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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply: (1) During the lifetime of the
settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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19-4-2
Section 19-4-2 Deposit of securities authorized; merger, etc., of certificates representing
securities; transfer of ownership, etc., of securities; maintenance of records by fiduciary;
rules and regulations governing banks acting as fiduciaries; certification by fiduciary of
securities deposited. (a) Notwithstanding any other provision of law to the contrary, any
fiduciary holding securities in a fiduciary capacity is authorized, in the absence of specific
provision to the contrary in the governing instrument or court order under which the fiduciary
is acting, to deposit or arrange for the deposit of such securities in a clearing corporation.
(b) When such securities are so deposited, certificates representing securities of the same
class of the same issuer may be merged and held in bulk in the name of the nominee of such
clearing corporation with any other such securities deposited in such clearing corporation
by any person regardless of the ownership of securities and certificates of...
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22-22A-8
Section 22-22A-8 Adoption of rules, regulations and standards; review by director; public notice
and hearing. (a) All rules, regulations or standards shall be adopted by and promulgated by
the Environmental Management Commission. With the exception of editorial changes, no rule,
regulation or standard shall be adopted, amended or repealed unless such rule, regulation
or standard has been reviewed by the director and until after a public hearing has been held.
Unless different notice provisions are specifically required elsewhere by law, at least 45
days prior to the scheduled date of the hearing the department shall give notice of such hearing
by public advertisement in the three newspapers of this state with the largest regional circulation
of the date, time, place and purpose of such hearing; and make available to any person upon
request copies of the proposed rules, regulations or standards, together with summaries of
the reasons supporting their adoption, amendment or repeal. (b)...
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35-8A-304
Section 35-8A-304 Transfer of special declarant rights. (a) No special declarant right specified
in Section 35-8A-103(24) created or reserved under this chapter may be transferred except
by an instrument evidencing the transfer recorded in every county in which any portion of
the condominium is located. The instrument is not effective unless executed by the transferor
and the transferee in the same formality as a conveyance of real property. (b) Upon transfer
of any special declarant right, the liability of a transferor declarant is as follows: (1)
A transferor is not relieved of any obligation or liability arising before the transfer and
remains liable for warranty obligations imposed upon him or her by this chapter. Lack of privity
does not deprive any unit owner of standing to maintain an action to enforce any obligation
of the transferor. (2) If a successor to any special declarant right is an affiliate of a
declarant specified in Section 35-8A-103(1), the transferor is jointly and...
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42-2-7
Section 42-2-7 Commissioners for assessment of damages and compensation - Appointment; notice
to commissioners; duties. If the application is granted, the judge of probate must appoint
three citizens of the county in which the lands sought to be condemned are situated, who shall
possess the qualifications of jurors, who shall be disinterested and who shall be required
to file a certificate along with their award that neither of them had ever been consulted,
advised with or approached by any person in reference to the value of the lands or the proceedings
to condemn the same, prior to the assessment of the damages, and that they knew nothing of
the same before their appointment. The judge of probate is authorized to fill any vacancy
occasioned by the death, resignation, failure to act or any disqualification of any such commissioners
from interest, prior knowledge of the subject matter or by being consulted, advised with or
approached in reference to the condemnation of such lands prior...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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45-20-83.53
Section 45-20-83.53 Notice of refusal; retrieval and voiding of license; records. (a) In Covington
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license, boat license, driver's license, privilege license, or conservation license is found
to be noncollectible for any reason, the judge of probate, or his or her designee, shall notify
the maker or drawer of the negotiable instrument, in writing, that payment of the negotiable
instrument was refused by the drawee and that if the maker or drawer does not pay the holder
thereof the amount due thereon, within 10 days of the mailing of the notice to the maker or
drawer, then the motor vehicle license shall be subject to being retrieved or voided by the
judge of probate without further notice. Written notice by regular mail to the address printed
on the instrument or given by the maker or drawer at the time of issuance shall be conclusively
deemed sufficient and equivalent to notice having been...
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45-34-84.81
Section 45-34-84.81 Procedures governing noncollectible negotiable instruments. (a) In Henry
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license, boat license, driver's license, privilege license, or conservation license is found
to be noncollectible for any reason, the judge of probate, or his or her designee, shall notify
the maker or drawer of the negotiable instrument in writing that payment of the negotiable
instrument was refused by the drawee and that if the maker or drawer does not pay the holder
thereof the amount due thereon within 10 days of the mailing of the notice to the maker or
drawer, then the license shall be subject to retrieval or voided by the judge of probate without
further notice. Written notice by regular mail to the address printed on the instrument or
given by the maker or drawer at the time of issuance of the license shall be conclusively
deemed sufficient and equivalent to notice having been received by the...
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45-35-83.82
Section 45-35-83.82 Noncollectible negotiable instruments; retrieval and voiding of license.
(a) In Houston County, when a negotiable instrument, such as a check or draft, given for a
motor vehicle license is found to be noncollectible for any reason, the judge of probate,
or his or her designee, shall notify the maker or drawer of the negotiable instrument, in
writing, that payment of the negotiable instrument was refused by the drawee and that if the
maker or drawer does not pay the holder thereof the amount due thereon, together with a service
charge of not more than twenty dollars ($20), within 10 days of the mailing of the notice
to the maker or drawer, then the motor vehicle license shall be subject to being retrieved
or voided by the judge of probate without further notice. Written notice by regular mail to
the address printed on the instrument or given by the maker or drawer at the time of issuance
shall be conclusively deemed sufficient and equivalent to notice having been...
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