Code of Alabama

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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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37-15-10
Damage Prevention Fund for the exclusive use of the authority. The expenditures of monies in
the Underground Damage Prevention Fund shall be at the discretion of the authority board to
carry out its duties under this chapter. Excess funds shall be used to support public awareness
programs and training and education of excavators, operators, locators, and other persons
to reduce the number and severity of violations of this chapter. (f) This chapter does not
affect any civil remedies for personal injury or property damage or criminal
sanctions except as otherwise specifically provided for in this chapter. (g) Evidence of findings
of fact, civil penalties, or any of the actions or proceedings pursuant to this chapter shall
not be admissible in any other civil causes of actions related to the excavation or damage
for which the penalty or fine was issued; however, these materials are discoverable in civil
actions arising from the facts herein. This chapter does not limit any...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
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34-22-6
Section 34-22-6 Violations; penalties; assistance in prosecutions; costs and attorney fees;
venue. (a) It shall be unlawful for any person to perform any of the following: (1) Practice
optometry in this state without having a valid, unrevoked, and unexpired license certificate
and annual renewal registration certificate as an optometrist. (2) Use or attempt to use as
his or her own a diploma of an optometric school or college or a license of another person,
or a forged diploma or license, or any forged or false identification. (3) Sell or offer to
sell a diploma conferring an optometric degree or a license granted pursuant to this chapter
or prior optometric practice laws, or to procure each diploma or license with intent that
it shall be used as evidence of the right to practice optometry by a person other than the
one upon whom it was conferred or to whom the license was granted, or with fraudulent intent
to alter the diploma or license or to use or attempt to use it when it is so...
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13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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2-27-9
and its labeling and other material required to be submitted comply with the requirements of
Section 2-27-14, he or she shall register the article. (c) If it is determined as provided
under subsection (d) of Section 2-27-6 that a pesticide, based upon its formulation and directions
for use, warnings and cautions contained in its registered labeling, may not, without additional
restrictions, be applied for its intended use without substantial adverse effects on the environment,
including injury to the applicator, such a pesticide shall be designated as a restricted-use
pesticide. (d) If it does not appear to the commissioner that the article is such as to warrant
the proposed claims for it or if the article and its labeling and other material required
to be submitted do not comply with the provisions of this article, he or she shall notify
the applicant of the manner in which the article, labeling, or other material required to
be submitted fail to comply with the article so as to...
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22-11A-69
Section 22-11A-69 Confidentiality standards; uses of information gained during investigation.
(a) The records, proceedings, deliberations, and documents related to the investigation and
review of any infected health care worker are confidential and shall be used by committees,
licensing boards of licensed health care workers, panels, and individuals only in the exercise
of their official duties and shall not be public records nor be admissible in court for any
purpose nor subject to discovery in any civil action except appeals governed by Sections 22-11A-64
and 22-11A-65 and appeals from adverse professional license determinations made pursuant to
Sections 22-11A-66 and 22-11A-72(a). Information gained during the investigation of an infected
health care worker and the decision about restriction of practice of an infected health care
worker shall be made available to the appropriate licensing board and to the employer of an
infected health care worker and may be used by the licensing...
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22-52-10.8
Agency shall as soon as possible thereafter enter the order in the National Instant Criminal
Background Check System (NICS) and the information shall be entered into the NICS Index Denied
Persons File. The records maintained pursuant to this section shall only be used for purposes
of determining eligibility to purchase or transfer a firearm. Information furnished shall
not include confidential medical or treatment records, confidential tax or financial data,
library records, or other personal information. (b) Any person who has been adjudicated
mentally deficient or committed to a mental institution and who is subject to the firearm
disabilities of 18 U.S.C. Section 922 (d)(4) and (g)(4), and who is subject to the firearm
disabilities of Sections 13A-11-72 and 13A-11-75, because he or she has been determined by
law or legal process to be of unsound mind, may petition the district court for a civil review
of the person's mental capacity to purchase a firearm. The petitioner may...
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13A-1-2
Section 13A-1-2 Definitions. Unless different meanings are expressly specified in subsequent
provisions of this title, the following terms shall have the following meanings: (1) BOOBY
TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered
by any action of a person making contact with the device. This term includes guns, ammunition,
or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes,
nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the
production of toxic fumes or gases. (2) BURDEN OF INJECTING THE ISSUE. The term means that
the defendant must offer some competent evidence relating to all matters subject to the burden,
except that the defendant may rely upon evidence presented by the prosecution in meeting the
burden. (3) CLANDESTINE LABORATORY OPERATION. Any of the following: a. Purchase or procurement
of chemicals, supplies, equipment, or laboratory location for the...
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