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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...
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11-89C-9
a public corporation, or with any other public corporation, authority, or district authorized
by the Legislature to implement this chapter. In furtherance of this objective, any governing
body may perform any of the functions and powers provided in Section 11-89C-4 for public corporations,
and any function or eligibility requirement provided or required for joining and participating,
and to transfer and convey to the public corporation, with or without consideration, any facilities,
real or personal property, money, or thing of value, including the services of employees
through loan, detail, or assignment. (d) Any governing body may establish, levy, and impose
by resolution or ordinance, any revenue-raising measure within its jurisdiction, including,
but not limited to, fees, charges, or assessments, without any referendum unless required
by the Constitution of Alabama of 1901, deemed necessary to implement this chapter or to comply
with all provisions of storm water laws, subject to...
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...
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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...
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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...
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