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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-38-9.htm - 4K - Match Info - Similar pages
22-30-19
Section 22-30-19 Penalties and remedies. (a) Whenever, on the basis of any information, the
department determines that any person is in violation of any requirement of this chapter,
any rule or regulation promulgated by the department or any permit issued under authority
granted by this chapter, the department may issue an order requiring compliance immediately
or within a specified time period, and, in cases where an imminent threat to human health
or the environment is demonstrated, suspend operations causing such threat until the department
determines that adequate steps are being taken to correct such violations. (b) Whenever, on
the basis of any information, the department determines that there is or has been a release
of hazardous waste into the environment from a facility authorized to operate under Section
22-30-12(i), the department may issue an order requiring corrective action or such other response
measure as it deems necessary to protect human health or the environment....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30-19.htm - 5K - Match Info - Similar pages
10A-2A-2.07
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, notwithstanding that the other court of this state is not specified in that provision,
and in any other court specified in that provision that has the requisite...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-2.07.htm - 2K - Match Info - Similar pages
10A-5A-4.09
Section 10A-5A-4.09 Records to be kept; right of members and dissociated members to information.
Notwithstanding Sections 10A-1-3.32 and 10A-1-3.33: (a) Each limited liability company shall
maintain the following records: (1) A current list of the full name and last known business
or residence street address of each member. (2) A copy of the filed certificate of formation
and all amendments thereto, together with executed copies of any powers of attorney pursuant
to which any documents have been executed. (3) Copies of the limited liability company's federal,
state, and local income tax returns and reports, if any, for the three most recent years.
(4) Copies of the then effective limited liability company agreement including any amendments
thereto. (5) Copies of any financial statements of the limited liability company for the three
most recent years. (b) Subject to subsection (g), on 10 days' notice made in a writing received
by the limited liability company, the records set forth in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-4.09.htm - 4K - Match Info - Similar pages
37-3-23.1
Section 37-3-23.1 Unenforceability of certain motor vehicle transportation contract provisions.
(a) In this section, the following words shall have the following meanings: (1) MOTOR CARRIER.
The same meaning ascribed in subdivision (10) of Section 37-3-2, or any successor provision
and includes an agent, employee, servant, or independent contractor of the motor carrier if
the agent, employee, servant, or independent contractor provides services in connection with
the particular motor vehicle transportation contract to which subsection (b) applies. (2)
MOTOR CARRIER TRANSPORTATION CONTRACT. A bill of lading, contract, agreement, or other understanding
covering the following: a. The transportation of property for compensation or hire by the
motor carrier. b. Entrance on property by the motor carrier for the purpose of loading, unloading,
or transporting property for compensation or hire. c. A service incidental to a. or b., including,
but not limited to, storage of property. (3) MOTOR...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-3-23.1.htm - 5K - Match Info - Similar pages
41-10-44.6
Section 41-10-44.6 Project obligations generally. (a) Issuance of project obligations. The
authority is authorized and empowered to issue its project obligations from time to time for
the purpose of financing one or more projects in such aggregate principal amount as the board
of directors shall determine to be necessary to provide for all or a portion of the project
costs of the project or projects being financed and to pay the expenses of issuing the project
obligations. (b) Source of payment. All project obligations issued by the authority shall
be limited obligations of the authority payable solely from any combination of the following:
(1) The revenues and receipts of the authority derived from the financing agreement or agreements
entered into by the authority with respect to the project or projects financed by such project
obligations; (2) the income or proceeds realized by the authority under any mortgage or other
security granted to the authority; (3) amounts derived from any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-44.6.htm - 7K - Match Info - Similar pages
45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.12.htm - 3K - Match Info - Similar pages
9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-91.htm - 10K - Match Info - Similar pages
11-52-30
Section 11-52-30 Territorial jurisdiction; approval of maps or plats; regulations; limits on
exercise of powers. (a) Except as otherwise provided herein, the territorial jurisdiction
of any municipal planning commission shall include all land located in the municipality and
all land lying within five miles of the corporate limits of the municipality and not located
in any other municipality; except that, in the case of any nonmunicipal land lying within
five miles of more than one municipality having a municipal planning commission, the jurisdiction
of each municipal planning commission shall terminate at a boundary line equidistant from
the respective corporate limits of such municipalities. Any alterations of a municipal planning
commission based upon annexation or deannexation of property within the corporate limits of
a municipality shall occur once a year on the first day of January and shall take effect for
any annexations which were finalized on or before the preceding first day...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-52-30.htm - 10K - Match Info - Similar pages
14-15-4
memoranda, a court may rule on exceptions and motions without holding a hearing. (3) Hearings
may be conducted at the facility in which the prisoner is currently confined subject to agreement
by the state. (4) The court shall allow counsel to participate by telephone, video conference,
or other telecommunications technology in any hearing held at the facility to the extent practicable.
(g) No pro se civil action by a prisoner may assert a claim under state law for mental or
emotional injury suffered while in custody without a prior showing of physical injury.
(h)(1) The pro se civil actions of more than one prisoner may not be consolidated, and a prisoner's
action that is filed or prosecuted pro se may not assert a class action. (2) If a pro se civil
action names more than one plaintiff or asserts a pro se class action, the actions of any
plaintiff, other than the first named plaintiff, shall be dismissed without prejudice. (i)
No prisoner may file a petition for writ of...
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