|
5-18A-17
Section 5-18A-17 Consent orders; civil or criminal penalties; extraordinary circumstances.
(a) The supervisor may enter into consent orders at any time with any person to resolve any
matter arising under this chapter. A consent order shall be signed by the person to whom it
is issued, or a duly authorized representative, and shall indicate agreement to the terms
contained therein. A consent order need not constitute an admission by any person that any
provision of this chapter, or any rule, regulation, or order promulgated or issued pursuant
to this chapter has been violated, nor need it constitute a finding by the supervisor that
such person has violated any provision of this chapter or any rule, regulation, or order promulgated
or issued hereunder. (b) Notwithstanding the issuance of a consent order, the supervisor may
seek civil or criminal penalties or compromise civil penalties concerning matters encompassed
by the consent order. (c) In cases involving extraordinary circumstances...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-18A-17.htm - 1K - Match Info - Similar pages
11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under
this chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89C-9.htm - 8K - Match Info - Similar pages
2-28-7
Section 2-28-7 Denial or revocation of permits by commissioner and appeals therefrom.
Upon determination by the commissioner that any person certified or having a permit issued
under the provisions of this chapter or any person who has applied for such certification
or a permit has violated or failed to comply with any of the provisions or requirements of
this chapter or any rules and regulations promulgated thereunder, the commissioner shall be
authorized to revoke such certification or permit, or both, or he shall refuse to issue a
certification or a permit, or both, to an applicant therefor. The performance of unauthorized
work not covered by a permit, making misrepresentations or any fraudulent practices, failure
to perform a contract, failure to have in its employ, when required, a certified operator
or branch supervisor or use or continued use of ineffective methods or materials shall also
be valid grounds for revocation of a certification or a permit; provided, however, that no...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-28-7.htm - 3K - 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
27-2-31
Section 27-2-31 Hearings - Order. (a) In the conduct of hearings under this title and
making his order thereon, the commissioner shall act in a quasi-judicial capacity. (b) Within
30 days after termination of the hearing, or of any rehearing thereof or reargument thereon,
or within such other period as may be specified in this title as to particular proceedings,
the commissioner shall make his order on hearing, covering matters involved in such hearing
and in any such rehearing or reargument, and shall give a copy of such order to the same persons
given notice of the hearing and to all parties to the hearing. (c) The order shall contain
a concise statement of the facts as found by the commissioner, his conclusions therefrom,
and the matters required by Section 27-2-18. (d) The order may affirm, modify, or rescind
action theretofore taken or may constitute the taking of new action within the scope of the
notice of hearing. (e) This section does not apply as to hearings provided for in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-2-31.htm - 1K - Match Info - Similar pages
37-2A-5
Section 37-2A-5 Process for election. (a) An incumbent local exchange carrier, local
exchange carrier, or inter-exchange carrier shall be deemed to have elected to be regulated
under this chapter unless the carrier files written notice with the commission declining regulation
under this chapter not later than August 31, 2005; provided, however, that, any other provision
of this chapter to the contrary notwithstanding, so long as (i) application of any of the
requirements of 47 U.S.C. 251 (b) or (c) shall have been suspended or modified with respect
to an incumbent local exchange carrier pursuant to the provisions of 47 U.S.C. 251 (f) (2),
or (ii) an incumbent local exchange carrier shall be exempt from the obligations of 47 U.S.C.
251 (c) pursuant to the provisions of 47 U.S.C. 251 (f) (1) (A), such incumbent local exchange
carrier shall not be eligible to elect and shall not be deemed to have elected to be regulated
under this chapter unless the incumbent local exchange carrier files...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2A-5.htm - 7K - Match Info - Similar pages
41-22-27
Section 41-22-27 Effective date of chapter; validity, review, etc., of existing rules;
disposition of certain cases and proceedings. (a) This chapter shall take effect at 12:01
a.m., October 1, 1982; provided, however, that Section 41-22-22 shall take effect October
1, 1981. In order that the Legislative Reference Service may appoint and hire an aide to receive
the rules and in order to promulgate the Alabama Administrative Code and the Alabama Administrative
Monthly as soon as possible, subsections (a) and (b) of Section 41-22-6 and subsections
(a) through (e) of Section 41-22-7 shall also become effective October 1, 1981. It
shall be the duty of all agencies in existence on the passage of this chapter and all agencies
created thereafter to cooperate with the office of the Legislative Services Agency, Legal
Division, in compiling the Alabama Administrative Code and the Alabama Administrative Monthly
by submitting to the committee all rules now and hereafter in effect, and all proposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-27.htm - 4K - Match Info - Similar pages
11-24-3
Section 11-24-3 Fines; injunctions; inspections; enforcement of chapter. (a) Any owner
or developer failing to comply with the permitting requirement or otherwise violating this
chapter or any rule or regulation made pursuant to this chapter shall be fined one thousand
dollars ($1,000) per lot that has been sold, offered for sale, transferred, or leased to the
public. (b) In the event that the developer or owner fails to comply with this chapter, the
county commission shall have the right to enjoin action of the developer or owner by a civil
action for the injunction brought in any court of competent jurisdiction or, in the event
that work on the subdivision has been completed, to bring action to compel the developer or
owner to comply with this chapter. In addition to injunction, the county commission may recover
the penalty as provided by this section in any court of competent jurisdiction. (c)
The county commission may employ inspectors and may request the county license inspector...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-24-3.htm - 2K - Match Info - Similar pages
2-17-20
Section 2-17-20 Refusal or withdrawal of inspection as to establishments deemed unfit
to engage in business because of convictions based upon acquisition, distribution, etc., of
unwholesome, mislabeled or deceptively packaged food, etc.; appeals from determination and
order of commissioner. The commissioner may for such period or indefinitely, as he deems necessary
to effectuate the purposes of this chapter, refuse to provide or withdraw inspection service
under this chapter with respect to any establishment if he determines, after opportunity for
a hearing is accorded to the applicant for or recipient of such service, that such applicant
or recipient is unfit to engage in any business requiring inspection under this chapter because
the applicant or recipient or anyone responsibly connected with the applicant or recipient
has been convicted in any federal or state court of any felony or of one or more violations
of any law other than a felony based upon the acquiring, handling or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-17-20.htm - 2K - Match Info - Similar pages
2-17-30
Section 2-17-30 Jurisdiction and prosecution of injunctive proceedings under chapter
or regulations promulgated thereunder. The circuit courts of the several counties of this
state are vested with jurisdiction specifically to enforce and to prevent and restrain violations
of this chapter or any regulation promulgated under authority thereof by temporary restraining
order or permanent injunction or otherwise. Petitions for injunctive relief as authorized
hereunder shall be filed in the circuit court of the county of residence of the person who
violates the provisions of this chapter. Any action commenced hereunder based upon facts furnished
by the Commissioner of Agriculture and Industries or others having knowledge thereof may be
brought in the name of the State of Alabama upon the relation of the Attorney General and
with his approval, and such officer shall upon request be assisted by the district attorney
or deputy district attorney of the judicial circuit in which injunctive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-17-30.htm - 1K - Match Info - Similar pages
|