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5-19-16
Section 5-19-16 Refusal by court to enforce unconscionable agreement. With respect to a consumer
credit transaction, if the court as a matter of law finds the contract or any provision of
the contract to have been unconscionable at the time it was made, the court may refuse to
enforce the contract, or it may enforce the remainder of the contract without the unconscionable
provision, or it may so limit the application of any unconscionable provision as to avoid
any unconscionable result. (Acts 1971, No. 2052, p. 3290, §12; Acts 1996, No. 96-576, p.
887, §2.)...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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35-9A-143
Section 35-9A-143 Unconscionability. (a) If the court, as a matter of law, finds: (1) a rental
agreement or any provision thereof was unconscionable when made, the court may refuse to enforce
the agreement, enforce the remainder of the agreement without the unconscionable provision,
or limit the application of any unconscionable provision to avoid an unconscionable result;
or (2) a settlement in which a party waives or agrees to forego a claim or right under this
chapter or under a rental agreement was unconscionable when made, the court may refuse to
enforce the settlement, enforce the remainder of the settlement without the unconscionable
provision, or limit the application of any unconscionable provision to avoid an unconscionable
result. (b) If unconscionability is put into issue by a party or by the court upon its own
motion, the parties shall be afforded a reasonable opportunity to present evidence as to the
setting, purpose, and effect of the rental agreement or settlement to...
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22-32-1
Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management Compact.
The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby enacted
into law and entered into by the State of Alabama with any and all states legally joining
therein in accordance with its terms, in the form substantially as follows: SOUTHEAST INTERSTATE
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Article I. Policy and Purpose There is hereby
created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party
states recognize and declare that each state is responsible for providing for the availability
of capacity either within or outside the state for the disposal of low-level radioactive waste
generated within its borders, except for waste generated as a result of defense activities
of the federal government or federal research and development activities. They also recognize
that the management of low-level radioactive waste is handled most...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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7-2-302
Section 7-2-302 Unconscionable contract or clause. (1) If the court as a matter of law finds
the contract or any clause of the contract to have been unconscionable at the time it was
made the court may refuse to enforce the contract, or it may enforce the remainder of the
contract without the unconscionable clause, or it may so limit the application of any unconscionable
clause as to avoid any unconscionable result. (2) When it is claimed or appears to the court
that the contract or any clause thereof may be unconscionable, the parties shall be afforded
a reasonable opportunity to present evidence as to its commercial setting, purpose and effect
to aid the court in making the determination. (Acts 1965, No. 549, p. 811.)...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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7-2A-108
Section 7-2A-108 Unconscionability. (1) If the court as a matter of law finds a lease contract
or any clause of a lease contract to have been unconscionable at the time it was made the
court may refuse to enforce the lease contract, or it may enforce the remainder of the lease
contract without the unconscionable clause, or it may so limit the application of any unconscionable
clause as to avoid any unconscionable result. (2) Before making a finding of unconscionability
under subsection (1), the court, on its own motion or that of a party, shall afford the parties
a reasonable opportunity to present evidence as to the setting, purpose, and effect of the
lease contract or clause thereof, or of the conduct. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §108.)...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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