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6-5-156.2
Section 6-5-156.2 Dismissal of complaint filed by private citizen; prosecution by district
attorney or prosecuting attorney; substitution of complainant. (a) If a complaint is filed
by a private citizen, it may not be dismissed except upon a sworn statement by the complainant
and his or her attorney, setting forth the reason why the action should be dismissed. A copy
of the sworn statement shall be sent to the Attorney General and the district attorney at
least seven days prior to its presentment to the court. (b) If the court is of the opinion
that the action should not be dismissed, it may direct the district attorney or prosecuting
attorney to prosecute the action to judgment. (c) Any citizen of the county in which the alleged
drug-related nuisance is located, or an interested community-based organization, may be substituted
for the complainant and prosecute the action to judgment. (Acts 1996, No. 96-566, p. 849,
§13.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.2.htm - 1K - Match Info - Similar pages
8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-10.htm - 5K - Match Info - Similar pages
9-17-22
Section 9-17-22 Illegal oil, gas or product - Seizure, condemnation and sale. Apart from and
in addition to any other remedy or procedure which may be available to the board or any penalty
which may be sought against or imposed upon any person with respect to violations relating
to illegal oil, illegal gas or illegal product, all illegal oil, illegal gas and illegal products
shall, except under such circumstances as are stated in this section, be contraband, forfeited
to the State of Alabama and shall be seized and sold and the proceeds applied as provided
in this section. When any such seizure shall have been made, it shall be the duty of the Attorney
General of the state to institute at once condemnation proceedings in the circuit court of
the county in which such property is seized by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of such illegal property, if known, to obtain a judgment...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-22.htm - 2K - Match Info - Similar pages
13A-6-162
Section 13A-6-162 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person, corporation,
or other legal entity who engages in any act or practice that violates this article is liable
for a civil penalty of up to fifty thousand dollars ($50,000) for each violation. (b) Any
person, corporation, or other legal entity who violates the terms of an injunction or order
issued under this article shall forfeit and pay a civil penalty of not more than seventy-five
thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose
of this section, any court issuing an injunction or order under this article shall retain
jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.
(c) Upon a second or continuing violation of an injunction after imposition of the sanctions
in subsection (b), and upon petition by the Attorney General,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-162.htm - 2K - Match Info - Similar pages
18-1A-270
Section 18-1A-270 Application to probate court for order of condemnation; bond or security
and affidavit not required of state or counties; authority from Governor to bring suit. The
State of Alabama, or any county, municipality, the University of Alabama, Auburn University,
the University of Montevallo or any corporation organized under the laws of this state, or
any person or association of persons, proposing to take lands, or to acquire an interest or
easement therein, for any uses for which private property may be taken, may, if there be no
other mode of proceeding prescribed by law, apply to the probate court of the county in which
such lands, or a material portion thereof, may be situate, for an order of condemnation thereof
to such uses. The state or any county may institute and maintain the proceedings herein authorized,
in its own name, without giving bond or security or causing affidavit to be made, though the
same may be required if the action were between private citizens....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-270.htm - 1K - Match Info - Similar pages
22-21-276
Section 22-21-276 Injunctive relief; issuance of license for inpatient beds or facilities in
violation of article prohibited; facilities in violation of article not to receive reimbursement
for services. (a) Injunctive relief against violations of this article or any reasonable rules
and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County,
Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely
affected in the exercise of privileges thereunder by such violation or any member of the public
directly and adversely affected by such violation. Upon written request by the SHPDA, it shall
be the duty of the Attorney General of the State of Alabama to furnish such legal services
as may be appropriate and to prosecute such action for injunctive relief to an appropriate
conclusion. (b) The State Board of Health shall not issue a license to operate new inpatient
beds or any health care facility constructed, or acquired in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-276.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-2-36.htm - 4K - Match Info - Similar pages
41-16-86
Section 41-16-86 Violations. (a) A person who knowingly violates this article shall be subject
to civil penalty in an amount of ten thousand dollars ($10,000), or 10 percent of the amount
of the contract, whichever is less, to be deposited in the State General Fund. The statute
of limitations for the acts covered in this article shall be one year. Any action brought
to enforce the provisions of this article shall be initiated by the Attorney General in the
circuit or district court in the county in which the awarding entity is located. (b) If there
is a finding of a knowing violation of this article, the contract or grant shall be voidable
by the awarding entity. (Act 2001-955, 2001 3rd Sp. Sess., p. 815, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16-86.htm - 1K - Match Info - Similar pages
45-49-170.72
Section 45-49-170.72 Hearing; appeal. (a) Within the time specified in the notice, any person,
firm, or corporation having an interest in the building or structure may file a written request
for a hearing before the county commission, together with any objections to the finding by
the appropriate county official that the building or structure constitutes a public nuisance.
The filing of such a request shall hold in abeyance any action on the finding of the county
official until a determination is made by the county commission. A hearing shall be held not
less than five nor more than 30 days after it is requested. At the hearing the county commission
shall determine whether or not the building or structure constitutes a public nuisance. If
no hearing is timely requested, the county commission shall determine if a nuisance exists
at the expiration of the 60 day period following notice. In the event that it is determined
by the county commission that a building or structure constitutes a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-170.72.htm - 2K - Match Info - Similar pages
45-8-232.20
Section 45-8-232.20 Rehabilitation board; rules and regulations; inmate wages; escape from
custody; work release program requests; annual report. (a) This section shall apply to Calhoun
County. (b) The following words shall have the following meanings: (1) BOARD. The Calhoun
County Rehabilitation Board, which shall be composed of the sheriff who shall act as chair;
the district attorney; the senior circuit judge; the senior district judge; and a fifth person
to be selected by the Calhoun County Commission. (2) INMATE. Any person convicted of a crime
and sentenced to the county jail or state prison. (c)(1) The board shall adopt written procedures
of operation and administration and shall elect one of its members as chair on an annual basis.
Meetings shall generally be conducted in accordance with Robert's Rules of Order. (2) Any
rules, regulations, or policies promulgated by the board shall be written upon the minutes
of the board, and shall be acknowledged and signed by each member of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8-232.20.htm - 6K - Match Info - Similar pages
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