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5-18A-16
Section 5-18A-16 Violations of chapter. If, after a hearing, the supervisor finds that a person
has violated this chapter or any administrative regulation issued pursuant to this chapter,
the supervisor may take any one or more of the following enforcement actions: (1) Order the
person to cease and desist violating the chapter or any administrative rules issued pursuant
thereto. (2) Require the refund of any fees collected by such person in violation of this
chapter. (3) Order the person to pay to the supervisor a civil penalty of not more than one
thousand dollars ($1,000) for each transaction in violation of this chapter. (Act 2003-359,
p. 992, ยง16.)...
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5-25-16
Section 5-25-16 Enforcement and penalties. (a) Whenever it appears to the supervisor that any
person required to be licensed or registered under this chapter has violated any law of this
state or any order or regulation of the department, the supervisor after notice and hearing
may order such person or an affiliate acting on behalf of such person to cease and desist
from the unauthorized practices. (b) Any person required to be licensed under this chapter
or an affiliate of such person who is found by the supervisor after notice and hearing to
have violated this chapter or the terms of any order issued pursuant to this section may be
ordered by the supervisor to pay a civil penalty of not more than three thousand dollars ($3,000)
in the aggregate for all violations of a similar nature or, where violations are knowing violations,
not more than fifteen thousand dollars ($15,000), in addition to any other penalties provided
by law, including, but not limited to, revocation of any licenses...
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5-18A-17
Section 5-18A-17 Consent orders; civil or criminal penalties; extraordinary circumstances.
(a) The supervisor may enter into consent orders at any time with any person to resolve any
matter arising under this chapter. A consent order shall be signed by the person to whom it
is issued, or a duly authorized representative, and shall indicate agreement to the terms
contained therein. A consent order need not constitute an admission by any person that any
provision of this chapter, or any rule, regulation, or order promulgated or issued pursuant
to this chapter has been violated, nor need it constitute a finding by the supervisor that
such person has violated any provision of this chapter or any rule, regulation, or order promulgated
or issued hereunder. (b) Notwithstanding the issuance of a consent order, the supervisor may
seek civil or criminal penalties or compromise civil penalties concerning matters encompassed
by the consent order. (c) In cases involving extraordinary circumstances...
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5-18-9
Section 5-18-9 License - Revocation, suspension, etc.; investigation of complaints. (a) Revocation
of license. - The supervisor shall, upon 10 days' written notice to the licensee stating the
contemplated action and in general the grounds therefor and upon reasonable opportunity to
be heard, revoke any license issued under this chapter if he finds that: (1) The licensee
has failed to pay the annual license fee; (2) The licensee, either knowingly or without the
exercise of due care to prevent the same, has violated any provisions of this chapter or any
regulation or order lawfully made pursuant to and within the authority of this chapter; (3)
Any fact or condition exists which, if it had existed or had been known to exist at the time
of the original application for such license, clearly would have justified the supervisor
in refusing originally to issue such license; except, that the license shall not be revoked
because of convenience and advantage; or (4) The licensee is guilty of...
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5-26-13
Section 5-26-13 Enforcement authorities, violations, and penalties. (1) In order to ensure
the effective supervision and enforcement of this chapter the supervisor may: (a) Deny, suspend,
revoke, condition, or decline to renew a license for a violation of this chapter, rules or
regulations issued under this chapter or order or directive entered under this chapter, or
for failure to comply with any other state or federal law, including the rules and regulations
thereunder, applicable to any business authorized or conducted under this act. (b) Deny, suspend,
revoke, condition, or decline to renew a license if an applicant or licensee fails at any
time to meet the requirements of Section 5-26-6 or Section 5-26-9, or withholds information
or makes a material misstatement in an application for a license or renewal of a license.
(c) Order restitution against persons subject to this chapter for violations of this chapter.
(d) Impose fines on persons subject to this chapter pursuant to...
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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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41-14A-6
Section 41-14A-6 Establishment of SAFE board of directors; powers and duties of the board of
directors. (a) There is hereby established a Board of Directors of the SAFE Program charged
with responsibility and authority to assess and manage the sufficiency of the collateral pool
and the SAFE Program to provide adequate protection from losses to public depositors. In exercising
its powers and performing its responsibilities, the board of directors shall constitute a
body politic under the laws of the state performing the public function of assuring the safety
of public deposits. (b) The State Treasurer shall be a permanent, standing, voting member
of the board of directors and shall serve as its chair. The Superintendent of Banks shall
be a permanent, standing, non-voting member of the board of directors. The remaining six members
shall each possess knowledge, skill, and experience in one or more of the following areas:
(1) Financial analysis. (2) Trend analysis. (3) Accounting. (4)...
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5-18-12
Section 5-18-12 Promulgation of rules, regulations and orders by supervisor; furnishing of
certified copies of licenses, regulations or orders. (a) Rules, regulations, and orders. -
The supervisor shall have authority to make reasonable rules, regulations, and orders for
the administration and enforcement of this chapter, in addition hereto and not inconsistent
herewith. The regulation or order shall be referenced to the section or sections of the chapter
which set forth the legislative standard which it interprets or to which it applies. Every
regulation shall be promulgated by an order, and any ruling, demand, requirement or similar
administrative act may be promulgated by an order. Every order shall be in writing, shall
state its effective date and the date of its promulgation and shall be entered in an indexed
permanent book which shall be a public record. A copy of every order promulgating a regulation
and of every other order containing a requirement of general application shall...
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5-18A-10
Section 5-18A-10 Rules and regulations; judicial review. (a) The supervisor may promulgate
reasonable rules and regulations for the implementation, administration, execution, and enforcement
of this chapter. (b) Prior to adoption, amendment, or repeal of any regulation, the supervisor
shall give at least 35 days' notice of its intended action by filing notice of intended action
with the Legislative Reference Service for publication in the Alabama Administrative Monthly.
The date of publication in the Alabama Administrative Monthly shall constitute the date of
notice. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subject and issues involved, shall specify a notice period
ending not less than 35 days nor more than 90 days from the date of the notice, during which
period interested persons may present their views thereon, and shall specify the place where,
and the manner in which interested persons may present their...
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22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section,
it is the intention of this chapter to occupy by preemption the field of air pollution control
within all areas of the State of Alabama. However, nothing in this section shall be construed
to limit or abrogate any private remedies now available to any person for the alleviation,
abatement, control, correction, or prevention of air pollution or restitution for damage resulting
therefrom. (b) Subject to the provisions of this section, each municipal governing body which
had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution
control and which provide for the creation and establishment of an air pollution control board
and each county board of health shall have the authority to establish, and thereafter administer,
within their jurisdictions, a local air pollution control program which: (1) Provides, subject
to subsection (d) of this section, by ordinance,...
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