26-23A-10
Section 26-23A-10 Remedies. 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:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any 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 act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
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26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has
no guardian, an emergency exists, and no other person appears to have authority to act in
the circumstances, on appropriate petition the court, without notice, may appoint a temporary
guardian whose authority may not extend beyond 30 days and who may exercise those powers granted
in the order. (b) If the appointed guardian is not effectively performing duties and the court
further finds that the welfare of the incapacitated person requires immediate action, it may
appoint, with or without notice, a temporary guardian for the incapacitated person having
the powers of a general guardian for a specified period not to exceed six months. The authority
of any permanent guardian previously appointed by the court is suspended as long as a temporary
guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary
guardian shall make any report and comply with any conditions...
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27-7-19
Section 27-7-19 Licenses - Penalties. (a) The commissioner may place on probation, refuse to
issue or renew, suspend, or revoke the license of any licensee under this chapter, or may
levy a civil penalty in accordance with subsection (c), or any combination of actions, for
any one or more of the following causes: (1) Any cause for which issuance of the license could
have been refused had it then existed and been known to the commissioner. (2) Providing incorrect,
misleading, incomplete, or materially untrue information in any application or in any communication
to the commissioner. (3) Obtaining or attempting to obtain a license through misrepresentation
or fraud. (4) Intentionally misrepresenting the terms of any actual or proposed insurance
contract or application for insurance. (5) Having admitted or been found to have committed
any insurance unfair trade practice or fraud. (6) For inducing, persuading, or advising any
policyholder to surrender or cause to be cancelled any policy of...
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27-7-37
Section 27-7-37 Complaints against licensees; notice, hearing, and orders thereon. (a) The
department shall institute a proceeding against a licensee for the imposition of licensee
penalties by filing and serving a complaint as to the licensee, giving notice thereof to the
licensee and all insurers the licensee is licensed or appointed to represent. (b)(1) Any person
having an interest and feeling aggrieved may file a complaint with the commissioner against
any licensee seeking the imposition of licensee penalties against the licensee. The third-party
complaint shall be in writing and shall specify in reasonable detail the charge or charges
made, the truth of which shall be sworn to by the complainant or some other person who has
knowledge of the facts averred. (2) If, upon reviewing a third-party complaint, the commissioner
finds that the charges made therein constitute grounds for the imposition of licensee penalties
against the licensee, the commissioner shall forthwith notify the...
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34-26-61
Section 34-26-61 Duties - Supervisors. (a) A licensed psychologist acting as a supervisor shall
perform all of the following duties: (1) Offer and provide supervision only within the area
of his or her competence and assure that his or her professional expertise and experience
is congruent with the practice of the supervisee. (2) Prior to beginning supervision, enter
into a written agreement with the supervisee on a board adopted supervision contract form
which details the obligations of the supervisee as well as the responsibilities of the supervisor
to the supervisee. This form shall be filed with and accepted by the board. (3) Direct the
supervisee to practice only within the areas for which he or she is qualified by education,
training, and supervised experience. (4) Establish and maintain a level of supervisory contact
consistent with established professional standards and remain accessible to the supervisee.
(5) Direct the supervisee to keep him or her informed of services...
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36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
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38-10-7
Section 38-10-7 Institution of actions for enforcement of child support obligations, etc. (a)
Whenever anyone owing the obligation of support has failed to provide support, and application
is made to the department for support services as may be provided pursuant to the requirements
of Title IV-D or for aid, the department, and including the district attorney when providing
services for the department, may take appropriate action under this article, or any other
appropriate state and federal statutes, to assure that the responsible person or persons owing
the obligation of support provide support, including, but not limited to, civil or criminal
actions to determine parentage or to establish, modify, or enforce support obligations. All
actions to determine parentage or to establish, modify, or enforce support obligations may
be brought in either the juvenile court or district court or the circuit court or appropriate
federal court, and all presently existing statutes are hereby amended...
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45-21A-10.10
Section 45-21A-10.10 Violations of state statutes. No civil penalty may be imposed and no adjudication
of liability for a civil violation may be made under this article if the operator of the vehicle
was arrested or was issued a citation and notice to appear by a sworn police officer for a
criminal violation of any portion of Title 32, Chapter 5A, Article 8, including, but not limited
to, Sections 32-5A-170 to 32-5A-178, inclusive, or any other municipal ordinance which embraces
and incorporates the statutes contained in that article, and which occurred simultaneously
with and under the same set of circumstances which were recorded by the automated photographic
speeding enforcement system. (Act 2015-20, §11.)...
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45-37A-331.41
Section 45-37A-331.41 Violations of state statutes. No civil penalty may be imposed and no
adjudication of liability for a civil violation may be made under this subpart if the operator
of the vehicle was arrested or was issued a citation and notice to appear by a sworn police
officer for a criminal violation of any portion of Title 32, Chapter 5A, Article 8, including,
but not limited to, Sections 32-5A-170 to 32-5A-178, inclusive, or any other municipal ordinance
which embraces and incorporates the statutes contained in that article, and which occurred
simultaneously with and under the same set of circumstances which were recorded by the automated
photographic speeding enforcement system. (Act 2014-426, p. 1563, §12.)...
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45-37A-42.13
Section 45-37A-42.13 Criminal violations. No fine may be imposed and no adjudication of liability
for a civil violation may be made under this part if the operator of the vehicle was arrested
or was issued a citation and notice to appear by a sworn police officer for a criminal violation
of any portion of Article 2, Chapter 5A, Title 32, including, but not limited to, Sections
32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance which embraces and incorporates
the statutes contained in that article, and which occurred simultaneously with and under the
same set of circumstances that were recorded by the photographic traffic signal enforcement
system, the photographic stop sign enforcement system, or the photographic vehicle speed enforcement
system. (Act 2016-323, §14.)...
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