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10A-2A-7.24
Section 10A-2A-7.24 Acceptance of votes and other instruments. (a) If the name signed on a
vote, ballot, consent, waiver, stockholder demand, or proxy appointment corresponds to the
name of a stockholder, the corporation, if acting in good faith, is entitled to accept the
vote, ballot, consent, waiver, stockholder demand, or proxy appointment and give it effect
as the act of the stockholder. (b) If the name signed on a vote, ballot, consent, waiver,
stockholder demand, or proxy appointment does not correspond to the name of its stockholder,
the corporation, if acting in good faith, is nevertheless entitled to accept the vote, ballot,
consent, waiver, stockholder demand, or proxy appointment and give it effect as the act of
the stockholder if: (1) the stockholder is an entity and the name signed purports to be that
of an officer or agent of the entity; (2) the name signed purports to be that of an administrator,
executor, guardian, or conservator representing the stockholder and, if the...
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11-20-73
Section 11-20-73 Powers of authority; execution of contracts; disposition of funds. (a) An
agriculture authority shall have the following powers, which it may exercise in the agriculture
authority's authorized operational area: (1) To have succession by its corporate name until
dissolved as provided in this article. (2) To adopt bylaws making provisions for its actions
not inconsistent with this article. (3) To institute and defend legal proceedings in any court
of competent jurisdiction and proper venue; provided, however, that the board may not be sued
in any trial court other than the courts of the county of incorporation; provided, further,
that the officers, directors, agents, and employees of an agriculture authority may not be
sued for their actions in behalf of the authority except for actions that are unreasonable
or known by the person to be unlawful or are performed with reckless disregard for the lawfulness
of such actions. (4) To plan for construction and development of an...
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25-5-339
Section 25-5-339 Confidentiality of information. (a) All information, interviews, reports,
statements, memoranda, and test results, written or otherwise, received by the employer through
a substance abuse testing program are confidential communications, but may be used or received
in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding,
except as provided in subsection (c). (b) Employers, laboratories, medical review officers,
employee assistance programs, drug or alcohol rehabilitation programs, and their agents who
receive or have access to information concerning test results shall keep all information confidential.
Release of such information under any other circumstance shall be solely pursuant to a written
consent form signed voluntarily by the person tested, unless the release is compelled by an
agency of the state or a court of competent jurisdiction or unless deemed appropriate by a
professional or occupational licensing board in a related...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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32-7-2
Section 32-7-2 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except in those instances where
the context clearly indicates a different meaning: (1) DIRECTOR. The Director of Public Safety
of the State of Alabama. (2) JUDGMENT. Any judgment which shall have become final by expiration
without appeal of the time within which an appeal might have been perfected, or by final affirmation
on appeal rendered by a court of competent jurisdiction of any state or of the United States,
upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle,
for damages, including damages for care and loss of services, because of bodily injury to
or death of any person, or for damages because of injury to or destruction of property, including
the loss of use thereof, or upon a cause of action on an agreement of settlement for those
damages. (3) LICENSE. Any license, temporary instruction...
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34-34A-14
Section 34-34A-14 License denial, revocation, etc.; hearing procedures, reinstatement. (a)
The board may deny a license, refuse to renew a license, suspend a license, or revoke a license,
or it may reprimand, censure, or otherwise discipline a person practicing dietetics/nutrition
or offering to practice dietetics/nutrition in accordance with the provisions of this section
upon decision and after due hearing in any one of the following cases: (1) Upon proof that
such person has willfully or repeatedly violated any of the provisions of this chapter or
the rules enacted in accordance therewith; or willfully or repeatedly acted in a manner inconsistent
with the health, welfare, and safety of the public, (2) Upon proof that such person's conduct
is immoral, unprofessional, or dishonorable, (3) Upon proof that such person is guilty of
fraud or deceit in the practice of dietetics/nutrition or in his/her admission to such practice,
or (4) Upon proof that such person has been convicted in a...
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41-10-625
Section 41-10-625 Powers of the authority. The authority shall have, in addition to all other
powers granted to it in this division, all of the following powers: (1) To have succession
by its corporate name until dissolved as herein provided. (2) To institute and defend legal
proceedings in any court of competent jurisdiction and proper venue; provided, however, that
the authority may not be sued in any nisi prius court other than the courts of the county
in which is located the principal office of the authority; and provided further that the officers,
directors, agents, and employees of the authority may not be sued for actions in behalf of
the authority in any nisi prius court other than the courts of the county in which is located
the principal office of the authority. (3) To have and to use a corporate seal and to alter
the seal at pleasure. (4) To establish a fiscal year. (5) To adopt, and from time to time
amend and repeal, bylaws, rules, and regulations not inconsistent with...
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41-9-80.7
Section 41-9-80.7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a person knowingly
and willfully fails to give notice in violation of Section 41-9-80.3, the Securities Commission,
after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose
an assessment of up to the amount of the payment or obligation to pay and a civil penalty
of up to one thousand dollars ($1,000) or ten percent of the payment or obligation to pay,
whichever is greater. (b)(1) If a person fails to pay the assessment and civil penalty imposed
by subsection (a), the assessment and civil penalty may be recovered from the person by an
action brought by the Securities Commission in any court of competent jurisdiction. (2) Notwithstanding
any provision of law to the contrary, an alleged failure by a convicted individual to give
notice under Section 41-9-80.3 may not result in...
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41-9-85.6
Section 41-9-85.6 Failure to provide notice; penalties; costs and expenses of Securities Commission.
(a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2,
the Securities Commission, after notice and hearing pursuant to the Alabama Administrative
Procedure Act, may impose an assessment of up to the amount of the payment or obligation to
pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment
or obligation to pay, whichever is greater. (b)(1) If a person fails to pay the assessment
and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered
from the person by an action brought by the Securities Commission in any court of competent
jurisdiction. (2) Notwithstanding any provision of law to the contrary, an alleged failure
by a convicted individual to give notice under Section 41-9-85.2 may not result in proceedings
for an alleged violation of the conditions of probation,...
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