34-17-5
Section 34-17-5 Grounds for disciplinary actions. (a) Each of the following facts shall constitute
a ground for disciplinary action: (1) That the holder of a certificate of registration is
practicing in violation of this chapter or the rules of the board. (2) That the holder of
a certificate has obtained the certificate by fraud or misrepresentation, or that the person
named in the certificate has obtained it by fraud or misrepresentation. (3) That the holder
of a certificate is impersonating a landscape architect or former landscape architect of the
same or similar name, or is practicing under an assumed, fictitious, or corporate name. (4)
That the holder of a certificate has aided or abetted in the practice of landscape architecture
any person not authorized to practice landscape architecture under this chapter. (5) That,
in the practice of landscape architecture, the holder of a certificate has been found guilty
of fraud or deceit. (6) That, in the practice of landscape...
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34-22-8
Section 34-22-8 Disciplinary action; charges; hearing; judicial procedure; appeals; sanctions;
immunity of board, etc., from suit. (a) Any person, including a licensed optometrist may initiate
a charge of violation of the provisions of this chapter or a charge of misconduct by a licensed
optometrist by filing with the secretary of the board a written statement under oath of the
charge or charges against the accused. If a member of the board files a charge, the member
shall not participate in the hearing or disposition of the charge, except to the extent of
giving testimony in connection with the charge. The member filing the charge shall not be
present during the hearing or deliberation of the charge except to give testimony. A discreet
preliminary investigation into the charge or charges shall be made by the board, after which,
if the board is reasonably satisfied that the charge or charges are not frivolous, the board
shall hear the charge or charges under rules of procedure to be...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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34-8A-17
Section 34-8A-17 Injunction, mandamus, etc. When it shall appear to the board that any person
has engaged or is about to engage in any act or practice constituting a violation of any provision
of this chapter or any rule or order hereunder, the board in its discretion and in its own
name may bring an action in any court of competent jurisdiction to enjoin such acts or practices,
and to enforce compliance with this chapter or any rule or order hereunder, regardless of
whether criminal proceedings have been or may be instituted. Upon a proper showing, a permanent
or temporary injunction, restraining order or writ of mandamus shall be granted. (Acts 1979,
No. 79-423, p. 649, §17.)...
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34-9-17
Section 34-9-17 Use of names. (a) Any person or persons may practice or offer to practice dentistry
in connection with any dental office or offices by or under the use of a name other than their
own provided their name or names as they appear on their license certificate granted to him
or them as a dentist pursuant to this chapter appear in a reasonably dignified manner either
following or beneath any name selected and further provided that such person or persons are
personally present in their office or offices operating as a dentist or personally overseeing
such operations as they are performed in their office or each of their offices. When an associate
in practice is on temporary active duty with the armed forces, his or her name may continue
to appear in connection with the practice of dentistry at any office or offices. Nothing herein
shall allow or permit any person or persons to select a name that suggests or implies a nonprofit
or charitable activity. The violation of any of...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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41-16-86
Section 41-16-86 Violations. (a) A person who knowingly violates this article shall be subject
to civil penalty in an amount of ten thousand dollars ($10,000), or 10 percent of the amount
of the contract, whichever is less, to be deposited in the State General Fund. The statute
of limitations for the acts covered in this article shall be one year. Any action brought
to enforce the provisions of this article shall be initiated by the Attorney General in the
circuit or district court in the county in which the awarding entity is located. (b) If there
is a finding of a knowing violation of this article, the contract or grant shall be voidable
by the awarding entity. (Act 2001-955, 2001 3rd Sp. Sess., p. 815, §7.)...
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7-3-305
Section 7-3-305 Defenses and claims in recoupment. (a) Except as stated in subsection (b),
the right to enforce the obligation of a party to pay an instrument is subject to the following:
(1) A defense of the obligor based on (i) infancy of the obligor to the extent it is a defense
to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction
which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced
the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn
of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
(2) A defense of the obligor stated in another section of this article or a defense of the
obligor that would be available if the person entitled to enforce the instrument were enforcing
a right to payment under a simple contract; and (3) A claim in recoupment of the obligor against
the original payee of the instrument if the claim arose...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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8-32-12
Section 8-32-12 Service contracts prior to January 1, 1998. Service contracts entered into
prior to January 1, 1998, and renewals thereof, may but are not required to comply with this
chapter. Providers and other persons are not required to comply with this chapter until January
1, 1998. A provider or other person may, but is not required to, implement the requirements
of this chapter prior to January 1, 1998. The failure of a provider or other person to comply
with this chapter or otherwise to administer a service contract plan, in the manner required
by this chapter prior to January 1, 1998, shall not be admissible in any court, arbitration,
or alternative dispute resolution proceedings or otherwise used to prove that the action of
any person or the service contract was unlawful or otherwise improper. (Acts 1997, No. 97-445,
p. 753, §13.)...
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