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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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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22-20A-32
Section 22-20A-32 Violations. (a) Any food service establishment engaged in the sale or advertising
of catfish products in violation of this article shall be subject to civil penalties. The
department shall impose the following civil penalties. For violations occurring within a 24-month
period: (1) A warning for the first violation. (2) A fine of one hundred dollars ($100) for
a second violation with 24 months. (3) A fine of two hundred fifty dollars ($250) for the
third violation within 24 months. (4) A fine of five hundred dollars ($500) for the fourth
violation within 24 months. (5) A fine of one thousand dollars ($1,000) for the fifth violation
within 24 months and at the discretion of the department, a suspension of the food service
establishment permit. (b) A person may appeal the assessment of a civil penalty by requesting
a hearing that shall be held in accordance with the Alabama Administrative Procedure Act.
Judicial review of a final action of the department shall be...
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45-21A-10.05
Section 45-21A-10.05 Order of court; appeal. (a) Following an adjudicative hearing, the municipal
court judge shall issue an order stating the following: (1) Whether the person charged with
the civil violation is liable for the violation and, if so, (2) The amount of the civil fine
assessed against the person, along with the fees and costs of court provided for herein. (b)
The orders issued under this section may be filed in the office of the Judge of Probate of
Crenshaw County, Alabama, and shall operate as a judicial lien in the same manner and with
the same weight and effect as any other civil judgment filed therein. (c) A person who is
found liable after an adjudicative hearing may appeal that finding of civil liability to the
Circuit Court of Crenshaw County, Alabama, by filing a notice of appeal with the clerk of
the municipal court. The notice of appeal must be filed not later than the 14th day after
the date on which the municipal court judge entered the finding of civil...
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45-24A-32.09
Section 45-24A-32.09 Late fees; effect of violation. The city may provide by ordinance that
late fees not exceeding twenty-five dollars ($25) per month for each month after the issuance
of the order imposing the civil penalty shall attach to untimely paid civil penalties that
are authorized in this part. No person may be arrested or incarcerated for nonpayment of a
civil penalty or late fee. No record of an adjudication of civil violation made under this
part shall be listed, entered, or reported on any criminal record or driving record, whether
the record is maintained by the city or an outside agency. An adjudication of a civil violation
as provided for in this part shall not be considered a conviction for any purpose, shall not
be used to increase or enhance punishment for any subsequent offense of a criminal nature,
shall not be considered a moving violation, and shall not be used by any insurance company
to determine or affect premiums or rates. The fact that a person is held...
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45-37A-331.06
Section 45-37A-331.06 Order of municipal court; judicial review. (a) Following an adjudicative
hearing, the municipal court judge shall issue an order stating: (1) Whether the person charged
with the civil violation is liable for the violation; and, if so (2) The amount of the civil
fine assessed against the person, along with the fees and costs of court provided for herein.
(b) The orders issued under this section may be filed in the office of the Judge of Probate
of Jefferson County, Alabama, and shall operate as a judicial lien in the same manner and
with the same weight and effect as any other civil judgment filed therein. (c) A person who
is found liable after an adjudicative hearing may appeal that finding of civil liability to
the Circuit Court of Jefferson County, Alabama, by filing a notice of appeal with the clerk
of the municipal court. The notice of appeal shall be filed not later than the 14th day after
the date on which the municipal court judge entered the finding of...
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45-37A-331.36
Section 45-37A-331.36 Order of court; appeal. (a) Following an adjudicative hearing, the municipal
court judge shall issue an order stating the following: (1) Whether the person charged with
the civil violation is liable for the violation and, if so, (2) The amount of the civil fine
assessed against the person, along with the fees and costs of court provided for herein. (b)
The orders issued under this section may be filed in the office of the Judge of Probate of
Jefferson County, Alabama, and shall operate as a judicial lien in the same manner and with
the same weight and effect as any other civil judgment filed therein. (c) A person who is
found liable after an adjudicative hearing may appeal that finding of civil liability to the
Circuit Court of Jefferson County, Alabama, by filing a notice of appeal with the clerk of
the municipal court. The notice of appeal must be filed not later than the 14th day after
the date on which the municipal court judge entered the finding of civil...
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45-37A-42.09
Section 45-37A-42.09 Late fees; record of civil violations. The city may provide by ordinance
that late fees not exceeding twenty-five dollars ($25) shall attach to untimely paid fines
that are authorized pursuant this part and imposed pursuant hereto. No person may be arrested
or incarcerated for nonpayment of a fine or late fee. No record of an adjudication of civil
violation made under this part shall be listed, entered, or reported on any criminal record
or driving record, whether the record is maintained by the city or an outside agency. An adjudication
of civil violation provided for in this part shall not be considered a conviction for any
purpose, shall not be used to increase or enhance punishment for any subsequent offense of
a criminal nature, and shall not be considered a moving violation. The fact that a person
is held liable or responsible for a fine for a traffic signal violation, stop sign violation,
or speeding violation shall not be used as evidence that the person...
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45-41A-41.06
Section 45-41A-41.06 Order of municipal court; judicial review. (a) Following an adjudicative
hearing, the municipal court judge shall issue an order stating: (1) Whether the person charged
with the civil violation is liable for the violation. (2) If charged with a civil violation
the amount of the civil fine assessed against the person, along with the fees and costs of
court provided for herein. (b) The orders issued under this section may be filed in the office
of the Judge of Probate of Lee County, Alabama, and shall operate as a judicial lien in the
same manner and with the same weight and effect as any other civil judgment filed therein.
(c) A person who is found liable after an adjudicative hearing may appeal that finding of
civil liability to the Circuit Court of Lee County, Alabama, by filing a notice of appeal
with the clerk of the municipal court. The notice of appeal must be filed not later than the
14th day after the date on which the municipal court judge entered the...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition
of fines. (a) By ordinance, the governing body of any municipality may authorize any law enforcement
officer of a municipality or any law enforcement officer of the state, in lieu of placing
persons under custodial arrest, to issue a summons and complaint to any person charged with
violating any municipal littering ordinance; municipal ordinance which prohibits animals from
running at large, which shall include leash laws and rabies control laws; or any Class C misdemeanor
or violation not involving violence, threat of violence or alcohol or drugs. (b) Such summons
and complaint shall be on a form approved by the governing body of the municipality and shall
contain the name of the court; the name of the defendant; a description of the offense, including
the municipal ordinance number; the date and...
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