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5-19-29
Section 5-19-29 Injunctions. (a) The administrator may bring an action to restrain a creditor
or a person acting in his behalf from engaging in any business subject to licensing under
subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in
Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations
of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing
debtors to enter credit transactions or in the collection of debts. (b) With respect to an
action brought to enjoin violations of the chapter or fraudulent or unconscionable conduct,
the administrator may apply to the court for appropriate temporary relief against a defendant,
pending final determination of the proceedings. If the court finds, after a hearing held upon
notice to the defendant, that there is reasonable cause to believe that the defendant is engaging
in or is likely to engage in conduct which violates this chapter or...
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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
11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, unless the context clearly indicates
otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term is used
with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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34-27-36
limited liability corporation, for the purpose of receiving payments contemplated in this subsection.
The business organization shall not be required to be licensed under this chapter, and shall
not engage in any other activity requiring a real estate license. (12) Paying or receiving
any rebate from any person in a real estate transaction. (13) Inducing any party to a contract
to break the contract for the purpose of substituting a new contract, where the substitution
is motivated by the personal gain of the licensee. (14) If the licensee is a salesperson
or associate broker, accepting a commission or other valuable consideration for performing
any act for which a license is required from any person except his or her qualifying broker.
(15) If a qualifying broker or company, allowing a salesperson or associate broker licensed
under him or her to advertise himself or herself as a real estate agent without the name or
trade name of the qualifying broker or company appearing...
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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-5.htm - 12K - Match Info - Similar pages
5-19-25
Section 5-19-25 Cease and desist orders by administrator; penalties for violation of this chapter;
right to counsel at hearing; judicial review. After notice and hearing, the administrator
may order a licensee under this chapter or a person acting on behalf of the licensee to cease
and desist from engaging in violations of this chapter. A creditor who is found by the administrator,
after notice and hearing, to have violated this chapter may be ordered by the administrator
to pay a civil penalty in an amount determined by the administrator of not more than ten thousand
dollars ($10,000) in the aggregate for all violations of a similar nature or, where violations
are knowing violations, of not more than fifty thousand dollars ($50,000), in addition to
any other penalties provided by law, including, but not limited to, license revocation. Violations
shall be of a similar nature if the violations consist of the same or substantially the same
course of action or practice irrespective of the...
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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or order
issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per
violation and shall be adjudged in contempt. For the purpose of this section, any circuit
court issuing an injunction or order under this chapter shall retain jurisdiction, and in
such cases the Attorney General or the district attorney acting in the name of the state may
petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in
or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall
forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the
Attorney General or a district attorney acting in the name of the state to the circuit court
for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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37-15-10.2
Section 37-15-10.2 Violations; complaints; dispute and hearing; judicial review. (a) Any person
who violates this chapter may be reported to the authority for the alleged violation. (b)
The board shall develop and implement a process for the receipt of a complaint of a violation
of this chapter. The complaint must be made no later than 30 days after the known occurrence
of the violation. A complaint may be filed as information only and designated not to be pursued
under the enforcement provisions. (c) Upon receipt of a complaint of a violation of this chapter,
the administrator, operating on behalf of the authority, shall provide notice to the reported
violator advising that a complaint of violation has been made setting out the time and place
of the alleged violation, the identity of who reported the violation, his or her right to
file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the authority,...
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22-8B-5
Section 22-8B-5 Liability for damages; wrongful death action; suspension or revocation of license.
(a) Any person, physician, or health care provider who deliberately violates this chapter
by aiding in dying shall be liable for damages. (b) If any person deliberately aids in dying
in violation of this chapter that results in death, the personal representative or
administrator of the estate of the decedent may bring an appropriate action for wrongful death.
(c) Any physician or other health care provider who deliberately aids in dying in violation
of this chapter shall be considered to have engaged in unprofessional conduct for which his
or her license to provide health care services in the state shall be suspended or revoked
by the appropriate licensing board. (Act 2017-231, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-8B-5.htm - 1K - Match Info - Similar pages
8-33-11
are necessary to enable the commissioner to reasonably determine compliance or noncompliance
with this chapter. (b) The commissioner may take action that is necessary or appropriate to
enforce this chapter, the commissioner's rules and orders, and to protect warranty holders
in this state. If a warrantor engages in a pattern or practice of conduct that violates this
chapter and that the commissioner reasonably believes threatens to render the warrantor insolvent
or cause irreparable loss or injury to the property or business of any person or company
located in this state, the commissioner may do any of the following: (1) Issue an order directed
to that warrantor to cease and desist from engaging in further acts, practices, or transactions
that are causing the conduct. (2) Issue an order prohibiting that warrantor from selling or
offering for sale vehicle protection products in violation of this chapter. (3) Issue an order
imposing a civil penalty on that warrantor. (4) Issue any...
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