or, if there is more than one defendant, in the circuit court of the county
of the residence of any of them or in the circuit court of the county in which such violation
is alleged to have occurred, a civil action to restrain such person from continuing such violation
or from carrying out the threat of violation. In such civil...
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37-14-40
Section 37-14-40 Repealer; actions taken pursuant to inconsistent provisions. Except as provided
in this section, all laws or parts of laws in conflict with the provisions of this article
are hereby repealed. In the event, as a result of a final adjudication in Dixie Electric Cooperative,
et al. vs. The Citizens of the State of Alabama, et al., Civil Action No. CV 84-V-891-N, it
is determined that Act No. 84-206 of the Alabama Legislature, Regular Session, was valid and
constitutional, such Act No. 84-206 shall remain in effect. The principles of this article
which are inconsistent with the provisions of Act No. 84-206 shall no longer be effective
with the following exceptions; (1) The agreement adopted as being in the public interest which
is listed in Item 11 of Section 37-14-36. (2) The agreement adopted as being in the public
interest which is listed in Item 12 of Section 37-14-36. (3) The agreement adopted as being
in the public interest which is listed as Item 13 of Section...
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