Code of Alabama

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29-11-1
Section 29-11-1 Transfer of certain state funds to offset costs of services. (a) Notwithstanding
any other provision of law to the contrary, in order to provide for an increase in receipts
into the State General Fund for the funding of the operations of state government, there is
hereby established the authority to transfer from the following state departments state funds
in those amounts as are annually specified in the State General Fund appropriations act beginning
with the fiscal year ending September 30, 2014, and each fiscal year thereafter. Such transfers
shall be for the purpose of providing funds to help offset the costs of state services provided
to the several departments by state entities which are supported by appropriations from the
State General Fund: (1) Alabama Alcoholic Beverage Control Board. (2) Department of Conservation
and Natural Resources. (3) Department of Environmental Management. (4) Department of Finance.
(5) Department of Insurance. (6) Department of...
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34-12-35
Section 34-12-35 Powers generally. The board shall have the power to make all bylaws and rules,
not inconsistent with the constitution and laws of this state, which may be reasonably necessary
for the proper performance of its duties and the regulations of the proceedings before the
board. Notwithstanding any other provision of law, following appropriate review by the Contract
Review Permanent Legislative Oversight Committee, the board may enter into any contract or
agreement relating to the board without further approval. The board shall adopt and have an
official seal. In carrying into effect the provisions of this chapter, the board may, under
the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance
and may also require them to produce books, papers, maps, or documents. Any member of the
board may administer oaths of affirmation to witnesses appearing before the board. Witnesses
officially called by the board shall receive the same...
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34-32-8
Section 34-32-8 Powers of board generally. The board shall have the following powers: (1) To
adopt and amend all bylaws, rules, and regulations necessary or convenient to administer and
carry out the provisions of this chapter and for the conduct of its affairs and functions
consistent with the Constitution and laws of this state which may be reasonably necessary
for the performance of its duties and the regulation of its proceedings, meetings, records,
examinations, and the conduct thereof, and to adopt and promulgate a code of ethics which
shall be binding upon all persons registered under or subject to this chapter. (2) To affix
its official seal to each numbered certificate issued. (3) To hold hearings, administer oaths,
take and record testimony, to make findings, orders, and determinations which shall be subject
to review by the courts of this state in the manner provided by law from decisions of other
boards and commissions. Upon the failure or refusal of any person to comply...
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36-19-4
Section 36-19-4 Right of Fire Marshal, etc., to enter buildings, etc., for purposes of investigations
or inspections. The Fire Marshal, his deputies or any of his assistants may at all hours enter
any building or premises within this state for the purpose of making an investigation or inspection
which under the provisions of this article he or they may deem necessary to be made. (Acts
1919, No. 701, p. 1013, §5; Code 1923, §976; Code 1940, T. 55, §50.)...
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40-29A-3
Section 40-29A-3 Tax amnesty program. (a) The department shall develop and implement a tax
amnesty program in accordance with the provisions of this chapter. The commissioner may provide
by rule as necessary for the administration and implementation of the program. The commissioner
shall publicize the program in order to maximize the public awareness of and participation
in the program. The commissioner, for purpose of publicizing the program, may contract with
any advertising agency within or outside this state and use public service announcements,
pamphlets, mail notices, and print, television, and radio announcements. Such publications
shall include increasing public awareness that the program will provide amnesty for sales
and use tax due on internet, mail order, or other purchases made from out-of-state vendors
for which Alabama sales or use tax was not charged at the time of purchase. In furthering
the collections of amnesty, the commissioner may procure amnesty program...
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9-10B-22
Section 9-10B-22 Implementation of use restriction alternatives; conditions, limitations, or
restrictions on certificate of use. (a) Upon the designation of any area of the state as a
capacity stress area where the commission specifically finds the implementation of a use restriction
alternative is necessary because the aggregate existing or reasonably foreseeable uses of
the waters of the state in such an area exceed or will exceed the availability of such waters
and is required to protect the availability of the waters of the state within such area, the
commission shall immediately initiate rule-making procedures to consider appropriate conditions
or limitations applicable to all certificates of use within such area; provided, however,
that the commission shall not adopt or promulgate any rule or regulation with respect to any
capacity stress area without the concurrence of 13 of the members of the commission. Any such
conditions or limitations shall be confined to matters necessary...
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9-16-73
Section 9-16-73 Surface Mining Commission - Creation; composition; officers; compensation;
meetings; offices; funds; removal of members. (a) There is continued as previously established
the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining
Commission for the purpose of transition in implementing and enforcing this article and carrying
out the intent and policy stated in Section 9-16-71. All members of the commission appointed
under authority of Section 9-16-33, shall continue their terms as created under that section
until all reappointments and filling of vacancies have been filled in the manner as provided
in this section. At the expiration of any term, that member shall continue in office until
an appointment occurs as provided in this section. After February 25, 1994, no member shall
serve more than two full consecutive terms of office. (b) The commission shall be composed
of seven members, who are fair and reasonable citizens of the state...
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9-16-80
Section 9-16-80 Surface Mining Control and Reclamation Division - Creation; director; chief;
transfer of books, records, powers, rights, and personnel. (a) There is hereby created a Division
of Surface Mining Control and Reclamation within the Alabama Surface Mining Commission to
enforce the provisions of this article. The division shall have such powers and authority
as may be delegated by the director of the commission. (b)(1) The director shall appoint a
chief of the division and shall fix his compensation as an unclassified employee in the state
Merit System. (2) The chief shall be the chief executive officer of the division and shall
administer in the name of the division that power and authority delegated to the division
by the director. The chief may, with the approval of the director, establish such sections
within the division as may be necessary to enforce this article and the rules, regulations
and standards promulgated thereunder. (c) Any books, records, equipment,...
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9-16-89
Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining and reclamation
permit application has been approved but before such a permit is issued, the applicant shall
file with the regulatory authority, on a form prescribed and furnished by the regulatory authority,
a bond for performance payable to the state and conditioned upon faithful performance of all
the requirements of this article and the permit. The bond shall cover all lands disturbed
by the surface coal mining operation and the amount of the initial bond shall be such to cover
that area of land within the permit area upon which the operator will initiate and conduct
surface coal mining and reclamation operations within the initial term of the permit. As succeeding
increments of surface coal mining and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the regulatory authority an additional
bond or bonds to cover such increments in...
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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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