|
8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-5.htm - 16K - Match Info - Similar pages
27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
34-21-91
Section 34-21-91 Injunctive proceedings by boards against persons violating article. Both the
State Board of Medical Examiners and the Board of Nursing in addition to the powers and duties
otherwise expressed in this article, may commence and maintain in their own names in any circuit
court having jurisdiction of any person within this state who is unlawfully engaging in advanced
practice nursing as a certified registered nurse practitioner or a certified nurse midwife
action in the nature of quo warranto as provided for in Section 6-6-590, et seq., to order
the person to cease and desist from continuing to engage in these areas of advanced practice
nursing within the State of Alabama, and jurisdiction is conferred upon the circuit courts
of this state to hear and determine all such cases. The boards may commence and maintain such
actions without the filing of bond or security and without the order or direction of a circuit
judge. An injunction shall be issued upon proof that the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-21-91.htm - 1K - Match Info - Similar pages
34-31-32
Section 34-31-32 Violations; penalties. (a) Any person engaged in business as a certified contractor
or performing the functions of a certified contractor in violation of this chapter shall be
guilty of a Class A misdemeanor, as defined by the state criminal code. (b) The board may,
at its discretion, impose late penalties on those certified contractors who fail to renew
certificates by December 31 of each year. The board may also remove certification from any
certified person who fails to renew his or her certificate by the first day of March and require
the person to apply for a new certificate. Furthermore, the board may at its discretion, remove,
revoke, or suspend the certification from any certified contractor who provides substandard
or dangerous service, repair, or installation, or who otherwise violates this chapter, and
may require such person to apply for a new certification. The board may, in its discretion,
also require the successful re-testing of any such person who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-31-32.htm - 4K - Match Info - Similar pages
34-8A-18
Section 34-8A-18 Penalties; review; disciplinary oversight of licensees; legal counsel. (a)
In addition to any other powers and functions which may be conferred upon it by law, the board
may issue an order assessing a civil penalty not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) against any person who holds himself or herself
out to the public as a licensed professional counselor or associate licensed counselor or
who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2,
or who shall engage in the private practice of counseling and does not then possess in full
force and virtue a valid license to engage in private practice as a licensed professional
counselor or associate licensed counselor under this chapter. (b) In determining the amount
of any penalty, the board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-8A-18.htm - 2K - Match Info - Similar pages
13A-9-76
Section 13A-9-76 Enforcement of provisions by injunction, cancellation of registration, etc.;
civil penalties. (a) In addition to any other remedy under this article, the Attorney General
of the State of Alabama, the district attorneys of the respective counties of the State of
Alabama, or an affected charitable organization may bring an action against a charitable organization,
professional fund raiser, professional solicitor, or commercial co-venturer, and any other
persons acting for or on their behalf to enjoin the charitable organization and other persons
from continuing the solicitation or collection of funds or property or engaging therein or
doing any acts in furtherance thereof; and to cancel any registration statement previously
filed with the Attorney General whenever the Attorney General or a district attorney shall
have reason to believe that the charitable organization is acting in the following manner:
(1) Operating in violation of the provisions of this article. (2)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-76.htm - 3K - Match Info - Similar pages
34-11-15
Section 34-11-15 Violations; penalties. (a) Any person who practices, offers to practice, or
holds himself or herself out as qualified to practice engineering or land surveying in this
state or uses in connection with his or her name or otherwise assumes, uses, or advertises
any title or description including, but not limited to, the term engineer, engineers, engineering,
or professional engineer, professional engineers, or professional engineering, or land surveyor,
land surveyors, land surveying, or professional land surveyor, professional land surveyors,
or professional land surveying, without being licensed or exempted in accordance with this
chapter, or any person presenting or attempting to use as his or her own the certificate of
licensure or the seal or facsimile thereof of another, or permitting his or her own certificate
of licensure, seal or facsimile thereof to be used by another person, or any person who gives
any false or forged evidence of any kind to the board or to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-15.htm - 5K - Match Info - Similar pages
13A-5-2
Section 13A-5-2 Authorized dispositions. (a) Every person convicted of a felony shall be sentenced
by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10.
(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the
court to pay a fine authorized by Section 13A-5-11. (c) Every person convicted of a misdemeanor
or violation shall be sentenced by the court to: (1) Imprisonment for a term authorized by
Section 13A-5-7; or (2) Pay a fine authorized by Section 13A-5-12; or (3) Both such imprisonment
and fine. (d) Every person convicted of a felony, misdemeanor, or violation, except for the
commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed
on probation as authorized by law. (e) This article does not deprive a court of authority
conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license
or permit, remove a person from office, cite for contempt, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-2.htm - 1K - Match Info - Similar pages
34-36-6
Section 34-36-6 Powers and duties of board. (a) By rule, the board shall make provisions to
do all of the following: (1) Prepare or approve all examinations of applicants for licenses
for electrical contractors and journeyman electricians. (2) Determine the qualifications of
electrical contractors to engage in the business of electrical contracting. (3) Determine
the qualifications of journeyman electricians to engage in electrical work. (4) Provide for
the investigation of written complaints filed with the board concerning alleged violations
of this chapter and any rules adopted by the board. (b) The board may suspend, revoke, or
refuse to issue or renew a license and impose a civil penalty in an amount not to exceed five
thousand dollars ($5,000), after notice and opportunity for a hearing pursuant to the Alabama
Administrative Procedure Act, upon proof of any of the following actions by a licensee or
applicant: (1) Violating any provision of this chapter. (2) Attempting to procure a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-36-6.htm - 4K - Match Info - Similar pages
|