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5-18-10
Section 5-18-10 Examinations of licensees; investigations; enforcement powers of supervisor.
(a) Annual examinations of licensees. At least once each year and at such other time as may
be deemed necessary by the Supervisor of the Bureau of Loans, an examination shall be made
of the place of business of each licensee and of the loans, transactions, books, papers, and
records of the licensee so far as they pertain to the business licensed under this chapter.
As cost of examination, the licensee shall pay to the Bureau of Loans the actual cost of each
examination, the amount of which shall be reasonably prescribed under rules and regulations
promulgated by the Superintendent of Banks; provided, however, the cost for each day of examination
by each examiner shall not exceed eight times the average hourly rate for auditing purposes
as charged by three recognized certified public accountancy firms in the City of Montgomery,
Alabama. In addition thereto, the licensee shall pay as per diem the...
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8-19A-11
Section 8-19A-11 Denial of license. (a) The division may deny licensure to any applicant who:
(1) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property, or any other crime involving moral
turpitude. Conviction includes a finding of guilt where adjudication has been withheld. (2)
Has had entered against him or her or any business for which he or she has worked or been
affiliated, an injunction, a temporary restraining order, or a final judgment or order, including
a stipulated judgment or order, an assurance of voluntary compliance, or any similar document,
in any civil or administrative action involving racketeering, fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property or the use of any untrue or misleading
representation in an attempt to sell or dispose of real or personal property or the use of
any unfair, unlawful, or deceptive trade practice. (3) Is subject to or...
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9-10B-5
Section 9-10B-5 Functions and duties of Office of Water Resources. The general functions and
duties of the Office of Water Resources shall be as follows: (1) To develop long-term strategic
plans for the use of the waters of the state by conducting and participating in water resource
studies and by administering the laws established by this chapter and regulations promulgated
hereunder; (2) Acting through the commission, to adopt and promulgate rules, regulations,
and standards for the purposes of this chapter, and to develop policy for the state regarding
the waters of the state; (3) To implement quantitative water resource programs and projects
for the coordination, conservation, development, management, use, and understanding of the
waters of the state; (4) To serve as a repository for data regarding the waters of the state;
(5) To, at its discretion, study, analyze, and evaluate in coordination with, or with the
assistance of, other agencies of the state, the federal government, any...
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34-8A-18
Section 34-8A-18 Penalties; review; disciplinary oversight of licensees; legal counsel. (a)
In addition to any other powers and functions which may be conferred upon it by law, the board
may issue an order assessing a civil penalty not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) against any person who holds himself or herself
out to the public as a licensed professional counselor or associate licensed counselor or
who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2,
or who shall engage in the private practice of counseling and does not then possess in full
force and virtue a valid license to engage in private practice as a licensed professional
counselor or associate licensed counselor under this chapter. (b) In determining the amount
of any penalty, the board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
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10A-2A-2.07
Section 10A-2A-2.07 Forum selection provisions. (a) The certificate of incorporation or the
bylaws may require that any or all internal corporate claims shall be brought exclusively
in any specified court or courts of this state and, if so specified, in any additional courts
in this state or in any other jurisdictions with which the corporation has a reasonable relationship.
(b) A provision of the certificate of incorporation or bylaws adopted under subsection (a)
shall not have the effect of conferring jurisdiction on any court or over any person or claim,
and shall not apply if none of the courts specified by that provision has the requisite personal
and subject matter jurisdiction. If the court or courts of this state specified in a provision
adopted under subsection (a) do not have the requisite personal and subject matter jurisdiction
and another court of this state does have jurisdiction, then the internal corporate claim
may be brought in the other court of this state,...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b)
All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of
their charges, or any part thereof, shall be begun within two years from the time the cause
of action accrues and not after. (c) For recovery of charges, action shall be begun against
common carriers of property by motor vehicles subject to this article within two years from
the time the cause of action accrues and not after, except as provided in subsection (d) of
this section; provided, that if claim for the overcharge has been presented in writing to
the carrier within the two-year period of limitation, said period shall be extended to include
six months from the time notice in writing is given by the carrier to the claimant...
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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or order
issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per
violation and shall be adjudged in contempt. For the purpose of this section, any circuit
court issuing an injunction or order under this chapter shall retain jurisdiction, and in
such cases the Attorney General or the district attorney acting in the name of the state may
petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in
or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall
forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the
Attorney General or a district attorney acting in the name of the state to the circuit court
for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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8-7A-6
Section 8-7A-6 Application for license. (a) A person applying for a license under this chapter
shall do so in a form and in a medium prescribed by the commission. The application shall
contain all of the following information: (1) The legal name, the residential address of the
applicant if the applicant is an individual, the business addresses of the applicant, and
any fictitious or trade name used by the applicant in conducting its business. (2) A list
of any criminal convictions of the applicant and any material litigation in which the applicant
has been involved in the 10-year period preceding the submission of the application. (3) A
description of any money transmission services previously provided by the applicant. (4) A
list of the proposed authorized delegates of the applicant and the locations in this state
where the applicant and its authorized delegates propose to engage in money transmission services.
(5) A list of other states in which the applicant is licensed to engage in...
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11-52-33
Section 11-52-33 Remedies and penalty for transfer, sale, etc., of lands in subdivision prior
to approval of plat. (a) Where the regulation of a subdivision development is the responsibility
of the municipal planning commission, if the owner or agent of the owner of any land located
within a subdivision conveys, transfers, or sells any land by reference to or exhibition of
or by other use of a plat of a subdivision before the plat has been approved by the appropriate
commission, department, or agency of any municipality requiring such approval and recorded
or filed in the office of the appropriate county probate office, the owner or agent shall
forfeit and pay a penalty of one hundred dollars ($100) for each lot or parcel so transferred
and the description of the lot or parcel by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall not exempt the transaction
from the penalties or from the remedies provided in this...
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