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32-6-49.13
Section 32-6-49.13 Implied consent to take test of blood, breath, etc.; administration of test;
refusal to take test; report of a law enforcement officer; sanctions; notice and hearing;
review; notification of other states. (a) A person who drives a commercial motor vehicle within
this state is deemed to have given consent, subject to provisions of Section 32-5-192, to
take a test or tests of that person's blood, breath, or urine for the purpose of determining
that person's alcohol concentration, or the presence of other drugs. (b)(1) A test or tests
shall be administered at the direction of a law enforcement officer, who after stopping or
detaining the commercial motor vehicle driver, has probable cause to believe that driver was
driving a commercial motor vehicle while having alcohol or drugs in his or her system. The
law enforcement officer shall test the driver at the scene by using a field breathalyzer or
other approved device, technique, or procedure approved by the Department of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-49.13.htm - 5K - Match Info - Similar pages
5-19-25
Section 5-19-25 Cease and desist orders by administrator; penalties for violation of this chapter;
right to counsel at hearing; judicial review. After notice and hearing, the administrator
may order a licensee under this chapter or a person acting on behalf of the licensee to cease
and desist from engaging in violations of this chapter. A creditor who is found by the administrator,
after notice and hearing, to have violated this chapter may be ordered by the administrator
to pay a civil penalty in an amount determined by the administrator of not more than ten thousand
dollars ($10,000) in the aggregate for all violations of a similar nature or, where violations
are knowing violations, of not more than fifty thousand dollars ($50,000), in addition to
any other penalties provided by law, including, but not limited to, license revocation. Violations
shall be of a similar nature if the violations consist of the same or substantially the same
course of action or practice irrespective of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-25.htm - 1K - Match Info - Similar pages
34-25-35
Section 34-25-35 Refusal, suspension, reprimand, probation, or revocation - Judicial review.
Any person dissatisfied with the action of the board in refusing his application or suspending
or revoking his license, or any other action of the board, may appeal the action of the board
by filing a petition within 30 days thereafter in the circuit court in the county where the
person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested
with jurisdiction and it shall be the duty of the court to set the matter for hearing upon
10-days' written notice to the board and the attorney representing the board. The court in
which the petition of appeal is filed shall determine whether or not a cancellation or suspension
of a license shall be abated until the hearing shall have been consummated with final judgment
thereon or whether any other action of the board should be suspended pending hearing, and
enter its order accordingly, which shall be operative when served...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-25-35.htm - 1K - Match Info - Similar pages
27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-12-18.htm - 4K - Match Info - Similar pages
36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations
period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally
violates any provision of this chapter other than those for which a separate penalty is provided
for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any person
subject to this chapter who violates any provision of this chapter other than those for which
a separate penalty is provided for in this section shall, upon conviction, be guilty of a
Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates any disclosure
requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor. (4)
Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter
shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual
legal expenses incurred by the respondent against whom the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25-27.htm - 6K - Match Info - Similar pages
41-27-43
Section 41-27-43 Hearing and administrative resolution procedures. The agency shall provide
by rule a hearing procedure and procedures for the administrative resolution of the notice
of assessment. The rules shall provide that the hearing shall be conducted by a driver license
hearing officer or other hearing officer appointed by its agency. The hearing may be informal
and the sole issue shall be whether the motor vehicle being operated at the time of the motor
vehicle incident was in compliance with the Mandatory Motor Vehicle Liability Insurance Law.
The appeal shall not be a contested case under the Alabama Administrative Procedure Act. The
final order concerning the appeal may be reviewed in circuit court by the filing of a petition
for review within 35 days after the final order is issued in the original appeal. (Act 2016-361,
§4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-27-43.htm - 1K - Match Info - Similar pages
15-27-20
Section 15-27-20 Release of expunged records for use in certain civil suits; hearing. Records
that have been expunged pursuant to this chapter shall be released for use in a civil suit
filed by a person for whom expungement was granted that is related to, or arising from, the
arrest or conviction that was the subject of the expungement. Upon a request from any party
for the release of any records that have been expunged, the court having jurisdiction over
the pending civil matter shall hold an in camera hearing to determine the following: (1) If
the request has been made in good faith. (2) The nature and scope of the requested records.
(3) The relevance of the requested records to the pending civil matter. Upon the completion
of the in camera review, the court shall make a determination in writing whether to release
the expunged records. In no way shall the release of expunged records bear any weight as to
their admissibility at trial with respect to the Alabama Rules of Evidence. This...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-20.htm - 1K - Match Info - Similar pages
17-5-19.1
Section 17-5-19.1 Civil penalties. (a) Commencing with the 2018 election cycle, the appropriate
election official, based on the location of filing as required by Section 17-5-9, shall levy
an administrative penalty against any person who fails to timely file a report required by
this chapter and who does not remedy the filing of the report pursuant to subsection (h).
The State Ethics Commission shall have the authority to levy an administrative penalty against
any person who files a materially inaccurate report required by this chapter and who does
not remedy the filing of the report pursuant to subsection (g). (b) The schedule of civil
penalties shall be as follows: (1) The lesser of three hundred dollars ($300) or 10 percent
of the amount of contributions or expenditures not properly reported for a first offense in
an election cycle. (2) The lesser of six hundred dollars ($600) or 15 percent of the amount
of contributions or expenditures not properly reported for a second offense in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-5-19.1.htm - 3K - Match Info - Similar pages
8-6-32
Section 8-6-32 Party aggrieved by order entitled to hearing before commission; appeals from
action of commission. (a) Any person aggrieved by an order issued under this article shall
be entitled to a hearing pursuant to the provisions of the Alabama Administrative Procedure
Act (Section 41-22-1 et seq.) pertaining to "contested cases," if such person, within
28 days after delivery of the order, submits a written request for a hearing before the commission.
The order shall disclose the right to a hearing upon written request within 28 days after
delivery of the order. If no timely request for a hearing is made, the order shall constitute
a final order of the commission. (b) Any appeal from any final order of the commission shall
be made to the Circuit Court of Montgomery County and shall be governed by the provisions
of the Alabama Administrative Procedure Act pertaining to judicial review. (Acts 1959, No.
542, p. 1318, §19; Acts 1990, No. 90-527, p. 772, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-32.htm - 1K - Match Info - Similar pages
34-24-367
Section 34-24-367 Judicial review; immediate effect of suspension or revocation of license;
venue. Judicial review of the orders and decisions of the Medical Licensure Commission shall
be governed by the provisions of Section 41-22-20 (the Alabama Administrative Procedure Act);
provided however, that the following procedures shall take precedence over the provisions
of Section 41-22-20(c) relating to the issuance of a stay of any order of the licensure commission
suspending or revoking a license to practice medicine. The suspension or revocation of a license
to practice medicine shall be given immediate effect, it being the expressly stated legislative
purpose and intent that the imposition of the penalty of suspension or revocation of a license
to practice medicine shall create a presumption that the continuation in practice of the physician
constitutes an immediate danger to the public health, safety, and welfare. No stay or supersedeas
shall be granted pending judicial review of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-367.htm - 2K - Match Info - Similar pages
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