8-6-21
Section 8-6-21 Commission authorized to swear out warrants of arrest; liability of commission
for warrant. The Securities Commission is authorized and empowered to swear out warrants of
arrest against any person violating the criminal provisions of this article, and it shall
not be liable in damages or to an action for damages by reason of swearing out warrants or
for causing the arrest and detention or imprisonment of any person or persons under such warrant
or warrants. (Acts 1959, No. 542, p. 1318, §20; Acts 1990, No. 90-527, p. 772, §1.)...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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12-21-401
Section 12-21-401 Definitions. In this article: (1) "Foreign jurisdiction" means
a state other than this state. (2) "Foreign subpoena" means a subpoena issued in
a civil action under authority of a court of record of a foreign jurisdiction. (3) "Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity. (4) "State"
means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
subject to the jurisdiction of the United States. (5) "Subpoena" means a document,
however denominated, issued in a civil action under authority of a court of record requiring
a person to: (A) Attend and give testimony at a deposition. (B) Produce and permit inspection
and copying of...
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23-1-368
Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement
of subpoena. The director may conduct investigations and hold inquiries relating to this article.
All investigations conducted shall be open to the public. The director may administer oaths
and affirmations, certify official acts, issue subpoenas, and compel the attendance and testimony
of witnesses and the production of papers, books, and documents. In case of failure to comply
with any subpoena or order issued under the authority granted by this article, the director
may invoke the aid of any circuit court of the state. The court may order the witness to comply
with the requirements of the subpoena or order or to give evidence relating to the matter
in question. Any failure to obey the order of the court may be punished by the court as contempt
thereof. (Act 2000-220; p. 328, §21.)...
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28-4-272
Section 28-4-272 Forfeiture and condemnation proceedings generally - Persons not to be excused
from attending and testifying or producing books, papers, etc., at hearing or trial; immunity
from prosecution as to transactions, etc., as to which testimony or documents produced. No
person, except one who answers claiming some right, title or interest in the liquors so seized,
shall be excused from attending and testifying or producing any books, papers or other documents
before any court or judge upon any such hearing or trial upon the ground or for the reason
that the testimony or evidence, documentary or otherwise, required of him may tend to convict
him of a crime or to subject him to a penalty or forfeiture, but no person shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any transaction, matter or
thing concerning which he may so testify or produce evidence, documentary or otherwise, and
no testimony so given or produced shall be received against him...
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34-27-61
Section 34-27-61 Hearing; refusal, suspension, or revocation of license; willful violation
defined; escrow deficiency. The commission may upon its own motion, or upon the verified complaint
in writing of any person, hold a hearing regarding an alleged violation by any person or business
entity of this article. Any person found guilty of having violated any provision of this article
or any rule, regulation, or order of the commission shall be subject to the refusal of a license,
if not licensed; or, if licensed, to the suspension or revocation of such license and/or a
monetary penalty of not less than $25 nor more than $1,000. Such hearing shall be held in
a manner prescribed by the Alabama Real Estate License Law and the rules and regulations of
the Alabama Real Estate Commission. The reinstatement of a license suspended or revoked as
a result of a violation under this article may be made conditional upon the fulfillment of
such reasonable conditions as are imposed by the commission....
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37-1-82
Section 37-1-82 Production and inspection of books or records, etc., of utilities. (a) The
commission, by order, may require any utility or any officer or agent thereof to produce within
the state, at such reasonable time and place as it may designate, any books, records, accounts
or documents kept in any office or place without or within the state, or certified copies
thereof, whenever the production thereof is reasonably required and pertinent to any matter
under investigation before the commission, in order that an examination thereof may be made
by the commission, or by any person employed by the commission. (b) The commission shall examine
and inspect, or cause to be examined and inspected, at reasonable times and in a reasonable
manner, under its authority, the books, records, accounts, documents, plant, property and
facilities of any utility, whether there is any proceeding by or against the utility then
pending before the commission or not. Every utility, its officers and...
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37-4-21
Section 37-4-21 Valuation of utility property - Appeals. When any order of valuation or of
revaluation of the commission has become a final order, an appeal may be taken therefrom by
the utility or by any person, as defined in this article, who is a party to the cause before
the commission, to the Circuit Court of Montgomery County, Alabama, within 30 days from the
date of such final order, and upon the hearing of such appeal that court shall have the right
to affirm the order of the commission, or reverse the same and remand the case to the commission
for further consideration. From any such judgment of the circuit court, an appeal shall lie
to the Supreme Court of Alabama, which court shall have the right to affirm the judgment of
the circuit court, or to reverse the same and remand the case to the commission for further
consideration. If the case should be reversed and remanded to said commission by either the
circuit or the supreme court, the commission shall proceed to a...
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45-37A-52.222
Section 45-37A-52.222 Investigations by council or mayor. The council, the mayor, or any person
or committee authorized by either of them, shall have power to inquire into the conduct of
any office, department, agency, or officer of the city and to make investigations as to municipal
affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production
of books, papers, and other evidence. Failure to obey such subpoena or to produce books, papers,
or other evidence as ordered under this section shall constitute a misdemeanor and shall be
punishable by a fine not to exceed one hundred dollars ($100) or by imprisonment not to exceed
six months, or both. (Acts 1955, No. 452, p. 1004, §8.03.)...
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45-8A-23.262
Section 45-8A-23.262 Investigations by council or city manager. The council, the city manager,
or any person or committee authorized by either of them, shall have power to inquire into
the conduct of any office, department, board, or agency or officer of the city and to make
investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer
oaths, and compel the production of books, papers, and other evidence. Failure to obey such
subpoena or to produce books, papers, or other evidence as ordered under the provisions of
this section shall constitute a misdemeanor and shall be punishable by a fine not to exceed
one hundred dollars ($100) or by imprisonment not to exceed six months, or both. (Acts 1953,
No. 404, p. 472, §9.03.)...
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