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45-41A-41.05
Section 45-41A-41.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The Opelika Municipal Court is vested with the power
and jurisdiction to hear and adjudicate the civil violations provided for in this part, and
to issue orders imposing the civil fines and costs set out in this part. (b) A person who
receives a 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. (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
and court costs shall not be assessed if, after a hearing, the Opelika...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.05.htm - 6K - Match Info - Similar pages
6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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22-30-19
Section 22-30-19 Penalties and remedies. (a) Whenever, on the basis of any information, the
department determines that any person is in violation of any requirement of this chapter,
any rule or regulation promulgated by the department or any permit issued under authority
granted by this chapter, the department may issue an order requiring compliance immediately
or within a specified time period, and, in cases where an imminent threat to human health
or the environment is demonstrated, suspend operations causing such threat until the department
determines that adequate steps are being taken to correct such violations. (b) Whenever, on
the basis of any information, the department determines that there is or has been a release
of hazardous waste into the environment from a facility authorized to operate under Section
22-30-12(i), the department may issue an order requiring corrective action or such other response
measure as it deems necessary to protect human health or the environment....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30-19.htm - 5K - Match Info - Similar pages
26-21-7
Section 26-21-7 Nonliability of physician for claims arising out of disclosure of information;
nondisclosure of information regarding abortion pursuant to court order; physician has no
duty to secure waiver. (a) No physician who complies with the parental consent requirements
of this chapter shall be liable in any manner to the minor upon whom the abortion was performed
for any claim whatsoever arising out of or based on the disclosure of any information concerning
the medical condition of such minor to her parent, parents, or legal guardian. Notwithstanding
the foregoing, a physician who performs an abortion pursuant to a court order obtained under
this chapter, shall not disclose any information regarding same to the parent, parents, or
legal guardian of the minor unless such disclosure is made pursuant to a court order. In no
event shall the physician be under any duty to initiate proceedings in any court to secure
a waiver of the parental consent requirement on behalf of any minor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-7.htm - 2K - Match Info - Similar pages
40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2A-11.1.htm - 7K - Match Info - Similar pages
12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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34-17A-21
Section 34-17A-21 Therapists - Privileged communications; exceptions. For the purpose of this
chapter, the confidential relations and communications between licensed marriage and family
therapists and clients are placed upon the same basis as those provided by law between attorney
and client, and nothing in this chapter shall be construed to require any such privileged
communication to be disclosed, except in the following circumstances: (1) As mandated by law.
(2) To prevent a clear and immediate danger to a person or persons. (3) Where the therapist
is a defendant in a civil, criminal, or disciplinary action arising from the therapy, in which
case client confidences may be disclosed only in the course of that action. (4) Where the
client is a defendant in a criminal proceeding and the use of the privilege would violate
the defendant's right to a compulsory process or the right to present testimony and witnesses
in his or her own behalf, or both. (5) If there is a waiver previously...
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45-21A-10.04
Section 45-21A-10.04 Jurisdiction of Brantley Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Brantley Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this article and to issue orders
imposing the civil fines and costs set out in this article. (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 U.S. 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 Brantley...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.04.htm - 5K - Match Info - Similar pages
12-15-109
Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of attorneys,
and expenses for support, treatment of children under the jurisdiction of the juvenile court
pursuant to this chapter; manner of payment; proceedings upon failure of parents to pay amounts
directed. If, after making a parent, or other person legally obligated to care for and support
a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile
Procedure and after a hearing, the juvenile court finds that the parent or other person is
financially able to pay all or part of the court costs, as provided by law, attorney fees,
and expenses with respect to examination, treatment, care, detention, or support of the child
incurred from the commencement of the proceeding in carrying out this chapter, the juvenile
court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise
ordered, payment shall be made to the clerk of the juvenile court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-109.htm - 2K - Match Info - Similar pages
22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30E-10.htm - 3K - Match Info - Similar pages
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