|
8-19C-6
Section 8-19C-6 Violations. The commission may commence proceedings in the circuit court
in the county relating to a knowing violation or threatened knowing violation of subsection
(a) of Section 8-19C-2 or Section 8-19C-5. Proceedings which the commission
may commence, include, without limitation, issuance of a cease and desist order or issuance
of an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for
each violation. The proceedings shall be brought in the name of the state. The commission
may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in
the course of investigating a violation of subsection (a) of Section 8-19C-2 or Section
8-19C-5. (Act 99-450, p. 1043, ยง7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19C-6.htm - 1K - Match Info - Similar pages
22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by
Attorney General in legal actions. In addition to any other powers and functions which may
be conferred upon it by law, the department is authorized beginning October 1, 1982 to: (1)
Administer appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting,
regulatory and enforcement functions; administer and enforce the provisions and execute the
functions of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of
this title; Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this
title; Sections 22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections
22-36-1 through 22-36-10. (2) Acting through the Environmental Management Commission, promulgate
rules, regulations, and standards in order to carry out the provisions and intent of this
chapter; provided, however, that prior to the promulgation of any state primary or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-5.htm - 16K - Match Info - Similar pages
36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings;
fees; finding of violation. (a) The commission shall do all of the following: (1) Prescribe
forms for statements required to be filed by this chapter and make the forms available to
persons required to file such statements. (2) Prepare guidelines setting forth recommended
uniform methods of reporting for use by persons required to file statements required by this
chapter. (3) Accept and file any written information voluntarily supplied that exceeds the
requirements of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing
system consistent with the purposes of this chapter. (5) Make reports and statements filed
with the commission available during regular business hours and online via the Internet to
public inquiry subject to such regulations as the commission may prescribe. (6) Preserve reports
and statements for a period consistent with the statute of limitations as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25-4.htm - 17K - Match Info - Similar pages
24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties'
right to take civil action; amendment of complaint; subpoenas; refusal to allow discovery;
hearing; panel opinion and order; review. (a) If not sooner resolved, the investigator, upon
completion of his investigation, shall submit to ADECA a statement of the facts disclosed
by his investigation and recommend either that the complaint be dismissed or that a panel
of office members be designated to hear the complaint. ADECA, after review of the case file
and the statement and recommendation of the investigator, shall issue an order either of dismissal
or for a hearing, which is not subject to judicial or other further review. (b) If the order
is for dismissal, ADECA shall mail a copy of the order to the complainant and the respondent
at their last known addresses. The complainant may bring an action against the respondent
in circuit court within 90 days of the date of the dismissal or within one year...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-8-13.htm - 7K - Match Info - Similar pages
40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating
a refinery or terminal in Alabama shall prepare and provide to the driver of every highway
vehicle receiving motor fuel at the facility a shipping document setting out on its face the
destination state as represented to the terminal operator by the shipper or the shipper's
agent. Failure to comply with this subsection may result in a department imposed penalty of
not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), to
be multiplied by the sum of the current violation plus prior violations of this subsection.
(b) Every person transporting motor fuel in Alabama in a highway vehicle other than in its
supply tank shall carry on board a shipping document issued by the facility where the motor
fuel was obtained. The shipping document shall set out on its face the state of destination
of the motor fuel transported in the highway vehicle. Violation of this subsection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-350.htm - 14K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-94.htm - 7K - Match Info - Similar pages
8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a)
Any person who: (1) Sells or offers to sell a security in violation of any provision of this
article or of any rule or order imposed under this article or of any condition imposed under
this article, or (2) Sells or offers to sell a security by means of any untrue statement of
a material fact or any omission to state a material fact necessary in order to make the statements
made, in the light of the circumstances under which they are made, not misleading, the buyer
not knowing of the untruth or omission, and who does not sustain the burden of proof that
he did not know and in the exercise of reasonable care could not have known of the untruth
or omission, is liable to the person buying the security from him who may bring an action
to recover the consideration paid for the security, together with interest at six percent
per year from the date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-7.htm - 6K - Match Info - Similar pages
22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission,
is authorized to promulgate a permit program for hazardous waste management practices and,
acting through the commission, to promulgate criteria for issuing permits and rules identifying
procedures for obtaining permits. (b) Except as provided by this subsection or subsections
(i) and (j) of this section, no person shall engage in the transportation, treatment,
storage or disposal of hazardous waste without having applied for and obtained a permit from
the department issued under authority of this section. The department, acting through
the commission, may promulgate rules which exempt certain hazardous waste management practices
from the requirement to obtain a permit under this section. (c) Unless specifically
exempted from regulation by this chapter or rules promulgated under authority of this chapter,
no person may commence or continue construction or operation of any hazardous waste treatment,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30-12.htm - 7K - Match Info - Similar pages
|