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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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2-22-13
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Legal actions for recovery of penalty. In any case wherein the
licensee fails or refuses to make payment to the consumer of a penalty within the time required,
the consumer may institute legal action against the licensee for the recovery of such penalty
as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount
of the penalty and shall include a reasonable attorney's fee and court costs. In cases where
the licensee is required to pay the amount of any penalty to the commissioner for deposit
to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment
within the time required, the commissioner may institute legal action in a court of competent
jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee
following the 60-day payment period. (Acts 1969, No. 434, p....
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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27-2-24
Section 27-2-24 Examinations - Report; confidentiality of information. (a) The commissioner,
or his or her examiner, shall make a full and true written report of each examination. The
examination report shall contain only information obtained from examination of the books,
records, accounts, files, or other documents of, or relative to, the person examined, its
agents or other persons examined, or as ascertained from the testimony of its officers or
agents or other persons examined concerning its affairs, together with conclusions and recommendations
as the examiners find reasonable warranted from the facts. (b) No later than 60 days following
completion of the examination, the examiner in charge shall file with the department a verified
written report of examination under oath. Upon receipt of the verified report, the department
shall transmit the report to the company examined, together with a notice that the company
examined may make a written submission or rebuttal with respect to...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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36-29A-4
Section 36-29A-4 Workers' Compensation Law not applicable. Except as provided herein, the program
implemented pursuant to this chapter is not governed by or subject to the provisions of Act
92-537, or its successor, otherwise known as the Alabama Workers' Compensation Law or any
similar law. Payments made to physicians licensed to practice medicine for services to injured
employees shall be in accordance with the schedule of maximum fees as established under Section
25-5-313, or as otherwise permitted under Section 25-5-314. All undisputed medical reimbursements
or payments shall be made within twenty five (25) working days of receipt of claims in the
form specified in Section 25-5-3. There shall be added to any undisputed medical invoice which
is not paid within twenty five (25) working days an amount equal to ten (10) percent of the
unpaid balance. Any regulation, policy, or program directive for the conduct of utilization
review, bill screenings, and medical necessity determinations...
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40-23-60
Section 40-23-60 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON or COMPANY. Any individual,
firm, company, partnership, association, corporation, receiver or trustee, or any other group
or combination acting as a unit, and the plural as well as the singular number, unless the
intention to give a more limited meaning is disclosed by the context. (2) DEPARTMENT. The
Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) WHOLESALE SALE or SALE AT WHOLESALE. Any one of the following:
a. A sale of tangible personal property by wholesaler to licensed retail merchants, jobbers,
dealers or other wholesalers for resale and does not include a sale by wholesalers to users
or consumers, not for resale. b. A sale of tangible personal property or products, including
iron ore, and including the furnished container and label of such...
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40-2A-3
Section 40-2A-3 Definitions. For the purposes of this chapter and Chapter 2B, the following
terms shall have the following meanings: (1) ASSOCIATE ALABAMA TAX TRIBUNAL JUDGE. An associate
judge as defined in Section 40-2B-2. (2) AUTHORIZED REPRESENTATIVE. Any individual, including,
but not limited to, an attorney or certified public accountant with written authority or power
of attorney to represent a taxpayer before the department or the Alabama Tax Tribunal; provided
however, that nothing herein shall be construed as entitling any such individual who is not
a licensed attorney to engage in the practice of law. (3) CHIEF ALABAMA TAX TRIBUNAL JUDGE
or CHIEF JUDGE. The chief judge as defined in Section 40-2B-2. (4) COMMISSIONER. The commissioner
of the department or his or her delegate. (5) COMPTROLLER. The Comptroller of the State of
Alabama. (6) DELEGATE. When used with reference to the commissioner means any officer or employee
of the department duly authorized by the commissioner,...
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2-12-4
Section 2-12-4 Permits for sale of eggs required; permit fee; delinquency penalty; revocation
of permits and appeals therefrom. Every retail dealer who sells eggs or offers eggs for sale
in this state shall obtain a permit from the Commissioner of Agriculture and Industries which
authorizes the sale or offering for sale of eggs and which shall be issued free of any cost
or charge to the dealer. Such permit shall continue in effect for an indefinite period unless
revoked as provided in this section or unless the commissioner requires all such permits previously
issued terminated at the end of any fiscal year. Wholesale egg dealers or any egg producer
who shall elect to become subject to the requirements of this chapter, before such a dealer
or producer sells eggs or offers eggs for sale in this state, shall apply for and obtain an
annual permit to be issued by the Commissioner of Agriculture and Industries which shall expire
on September 30 of each year and shall be renewable on or...
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2-17-14
Section 2-17-14 Unauthorized casting, printing, etc., of device or label containing official
mark or simulation; forgery, unauthorized use, etc., of official devices, marks, etc.; making
of false statements in certificates, misrepresentations as to inspections, etc. (a) No brand
manufacturer, printer or other person, firm or corporation shall cast, print, lithograph or
otherwise make any device containing any official mark or simulation thereof or any label
bearing any such mark or simulation, any form of official certificate or simulation thereof
except as authorized by the commissioner. (b) No person, firm or corporation shall: (1) Forge
any official device, mark or certificate; (2) Use any official device, mark or certificate
or simulation thereof or alter, detach, deface or destroy any official device, mark or certificate
without authorization from the commissioner; (3) Fail to use or to detach, deface or destroy
any official device, mark, or certificate contrary to the regulations...
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