Code of Alabama

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34-23-1
Section 34-23-1 Definitions. For the purpose of this chapter, the following words and phrases
shall have the following meanings: (1) ASSOCIATION. The Alabama Pharmacy Association. (2)
BIOLOGICAL PRODUCT. Has the same meaning as the term as defined in 42 U.S.C. §262. (3) BOARD
or STATE BOARD. The Alabama State Board of Pharmacy. (4) CHEMICAL. Any substance of a medicinal
nature, whether simple or compound, obtained through the process of the science and art of
chemistry, whether of organic or inorganic origin. (5) DISPENSE. To sell, distribute, administer,
leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user
or his or her agent. (6) DRUGS. All medicinal substances, preparations, and devices recognized
by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all
substances and preparations intended for external and internal use in the cure, diagnosis,
mitigation, treatment, or prevention of disease in man or animal...
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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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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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27-12-22
Section 27-12-22 Proceedings on unfair competition, etc., not defined under chapter - Appeal
by intervenor. If the report of the commissioner under Section 27-12-21 does not charge a
violation of this chapter, then any intervenor in the proceedings may, within 30 days after
the service of such report, cause a notice of appeal to be filed in the Circuit Court of Montgomery
County for a review of such report. Upon such review, the court shall have authority to issue
appropriate orders and judgments in connection therewith, including, if the court finds that
it is to the interest of the public, orders enjoining and restraining the continuance of any
method of competition, act, or practice which it finds, notwithstanding such report of the
commissioner, constitutes a violation of this trade practices law. Subsection (c) of Section
27-12-21 shall apply as to any such review. (Acts 1957, No. 608, p. 865, §10; Acts 1971,
No. 407, p. 707, §248.)...
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8-21C-6
Section 8-21C-6 Change of dealer ownership. (a) If a dealer desires to make a change in ownership
by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give
the manufacturer or distributor written notice at least 15 business days before the closing,
including all supporting documentation as may be reasonably required by the manufacturer or
distributor to determine if an objection to the sale may be made. In the absence of a breach
by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor
may not object to the proposed change in ownership unless any of the following circumstances
is present: (1) The prospective transferee has previously been terminated by the manufacturer
or distributor for breach of its dealer agreement. (2) The prospective transferee has been
convicted of a felony or any crime of fraud, deceit, or moral turpitude. (3) The prospective
transferee lacks any license required by law. (4) The prospective...
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8-32-2
Section 8-32-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADMINISTRATOR. The person designated by a provider to be responsible for the
administration of service contracts or the service contracts plan or to make the filings required
by this chapter. (2) COMMISSIONER. The Commissioner of Insurance of this state. (3) CONSUMER.
A natural person who buys, primarily for personal, family, or household purposes, and not
for resale, any tangible personal property normally used for personal, family, or household
purposes and not for commercial or research purposes. (4) MAINTENANCE AGREEMENT. A contract
of limited duration that provides for scheduled maintenance only. (5) MANUFACTURER. A person
that is one of the following: a. A manufacturer or producer of property that sells the property
under its own name or label. b. A subsidiary of the person who manufactures or produces the
property. c. A corporation which owns at least 80 percent of the...
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2-27-54
Section 2-27-54 License - Suspension, revocation or modification; appeals from actions of commissioner.
(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after
opportunity for a hearing, may revoke or modify the provision of any license issued under
this section if he finds that the licensee is no longer qualified, has engaged in fraudulent
business practices in the custom application of pesticides or has made any custom application
of pesticides in a faulty, careless or negligent manner or has violated or fails or refuses
to comply with any of the provisions and requirements of this article, or regulations promulgated
thereunder. (b) Any person aggrieved by any action of the commissioner in refusing to issue
a license or in revoking any license may obtain a review thereof by filing an appeal to the
board within 15 days after notice of denial or revocation of the license has been received
by the applicant or licensee, which appeal must be heard by the...
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27-7-30
Section 27-7-30 Appointment of producer - Generally. (a) Each insurer appointing a producer
in this state shall file with the commissioner, in a format approved by the commissioner,
a notice of appointment within 15 days from the date the agency contract is executed or the
first insurance application is submitted, whichever occurs first. An insurer may also elect
to appoint a producer to all or some insurers within the insurer's holding company system
or group by the filing of a single appointment request. (b) Upon receipt of the notice of
appointment, the commissioner shall verify within 30 days that the insurance producer is eligible
for appointment. If the insurance producer is determined to be ineligible for appointment,
the commissioner shall notify the insurer within five days of the commissioner's determination.
(c) An insurer shall pay an appointment fee as set forth in Section 27-4-2 for each insurance
producer appointed by the insurer. (d) An insurer shall remit, in a manner...
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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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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE. A person
who directly or indirectly owns or controls, is owned or controlled by, or is under common
ownership or control with, another person. Solely for purposes of this definition, the terms
"owns," "is owned," and "ownership" mean ownership of an equity
interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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