15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State
of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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27-29A-8
Section 27-29A-8 Confidentiality. (a) Documents, materials, or other information, including
the ORSA Summary Report, in the possession of or control of the Department of Insurance that
are obtained by, created by, or disclosed to the commissioner or any other person under this
chapter, are recognized by this state as being proprietary and to contain trade secrets. All
such documents, materials, or other information shall be confidential by law and privileged,
shall not be subject to any open records, freedom of information, sunshine, or other public
record disclosure laws, shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action. However, the commissioner is authorized
to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner's official duties. The commissioner
shall not otherwise make the documents, materials, or other information...
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34-14A-6
Section 34-14A-6 Exemptions. This chapter does not apply to: (1) Any employee of a licensee
who does not hold himself or herself out for hire or engage in residential home building,
except as such employee of a licensee. (2) An authorized employee of the United States, the
State of Alabama, or any municipality, county, or other political subdivision, if the employee
does not hold himself or herself out for hire or otherwise engage in residential home building
except in accordance with his or her employment. (3) General contractors holding a current
and valid license, issued prior to January 1, 1992, under Chapter 8 of this title. (4) Real
estate licensees, licensed engineers, and licensed architects operating within the scope of
their respective licenses on behalf of clients. (5) a. Owners of property when acting as their
own contractor and providing all material supervision themselves, when building or improving
one-family or two-family residences on such property for the occupancy or...
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34-2A-13
Section 34-2A-13 Disciplinary actions; review. (a) The board may discipline its licensees by
the adoption and collection of administrative fines, not to exceed five thousand dollars ($5,000)
per violation, and may institute any legal proceedings necessary to effect compliance with
this chapter. (b) The license of any person practicing or offering to practice assisted living
administration may be revoked or suspended by the board, or the person may be reprimanded,
censured, or otherwise disciplined in accordance with the provisions of this section upon
decision and after due hearing in any of, but not limited to, the following cases: (1) Upon
proof that the person has willfully or repeatedly violated any of the provisions of this chapter
or the rules enacted in accordance with this chapter. (2) Conduct or practices deemed to be
detrimental to the lives, health, safety, or welfare of the residents or patients of any assisted
living facility or health care facility in this state or any...
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39-5-3
Section 39-5-3 Actions to recover funds received under such contracts. An action shall be brought
by the Attorney General or may be brought by any interested citizen, in the name and for the
benefit of the awarding authority, to recover paid public funds from the contractor, its surety,
or any person receiving funds under any public works contract let in violation of or contrary
to this title or any other provision of law, if there is clear and convincing evidence that
the contractor, its surety, or such person knew of the violation before execution of the contract.
The action shall be commenced within three years of final settlement of the contract. (Acts
1961, No. 868, p. 1361, §2; Acts 1997, No. 97-225, p. 348, §1.)...
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5-19-29
Section 5-19-29 Injunctions. (a) The administrator may bring an action to restrain a creditor
or a person acting in his behalf from engaging in any business subject to licensing under
subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in
Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations
of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing
debtors to enter credit transactions or in the collection of debts. (b) With respect to an
action brought to enjoin violations of the chapter or fraudulent or unconscionable conduct,
the administrator may apply to the court for appropriate temporary relief against a defendant,
pending final determination of the proceedings. If the court finds, after a hearing held upon
notice to the defendant, that there is reasonable cause to believe that the defendant is engaging
in or is likely to engage in conduct which violates this chapter or...
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8-1-151
Section 8-1-151 Creditor of losing party under gambling contract may garnish winner. (a) Any
creditor of a losing party under a gambling contract may garnish the winner as other debtors
are garnished at any time within two years from the payment of such money or delivery of such
thing, and if such garnishee fails to appear, judgment may be entered against him as against
other garnishees failing to answer, but the answer of a garnishee shall not be evidence against
him in a criminal prosecution. (b) A judgment recovered by a creditor under the provisions
of this section is a defense to any action brought by any person under the provisions of Section
8-1-150. (Code 1852, §§1565, 1566; Code 1867, §§1877, 1878; Code 1876, §§2134, 2135;
Code 1886, §§1745, 1746; Code 1896, §§2166, 2167; Code 1907, §§3341, 3342; Code 1923,
§§6811, 6812; Code 1940, T. 9, §§47, 48.)...
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8-19A-20
Section 8-19A-20 Criminal prosecuting authority. The division or other enforcing authority
shall have criminal prosecuting authority concerning the violations of this chapter or of
any rule or order hereunder. In addition to any other action, the division or other enforcing
authority may bring an action against any person to enjoin, restrain, and prevent the doing
of any act or practice herein prohibited or declared unlawful. (Acts 1994, No. 94-650, p.
1220, §20.)...
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10A-2A-13.40
Section 10A-2A-13.40 Other remedies limited. (a) The legality of a proposed or completed corporate
action described in Section 10A-2A-13.02(a) may not be contested, nor may the corporate action
be enjoined, set aside or rescinded, in a legal or equitable proceeding by a stockholder after
the stockholders have approved the corporate action. (b) Subsection (a) does not apply to
a corporate action that: (1) was not authorized and approved in accordance with the applicable
provisions of: (i) Article 9, 10, 11, or 12 of this chapter or Article 8 of Chapter 1; (ii)
the certificate of incorporation or bylaws; or (iii) the resolution of the board of directors
authorizing the corporate action; (2) was procured as a result of fraud, a material misrepresentation,
or an omission of a material fact necessary to make statements made, in light of the circumstances
in which they were made, not misleading; (3) is an interested transaction, unless it has been
recommended by the board of directors in the...
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11-65-12
Section 11-65-12 Review of commission action. Any person aggrieved by the refusal of a commission
to issue any license or permit, or the suspension or revocation of a license or permit, the
imposition of a fine, the disapproval of a contract, or any other action or failure of action
by the commission, may, within 60 days of such action or failure of action, appeal to the
circuit court of the host county. If such court finds that the action of such commission,
or its failure to take action, was arbitrary, unreasonable, or contrary to the provisions
of this chapter, it shall order the issuance or reinstatement of such license or permit, the
abatement of such fine, the approval of such contract, or such other remedial action as it
deems appropriate in the circumstances. The decision of such court shall be subject to appeal
as in other cases at law. (Acts 1984, No. 84-131, p. 159, §12; Acts 1991, No. 91-187, p.
246, §11.)...
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