Code of Alabama

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9-16-105
Section 9-16-105 Constitutionality and validity of article. (a) If Public Law 95-87, or any
rule or regulation promulgated thereunder or any part of such Public Law 95-87, is adjudged
unconstitutional or invalid for any reason, then such provisions of this article, or such
rules or regulations as were adopted in order to comply with the provisions of Public Law
95-87 which correspond to such constitutional or invalid provisions shall become void and
be of no further force and effect, and any regulations adopted by the commission implementing
such provisions, or corresponding to any federal rules or regulations which are declared unconstitutional
or invalid shall become void and be of no further force or effect. In the event Public Law
95-87 or any part thereof or any rule or regulation promulgated thereunder is enjoined, suspended
or the enforcement thereof is stayed pending litigation, then the commission shall immediately
suspend the enforcement of the corresponding section or...
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10A-5-9.04
Section 10A-5-9.04 Recording of articles of merger; effect when Secretary of State files articles;
copy of certified articles conclusive evidence of matters. REPEALED IN THE 2014 REGULAR SESSION
BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. The articles of merger required by this chapter
to be filed with the Secretary of State shall also be recorded in the office of the judge
of probate in the county in which the limited liability company is required to file its certificate
of formation and in each county in which a limited liability company which is a party to the
merger is required to file its certificate of formation; provided, however, that when the
articles are filed by the Secretary of State, the matters covered by the articles shall be
effective as stated therein, and a copy of the articles certified by the Secretary of State
shall be conclusive evidence of the matters covered therein. (Acts 1993, No. 93-724, p. 1425,
§57; §10-12-57; amended and renumbered by Act 2009-513, p....
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15-22-37
Section 15-22-37 Rulemaking authority. (a) The Board of Pardons and Paroles may adopt rules,
not inconsistent with the provisions of this article, touching upon all matters dealt with
in this article, including, among others, practice and procedure in matters pertaining to
paroles, pardons, and remission of fines and forfeitures; provided, however, that no rule
adopted by the board shall have the effect of denying to any person whose application for
parole or the revocation of whose parole is being considered by the board from having the
benefit of counsel or witnesses upon the hearing. (b) The Board of Pardons and Paroles shall
adopt rules to do the following: (1) Establish a program of limited supervision for parolees
who qualify addressing eligibility using validated risk and needs assessments, as defined
in Section 12-25-32, transfers among levels of supervision, to include guidelines for the
transfer of lower-risk individuals to an administrative form of parole, and reporting...
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25-4-111
Section 25-4-111 Adoption, etc., of general rules and regulations. General rules interpreting
or applying this chapter and affecting all, or classes of, employers, or other employing units,
shall be adopted by the secretary only after a public hearing thereon, notice of which shall
be published at least once, not less than 10 days prior thereto in daily newspapers published
in Montgomery, Birmingham, and Mobile, Alabama, and in such other newspaper or newspapers
as the secretary may prescribe. Prior to such hearing the secretary shall furnish to any person
upon his application therefor a copy of the proposed general rules to be considered at the
hearing. Such general rules shall, upon adoption by the secretary, be filed with the Secretary
of State and, subject to the provisions of Section 25-4-112, shall take legal effect 10 days
thereafter, unless a later date is specified by the secretary, which rules may be amended
or repealed in the same manner as is above provided for their...
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34-23-92
Section 34-23-92 Powers and duties generally. The board shall exercise, subject to this chapter,
the following powers and duties: (1) To adopt rules concerning the records and reports to
be kept and made by a pharmacy relating to the filling of prescriptions and the handling and
preservation of drugs. (2) To fix standards and requirements for licenses and permits except
as otherwise specified in this chapter. (3) To make rules and regulations regarding sanitation
consistent with state health regulations. (4) To employ such chemists, agents, clerical help,
and attorneys necessary for the proper administration of the duties of the board. (5) To employ
a Chief Drug Investigator and such other drug investigators that it deems necessary to enforce
this chapter which are under the supervision of the board. (6) To adopt rules and regulations
for the administration and enforcement of this chapter and not inconsistent herewith. Such
rules and regulations shall be referenced to the section or...
