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40-2A-3
Section 40-2A-3 Definitions. For the purposes of this chapter and Chapter 2B, the following
terms shall have the following meanings: (1) ASSOCIATE ALABAMA TAX TRIBUNAL JUDGE. An associate
judge as defined in Section 40-2B-2. (2) AUTHORIZED REPRESENTATIVE. Any individual, including,
but not limited to, an attorney or certified public accountant with written authority or power
of attorney to represent a taxpayer before the department or the Alabama Tax Tribunal; provided
however, that nothing herein shall be construed as entitling any such individual who is not
a licensed attorney to engage in the practice of law. (3) CHIEF ALABAMA TAX TRIBUNAL JUDGE
or CHIEF JUDGE. The chief judge as defined in Section 40-2B-2. (4) COMMISSIONER. The commissioner
of the department or his or her delegate. (5) COMPTROLLER. The Comptroller of the State of
Alabama. (6) DELEGATE. When used with reference to the commissioner means any officer or employee
of the department duly authorized by the commissioner,...
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41-23-252
Section 41-23-252 Definitions. For the purpose of this article, the following words and phrases
shall have the following meanings: (1) ADECA. The Alabama Department of Economic and Community
Affairs. (2) ALABAMA RESEARCH ENTITY. One or more of the following: a. A public or private
university in the state. b. A university research foundation affiliated with a public or private
university in the state. c. A public two-year college in the state. d. A publicly owned hospital
in the state. e. An entity duly formed, domiciled, or qualified to do business in the state
that meets each of the following criteria: 1. Is exempt from federal income tax under Section
501(c)(3) of the Internal Revenue Code of 1986, as amended. 2. Is predominantly engaged in
research and non-commercial development activities undertaken for the purpose of discovering
information that is technological or biotechnological in nature, involves a process of experimentation,
and the application of which is intended to be...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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34-1A-1
Section 34-1A-1 Definitions. For the purpose of this chapter, the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ADMINISTRATIVE
EMPLOYEE. A person who engages in clerical duties for a licensed company, whose work is restricted
to office duties, and who has access to sensitive client information including, but not limited
to, Social Security numbers, customer privacy codes, customer passwords, and similar information.
(2) ALARM MONITORING COMPANY. Any person, company, corporation, partnership, or business,
or a representative or agency thereof, authorized to provide alarm monitoring services for
alarm systems or other similar electronic security systems whether the systems are maintained
on commercial business property, public property, or individual residential property. (3)
ALARM SYSTEM. Burglar alarms, security cameras, or other electrical or electronic device used
to prevent or detect burglary, theft, shoplifting, pilferage, and...
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41-16-123
Section 41-16-123 Provisions applicable to certain property held by division. This section
shall apply only to that property that has been held by the division for a period of not less
than 60 days from the date the property is first published in the list of surplus property,
as set out in subsection (b) of Section 41-16-121, and not purchased by any eligible entity
as set out in subsection (e) of Section 41-16-120 as follows: (1) All contracts made by or
on behalf of the State of Alabama or a department, board, bureau, commission, institution,
corporation, or agency thereof, of whatever nature for the sale or disposal of tangible personal
property owned by the State of Alabama, other than the following: a. Alcoholic beverages.
b. Products of the Alabama Institute for Deaf and Blind. c. Barter arrangements of the state
prison system. d. Books. e. School supplies. f. Food. g. Property used in vocational projects.
h. Livestock. i. Property owned by any state college or university,...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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37-15-10.1
Section 37-15-10.1 Underground Damage Prevention Authority. (a) The Underground Damage Prevention
Authority is created for the purpose of enforcing this chapter and for reviewing penalty provisions
and the adequacy of the enforcement process. It is the intent of the Legislature that the
authority and its enforcement activities not be funded by appropriations from the state budget.
(b) The authority shall utilize the services of the Alabama Public Service Commission to provide
administrative support for the authority, subject to the concurrence by the authority board.
The Public Service Commission shall charge the expenses associated with the administrative
duties of the authority back to the authority, subject to the concurrence of the authority
board. The administrative support provided by the Alabama Public Service Commission to the
authority is in an administrative capacity only and nothing in this chapter shall expand the
jurisdiction of the Alabama Public Service Commission in any...
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40-25-2
Section 40-25-2 Who is liable for tax; amount; local tax or fee. (a) In addition to all other
taxes of every kind now imposed by law, every person, firm, corporation, club, or association,
within the State of Alabama, who sells or stores or receives for the purpose of distribution
to any person, firm, corporation, club, or association within the State of Alabama, cigars,
cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, snuff, or any substitute
therefor, either or all, shall pay to the State of Alabama for state purposes only a license
or privilege tax which shall be measured by and graduated in accordance with the volume of
sales of such person, firm, corporation, club, or association in Alabama. There is hereby
levied license or privilege taxes on articles containing tobacco enumerated in this article
in the following amounts: (1) LITTLE CIGARS. Upon cigars of all descriptions, including filtered
cigars, made of tobacco, or any substitute therefor, and weighing not...
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8-21A-6
Section 8-21A-6 Supplier's duties to dealers - Agreements to maintain inventory; supplier's
duty to repurchase inventory, etc. upon termination of agreement; transfer of title and right
of possession; continuing security interest; items not covered; civil liability of supplier;
remedies. (a) Whenever any dealer enters into a dealer agreement with a supplier wherein the
dealer agrees to maintain an inventory of equipment and/or repair parts and the dealer agreement
is subsequently terminated or not renewed, whether by either party or mutual consent of both,
the supplier shall repurchase the inventory as provided in this section. Further, supplier
shall repurchase at its fair market value or assume the lease responsibilities of any specific
data processing hardware and/or software that the supplier required the dealer to purchase
to satisfy the minimum requirements of the dealer agreement and repurchase at 75 percent of
the current net price any merchandising tools, accessories, and...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless
the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or
confirms another's impression which is false and which the defendant does not believe to be
true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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