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41-22-2
Section 41-22-2 Legislative intent and purpose; effect on substantive rights; applicability;
rulemaking authority. (a) This chapter is intended to provide a minimum procedural code for
the operation of all state agencies when they take action affecting the rights and duties
of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures
conferring additional rights upon the public; and, save for express provisions of this act
to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute
prescribing procedural duties for an agency which are in addition to those provided herein.
(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the
following: a. Provide legislative oversight of powers and duties delegated to administrative
agencies. b. Increase public accountability of administrative agencies. c. Simplify government
by assuring a uniform minimum procedure to which all agencies will be...
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5-18A-10
Section 5-18A-10 Rules and regulations; judicial review. (a) The supervisor may promulgate
reasonable rules and regulations for the implementation, administration, execution, and enforcement
of this chapter. (b) Prior to adoption, amendment, or repeal of any regulation, the supervisor
shall give at least 35 days' notice of its intended action by filing notice of intended action
with the Legislative Reference Service for publication in the Alabama Administrative Monthly.
The date of publication in the Alabama Administrative Monthly shall constitute the date of
notice. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subject and issues involved, shall specify a notice period
ending not less than 35 days nor more than 90 days from the date of the notice, during which
period interested persons may present their views thereon, and shall specify the place where,
and the manner in which interested persons may present their...
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5-25-13
Section 5-25-13 Rules and regulations. (a) The department may promulgate those rules and regulations,
not inconsistent with law, necessary for the enforcement of this chapter. (b) (1) Prior to
the adoption, amendment, or repeal of any regulation, the supervisor shall give at least 35
days' notice of its intended action by filing notice of intended action with the Legislative
Reference Service for publication in the Alabama Administrative Monthly. The date of publication
in the Alabama Administrative Monthly shall constitute the date of notice. The notice shall
include a statement of either the terms or substance of the intended action or a description
of the subject and issues involved, shall specify a notice period ending not less than 35
days or more than 90 days from the date of the notice, during which period interested persons
may present their views thereon, and shall specify the place where, and the manner in which,
interested persons may present their views thereon. (2) All...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a) No existing
electric customer shall obtain electric service under a private contract for electric service
without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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41-22-5.1
Section 41-22-5.1 Public notification of proposed rules; business economic impact statement;
applicability. (a) This section and Section 41-22-5.2 shall be known and may be cited as "The
Red Tape Reduction Act." (b) When an agency files a notice of intent to adopt, amend,
or repeal any rule, the agency shall make its best efforts to notify the public of the proposed
rule. At a minimum, when the agency files the notice of intent, the agency shall post the
text of the rule the agency proposes to adopt, amend, or repeal on its website or, if the
agency has no website, on a website operated or maintained by the executive branch. Additionally,
when the agency files a notice of intent to adopt, amend, or repeal a rule, the agency shall
electronically notify any person who has registered with the agency his or her desire to receive
notification of any proposal by the agency to adopt, amend, or repeal a rule. (c) If, prior
to the end of the notice period, a business notifies an agency that it...
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6-3-7
Section 6-3-7 Venue of actions - Against foreign and domestic corporations. (a) All civil actions
against corporations may be brought in any of the following counties: (1) In the county in
which a substantial part of the events or omissions giving rise to the claim occurred, or
a substantial part of real property that is the subject of the action is situated; or (2)
In the county of the corporation's principal office in this state; or (3) In the county in
which the plaintiff resided, or if the plaintiff is an entity other than an individual, where
the plaintiff had its principal office in this state, at the time of the accrual of the cause
of action, if such corporation does business by agent in the county of the plaintiff's residence;
or (4) If subdivisions (1), (2), or (3) do not apply, in any county in which the corporation
was doing business by agent at the time of the accrual of the cause of action. (b) The residence
of only any properly joined named class representative or...
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6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal representative
may commence an action and recover such damages as the jury may assess in a court of competent
jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere,
for the wrongful act, omission, or negligence of any person, persons, or corporation, his
or her or their servants or agents, whereby the death of the testator or intestate was caused,
provided the testator or intestate could have commenced an action for the wrongful act, omission,
or negligence if it had not caused death. (b) The action shall not abate by the death of the
defendant, but may be revived against his or her personal representative and may be maintained
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence. (c) The damages recovered are not subject to the payment of
the debts or liabilities of the testator or...
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22-27-48.1
Section 22-27-48.1 Approval process by local governing body for siting of new solid waste management
facility. (a) This section applies to the siting of any new solid waste management facility,
as defined in Section 22-27-2. (b) The governing body of a county or municipality shall make
a discretionary decision to approve or disapprove the siting of a new solid waste management
facility in accordance with this section. (c) Any person or entity seeking approval from the
governing body of a county or municipality for the siting of a new solid waste management
facility shall also submit to the governing body as part of its application, the application
fee required under subsection (d) of Section 22-27-48 and all of the following information:
(1) A written document addressing each of the criteria described in subsection (c) of Section
22-27-48. (2) The applicant's experience of owning or operating other solid waste facilities.
(3) Information relating to the applicant's financial resources,...
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22-4-5
Section 22-4-5 Adoption, revision, etc., of rules, regulations, standards, etc., by State Board
of Health; appeals therefrom; State Board of Health not to discriminate among branches of
healing arts in administration of funds. (a) The State Board of Health, with the advice and
consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered
to adopt, revise, abolish, promulgate and publish rules, regulations, standards and procedures
for: (1) The preparation of the preliminary State Health Plan and the State Medical Facilities
Plan; (2) The administration of the State Health Plan and of the State Medical Facilities
Plan after approval by the Statewide Health Coordinating Council; (3) The construction and
operation of health care facilities established under the State Medical Facilities Plan; and
(4) Such other matters as may be necessary to carry out the intent and purpose of this article.
(b) The State Board of Health is also authorized and empowered to...
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