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16-27A-8
Section 16-27A-8 Appeals. Persons who contest a notice of violation and are adjudicated by
the court to be responsible for the civil fine may appeal the adjudication for a trial de
novo to the circuit court of the county in which the district or municipal court is located,
using the procedures that apply to criminal convictions with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) The person appealing must, as a condition
precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit
court of jurisdiction. If on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality shall refund the same without interest
within 15 days of receipt of notice of the disposition from the circuit court. If the person
is adjudicated by the circuit court to be responsible for payment of...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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45-3-83
Section 45-3-83 Additional fees; collection; use. In Barbour County, in addition to all other
fees, there shall be taxed as costs the sum of three dollars ($3) in each civil or quasi-civil
action at law other than traffic violation cases, each suit in equity, each criminal case,
each quasi-criminal case, and proceedings on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgment or conviction in any inferior or municipal
court of the county, in the Circuit Court of Barbour County, or the District Court of Barbour
County, hereinafter filed in or arising in the Circuit Court of Barbour County, or the District
Court of Barbour County, or brought by appeal, certiorari, or otherwise, to the Circuit Court
of Barbour County, or the District Court of Barbour County. In addition to all other fees,
there shall be taxed as costs the sum of two dollars fifty cents ($2.50) for each traffic
violation case. The costs shall be collected as other costs...
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45-10-81
Section 45-10-81 Public law library; Law Library Fund. (a) The governing body of Cherokee County,
Alabama, may establish and maintain a public law library in the county, and, to accomplish
that purpose, may, from time to time, expend public funds of the county as are not required
by law to be expended for any other purpose or purposes: To provide suitable accommodations
and facilities therefor, to keep the same in a good state of maintenance and repair; and from
time to time, to provide such supplies, books, reports, and periodicals for the library, as
may be needed therefor, out of the proceeds of the special fund created by this section, or
for such other purposes as provided for in Section 11-25-13. (b) In order to provide a special
fund for the creation and maintenance of the library there shall be taxed as costs the sum
of five dollars and fifty cents ($5.50) in each civil or quasi-civil action at law, suit in
equity, criminal case, quasi-criminal case, proceedings on a forfeited...
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2-8-291
Section 2-8-291 Penalty for failure to deduct and pay over assessment; inspection of books
and records; injunctions. (a) Any dealer, handler, processor, buyers or other distributors
of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any distributor
of catfish feed who fails or refuses to allow the Commissioner of Agriculture and Industries
or his authorized agents and employees to inspect and review his books and records which disclose
his distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the
accuracy of amounts deducted and remitted as required under this...
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2-8-62
Section 2-8-62 Penalty for failure to deduct and pay over assessment; inspection of books and
records; injunctions. (a) Any dealer, handler, processor, sales market or other purchaser
of swine who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any purchaser of
swine who fails or refuses to allow the Commissioner of Agriculture and Industries or his
authorized agents and employees to inspect and review his books and records which disclose
his purchases of swine for the purpose of ascertaining the accuracy of amounts deducted and
remitted as required under this article shall also be guilty of a misdemeanor. The...
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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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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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