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36-21-195
Section 36-21-195 Effect of modifications; coverage for retired members upon return to active
service. (a) All rights, annuities, and benefits provided herein shall be subject to future
change by the Legislature, and subject to future changes or revisions as provided in this
article, and no current or future member or beneficiary shall be deemed to have any vested
right in the fund or to any annuity or benefit provided in this article. However, when the
board has approved a member's application for a retirement annuity or benefit and the member
has actually received benefits pursuant to the board's determination for a period of two years,
then the board's determination as to the member's years of qualified service shall be conclusive,
and the board shall not thereafter arrive at a different determination except in the case
of fraud or misrepresentation of any fact by the applicant. (b) Any member who is receiving
retirement benefits and returns to active fire fighting shall be covered...
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40-13-59
Section 40-13-59 Repeal of conflicting laws; construction with other laws. All acts or parts
of laws in conflict herewith are hereby repealed, including, but not limited to, Act 99-255,
1999 Regular Session, Act 94-478, 1994 Regular Session, as amended by Act 98-242, 1998 Regular
Session and Act 91-609, 1991 Regular Session. Notwithstanding the foregoing, the tax levied
pursuant to this article shall not be operative in any county in which, on October 1, 2004,
there is a local law which levies a severance tax on natural material in an amount of twenty-five
cents ($.25) or more per ton of severed material. This article provides the only method and
manner to tax the severance of severed materials subject to the tax levied herein. This article
shall preempt all local acts, now or in the future, except as provided herein, regarding the
taxation of the severance of the severed material subject to the tax levied herein. Provided,
however, that notwithstanding any other provision of this...
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41-16-124
Section 41-16-124 Effect of article upon status of division employees. All personnel, including
those on personal service contracts, working within the Surplus Property Division of the Department
of Economic and Community Affairs at the passage of this article shall, by virtue of this
section, be considered to meet the requirements of the department in terms of education, training,
and experience and shall automatically be placed within the state Merit System with permanent
status with all the rights and privileges thereof and shall enjoy the same employment and
retirement privileges and rights as the Legislature may determine from time to time or as
may be otherwise determined by law or administrative rule or regulation according to the rules
and regulations of the Personnel Department of the State of Alabama. All new future employees
of the Surplus Property Division of the Department of Economic and Community Affairs shall
be required to meet the requirements of the state Merit...
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45-30A-50.05
Section 45-30A-50.05 Rules, classification plans, and pay plans. So long as the same are not
inconsistent with this part, the board shall have the power to recommend to the governing
body the adoption of rules and regulations for the operation of the civil service system established
hereby, including, but not limited to a job classification plan, a pay plan, and a plan for
the mandatory or permissive, or both, retirement of employees. Within 60 days after the presentation
of a recommendation of the board, the governing body shall act upon the same, and if the governing
body by resolution adopts the recommendation of the board, the same shall become operative
and have the force and effect of law. All rules, regulations, and pay and classification plans
in effect on August 22, 1973, which are not in conflict with the provisions hereof, shall
remain in force and effect after August 22, 1973, until the same are altered, amended, or
repealed in the manner hereinafter provided. (Act 1973,...
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45-37-243.02
Section 45-37-243.02 Levy of tax. (a) As used in this section, the following terms have the
meanings here given them: (1) COUNTY. Any county now or hereafter subject to this subpart.
(2) COUNTY GOVERNING BODY. The county board of revenue, the county commission, or other like
body of the county. (3) DIRECTOR OF COUNTY DEPARTMENT OF REVENUE. The director of the county
department of revenue, the license commissioner, or judge of probate of the county, or any
other public officer performing like duties in the county. (4) SECTION 3 AS AMENDED IN 1979.
Section 3 as amended by the 1979 amendment. (5) STATE ORIGINAL UNBROKEN PACKAGE POLICY. The
state policy in effect when the original Section 3 of Act 388 of the 1965 Regular Session
was approved in August 1965, prohibiting licensees from selling or keeping for sale liquor
or wine except in an original unbroken package. (6) THE 1979 AMENDMENT. The act the Legislature
of Alabama adopted during its Regular Session of 1979 amending the original...
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