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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-68.htm - 7K - Match Info - Similar pages
2-2-18
Section 2-2-18 Civil penalties or fines for violations of Chapters 27 and 28; maximum amount;
notice; failure to pay assessed fine or penalty. (a) Notwithstanding the existence of any
other penalty imposed for violations of the provisions of the Alabama Pesticide Act of 1971
as found in Chapter 27 of Title 2, and the regulations promulgated thereunder, and the provisions
of Chapter 28 of Title 2, and the regulations promulgated thereunder, the Commissioner of
Agriculture and Industries may, after a hearing thereon, impose a civil penalty or fine for
violation of said Chapters 27 and 28, or any regulations promulgated thereunder. (b) The maximum
amount of the above civil penalty or fine shall not exceed $10,000.00 for any one offense,
and all incidents or violations committed by a person, firm, association or corporation, arising
from the same transaction, shall constitute but one offense. The State Board of Agriculture
and Industries shall, by duly adopted regulations, provide maximum...
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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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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines; voluntary
disciplinary alternative program. (a) For disciplinary purposes, the board may adopt, levy,
and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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34-43-15
Section 34-43-15 Complaints; grounds for suspension; revocation, etc., of license; penalties;
rulemaking authority. (a) Any person may file with the board a written and signed complaint
regarding an allegation of impropriety by a licensee, establishment, or person. Complaints
shall be made in the manner prescribed by the board. Complaints received by the board shall
be referred to a standing investigative committee consisting of a board member, the Executive
Director, the board attorney, and the board investigator. If no probable cause is found, the
investigative committee may dismiss the charges and prepare a statement, in writing, of the
reasons for the decision. (b) If probable cause is found, the board shall initiate an administrative
proceeding. Upon a finding that the licensee has committed any of the following instances
of misconduct, the board may suspend, revoke, or refuse to issue or renew a license or impose
a civil penalty after notice and opportunity for a hearing pursuant...
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37-2-19
Section 37-2-19 Reparation. (a) Where complaint has been made to the commission concerning
any rate or other charge of any transportation company and the commission has found, after
a hearing, that the transportation company has received an excessive or unjustly discriminatory
amount on account of such rate or charge, the commission may order that the transportation
company make due reparation to the complainant therefor, within a time to be designated in
said order, together with interest at the legal rate from the date of receipt of such excessive
or unjustly discriminatory amount. The commission shall also make and file in every case in
which reparation is ordered to be paid a full finding of the material facts upon which the
order is based. Reparation shall not be awarded in case of any rate which has been adjudged
to be just and reasonable and otherwise lawful by the commission after investigation had upon
due notice and hearing. (b) If the transportation company does not comply...
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