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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 REPEALED IN THE 2014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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