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8-19A-16
Section 8-19A-16 Enforcement procedures. (a) If, by his or her own inquiries or as a result
of complaints, the enforcing authority has reason to believe that a person has engaged in,
or is engaging in a practice that violates this chapter, he or she may administer oaths and
affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the
service of a subpoena or at any time before the return date specified therein, whichever is
longer, the party served may file in the circuit court in the county in which he or she resides
or in which he or she transacts business and serve upon the enforcing authority a petition
for an order modifying or setting aside the subpoena. The petitioner may raise any objection
or privilege which would be available under this chapter or upon service of the subpoena in
a civil action. The subpoena shall inform the party served of his or her rights under this
subsection. (b) If matter that the enforcing authority seeks to obtain by...
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8-6-14
Section 8-6-14 Filing or registration not finding of truth, completeness, etc., of documents;
representations concerning effect of registration or exemption. (a) Neither the fact that
an application for registration under Section 8-6-3 or a registration statement under Sections
8-6-5, 8-6-6 or 8-6-7 has been filed, nor the fact that a person or security is effectively
registered constitutes a finding by the Securities Commission that any document filed under
this article is true, complete, and not misleading. (b) Neither any such fact nor the fact
that an exemption or exception is available for a security or a transaction means that the
Securities Commission has passed in any way upon the merits or qualifications of or recommended
or given approval to any person, security, or transaction. (c) It is unlawful to make, or
cause to be made, to any prospective purchaser, customer, or client any representation inconsistent
with this section. (Acts 1959, No. 542, p. 1318, §14; Acts 1990, No....
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8-6-171
Section 8-6-171 Definitions. In this article, unless the context otherwise requires, the following
words and terms shall have the following meanings: (1) AGENT. The same meaning as in subdivision
(2) of Section 8-6-2. (2) BROKER-DEALER. The same meaning as in subdivision (3) of Section
8-6-2. (3) COMMISSION. The Alabama Securities Commission. (4) DEPARTMENT. The Department of
Human Resources. (5) FINANCIAL EXPLOITATION. Any of the following: a. The wrongful or unauthorized
taking, withholding, appropriation, or use of money, assets, or property of a vulnerable adult.
b. Any act or omission taken by a person, including through the use of a power of attorney,
guardianship, or conservatorship of a vulnerable adult, to either of the following: 1. Obtain
control through deception, intimidation, or undue influence over the vulnerable adult's money,
assets, or property to deprive the vulnerable adult of the ownership, use, benefit, or possession
of his or her money, assets, or property. 2....
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8-7A-19
Section 8-7A-19 Civil penalties. (a) The commission may assess a civil penalty against a person
that violates this chapter or a rule adopted or an order issued under this chapter in an amount
not to exceed one thousand dollars ($1,000) per day for each day the violation is outstanding.
(b) In addition to the assessment in subsection (a), the commission may assess a charge for
the actual cost of any investigation resulting from any violation of this chapter, a violation
of any rule or order issued under this chapter, or the cost of any examination made by the
commission pursuant to this chapter, to the person or persons subject to such investigation
or examination. All assessments collected under this subsection shall be deposited in the
Alabama Securities Commission Fund in the State Treasury to be drawn upon by the commission
for its use in administration of this chapter. (Act 2017-389, §2.)...
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9-17-109
Section 9-17-109 Violations; records; fees; assessment and hearing; filling of containers;
installation, maintenance, etc., of appliances; damages. (a) Any person violating this article
or any rule, order, or regulation promulgated pursuant to this article shall, on conviction
thereof, be fined not more than one thousand dollars ($1,000) and may also be imprisoned in
the county jail or sentenced to hard labor for the county for not more than six months. Every
violation of this article or any rule, order, or regulation promulgated pursuant to this article
shall constitute a separate offense. (b) Every person subject to the fees imposed by Section
9-17-106 shall keep and preserve suitable records of all liquefied petroleum gas transactions
subject to fees and any other books or accounts necessary to determine the amount of fees
for which the person is liable under this article. Those records shall be retained for a period
of not less than three years, and shall include the name and...
