Code of Alabama

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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing. (a)
Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17), 25-8-36,
25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand dollars
($1,000) to five thousand dollars ($5,000) upon the following...
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26-21-6.1
Section 26-21-6.1 Civil action under chapter. In addition to whatever remedies are available
under the common or statutory law of this state, failure to comply with the requirements of
this chapter shall provide a basis for a civil action for compensatory and/or punitive damages.
Any criminal conviction under this chapter shall be admissible in a civil suit as prima facie
evidence of a failure to obtain an informed consent or parental or judicial consent. The civil
action may be based on a claim that the action was a result of simple negligence, gross negligence,
wantonness, willfulness, intention, or breach of other legal standard of care. The Medical
Liability Act of 1987 shall not apply to any civil causes of action brought pursuant to Sections
26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7. (Act 2014-445, p. 1660,
§2.)...
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34-31-32
Section 34-31-32 Violations; penalties. (a) Any person engaged in business as a certified contractor
or performing the functions of a certified contractor in violation of this chapter shall be
guilty of a Class A misdemeanor, as defined by the state criminal code. (b) The board may,
at its discretion, impose late penalties on those certified contractors who fail to renew
certificates by December 31 of each year. The board may also remove certification from any
certified person who fails to renew his or her certificate by the first day of March and require
the person to apply for a new certificate. Furthermore, the board may at its discretion, remove,
revoke, or suspend the certification from any certified contractor who provides substandard
or dangerous service, repair, or installation, or who otherwise violates this chapter, and
may require such person to apply for a new certification. The board may, in its discretion,
also require the successful re-testing of any such person who...
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38-9-9
Section 38-9-9 Reports by physicians, etc., of physical abuse, neglect or exploitation - Immunity
of reporter from civil and criminal liability. Any person, firm or corporation making or participating
in the making of a report pursuant to this chapter or participating in a judicial proceeding
resulting therefrom shall in so doing be immune from any liability, civil or criminal, that
might otherwise be incurred or imposed. (Acts 1977, No. 780, p. 1340, §7.)...
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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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8-19A-22
Section 8-19A-22 Civil proceeding burden of proof; criminal proceeding burden of producing
evidence. In any civil proceeding alleging a violation of this chapter, the burden of proving
an exemption specified in Section 8-19A-4 or that the person or entity is not otherwise subject
to this chapter is upon the person or entity claiming the exemption. In any criminal proceeding
alleging a violation of this chapter, the burden of producing evidence to support a defense
based upon an exemption specified in Section 8-19A-4 or that the person or entity is not subject
to this chapter is upon the person or entity claiming the defense. (Acts 1994, No. 94-650,
p. 1220, §22.)...
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8-6-18
Section 8-6-18 Criminal penalties for violations of article; enforcement; scienter. (a) A person
who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of
a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section
8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any
prosecution under this section does not commence or begin to accrue until the discovery of
the facts constituting the deception, after which the prosecution shall be commenced within
five years. (b) A person who willfully violates any provision of this chapter, other than
those noted in subsection (a), or a rule adopted or order issued under this chapter, upon
conviction, shall be guilty of a Class A misdemeanor. (c) The enforcement of the provisions
of this article shall be vested in the commission. It shall be the duty of the commission
to see that its provisions are at all times obeyed and to take such measures and to...
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25-14-8
Section 25-14-8 Violations; penalties. (a)(1) Upon a finding that a registrant has violated
a provision of Section 25-14-6 or 25-14-7, the secretary may: a. Impose an administrative
fine not to exceed one thousand dollars ($1,000) for every count or separate offense. b. Impose
upon the registrant the cost of investigation and prosecution, including reasonable attorney
fees. c. Refuse to register or renew the registration of an offending professional employer
organization. (2) The secretary may make, or cause to be made, investigations, audits, or
reviews within or without the state as the secretary deems necessary to determine whether
a person has violated or is in danger of violating this chapter, including any regulation
or rule to aid in the enforcement of this chapter, including any regulation or rule promulgated
pursuant to this chapter. (3) All civil penalties collected under this chapter shall be deposited
in the Professional Employer Organization Registration Administrative...
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34-11-36
Section 34-11-36 Receipts and disbursements. The executive director of the board shall receive
and account for all money derived under this chapter. All funds collected shall be deposited
with the State Treasurer. With the exception of the civil penalties deposited in the General
Fund as provided in Section 34-11-11.1, the State Treasurer shall keep the money in a separate
fund to be known as the "Professional Engineers and Professional Land Surveyors Fund."
The fund shall be kept separate and apart from all other money in the Treasury, and shall
be paid out only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers,
approved by the executive director of the board. No funds shall be withdrawn or expended except
as budgeted and allotted according to Article 4 of Chapter 4 of Title 41. Any funds or money
in the hands of the State Treasurer, known as the Professional Engineers and Professional
Land Surveyors Fund, at the end of the state fiscal year in excess of that...
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45-37A-331.35
Section 45-37A-331.35 Jurisdiction of Midfield Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Midfield Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this subpart and to issue orders
imposing the civil fines and costs set out in this subpart. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by United States mail.
(c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission
of liability in the full amount of the civil fine assessed in the notice of violation. (d)
The civil fine shall not be assessed if, after a hearing, the...
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