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9-16-11
Section 9-16-11 Enforcement of provisions of article - Institution of civil action for enforcement
of final order of director; engaging in surface mining without valid permit; willful misrepresentations,
etc., in applications; rights of exception and appeal. (a) Should the director determine that
any final order or determination made by him, not then the subject of judicial review, is
being violated by any operator, then the director may cause to have instituted a civil action
in any court of competent jurisdiction to forfeit the bond of the operator as to land affected
by the operator's violation of this article or for injunctive or other appropriate relief
to prevent any further or continued violation of such final order or determination. (b) Any
person required by this article to have a permit who engages in surface mining without a valid
permit to do so as prescribed by this article shall be deemed guilty of a violation of this
article and, upon complaint made by the director in a...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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10A-2A-8.31
Section 10A-2A-8.31 Standards of liability for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) A director shall not be liable to the corporation or its stockholders
for any decision to take or not to take action, or any failure to take any action, as a director,
unless the party asserting liability in a proceeding establishes that: (1) no defense interposed
by the director based on (i) any provision in the certificate of incorporation authorized
by Section 10A-2A-2.02(b)(4) or by Section 10A-2A-2.02(b)(6), or (ii) the protection afforded
by Section 10A-2A-8.60, precludes liability; and (2) the challenged conduct consisted or was
the result of: (i) action not in good faith; or (ii) a decision (A) which the director did
not reasonably believe to be in the best interests of the corporation, or (B) as to which
the director was not informed to an extent the director reasonably believed appropriate in
the circumstances; or (iii) a lack of objectivity due to the...
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22-21-225
Section 22-21-225 Federal funds. In the event any federal funds are made available to the state
by the federal government, or any agency or instrumentality thereof, for use in carrying out
the purposes of this article, the State Board of Health is authorized to take such action
and promulgate and adopt such rules and regulations as may be necessary in order to qualify
for and obtain such funds. Nothing contained in this section shall be construed to prevent
the Department of Human Resources from complying with the requirements of the federal Social
Security Act, as amended, in relation to the administration by said department of the program
of medical care, including hospitalization, for persons eligible for public assistance. Nothing
contained in this section shall be construed to prevent the State Department of Education
from carrying out the provisions of the approved state plans for Vocational Rehabilitation
Service and Crippled Children's Service in cooperation with the United...
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33-1-25
Section 33-1-25 Port authority authorized to carry fire and casualty and public liability insurance.
The Alabama State Port Authority is hereby authorized to provide insurance covering loss or
damage to its properties, or any properties of others in its custody, care or control, or
any properties as to which it has any insurable interest, caused by fire or other casualty;
and may likewise provide insurance for the payment of damages on account of the injury to
or death of persons, and the loss of or destruction of properties of others; and may pay the
premiums thereon out of the revenues of the port authority. Nothing herein shall be construed
to authorize or permit the institution of any civil action or proceeding in any court against
the port authority for or on account of any matters referred to in this section; provided,
that any contracts of insurance herein authorized may, in the discretion of the director of
the port authority, provide for a direct right of action against the...
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41-9-351
Section 41-9-351 Commission may provide for insurance for properties and employees. (a) The
commission may provide insurance covering loss or damage to its properties or any properties
of others in its custody, care, or control or any properties as to which it has any insurable
interest caused by fire or other casualty and may likewise provide insurance for the payment
of damages on account of the injury or death of persons and the loss or destruction of properties
of others, and may pay the premiums out of the revenues of the commission. Nothing in this
section shall be construed to authorize or permit the institution of any civil action or proceeding
in any court against the commission for or on account of any matter referred to in this section.
Any contracts of insurance authorized by this section may, in the discretion of the chair
of the commission, provide for a direct right of action against the insurance carrier for
the enforcement of any claims or causes of action. (b) The...
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41-9-961
Section 41-9-961 Insurance; civil actions; liability. (a) The commission may provide insurance
covering loss or damage to its properties or any properties of others in its custody, care,
or control, or any properties as to which it has any insurable interest caused by fire or
other casualty and may likewise provide insurance for the payment of damages on account of
the injury to or death of persons and the loss of or destruction of properties of others,
and may pay the premiums out of the revenues of the commission. Nothing in this section shall
be construed to authorize or permit the institution of any civil action or proceeding in any
court against the commission for or on account of any matter referred to in this section;
provided, any contracts of insurance authorized by this section may, in the discretion of
the chair of the commission, provide for a direct right of action against the insurance carrier
for the enforcement of any claims or causes of action. (b) The liability under...
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45-37A-100.02
Section 45-37A-100.02 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CITY. The City of Center Point, Alabama. (2) CIVIL VIOLATION.
A violation of the ordinance authorized by this article, the penalty for which violation shall
be the payment of a fine, the enforcement of which will not be otherwise permissible. (3)
FINE. The monetary amount assessed by the City of Center Point pursuant to the ordinance authorized
by this article for a determination of civil liability for a traffic signal violation, stop
sign violation, or speeding violation, which may include administrative hearing costs associated
with the infraction. (4) OWNER. The owner of a motor vehicle as shown on the motor vehicle
registration records of the Alabama Department of Revenue or the analogous department or agency
of another state or nation. The term shall not include motor vehicles displaying dealer license
plates, in which event owner shall mean the person to whom the...
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7-2A-506
Section 7-2A-506 Statute of limitations. (1) An action for default under a lease contract,
including breach of warranty or indemnity, must be commenced within 4 years after the cause
of action accrued. By the original lease contract the parties may reduce the period of limitation
to not less than one year. (2) A cause of action for default accrues when the act or omission
on which the default or breach of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity
accrues (a) in the case of an indemnity against liability, when the act or omission on which
the claim for indemnity is based is or should have been discovered by the indemnified party,
or when the default occurs, whichever is later, (b) in the case of an indemnity against loss
or damage, when the person indemnified makes payment thereof. A cause of action for damages
for injury to the person in the case of consumer goods accrues...
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8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person
or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,
in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no
case shall the penalty against a person or entity for that violation exceed one hundred thousand
dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers
to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not
to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale,
provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand
dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to
any penalty prescribed by law, any corporation,...
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