Code of Alabama

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5-18A-15
Section 5-18A-15 Suspension or revocation of license; hearing. (a) The supervisor may, after
notice and hearing, suspend or revoke any license if the supervisor finds that the licensee
has knowingly or through lack of due care committed any of the following actions: (1) Failed
to pay the annual license fee imposed by this chapter or an examination fee imposed by the
supervisor under the authority of this chapter. (2) Committed fraud, engaged in a dishonest
activity, or made misrepresentations. (3) Violated a provision of this chapter, an administrative
regulation issued pursuant to this chapter, or has violated any other law in the course of
its or his or her dealings as a licensee. (4) Made a false statement in the application for
the license or failed to give a true reply to a question in the application. (5) Demonstrated
incompetence or untrustworthiness to act as a licensee. (6) Entered or caused to be entered
or allowed to be entered any false information on any business record of...
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28-10-7
Section 28-10-7 Compliance as defense to license suspension or revocation; mitigation of administrative
penalties or fines. (a) The license of a vendor certified as a responsible vendor under this
chapter may not be suspended or revoked for an employee's illegal sale of an alcoholic beverage
to a person who is not of lawful drinking age if the employee had completed the applicable
training prescribed by this chapter prior to committing such violation, unless the vendor
had knowledge of the violation or should have known about such violation, or participated
in or committed such violation. No vendor may use as a defense to decertification the fact
that he was absent from the licensed premises at the time of noncompliance with this section.
(b) The board shall consider certification by a vendor in the responsible vendors program
in mitigation of administrative penalties or fines for an employee's illegal sale of an alcoholic
beverage to a person who is not of lawful drinking age. (Acts...
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34-11-2
Section 34-11-2 Practice of engineering and land surveying regulated. (a) A person in either
public or private capacity may not practice or offer to practice engineering or land surveying,
unless he or she shall first have submitted evidence that he or she is qualified so to practice
and shall be licensed by the board as hereinafter provided or unless he or she is specifically
exempted from licensure under this chapter. (b) Except as otherwise provided in this chapter,
all engineering design of buildings, structures, products, machines, processes, and systems
that can affect health, life, safety, welfare, and property shall be conducted under the responsible
charge of a licensed professional engineer. (c) In order to safeguard health, life, safety,
welfare, and property, the practice of engineering in this state is a learned profession to
be practiced and regulated as such, and its practitioners in this state shall be held accountable
to the state and members of the public by high...
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34-14-1
Section 34-14-1 Definitions. For purposes of this chapter, the following words and phrases
shall have the respective meanings ascribed by this section: (1) APPRENTICE. A person who
has met the requirements of Section 34-14-7 and may engage in the practice of fitting and
dealing in hearing instruments only under the direct supervision of a hearing aid dispenser
or hearing aid specialist when designated by the sponsoring dispenser. (2) APPRENTICE PERMIT.
A permit issued while the applicant is in training to become a licensed hearing aid specialist.
(3) BOARD. The Board of Hearing Instrument Dealers. (4) DIRECT SUPERVISION. On site and close
contact whereby a supervisor is able to respond quickly to the needs of the patient or client
receiving care or the supervisee. (5) HEARING AID DISPENSER. Any trained person who has met
all requirements of this chapter for licensure and who may engage in the practice of fitting
and dealing in hearing instruments without the direct supervision of any...
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34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any
person who knowingly, willfully, or intentionally violates any provision of this chapter shall
be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and
separate offense. (b) When it appears to the board that any person is violating any of the
provisions of this chapter, the board may in its own name bring an action in the circuit court
for an injunction, and the court may enjoin any person from violating this chapter regardless
of whether the proceedings have been or may be instituted before the board or whether criminal
proceedings have been or may be instituted. (c) In addition to any other provisions of law,
the board may enter an order assessing a civil penalty against any nonregistered person, corporation,
or other entity found guilty by the board of, but not limited to, the following violations
of this chapter: (1) Engaging in the practice or offer to...
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34-34A-6
Section 34-34A-6 Creation of board of examiners; members; qualifications of members; term of
membership; duties of board. (a) The State Board of Examiners for Dietetics/Nutrition Practice
is hereby created. (b) The board shall consist of three members. Two members of the board
shall be dietitians/nutritionists licensed under this chapter. One member of the board shall
be a lay person. The Governor shall appoint board members. At least two names shall be submitted
for each place on the board. No elected officer of the Alabama Dietetic Association, Inc.,
shall be eligible to serve on the board. (c) Each dietitian/nutritionist on the board shall
have been engaged in the practice of dietetics/nutrition for not less than seven years, with
at least the last two years in the State of Alabama. The dietitians/nutritionists on the board
shall be in different areas of practice, namely: Clinical dietetics and research, community
dietetics, management, consultation and private practice, and...
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5-3A-6
Section 5-3A-6 Examination of witnesses and production of documents; penalties for false entry
or statement; proceedings against former employees. (a) For purposes of this section, a bank
holding company is a holding company organized under the laws of Alabama or another state
in the United States that directly owns a majority of the voting securities of an Alabama
state bank. (b) The superintendent and every examiner acting under the superintendent may
administer oaths and may examine under oath any person whose testimony may be required on
the examination of any bank or any bank holding company, on the examination of any affiliate
of a bank, or on the examination of any agency of any foreign bank and shall have authority
and power to compel the appearance and attendance of any such person or the production of
any records and documents of any bank, any bank holding company, any affiliate of a bank,
or any agency of a foreign bank for the purpose of any examination and attendance or...
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8-19A-17
Section 8-19A-17 Actions by enforcing authority. The division may bring: (1) An action to obtain
a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin
any person who has violated or is violating this chapter. (3) An action on behalf of one or
more purchasers for the actual damages caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
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8-19A-18
Section 8-19A-18 Civil penalties; recovery of penalties. (a) Any person who engages in any
act or practices that violate this chapter is liable for a civil penalty of up to ten thousand
dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the
following: (1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person
engaging in the violative act or practice and the director of the division by authority of
the Attorney General, and by payment of any agreed upon amount by the person against whom
the claim was filed. (3) The settlement of a claim against a person for violation of this
chapter before civil action is filed by agreement upon terms and by the payment of any settlement
amount agreed upon by the person and the director of the division by authority of the Attorney
General. (c) Upon ceasing the violative act or practice and agreeing to desist...
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8-7A-2
Section 8-7A-2 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) AGENT or AUTHORIZED DELEGATE. Any person designated or employed by
a licensee under this chapter to provide monetary transmission services on behalf of the licensee.
(2) APPLICANT. Any person that files an application for a license under this chapter. (3)
BANK. An institution organized under federal or state law which meets any of the following
requirements: a. Accepts demand deposits or deposits that the depositor may use for payment
to third parties and engages in the business of making loans. b. Engages in credit card operations
and maintains only one office that accepts deposits, does not accept demand deposits or deposits
that a depositor may use for payments to third parties, does not accept a savings or time
deposit less than one hundred thousand dollars ($100,000), and does not engage in the business
of making commercial loans. c. Is a trust company subject to...
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