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22-11A-32
Section 22-11A-32 Commitment petition - Findings; rehearing; confinement when no treatment
available. (a) If, at the final hearing, upon a petition seeking to commit a person to the
custody of the Alabama Department of Public Health or such other facility as the court may
order, the probate judge, on the basis of clear and convincing evidence, shall find: (1) That
the person sought to be committed has been exposed or is afflicted with one of the diseases
designated in this article; (2) That the person has refused testing or voluntary treatment;
(3) That, as a consequence of the disease, the person is dangerous to himself and the health
of the community; (4) That the person conducts himself so as to expose others to the disease;
(5) That treatment is available for the person's illness if confined or that confinement is
necessary to prevent further spread of the disease; and (6) That commitment is the least restrictive
alternative necessary and available for the treatment of the person's...
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31-2A-123a
Section 31-2A-123a (Article 123a.) Making, drawing, or uttering check, draft, or order without
sufficient funds. (a) Any person subject to this code who, for the procurement of any article
or thing of value, with intent to defraud, or for the payment of any past due obligation,
or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check,
draft, or order for the payment of money upon any bank or other depository, knowing at the
time that the maker or drawer has not or will not have sufficient funds in, or credit with,
the bank or other depository for the payment of that check, draft, or order in full upon its
presentment, shall be punished as a court-martial may direct. (b) The making, drawing, uttering,
or delivering by a maker or drawer of a check, draft, or order, payment of which is refused
by the drawee because of insufficient funds of the maker or drawer in the drawee's possession
or control, is prima facie evidence of his or her intent to defraud...
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32-5A-306
Section 32-5A-306 Administrative review. (a) Any person who has received a notice of suspension
or a notice of intended suspension under this article may request an administrative review.
The request may be accompanied by a sworn statement or statements and any other relevant evidence
which the person wants the director, or his or her agent, to consider in reviewing the determination
made pursuant to Sections 32-5A-300 and 32-5A-302. (b) When a request for an administrative
review is made, the director, or his or her agent, shall review the determination made pursuant
to Sections 32-5A-300 and 32-5A-302. In the review, the director, or his or her agent, shall
give consideration to any relevant sworn statement or other evidence accompanying the request
for the review, and to the sworn statement of the law enforcement officer required by Section
32-5A-301. If the director, or his or her agent, determines, by a preponderance of the evidence,
that the person drove or was in actual physical...
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34-3-82
Section 34-3-82 Power of subpoena. In the investigation of charges of professional misconduct,
the board and any committee appointed by it for this purpose shall have power to summon and
examine witnesses under oath and compel their attendance and the production of books, papers,
documents, and other writings necessary or material to the inquiry. Such summons or subpoena
shall be issued under the hand of the secretary of the board or the chairman of any duly constituted
subcommittee of the board and shall have the force of a subpoena issued by a court of competent
jurisdiction, and any witness or other person who shall refuse or neglect to appear in obedience
thereto or who shall refuse to be sworn or testify or produce books, papers, documents, or
other writings demanded shall be liable to attachment upon application to the Supreme Court
of the state or to any judge of any court of record for the district where the investigation
is conducted as in cases of contempt. (Acts 1923, No....
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37-4-1
Section 37-4-1 Definitions. Unless otherwise specified, when used in this article, these terms
shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission.
(2) COMMISSIONER. A member of the commission. (3) MUNICIPALITY. Any municipal corporation
organized under the laws of this state. (4) PERSON. Such term shall mean and include individuals,
associations of individuals, firms, partnerships, companies, corporations, municipalities,
governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever,
in the singular number as well as in the plural. (5) NONUTILITY. Any federal agency, instrumentality,
or corporation, owned by the United States, and any corporation or joint stock company in
which the United States or any of its departments, establishments, or agencies, owns more
than 50 percent of the voting shares of stock of such corporation or joint stock company.
(6) SECURITIES. Such term shall mean and include stock, stock...
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