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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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34-24-363
Section 34-24-363 Witnesses - How subpoenaed and sworn; failure to comply. (a) To any such
hearing witnesses may be subpoenaed by the commission on its own motion, or on the demand
of either side by subpoena signed by the chairman of the commission, or by the executive officer
of the commission, and such subpoenas may be served by any sheriff of the State of Alabama,
or by the executive officer of the commission or by any person designated by the executive
officer; and, if served by anyone other than a sheriff, the return of service shall be sworn
to by the person before some officer authorized to administer oaths. Witnesses may be sworn
by the chairman or by the person discharging the duties of the chairman. Similar subpoenas
may be issued directing the production of books, papers, or documents at the hearing. (b)
In conducting its investigations, the State Board of Medical Examiners shall have the authority
to subpoena witnesses and command the production at any of its meetings of...
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45-37-121.18
Section 45-37-121.18 Transfers and reinstatements. An appointing authority may, at any time,
assign a classified employee under his or her jurisdiction from one position to another in
the same class. Any classified employee, holding permanent status, may be transferred from
one department to a position in the same class in another department or government, provided
that the director has authorized the transfer and has received the consent of both appointing
authorities concerned. Any person now or hereafter holding permanent status as an employee
of the State of Alabama under the provisions of any present or future merit system or civil
service law or any person now or hereafter holding permanent status in a position in the competitive
classified service of the federal government, may be appointed by an appointing authority
without examination to a position in the same or a similar class in the classified service
herein set up, provided that any such appointment shall be recommended by...
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45-49-120.06
Section 45-49-120.06 Personnel board. (a)(1) The personnel board shall consist of five members
designated respectively as Member 1, Member 2, Member 3, Member 4, and Member 5, each of whom
shall be over 19 years of age, of recognized good character and ability, a qualified elector
of Mobile County, and shall not, when appointed nor for three years then next preceding the
date of his or her appointment have held elective public office, nor have been a candidate
for public office. If any person actively solicits a position on the board, the committee,
for this reason, shall refuse to consider his or her appointment. After May 15, 2009, each
member shall be a resident of his or her respective district, as hereinafter provided, at
the time of his or her appointment and for the duration of his or her term; provided however,
that those members in office on May 15, 2009, may serve out the remainder of their then unexpired
term without regard to their respective districts of residence. Members...
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22-14-14
Section 22-14-14 Penalty for violation of article or rules, regulations or orders; notice of
possible liability for civil penalty; civil action by Attorney General; considerations affecting
amount of civil penalty; maximum penalty on small businesses; payment of penalty. (a) Any
person who willfully violates any of the provisions of this article or rules, regulations
or orders of the agency in effect pursuant thereto shall, upon conviction thereof, be punished
by a fine not exceeding $1,000.00, or by imprisonment in the county jail or by a sentence
to hard labor for the county not exceeding 12 months, or by both fine and imprisonment or
hard labor. (b) Any person who (1) Violates any licensing provision of Section 22-14-4 or
Section 22-14-6 or any rule, regulation, or order issued thereunder, or any term, condition,
or limitation of any license issued thereunder, or (2) Commits any violation for which a license
may be revoked under Section 22-14-11, shall be subject to a civil penalty...
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45-28-234.13
Section 45-28-234.13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The board shall
have the power to administer oaths, take depositions, certify official acts, and issue subpoenas
to compel the attendance of witnesses and production of papers necessary as evidence in connection
with any hearing, investigation, or proceeding within the purview of this part. The sheriff,
or some other person so designated by the sheriff, shall serve all processes of the board,
and shall attend and preserve order at all public hearings conducted by the board. If a person
refuses to obey a subpoena from the board, the board or its authorized representative, may
ask the Circuit Court of Etowah County to order the evidence to be produced. Upon proper showing,
the circuit court may order compliance with the subpoena. Failure to comply with such an order
may constitute contempt of court. The fees of witnesses...
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45-35A-51.01
Section 45-35A-51.01 Definitions. The following words, terms, and phrases, wherever used in
this part, shall have the meaning respectively ascribed to them in this section, unless the
context plainly indicates a different meaning: (1) APPOINTING AUTHORITY. A department head.
(2) BOARD. The personnel board herein authorized. (3) CLASSIFIED SERVICE. Includes all offices,
positions, and employment in the City of Dothan as these offices, positions, and employment
now or may hereafter exist, the holders of which are paid whether by salary, wages, or fees,
in whole or in part, from funds of the city, except those expressly placed in the unclassified
service. (4) COMMITTEE. The citizens supervisory committee herein created. (5) DEPARTMENT
HEADS. a. City manager as the administrative head of the municipal government. b. City clerk-treasurer
in charge of the administrative department. c. City engineer in charge of the engineering
department. d. Electrical superintendent in charge of the...
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45-49-120
Section 45-49-120 Definitions. In this part, words used in the masculine gender include the
feminine and neuter genders, and words used in the neuter gender include the masculine and
feminine genders. The following words, terms, and phrases, wherever used in this part, shall
have the meanings respectively ascribed to them in this section unless the context plainly
indicates a contrary meaning: (1) APPOINTING AUTHORITY or APPOINTING POWER. A person, officer,
board, commission, or other body or person whose lawful jurisdiction or powers are confined
wholly or primarily within the territorial limits of Mobile County, or any incorporated city
or town therein, and who or which have the power to make appointments to offices or positions
of employment or trust in any of the classified service as in this part defined. (2) BOARD.
The personnel board created by this part. (3) CLASSIFIED SERVICE. Includes all offices, positions,
and employment in Mobile County or any such city therein as these...
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25-9-15
Section 25-9-15 Certificate of competency for fire bosses and mine foremen - Suspension, cancellation,
or revocation; voluntary surrender of certificate. (a) The board may issue an official written
reprimand of any person certified under this chapter as a disciplinary measure for a first
violation of any requirement of this chapter. (b) In addition, for any subsequent violation
or for any serious first violation, the certificate of any person may be cancelled or revoked
by the board of examiners, whenever it shall be established to the satisfaction of the board
that the holder of the certificate has become unworthy of official endorsement by reason of
violation of this chapter, intemperate habits, manifest incapacity, abuse of authority, or
for other causes satisfactory to the board. Any person against whom charges are made shall
have an opportunity to be heard in his or her own behalf. He or she shall have at least 30
days' notice in writing of the charges by the ex officio chairman,...
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